Module-I

2! Legal Concepts!
Bodenheineîy defined lega!
legal Concepts
Concepts a3 cogneng
tools of judic iad reasoning and ort of doing
justice according to lao.
A) Tustice!
JUstice has ifferent meaning í law.
A perrSon obo holds the chair of judge
IO the apee couTt, High court, and sup
eme referre d aSTuS+ice
Justice is one of the Function and purpose
of law. Justice is what law wan+s to
acbieve through the leqad proce sgs. Tustice
is a goal of lauo. The concep+ of justice
to mlity.
is similers to
justice demands equo cnd fair treatmert
to all cohen all are standing on Same
footing.
kinds of ustice !
i) Distributive Justice The falr dis tribution of
Socal benefits and Sociad burdern. Each shodd
Count for one and no one for more than ne.
Riaht to one Vote to evevyone and the Same
Value of ench Vote. paying the toæes accordnis
qovevnment
to the income of each to the
Soad burdern. Distributive justice Serves
to SecuYe bolanc e among the members
of Society.
13) C ective Tus+ice
Corrective justice Came jnto Picture when
Aistributive justice disturbed by any 0me
or the mgbts of the bim.
person infringed
OY injumy Caused to
B) Bar and Benchi
Borr Meuns particelar port of corr
mom cohere lawyers sit.
Bench maans judge ho cre sitting on dice
for giving justice to Hhe public. Numbey of
judqes n bench are always odd number.
There is Cordinol elakonship betuoeen cdvoakes ¢
Tudes. The Ber Bench plaus an importoant
mole in the admin istratiye of justíce. The
judes admioistes the lau) coith he assstence
of
Of the advocates Mutual mespect S necesSary
this relationship.
c) Duty!
A duty is an a t Created by the law
cohich
that
one ought to do, failing in doing
UOld be a hong, when a person
ander duty does Not perform it, would be
held esponsible for the harm Caused due
to his non- performance of deety.
Duties or moral. Duty 1sis
may be legal oY
moral when non- pexformance of tt attroct
no punishment cf cohatsoevey, Brench of
|eng oal decty may punish the person.
kind of Duty'
2 positive aod Negotive duty !
To do Something is a positive duty and not
to do is a negtive duty, Maio tain the law
and order is aa Pasttive duty of State CPolice)
and n0+ to in terfere with anyone's peaceful
possess iorn/ownorship_is a negabive duby of he'
a

COoTld at ae.
2Primary and Secondaony duties '
A priamy duty /s one cohch eeits per se and
in de pendently of any other duty. Aduby to
forbeoY from Causing personal tojury to anothen
is a primorry duty, ohere e person failed in
his imery duty, then he bas to perfoo bis
Geondory duty, ohich mean to pay damages
o a person to cobom he burt r Inlured.
Secondory duty is also knouun os Sanctioning

9Absolute and melative duties!

Absolut e duty is Ooned only to the State, he
breach of which is qenerally called a erime
and the memedy is puoishment. Relakie duby
Ome Owed to any person ther than one who
is imposing them, the breach of wbrch 's
Called a cinl injury and memedy i's Compan
Jation, Not to toke ainybody 9oods Ctheff) not
to kil1 ony one (mñrder) etc. cme absolute
decty Cohereas not to Creabe nus ance,
Dot to disturb ony one_peACeful posse ssion
(tres pass to lcnd) etc are melative detieg.
 Rights
Right is an ioterest of an inivi dial
oup or society acoepted y the
Socety aceepted
through Certoin socol and lega Sociehy
Tt imposed cetcin duties on those who Syshern.
supposed to mespeet such interegt nf
Hhege individul, qoup Y r Sociehy Riahds
Cre Conceyned coith intereSts that
Dp teeted by the ules Of lo Crre
can be legal or moral. Morl rights The riahk
ae
Ure
those interests roteeted by the rule ol
morality, Violation of Such moral nçht wt
give Couge to morc! wmong. Respedhing
Such morol ights are moral dutier of
indivi dual Society
kinds of mights.
D perfeet and impexfect rights :
perfectrights cme those Tiqhts which coes
pond to a per fect duty. perfect duty
not only mecognized by law but enforced
clso. hn Imporfect might is re(ognized by
the low for CertoO PUTpOse, but thi's
kinds of riqht ave incapahle of legal
enfor ceable, Time boyed debt is on e%emp
of imperfeck oight
2
) positive and Neqative ights
Qositie dutyand
Positive ightCoYres pond negative duy
Negative ight CoYrespond posi+ive duty
1he momisoY
isoY is under
 under the pmomi ss ory note to mepy tht
am ount t the due date. person posses a
negative might againgt the enire word au
Hhe enre word is under duty not to
defame any 0ne.
8) Right in rem and ight in pers onam
A oight in remis availoble agoinst the rld
Ct lorrqe cuhemeas the miaht in personam
available only agoinst porrticwoar persor.
he term right io mem derived fom Roman
term laction in rem.it cOCs the action f r
the me covery of domiaitig. Later this Cume
to be Colled as mght in rem. This is also
Called a Imead ight' s it rovides ights over
or thing cobich thus becomes meal.
-Right in personam is also Called pemsone! mght.
mis ight is ovilable. against a peson, Aaigh
personamn comespond a deby to Inpose upon
determinate person.
4) prroprietary cnd personc) nights
propietomy oiahts cme thase ohich have an ecoo
mic significance, for eRample, iaht of cunership
ond posseuion ete. personc ghts Constifute'
his status oY
or personal Conditio , s cupposed
to his estate Noh to infringe Copyright,
trade mork,is a ropietery
obligtion ond no+ harm anyone's reputa
tion is a persono obligotion.
 re mopria
and r
ond
5) Righ ín Te
Riaht in re
ight in me olieno
opría neans Tight Over
Onels Oun proper ty and rght io re coliena
mearns might vex +he operty of another
Right in re aliena lso known as
encumbrance.

6) principalond accessory ights!

principed right is a primory right vested
person cohereas acce ssory ohts
are Seeon dorry ights, which cre coImeckad
to or out of the mincipod right.
mse

) Leyal and eaquitoable rights:

Leg o! rights are those ight tbich are
recognized by the coce rts. A lega right
One cohich 92e'ss under the law, An
equ'tble rght Is one which ebeists cunder the
supplement of equtty. Equwty isa comechive
iofluence on lqw.
8) Vested and Contingent rights
A vested ight creotes o iopediate interest
Caubeeas a Coningent night does not Create
an imnnediate ihterert and it (an be defeatea
cahen the regeired facks hove not occured
chich ts Contigent cpon the hap
h
pening of Some event.
9) public and pivete
A riglt vested io theights?
s tate i's Called a Dublic
menber
right an d Ik 15 Possessed by every mem.
 of the public. A privake nigkt, on the ofher
hand, is cohcened only with private indivi
dued.

6) Wqong
Nrong is a violatjo0, by one individua, of noher
individul's legal rights. The riyhts are e
Jnterest of person in Somethiog cnd therefore
cUhenever that interest is damayed, it is Said
thot person has Comnmited Nong.
Rights or interegt of person yioleted 'deibera -
tely i,e. coith ntention end negliqently i.e.
coithout intention. An both he Cases Violoator
dormaged he intevest of person therekone
called Such aets

kinds of won9
) civil WTong' Civil Yong ame also calle d as
privete wrongs. violabíon of privete or public
rights ohich affect Cased iojury, ha m or
loss to the Person is civil
wtong
Wonas arise out of tors, beach of Contrac
breach of trust ome civil wmong.
Damoges Compensation, injunction ,Specific reeti
tution ete. re the memedies for cvil wDna,
) Csiminad wrong! Crimina! wrongs are clso
Knoun as I cTime! 'o Sfence' in n die,
The Indian pena Code and some other
penal sdatutes ovides the differ ent kinds
 The state epresents The ase of he
in Criminal cot through Hrough public prosecut:
The remedies io crimina wrongs
ame
punishmends in
death, fine and
noture of Imprisonment,
Compensation to the vicio,.
Criminad wong always Committed
i.e. guilty miod and cwihout tosth mens
eeeeptions. any
F Reme dies!
Reme dy may be defined to be the riaht o
action, or the means glveo by law, foy the
Tecovey or ssertion of rghts. Right
withot memedy is of no use vey
ight associated ewith Temedy, wheneveY
might is violated , the person Can Strive
to Te- establish hi's might cand also to
reeover damayes for he loss he sufered
hot hece SSary atua! loss. ttherefore the
law pmvides two kinds of remed'es
he, pudicicl and Eetra- Tudical renedes.
FactS
Seotlon 3 of the îndion evidernce Act,
1842 defines he faots, 'Fc' means and

1)i) anything, stote of thinas, or perceived

relation
of things, Copeble of
by the SenseS;
n) isanyConsciouS. cohich perso,
moheol ontion of any
 The faets can be tuoo types for section S,
Sget erna which Can be Senged by his eyes,
what he Saw. Eors, ohat he heard; tonque,
ohat he tastes; words, what he said; nose,
ohat he Smells, certain object omanged in
Cerr touo oTder.
înternel feucts re opinion of the person)
his intentlon etc. Faets Can be physicad
of psychological also, such as person's repu
tation.
H) Turisdiction!
'Tris dictíon' me0ns an authority to deocjde.
pocaseN or authoTity of a court to
bear ond determine a cause, to adjudícete
and ercise anyjdicial pouwer in nelation
to it, Turisdictton esepresss and impliedy
novides both positive and negcetive pouer
to the Courts

kinds of Juxisdíetions!
) Territoriad urís diction: it Con adso Cal
as qeographicol imits of the Court. Every
CoUrt has its own local and territoriol (imt
beyond coh ich it Cannot eercise itsjudicious
pouoerr This l'omit is fiæed by goverpment.
Teritor icd tionits of the Dist rict judge win be
entire is trict
tr
di'strict.
 pecuniary Jurisdiction: The
The peeuniary gurnis
diction is jurisdiction based on the
Of the Suct in terms of money, Hiyh vedueCoun
n d District court have no
iUrisiction an d they Can frypecuniary l Suite
- Civil Judge Junior Division (CTJD) 'up to
-Civil qudae 1o akh
Senior Divisiorn (cJSD): above Lo loth
The cinina coyts have n0
and below ! crore.
pecuniary Jurisdi cHion.
9) Turisdiction as to Subje ct
biÇferent cont and different maf-er:
tribunals haVe
empowered
types of
and set ap to decide dikferent
are ...aod therekore they
precluded fom entertaining the otber
Cases which is not their Subiect matter.
This is called Jurns dickiorn as to
mattes, Subject
4) originod furisdi cHon: orialnal Qurisdichioo means
jurisdiction
a court of inherent in, 0Y Confemed upon,
Cirst instance.
Original jurisdiction
simply means whore a iti
gant shoutd abpro oche Airst. A!All COuY ht Gercise
original
All the
fumisdichion.
Subordinete Courts, High
Supreme Court, al! trbunls and cants ad
judicial bodies quasi
diction. eRercise oriqinol juns
5 Appellete Juris diction! Aooellate juisdictíon
is Ahe ouer or authority Con feed wpon
Buperior CoUrrt to ehear the Case already
decided by the loweN cOur t On the qmund
of Some illegauity, foc ts and other, awhile
eEeTCise the cppellote jurisdiction, the
cCuppellcte court Can geheor the aseg
already deeided by wcy of appeal,
mevision etc, However the court of Magi
Strate, JD, Sma Cuse's CouTt and
many other Corts have no appellate
Jurisciction.
I) OFf ence!
An offence is wYongfut act punishable by
|aw. 1t is olso a public wronq, An aet
barmfut not only to some individud, but
also to the conmunity or the Stete is
Colled as public Wrong, Such Ccts ame
ferbidden and punishable by lqw.
The oefence Should be written and codified..
în lauw a person oho Commis an ootfen ce
is Called I offen der
cJassification of offences!
I))oilable cnd non-bailable: AccoDding to
Section 2 Ca) of the Copc lbailable offence'
means an offence whieh is shown as baile
ble in First Schedule of the Code.
In bail oble o ffenceS, baul is a right of
the person amd deuty of the police and
 Pagc

CouT t to meleose he personOn

Sotis fae+ion of beul bond
Aceording to Section 2 (a) of the CDe
Non biloble Offence! ny othermenS
OfAence ohich is not showon bailabto
in first schede of the code.
în non beilable offenCes, ba'l does Dl
meman as a mattex of Tight but
is oretion of the court.
2) Coqniaable and Non- Coqnizable:
Acoording to Seotion 2c) Cognizable offeng
menS OAfence fay cohich lCognizable
Case! ons a Cese io which, a police
OficeN moy, io accordonce cuith the Sirst
Schede or under cny other law for the
time being io force; amest aoithout
am aot an Cognizable oFAences the police
OAfiCe need to ri¡Y permission of any
authority and he Con amegt the Clmt
and investigate the mattey furthe în
Coynizable Offences, it is the reponsibility
oA the state to bng the osfender to
justice.
Hecor ding to sea4ion 2 ci) Mo0-Coghizable
OAhencR mens an Offence for cohich, and
non Cogni2ble ca se s' means a Case 1)
Cwhich a police OFRicey has no authority
to are9+ without coomant.
Most of the non- Cognizable offences are
MoSh
boi leble and Cogniaable are non beilabe
T) BarlL: In generod, an jodividuad acesed
of a Crime mus+ be beld in the custody
of the courf centil his guilt
qul! or innocence
is deteY mined. Houwe ver, the court has he
option of releasing the individuad before
his 9ult Finally roved, this i5 Called bail.
The Co de of Criminal procere,
1943 bave rovíde . the pro ced ure of bil
unde Section 436,. 434 y32 and 439 and
thereby oide the pouweY Of
of bail to the
police, Megistrate ofAirst cloa ss, Session
Court and High Court,The Code rpvides
too einds of bail. Requdor bail.u/ sec. y36,
434 nd 38 ad anticipatoty bail ul
Sec 439.
Regular bail!
cohen a person has ad ready been amrested
and.kept in polfce or Judicial custody,
by aoplicatlon under Section 436, 434 to
the police or Mayis+rete of Eirst class
and under Sec+ion 439 to the Session Coy4
or High Court, a perSoN Can Seek aa bail,
.This is Calle d Tegular bail. In Tequlor bail
a per son. has to convin ce the
court that
how his Custody is hot regured.
Aoticipatory beul ! A bail before an arest
is Called an t'cipa tory bail. Here , a person
prays the prote chion to bis libery as be
feels bis liberty can be curtailed by
 stete for Certaln hisTeaSOn ohenev
person pprehen d bis cmet in
OffenCe be Can
nizblR ORfernce in any Cog
Session Coppach
Seetion
uhy
438 0f the
his amest I3 not
under
Code, to Convinoe
Tequred
k) Pexson!" A Person is any being whom
the lcw emardg as Cnpable of
duties whether a human ri
beingghbs
Dot.
The 0rd l peN S0n' is deriVed from the
Latin wor d persona'.
persons ane of two kinds! Natumd an
om
Legal.
Daages
At Comngn law, damages are aa remedy in
the for m of a monetary
monetamy award to
be paid to a laimant as compensation
for losS. 0Y injury, To wamant the
uword, the cloimant must shaw that
a breach of duby has Caused fore
Seeoble loss. necognise d_at
To be involve
\aw, the loss must demage
to property, 0r men to or physical
loss_is rarely
injury; pure economic
Te co gnised for the award of damaye
 alsssste
Date

M Cormnpensation!
An amount given oY received as recompense
for a \oss r injumy Compengation is a
memedy available in many QutegorieS of
law.

N> Tial !
Toicl, Dn law, a judicial ereamination of
iss ues of fact on law for the purpose
of determining 4he Tiqhts
Tights of the pertieS
involved. AtoYneys for the_plouintiff and
the de Aen dan t make opening statements to
a judge or juy, then the attorney for
the plcintiff makes his Case by Calling
cuitnesses_, whom the defense attorne
mauy Coss ereamine
Tn a triad before a jury , he jud e
fns+ruets he jumy on the agplicoble laws,
and the sury metires to reach a verdid
14 the defendent is Aound guilty, the jdge
then handg down a sentence.