Definition

“A law is a rule of conduct imposed and enforced by the Sovereign.” Austin

“Law is the body of principles recognized and applied by the state in the administration of
justice.” Salmond

“Law is that portion of the established habit and thought of mankind which has gained distinct
and formal recognition in the shape of uniform rules backed by the authority and power of the
government.” Woodrow Wilson

“The object of law is order, and the result of order is that men are enabled to look ahead with
some sort of security as to the future.” Anson

Sources of Law

English Law
Indian Statutes
Judicial Decisions
Customs and Usages

Legal Terms
1. Volenti Non Fit Injuria: to one who is willing no harm is done
2. Ignorantia Juri non excusat: Ignorance of law is not an excuse.
3. Ultra Vires Latin: beyond the powers.
4. Uberrimae Fidei Latin: of the utmost good faith.
5. Sub Judice Latin: under judicial consideration.
6. Stare Decisis Latin: stay with what has been decided.
7. Res Judicata Latin: already subject to judicial determination.
8. Quo Warranto Latin: legal procedure taken to stop a person or organization from doing
something for which it may not have the legal authority, by demanding to know by what right
they exercise the controversial authority.
9. Quorum The minimum number of voting members that must be in attendance at a meeting of
an organization for that meeting to be regularly constituted.
10. Quid Pro Quo Latin: something for something.
11. Quantum Meruit Latin: as much as is deserved.
12. Prima Facie (Latin) A legal presumption which means on the face of it or at first sight.
13. Jus in rem : against the whole world
14. Jus in personam : against the specific person
15. Habeas Corpus Latin: a court petition which orders that a person being detained be produced
before a judge for a hearing to decide whether the detention is lawful.
16.Delegatus Non Potest Delegare Latin: a delegate cannot delegate.
17. Conensus ad idem : mutual understanding
18. Ab Initio Latin: from the start; from the beginning.
19. Bona Fide Latin: good faith
20. Ad valorem: according to value
21. Defacto: in fact
22. De jure: in law
23. De novo :a new
24. Ex parte: something done to a person not in the presence of his opponent
25. Intra vires: within powers
26. Ipso facto: by the mere fact
27. Locus standi: signifies a right to be heard
28. Mens rea: a guilty mind
29. Obiter dictum: An opinion of law not necessary to the decision
30.Ratio decidendi: reasons for deciding
31.Quid pro quo: something in return
32. Res judicata: A case or suit already decided
33. Status quo: existing condition

Indian Constitution
The Constitution of India was passed by the Constituent Assembly of India on November 26,
1949, and came into effect on January 26, 1950. It is the longest written constitution of any
independent nation in the world, containing 395 articles and 12 schedules, as well as numerous
amendments
The Constituent Assembly was the body that framed the constitution of India. The people of
India elected the members of the provincial assemblies, who in turn elected the constituent
assembly. Dr. Rajendra Prasad, Dr.B.R Ambedkar, Sardar Patel, Maulana Abul Kalam Azad and
Shyama Prasad Mukherjee were some important figures in the Assembly. There were more than
30 members of the scheduled classes.

Salient Features of the Constitution of India

(i) A written and lengthy constitution

(ii) Sovereign, socialist, secular, democratic, republic
(iii) Federal government
(iv) Parliamentary government
(v) Directive principles of state policy
(vi) Partly rigid and partly flexible
(vii) Single citizenship
(viii) Universal adult franchise
(ix) Independent judiciary
(x) One national language
(xi) Emergency provisions
Hierarchy of Courts

Supreme Court

The Indian Judicial System has the Supreme Court of India at its helm, which at present is
located only in the capital city of Delhi, without any benches in any part of the nation, and is
presided by the Chief Justice of India.

The largest bench of the Supreme Court of India is called the Constitution Bench.

The Appeals to this court are allowed from the High Court, only after the matter is deemed to be
important enough on the point of law or on the subject of the constitution of the nation.

A person or body may also file a Writ against the violation of Fundamental Rights granted under
the Constitution of India, with the permission of the apex court.

Jurisdiction of Supreme Court

Court of Record. Has power to punish for contempt. (A.129)

Original Jurisdiction. (A.131)
Highest Court of Appeal in the country. (A.132,133,134 & 136)
Writ jurisdiction.(A.32)
Advisory Jurisdiction.(A.143)
Law declared by the Supreme Court binding on all Courts in India.(A.141)

High Court
Every State has a High Court, which works under the direct guidance and supervision of the
Supreme Court of India, and is the uppermost court in that state, and generally the last court of
regular appeals.
For the purpose of disposal of its business, the Judges in the High Court, either sit singly or in

benches of two or more judges in benches for deciding more important matters.

Jurisdiction of High Court

Court of Record. Has power to punish for contempt. (A.215)

Original Jurisdiction in civil and criminal matters in the case of some High Courts.

Appellate jurisdiction in respect of criminal and civil cases decided by Subordinate courts.

Revisional Jurisdiction conferred under the Civil Procedure Code and Criminal Procedure Code.

Writ jurisdiction.(A.226)

Administrative Jurisdiction over subordinate courts

Separation of Powers

Three organs of government

- Legislative – Making laws

- Executive – Enforcing laws

- Judiciary – Interpreting laws and resolving disputes

Same person should not form part of more than one of the three organs of government.

One organ of the government not to interfere with any other organ of the government.

One organ of the government not to exercise the function assigned to any other organ of the
government.

Common law is generally uncodified. This means that there is no comprehensive compilation of

legal rules and statutes. it is largely based on precedent, meaning the judicial decisions that have
already been made in similar cases.

Civil Law, in contrast, is codified. Countries with civil law systems have comprehensive,
continuously updated legal codes that specify all matters capable of being brought before a court,
the applicable procedure, and the appropriate punishment for each offense. 
Procedural law consists of the set of rules that govern the proceedings of the court in criminal
lawsuits as well as civil and administrative proceedings. The court needs to conform to the
standards setup by procedural law, while during the proceedings. These rules ensure fair practice
and consistency in the "due process".

Substantive law is a statutory law that deals with the legal relationship between people or the
people and the state. Therefore, substantive law defines the rights and duties of the people, but
procedural law lays down the rules with the help of which they are enforced.