Definition and classification of law

Enjoy

1. Definition And Classification Of Law By Brig(R) Muhammad Saleem , SI (M)

2. Definitions Classification Of law Overview of general and commercial terms Business entities Business Law Basics By Berger Harris and Samuel D Brickley Scope

3. Law. A rule of action to which men are obliged to make their conduct conformable , a command, enforced by some sanction, to acts and forbearances of class A principle of conduct observed habitually by an individual or a class In its widest sense, law is an aggregate of rules enforceable by judicial means in a given country Jowitt on Dictionary of English law, 2 nd Ed Mitra`s Legal and Commercial Dictionary Definition

4. Four principal functions and purposes:- Establishing standards Maintaining order Resolving dispute Protecting liberties and rights A guidepost for minimally acceptable behavior in society Purpose and Function of Law

5. Written Unwritten National International Public Private Substantive Procedural Criminal Civil Classification Of L aw Act Ordinance Rules Regulations

6. These are rules of law those have been reduced into a written form. They are embodied in a formal document e.g Constitution Written laws prevails over unwritten law Written law

7. These are rules of Law that have not been reduced into written form They are not embodied in any single document e.g African customary law, common law, equity Their existence must be proved Unwritten Law

8. These are rule of law operational within the boundaries of the country Regulates the relation between the citizens Regulate the relation between the citizens and the state Based on the act of parliament , customary and religious practice of the people National Law

9. It is a body of rules that regulates relations between countries/states and other international persons e.g United Nations It is based on international agreements of treaties and customary practice of states and general principles International Law

10. It consist of those fields or branches of law in which the state has an interest as the sovereign e.g Criminal Law, Constitutional Law, Administrative Law Public law is concerned with the constitutions and functions of the various organs of Government including local authorities, their relations with each other and citizens Public law asserts state sovereignty and power Public Law

11. It consists of those fields or branches of law in which the state has no direct interest as the sovereign e.g Law of Contracts, Law of Property , Law of Succession Private law is concerned with day to day transactions of legal relationship between persons It defines the rights and duties of parties Private Law

12. Create rights and duties of parties Concerned with the rules themselves as opposed to the procedure on how to apply them Provides remedies when the rights are violated Defines offenses and prescribes punishments e.g Pakistan Penal Code Substantive Law

13. Deals with procedures on how to apply law Consist of steps or guiding principles or rules of practice to be complied with or followed in the administration of justice or in the application of substantive law Referred to as Adjective Law e,g CrPC, CPC Procedural Law

14. It has been defined as the law of crimes A crime has been defined as an act or omission committed or omitted In violation of public law e.g murder, robbery, theft All crimes or offence are created by parliament through statutes Suspects are arrested by the state through the police Offences are generally prosecuted by the state through the office of the Attorney General Criminal Law

15. It is concerned with the violation of private rights in there individual or corporate capacity e.g breach of contract , negligence , defamation , nuisance, trespassing If a persons private rights are violated the person has a cause of action Cause of actions are recognized by statutes and by the common law The person whose rights have been allegedly violated sues the alleged wrong doer hence civil cases styled as plaintiff vs defendant It is the duty of the plaintiff to adduce evidence to prove his case the burden of proof lies on plaintiff Purpose of civil law is the protection of rights and enforcement of duties as well as provision of legal remedies as and when a persons rights have been violated Civil Law

16. Means a thing done, deed, something done by a person pursuant to his violation. Act used with a reference to an offence are or a civil wrong shall include a series of act and words which refers to acts done extend also to illegal emission Act includes illegal emissions The word act extends to illegal emissions and no distinctions can be made between acts done illegally and in bad faith and acts done bona fide in official capacity According to criminal procedure code act means and includes the power to examine and cross examine witnesses and address the court Mitra`s Legal and Commercial Dictionary Roop K Shorey V State, AIR 1967 Punj 42 Act

17. President of Pakistan has the power to promulgate Ordinance during reses of parliament Ordinance

18. Rule shall mean a rule made in exercise of power conferred by any enactment and shall include a regulation made as a rule under any enactment General Clauses Act 1897 & 1956 Section 3 ( 47 ) Rules

19. Regulation means a regulation made by the federal government under government of India act 1870 or the government of India act 1915 or under section 95 or section 96 of government of India act 1935 or by the governor under article 103 or article 104 of the constitution of 1956 or by the President or by the Governor under article 223 of the constitution of 1962 or by the President or by the Governor under article 247 of the constitution of 1973 General Clauses Act 1897 & 1956 Section 3 ( 46 ) Regulations

20. Offer Acceptance Promise Consideration Agreement Contract Breach of contract Arbitration Liquidation General and Commercial Terms Partnership Bankruptcy Damages Insolvency Deed Lease Vendor Vendee

21. When one person signifies to another his willingness to do or abstain from ding any act An offer to contract must be made with the intention to create, if accepted, a legal relationship. It must be capable of being accepted (not containing any impossible conditions), must also be complete (not requiring more information to define the offer) and not merely advertising Offer

22. It is the unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party. Acceptance

23. Offer when accepted without any condition becomes a promise. Section 2 ( B ) Promise

24. I n a contract each side must give some consideration to the other. Often referred to as the quid pro quo. Usually this is the price paid by one side and the goods supplied by the other. But it can be anything of value to the other party, and can be negative - eg someone promising not to exercise a right of access over somebody else's land in return for a payment would be a valid contract, even if there was no intention of ever using the right anyway. Consideration

25. Every promise and every set of promises forming the consideration is an agreement. Section 2 ( E ) Agreement

26. An agreement enforceable by law is a contract. Section 2 ( H ) Contract

27. F ailure by one party to a contract to uphold their part of the deal. A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in breach Breach of Contract

28. U sing an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance. Arbitration

29. T he formal breaking up of a company or partnership by realizing (selling or transferring to pay a debt) the assets of the business. This usually happens when the business is insolvent, but a solvent business can be liquidated if it no longer wishes to continue trading for whatever reason Liquidation

30. W hen two or more people or organizations join together to carry on a business Partnership

31. The formal recognition that a person cannot pay their debts as they are due. Note this only applies to individuals, companies and partnerships that become insolvent are wound up. Bankruptcy

32. Money paid as the normal remedy in the law as compensation for an individual or company's loss. If another type of remedy is wanted (such as an  injunction) but cannot be or is not given by the court, then damages will be awarded instead. Damages

33. The situation where a person or business cannot pay its debts as they fall due Insolvency

34. A written document by which a person transfers ownership of real property to another. A deed must be properly executed and delivered in order to be effective Deed

35. A contract by which an owner of property conveys exclusive possession and use of it for a specified rent and for a specified period after which the property reverts to the owner Lease

36. The person who is selling a property Vendor

37. The person to whom a property is sold Vendee

38. It is an entity that is formed and administered as per commercial law in order to engage in business activities, charitable work or other activities allowable Most often business entities are formed to sell a product or a service Business Entity

39. Corporation Corporative Partnership Sole Proprietorship Limited L iability Company Types of Business Entities

40. It is a more complex and generally suggested for larger, established companies with multiple employees It is also referred as C-corporation A corporation is an independent legal entity owned by share holders The corporation itself, not the share holders that owns it, is held legally liable for the action and debits the business incurs Corporation

41. People form cooperative to meet a collective need or to provide a service that benefits to all members-owners Profits and earnings generated by the cooperative are distributed amongst the members, also known as user-owner Typically , an elected board of directors and officers run the cooperative Regular members have voting power to control the direction of the cooperative Cooperative

42. When two or more persons make an association to do a business for sharing the profit Business is conducted by all partners or any of them on behalf of all The liabilities' unlimited Types: General, Limited, Particular, At Will Partnership

43. It is the most basic type of business You alone own the company and are responsible for its assets and liabilities It is an unincorporated business owned and run by one individual with no distinction between the business and the owner You are entitled to all profits and are responsible for all your business loses and liabilities Sole Proprietorship

44. It is designed to provide the limited liability feature of the corporation and the tax efficiency and operational flexibility of a partnership The owner of the LLC are referred to as members Unlike the share holders in a corporation LLC`s are not taxed as a separate business entities. Instead , all profits and loses are past through the business to each member of LLC LLC members report profits and loses on there personal federal tax return just like the owner of the partnership would do Limited Liability Company

45. THANK YOU