Introduction to Law

Law and Society ‡ ‡ The evolution of human society Relationship between Law and Human Society

1

Definition of Law ‡ Law in its legal sense means those rules and principles that govern and regulate social conduct and the observance of which can be enforced in courts ‡ It operates to regulate the actions of persons in respect to one another and in respect of the entire social group or society 2 .

Public Law ‡ The law which concerns the public or society as a whole and handles conflicts between the individual and the state are known as Public Law. Public Law can be divided into three classes: ‡ Constitution Law ‡ Administrative Law ‡ Criminal Law 3 .

It is separated into many special fields such as: ‡ Law of contract ‡ Law of Agency ‡ Law of sale of goods ‡ Law of negotiable instruments. 4 . It handles conflicts between individual persons. etc.Private Law Private Law pertains to individuals. etc.

Sources of Law Two types: ‡ God given law (Islamic Law) ‡ Man made Law 5 .

Sources of Islamic Law ‡ ‡ ‡ ‡ The Holy Quran Hadith and Sunnah Ijmaa Qayas 6 .

The Common Law 7 .Sources of Man Made Law 1. Judicial Precedence 3. Statute Law ± Primary legislation ± Delegated legislation 2.

Provincial Assemblies c.Primary Legislation ‡ Parliament a. President 8 . Senate d. National Assembly b.

9 . remaining under the overall ambit of the primary legislation.Delegated Legislation Detailed rules and regulations and procedures framed by the authorised institutions for day to working.

Judicial Precedence Previous decisions of superior courts in cases of similar nature 10 .

‡ It can be found in volumes of reported cases and is common to the whole realm 11 . It is traditionally unwritten law having force of public opinion and widely accepted by the society.The Common Law ‡ Consists of the principles based on immemorial customs. and enforced by the courts.

Difference between Act and Ordinance ‡ What is an Act? ‡ Procedure for passing an Act. ‡ What is an Ordinance? 12 .

Three Pillars of State ‡ Legislature ‡ Judiciary ‡ Executive 13 .

The National Assembly b. The President 14 . The Senate d. The Provincial Assembly c.Legislature ‡ The pillar of the state that makes the law. It includes the following: a.

Judiciary ‡ The pillar of the state that interprets the law and gives awards (decisions) and sentences as per law. magistrates and judges 15 . ‡ This includes law courts.

‡ This includes the police and other law enforcing authorities 16 .Executive ‡ The pillar of the state that enforces and implements the law.

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