Statute

Statute:-----

What is statute?

A statute can be defined as a will of the legislature. The legislature as the representative 

of the nation or the people of a State. The Indian Statute is on act of Central Legislature 

or of a state Legislature.The statute includes Acts passed by the Imperial or provincial  

legislatures in pre-independence days as well as Regulations.

International Law and Municipal Law

1.International Law and Municipal Law,

International Law:- it can be divided into two classes:
a).Public International law,
b).Private  International law.

2.Municipal Law:--

a) Private Law and public Law


Private Law:--It regulates and governs the relatios of the citizwen s with one another, InPrivate law, the parties in a case may be natural persons or artificial persons. The state meely acts as arbiter through its courts. Private Laws are:- The laws of property, contracts, companies, torts,trusts etc...


Public Law:---

Public law regulates the relations between the state and private individuals. It deals with rights and obligations of the state towards its citizens and Vice Versa.

Public law is divided into three classes.

1).  Constitutiional Law,

2). Administrative Law,

3). Criminal Law.

Kinds of Law

Kinds of Law

Classification of law is necessary of good and better understanding in a systematic way.classification makes clear and the relation between different rules and their effect on each other. It can help a lawyer in identifying and understanding law.the law ha been classified defferently from time to time.but the law needs a new classification in every age as it keepson changing in law.sometimes distinction between various kinds of laws becomes unclear. However Still classification is useful as an instrument of  understanding and applying laws correctly. so the existing law can be classified in this manner.

1.    International law and Municipal law,

2.    Private law and Public law,

3.    General law, and Special law,

4.    Substantive law and Procedural law,

5.    Antecedent and  Remedial law,

6.    Law in rem and Law in personam.

Secondary Sources of Law

Secondary Sources of Law

It is well known that there are two types of  material sources of law are called 

as "primary Sources  of Law" and "Secondary sources of Law".

Where it is expressed  that information in the form of Analysis,interpretation and

commentaries on primary sources can be found. So from now onwards  we refer 

the sources of law as primary and secondary sources of law.

Secondary Sources of law:---Secondary sources are essentially writings or commentaries

about the law found in primary sources. Secondary sources include legal encyclopedia,

legal treatises,law articles, scholarly works, books by eminent jurists etc. 

Judicial decisions become precedents

Judicial decisions become precedents:----

When the court decides more and more cases, it gives identical decisions in those cases

 having similar facts.These judicial decisions become precedents for subsequent cases

 similar nature.and the judge has to bound to deliver his decision if the facts of the

 two cases are similar in nature, or identical,the discretion of the judge disappears

 and he has to act according to the precedent on the  subject.

Primary Sources of Law

Primary Sources of Law:------


Sources of law are varied and advocates has  to tap all sources to get at the legal position. The following are the six primary sources from which law emanates:

1.     The Constitutional Law,

2.     The Statutory Law,

3.      The Judicial Precedents,

4.       The Conventional Law including Private International Law,

5.       The Justice,equity and good conscience.

6.       International Law.




Common Law principle is that "Ignorance of law is no excuse"   Nobody can plead that he had no knowledge of law when a violation is committed by him.

Nature of Law

Some confusion in the definition of law. is due to the different types of purposes sought to be

achieved by it..

T.Arnold :---- Says that Law can never be defined.

Prof.H.L.A.Hart  Writes :----"few questions concerning human society have been asked with such

persistence and answered by serious thinkers in so many diverse, strained and even paradoxical ways

as the question "What is Law"