LLB Paper Code: 101
Subject: Legal Method L4 C4
Objective: This paper focuses on orientation of students to legal studies from the point of view of
basic concepts of law and legal system.
Unit – I: Meaning and Classification of Laws (Lectures– 10)
a. Meaning and definition
b. Functions of law?
c. Classification of laws:
i. Public and Private Law
ii. Substantive and Procedural Law
iii. Municipal and International Law
Unit – II: Sources of Law (Lectures– 09)
a. Custom
b. Precedent
c. Legislation
Unit – III: Basic Concepts of Indian Legal System (Lectures– 10)
a. Common Law
b. Constitution as the Basic Law
c. Rule of Law
d. Separation of Powers
e. Judicial system in India
Unit – IV: Legal Writing and Research (Lectures – 10)
a. Legal materials – Case law
b. Statutes, Reports, Journals, Manuals, Digests etc.
c. Importance of legal research
d. Techniques of Legal Research
e. Legal writings and citations
, Subject: Legal Method
Paper Code: 101
Unit-I: Meaning and Classification of Law
(a)Meaning and Definition of law
Law is a term which does not have a universally accepted definition, but one definition is that
law is a system of rules and guidelines which are enforced through social institutions to govern
behavior. Laws are made by governments, specifically by their legislatures. The formation of
laws themselves may be influenced by a constitution (written or unwritten) and the rights
encoded therein. The law shapes politics, economics and society in countless ways and serves as
a social mediator of relations between people.
A general distinction can be made between civil law jurisdictions (including Canon and Socialist
law), in which the legislature or other central body codifies and consolidates their laws, and
common law systems, where judge-made binding precedents are accepted. Historically, religious
laws played a significant role even in settling of secular matters, which is still the case in some
countries, particularly Islamic.
The adjudication of the law is generally divided into two main areas. Criminal law deals with
conduct that is considered harmful to social order and in which the guilty party may be
imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with
the resolution of lawsuits (disputes) between individuals or organizations. These resolutions seek
to provide a legal remedy (often monetary damages) to the winning litigant.
Under civil law, the following specialties, among others, exist: Contract law regulates everything
from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer
and title of personal property and real property. Trust law applies to assets held for investment
and financial security. Tort law allows claims for compensation if a person's property is harmed.
Constitutional law provides a framework for the creation of law, the protection of human rights
and the election of political representatives. Administrative law is used to review the decisions of
government agencies. International law governs affairs between sovereign states in activities
ranging from trade to military action.
,To implement and enforce the law and provide services to the public by public servants, a
government's bureaucracy, the military and police are vital. While all these organs of the state
are creatures created and bound by law, an independent legal profession and a vibrant civil
society inform and support their progress.
Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis
and sociology. Law also raises important and complex issues concerning equality, fairness, and
justice. All are equal before the law. The author Anatole France said in 1894, "In its majestic
equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal
loaves of bread." Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law
is better than the rule of any individual." Mikhail Bakunin said: "All law has for its object to
confirm and exalt into a system the exploitation of the workers by a ruling class". said "more
law, less justice". Marxist doctrine asserts that law will not be required once the state has
withered away.
(b) Functions of Law
1. Outlines what people can and cannot do
2. Protects public order (Criminal Law)
3. To resolve disputes between people (Civil Law)
4. Protects certainty of systems
5. Outlines what the government can do and what it cannot do
6. Helps to protect us a keep people safe
The law is the body of rules imposed by a State upon its members which is designed to regulate
human conduct within that State. The courts interpret these rules of conduct, decide whether they
have been broken and pass sentence or make an award of compensation. A certain standard of
behavior is thereby maintained amongst the members of the State in the interest of the common
good.
(c) Classification of Law
(i) Procedural Law and Substantive Law
Procedural law comprises 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. The differences
between the two need to be studied in greater detail, for better understanding.
Procedural Law Substantive Law
Structure: Elaborates on the steps which the Deals with the structure and
case passes through facts of the case
Enforcement: Creates the machinery for the Defines the rights and duties of
enforcement of law citizens
Powers: No independent powers Independent powers to decide the
fate of a case
Application: Can be applied in non legal Cannot be applied in non legal
contexts contexts
Differences in Structure and Content
In order to understand the differences between the structure and content of substantative and
procedural law, let's use an example. If a person is accused and undergoing a trial, substantive
law prescribes the punishment that the under-trial will face if convicted. Substantative law also
defines the types of crimes and the severity depending upon factors such as whether the person is
a repeat offender, whether it is a hate crime, whether it was self-defense etc. It also defines the
responsibilities and rights of the accused.
Procedural law, on the other hand provides the state with the machinery to enforce the
substantive laws on the people. Procedural law comprises the rules by which a court hears and
determines what happens in civil or criminal proceedings. Procedural law deals with the method
and means by which substantive law is made and administered. In other words, substantive law
deals with the substance of the case, how the charges are to be handled and how the facts are to
be dealt with; while procedural law will give a step by step action plan on how the case is
supposed to proceed in order to achieve the desired goals. Therefore its procedural law that helps
decides whether the case requires trial or otherwise.
Powers of substantive vs. procedural laws
Subject: Legal Method L4 C4
Objective: This paper focuses on orientation of students to legal studies from the point of view of
basic concepts of law and legal system.
Unit – I: Meaning and Classification of Laws (Lectures– 10)
a. Meaning and definition
b. Functions of law?
c. Classification of laws:
i. Public and Private Law
ii. Substantive and Procedural Law
iii. Municipal and International Law
Unit – II: Sources of Law (Lectures– 09)
a. Custom
b. Precedent
c. Legislation
Unit – III: Basic Concepts of Indian Legal System (Lectures– 10)
a. Common Law
b. Constitution as the Basic Law
c. Rule of Law
d. Separation of Powers
e. Judicial system in India
Unit – IV: Legal Writing and Research (Lectures – 10)
a. Legal materials – Case law
b. Statutes, Reports, Journals, Manuals, Digests etc.
c. Importance of legal research
d. Techniques of Legal Research
e. Legal writings and citations
, Subject: Legal Method
Paper Code: 101
Unit-I: Meaning and Classification of Law
(a)Meaning and Definition of law
Law is a term which does not have a universally accepted definition, but one definition is that
law is a system of rules and guidelines which are enforced through social institutions to govern
behavior. Laws are made by governments, specifically by their legislatures. The formation of
laws themselves may be influenced by a constitution (written or unwritten) and the rights
encoded therein. The law shapes politics, economics and society in countless ways and serves as
a social mediator of relations between people.
A general distinction can be made between civil law jurisdictions (including Canon and Socialist
law), in which the legislature or other central body codifies and consolidates their laws, and
common law systems, where judge-made binding precedents are accepted. Historically, religious
laws played a significant role even in settling of secular matters, which is still the case in some
countries, particularly Islamic.
The adjudication of the law is generally divided into two main areas. Criminal law deals with
conduct that is considered harmful to social order and in which the guilty party may be
imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with
the resolution of lawsuits (disputes) between individuals or organizations. These resolutions seek
to provide a legal remedy (often monetary damages) to the winning litigant.
Under civil law, the following specialties, among others, exist: Contract law regulates everything
from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer
and title of personal property and real property. Trust law applies to assets held for investment
and financial security. Tort law allows claims for compensation if a person's property is harmed.
Constitutional law provides a framework for the creation of law, the protection of human rights
and the election of political representatives. Administrative law is used to review the decisions of
government agencies. International law governs affairs between sovereign states in activities
ranging from trade to military action.
,To implement and enforce the law and provide services to the public by public servants, a
government's bureaucracy, the military and police are vital. While all these organs of the state
are creatures created and bound by law, an independent legal profession and a vibrant civil
society inform and support their progress.
Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis
and sociology. Law also raises important and complex issues concerning equality, fairness, and
justice. All are equal before the law. The author Anatole France said in 1894, "In its majestic
equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal
loaves of bread." Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law
is better than the rule of any individual." Mikhail Bakunin said: "All law has for its object to
confirm and exalt into a system the exploitation of the workers by a ruling class". said "more
law, less justice". Marxist doctrine asserts that law will not be required once the state has
withered away.
(b) Functions of Law
1. Outlines what people can and cannot do
2. Protects public order (Criminal Law)
3. To resolve disputes between people (Civil Law)
4. Protects certainty of systems
5. Outlines what the government can do and what it cannot do
6. Helps to protect us a keep people safe
The law is the body of rules imposed by a State upon its members which is designed to regulate
human conduct within that State. The courts interpret these rules of conduct, decide whether they
have been broken and pass sentence or make an award of compensation. A certain standard of
behavior is thereby maintained amongst the members of the State in the interest of the common
good.
(c) Classification of Law
(i) Procedural Law and Substantive Law
Procedural law comprises 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. The differences
between the two need to be studied in greater detail, for better understanding.
Procedural Law Substantive Law
Structure: Elaborates on the steps which the Deals with the structure and
case passes through facts of the case
Enforcement: Creates the machinery for the Defines the rights and duties of
enforcement of law citizens
Powers: No independent powers Independent powers to decide the
fate of a case
Application: Can be applied in non legal Cannot be applied in non legal
contexts contexts
Differences in Structure and Content
In order to understand the differences between the structure and content of substantative and
procedural law, let's use an example. If a person is accused and undergoing a trial, substantive
law prescribes the punishment that the under-trial will face if convicted. Substantative law also
defines the types of crimes and the severity depending upon factors such as whether the person is
a repeat offender, whether it is a hate crime, whether it was self-defense etc. It also defines the
responsibilities and rights of the accused.
Procedural law, on the other hand provides the state with the machinery to enforce the
substantive laws on the people. Procedural law comprises the rules by which a court hears and
determines what happens in civil or criminal proceedings. Procedural law deals with the method
and means by which substantive law is made and administered. In other words, substantive law
deals with the substance of the case, how the charges are to be handled and how the facts are to
be dealt with; while procedural law will give a step by step action plan on how the case is
supposed to proceed in order to achieve the desired goals. Therefore its procedural law that helps
decides whether the case requires trial or otherwise.
Powers of substantive vs. procedural laws
