Unit-3

Introduction and Basic

Information about Legal System
Sources of Law
Enacted Law (Acts of Parliament)
Court Structure
Common Law or Case Law
Principles Taken from Decisions of Judges
Constitute Binding Legal Rules
The Court System in India
Court System in Other Countries
(Comparison)
Arbitration
Contract Law
Tort
Law at the Workplace
Sources of Law:-
Sources of Law are the origins or bases from which laws come.
In India, there are different sources that shape the laws
followed in the country. These include:

1. The Constitution:
- The Constitution is the highest law in India. It sets out the
basic rights of citizens and the structure of the government.
All other laws must agree with the Constitution.
2. Legislation (Enacted Laws):
- Legislation refers to laws that are officially written and
passed by the Parliament or state legislatures. These are
called “Acts.” For example, the Right to Education Act was
passed by Parliament to make education a right for all
children.
3. Judicial Decisions (Case Law):
- When judges make decisions in important cases, those
decisions can set an example for similar cases in the future.
This is called “case law,” and it helps guide future decisions in
courts.
4. Customary Law:
- Some laws are based on customs or traditions that people
have followed for a long time. These are called “customary
laws,” especially common in matters related to family and
marriage.
5. International Law:
- International laws are agreements between countries. India
follows certain international laws that it has agreed to,
especially for human rights and trade.
Enacted Law (Acts of Parliament):-
Enacted Law refers to laws that are officially written,
debated, and passed by a law-making body like the
Parliament. When Parliament passes a law, it becomes
primary legislation or an Act. These laws are the main rules
people have to follow and cover various areas like education,
health, environment, and safety.

Key Points about Enacted Law:

- Enacted laws are written down and recorded, so everyone
knows the rules.
- They are passed by the Parliament at the national level or by
state legislatures for state matters.
- Examples include the Indian Penal Code (IPC) for criminal
laws and the Right to Information Act for transparency.

Acts of Parliament are laws created at the highest level of the

country’s law-making system, so they apply across the
country.
Court Structure:-
The Court Structure in India is a system of different levels of
courts, each handling cases of varying importance. The
structure starts with lower courts and goes up to the highest
court in the country. Here’s the basic structure:

1. Supreme Court:
- The Supreme Court is the highest court in India. It handles
important cases, interprets the Constitution, and hears
appeals from lower courts. Its decisions are final.
2. High Courts:
- Each state has its own High Court. High Courts hear appeals
from lower courts in the state and also handle important
cases directly.
3. Subordinate Courts:
- Below the High Courts are the Subordinate Courts. These
include:
- District Courts: They handle major civil and criminal cases
at the district level.
.- Family Courts:These deal with family matters like marriage
and divorce.
- Other Lower Courts: Include courts for minor civil disputes
and small criminal cases.

Summary:-

- Sources of Law: These include the Constitution, legislation

(enacted laws), judicial decisions, customary laws, and
international laws.

- Enacted Law (Acts of Parliament): Laws officially passed by

Parliament, known as Acts, form the main rules in the country
and cover a wide range of issues.

- Court Structure: The Indian court system is structured with

the Supreme Court at the top, followed by High Courts in each
state, and then Subordinate Courts at the district level.
 Principles Taken from Decisions of Judges
Constitute Binding Legal Rules:-
When judges make decisions in important cases, the reasoning
they use becomes a principle or rule that other courts are
expected to follow. These principles are called binding legal
rules because lower courts must follow them. This helps
ensure that similar cases have similar outcomes, which keeps
the legal system fair and predictable.

Key Points about Binding Legal Rules:

- A principle from a judge’s decision can become a rule that all
lower courts must follow.
- These principles help guide future cases and keep the law
consistent.
- This process is called precedent, which means using past
decisions as examples for new cases.

For example, if the Supreme Court makes a decision in a case,

all other courts in the country need to follow the principle
established by the Supreme Court in similar cases.

Common Law or Case Law:-

Common Law, also called Case Law, is a system of law based
on decisions made by judges in previous cases. Instead of just
following written laws made by the Parliament, Common Law
uses the decisions from past court cases as a guide for judging
new cases. This means that if a judge in the past made a
decision in a similar situation, that decision can be used as a
rule in future cases.
Key Points about Common Law or Case Law:
- It is created by judges through their decisions in court.
- Common law is especially useful for situations where there is
no written law that covers a specific issue.
- Judges look at past cases with similar situations to decide
what should happen in the current case.

For example, if a judge ruled that a certain action was illegal

in the past, other judges might use that decision as a rule for
future cases.

Summary:-
- Common Law or Case Law: A system of law based on past
decisions made by judges. It helps guide future cases when
there isn’t a written law.
- Binding Legal Rules: Principles or rules from important court
decisions that must be followed by other courts. This ensures
that similar cases have similar judgments, keeping the law
fair.
The Court System in India:-
India’s court system is structured with different levels of
courts, each handling specific types of cases. The system goes
from lower courts, which handle more common cases, up to
the Supreme Court, which is the highest court in the country.

1. District Court:-
- What It Does: District Courts are the main courts at the
district level. They handle both civil cases (like property
disputes) and criminal cases (like theft or assault).
- Where It Fits: These courts are the primary courts for each
district in a state, so they’re often the first place people go for
legal issues in their local area.
- Appeals: If people are unhappy with the decision of a
District Court, they can appeal to a higher court, like the High
Court.
2. District Consumer Forum:-
- What It Does: This forum (a type of court) deals specifically
with cases related to consumer issues. For example, if
someone bought a defective product or received poor service,
they can complain here.
- Where It Fits: The District Consumer Forum is focused on
protecting consumer rights. It ensures people get fair
treatment when they buy products or services.
- Appeals: Decisions made here can be appealed in higher
consumer courts, like the State Consumer Dispute Redressal
Commission.
3. Tribunals
- What They Do: Tribunals are special courts set up to handle
specific issues, like tax disputes, labor issues, or
environmental concerns.
- Where They Fit: Tribunals are separate from regular courts
and are created to deal with complex or specialized areas of
law, which helps speed up the resolution of these cases.
- Examples: Some popular tribunals include the National
Green Tribunal (for environmental cases) and the Income Tax
Appellate Tribunal (for tax cases).
4. High Courts
- What They Do: Each state in India has a High Court. High
Courts handle serious cases and appeals from lower courts in
 their state.
- Where They Fit: High Courts are the highest courts at the
state level. They have the power to hear both civil and
criminal cases and supervise the work of all lower courts in
the state.
- Appeals: Decisions made in High Courts can be appealed to
the Supreme Court.
5. Supreme Court:-
- What It Does: The Supreme Court is the highest court in
India. It can hear any case from anywhere in the country, and
its decisions are final.
- Where It Fits: It is the top court and has the power to hear
appeals from High Courts and some special cases directly. It
also makes sure that the government follows the Constitution
and protects citizens’ rights.
- Power of Judicial Review: The Supreme Court can review
laws to ensure they align with the Constitution, making sure
they don’t violate people’s rights.
Court System in Other Countries
(Comparison):-
Most countries have a similar multi-level court system, though
there can be differences in structure and names. Here’s a
quick comparison:

- United States: Like India, the U.S. has District Courts (trial
courts), Courts of Appeal (similar to High Courts), and the
Supreme Court (the highest court). They also have Federal
Courts for cases that involve federal laws or the Constitution.
-United Kingdom: The U.K. has Magistrates’ Courts (similar to
District Courts) for minor cases, Crown Courts for serious
cases, and the Supreme Court at the top.
- Australia: Australia has Local Courts for minor cases, District
Courts for serious issues, State Supreme Courts, and a High
Court of Australia for final appeals.

Summary:-
- District Court: Handles general civil and criminal cases in
each district.
- District Consumer Forum: Deals with consumer rights issues,
like faulty products or poor services.
- Tribunals: Special courts for specific issues (e.g., tax,
environment).
- High Court: The highest court at the state level, hearing
appeals from lower courts.
- Supreme Court: The top court in India, with the power to
make final decisions and protect the Constitution.
Arbitration:-
Arbitration is a method used to solve disputes (disagreements
or conflicts) without going to a regular court. It’s a way for two
parties (like two companies or two people) who are having a
disagreement to agree on an alternative solution. Instead of
going to court, they agree to let an independent person, called
an arbitrator, listen to their problem and make a final
decision.

Key Points about Arbitration:

1. Alternative to Court: Arbitration is an option that people
can choose instead of taking their problem to a regular court.
2. Agreement to Arbitrate: For arbitration to happen, both
sides need to agree to it. This often happens when both sides
want a faster, simpler, and private solution to their problem.

3. Role of the Arbitrator: The arbitrator listens to both sides of

the dispute, examines any evidence, and then makes a
decision. The arbitrator is like a private judge but not part of
the regular court system.

4. Binding Decision: In many cases, the arbitrator’s decision is

binding, meaning both parties must follow it just like they
would a court order.

Example of Arbitration:
Imagine two businesses disagree over the terms of a contract.
Instead of taking each other to court, which can be time-
consuming and costly, they agree to let an arbitrator decide.
The arbitrator listens to both sides and then gives a decision
that both businesses have agreed to accept.

Why Choose Arbitration?

- Saves Time and Money: Arbitration is usually faster and less

expensive than a full court case.
- Privacy: Unlike court cases, which are often public,
arbitration is usually private.
- Less Formal: Arbitration doesn’t follow all the strict rules of a
courtroom, making it simpler and less intimidating.
Summary
Arbitration is an alternative way to resolve disputes outside
of court. The parties in conflict agree to let an arbitrator make
a decision, which they usually must follow. Arbitration is
chosen because it’s faster, private, and less formal than going
to court.

Contract Law:-
Contract Law deals with the rules and laws around agreements
between people or businesses. A contract is an agreement
between two or more people that creates responsibilities for
each side.

Key Points about Contract Law::-

1. Agreement: Two or more people or companies agree to do
something in exchange for something else. For example, if you
promise to pay someone to paint your house, that’s a contract.
2. Legally Binding: Contracts are legally binding, which means
if one side doesn’t do what they promised, the other side can
take them to court.
3. Common Examples: Buying a car, signing a lease for an
apartment, or getting a job often involve contracts.

Tort:-
Tort law deals with wrongs or injuries that one person does to
another, either on purpose or by accident. Torts are not
criminal acts (like theft), but they still cause harm, and the
injured person can ask for compensation (money) from the
person who caused the harm.
Key Points about Tort:
1. Civil Wrong: A tort is a civil wrong, meaning it’s not a crime
but can still harm someone, and the person harmed can sue for
damages.

2. Examples: Some common torts include negligence (like a

doctor making a mistake that hurts a patient), defamation
(damaging someone’s reputation), or trespassing (entering
someone’s property without permission).

3. Purpose: The main goal of tort law is to make the injured

person “whole” again by getting compensation for their harm.

Law at the Workplace:-

Law at the Workplace includes rules and laws that protect
employees (workers) and their rights. These laws make sure
that workplaces are safe, fair, and free from discrimination.

Key Points about Law at the Workplace:

1. Worker Rights: Laws protect workers’ rights to fair wages,
reasonable working hours, and safe working conditions.

2. Protection from Discrimination: Workplace laws ensure that

people are treated fairly and are not discriminated against
based on race, gender, religion, or other factors.

3. Examples of Workplace Laws: Minimum wage laws make sure

workers get paid fairly. Health and safety regulations ensure
that the workplace is safe, and anti-discrimination laws
protect workers from being treated unfairly.
Summary:-

- Contract Law: Rules about agreements between people or

companies. Contracts are legally binding.

- Tort: Deals with harm done to a person by another person,

like negligence or defamation. The injured person can ask for
compensation.

- Law at the Workplace: Protects workers' rights, ensures safe

working conditions, and prevents discrimination in the
workplace.