“Law Assignment”

Course instructor: Miss Aliya Saeed

Student name: Eman
Course: Introduction to law
Semester: 1
Department: law

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Functions of Law:

Definition:

Functions of law refer to the roles and purposes that laws serve within society, including
establishing order, resolving disputes, protecting individual rights, and promoting justice. 1

The functions of law ensure that societies operate in an organized and fair manner, providing
guidelines for behavior and mechanisms for addressing conflicts. For example, criminal laws
punish individuals who violate societal norms, while contract laws enforce agreements made
between parties.

Natural Law:

Definition:
Natural law is a theory that posits the existence of inherent moral principles and rights that are
inherent in nature and can be discovered through reason and conscience. 2

Natural law suggests that certain ethical standards are universal and timeless, applying to all
individuals regardless of culture or government. For instance, the right to life and liberty are
often considered inherent under natural law, guiding legal systems to protect these fundamental
rights.

Contract Law:

Definition:

1
Ehrenberg, K. M. (2016). The functions of law. Oxford University Press.

2
Schanker, D. R. (2001). Natural law. St. Martin’s Minotaur.

2
 Contract law governs agreements between parties, outlining the rights and obligations of each
party and providing remedies in case of breach of contract. 3

Contract law enables individuals and businesses to enter into legally binding agreements with
confidence, knowing that their rights will be protected and enforced by the legal system if
necessary. For example, when purchasing a house, a contract is drafted outlining the terms of the
sale, such as price, conditions, and timelines.

Property Law:

Definition:

Property law deals with the ownership, use, and transfer of real and personal property, including
land, buildings, goods, and intellectual property. 4

Property law establishes the legal framework for individuals and entities to possess, protect, and
transfer property rights. For instance, property law dictates the process for buying and selling
land, as well as the rules governing landlord-tenant relationships.

Environmental Law:

Definition:

Environmental law regulates human activities that impact the natural environment, aiming to
protect ecosystems, wildlife, and public health from pollution and degradation. 5

3
Chen-Wishart, M. (2022). Contract law. Oxford University Press.

4
Smith, R. J. (2020). Property law. Pearson.

5
Hughes, D., Jewell, T., Lowther, J., Parpworth, N., & Prez, P. de. (2005). Environmental law.
Butterworths.

3
 Environmental law sets standards and regulations for industries, businesses, and individuals to
minimize their environmental footprint and preserve natural resources. For example, laws
governing air and water quality limit emissions from factories and regulate waste disposal to
safeguard environmental health.

Labour Law:

Definition:

Labour law, also known as employment law, governs the relationship between employers,
employees, and labor unions, establishing rights and obligations in the workplace. 6

Labour law ensures fair treatment of workers, addressing issues such as wages, working
conditions, employment contracts, and collective bargaining. For instance, labour laws mandate
minimum wage requirements and set limits on working hours to protect employees from
exploitation.

Land Law:

Definition:

Land law governs the ownership, use, and transfer of real property, including land, buildings,
and natural resources.7

Land law establishes legal mechanisms for individuals and entities to acquire, manage, and
dispose of land rights, ensuring stability and security in property ownership. For example, land
law dictates the process for registering land titles and resolving disputes over property
boundaries.

6
Labor laws. (1995). . South Carolina Dept. of Labor, Licensing and Regulation.

7
Land laws. (1964). . Printed by Carpenter & Findley.

4
Family Law:

Definition:

Family law deals with legal matters related to family relationships and domestic issues,
including marriage, divorce, adoption, child custody, and inheritance. 8

Family law provides a framework for resolving disputes and regulating familial responsibilities,
safeguarding the rights and well-being of family members. For example, family law governs the
process of divorce, including asset division and child custody arrangements.

Banking Law:
Definition:

Banking law regulates the activities of financial institutions, including banks, credit unions, and
investment firms, to ensure stability, transparency, and consumer protection in the financial
system.9

Banking law establishes rules and standards for banking operations, such as lending practices,
deposit insurance, and anti-money laundering measures, to maintain confidence in the banking
sector. For example, banking laws require banks to disclose information about fees and interest
rates to customers to promote transparency and fair dealing.

Civil Law:

Definition:

8
Sehgal, S. (2011). Family laws. Global India Publ.

9 İlkin, S., Rais, M., & Zeinelabdin, A. (1986). Banking laws. Statistical, Economic, and Social Research and
Training Centre for Islamic Countries.

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Civil law is a branch of law that deals with disputes between individuals or organizations
regarding private rights and obligations, such as contracts, property ownership, and personal
injury.10

Civil law governs non-criminal legal matters, providing a framework for resolving disputes
through legal proceedings. For example, a civil lawsuit may be filed to seek compensation for
damages resulting from a car accident.

International Law:

Definition:

International law is a set of rules and principles that govern relations between states and other
international actors, aiming to promote cooperation, resolve conflicts, and protect human rights
on a global scale.11

International law regulates issues such as diplomacy, trade, war, and human rights, providing
guidelines for interactions between countries. For example, treaties and agreements between
nations establish rules for trade and environmental protection.

Public Law:

Definition:

Public law encompasses the rules and principles governing the relationship between individuals
and the government, including constitutional law, administrative law, and criminal law. 12

10 Ali, N. M. S. (2023). Encyclopedia of civil laws: Select rulings civil & civil reference. Al Noor Law Book
House.

11 Shaw, M. N. (2021). International law. Cambridge University Press.

12 Public laws. (1978). . General Assembly, State of Indiana.

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 Public law establishes the legal framework for government authority and accountability,
ensuring adherence to constitutional principles and protecting citizens' rights. For example,
constitutional law defines the structure of government and guarantees fundamental freedoms.

Statute:

Definition:

A statute is a formal written law enacted by a legislative body, such as a parliament or congress,
to regulate a specific aspect of society or address a particular issue. 13

Statutes codify rules and regulations that have the force of law, providing a basis for legal rights
and obligations. For example, a statute may establish speed limits on highways or define the
requirements for obtaining a business license.

Constitution:

Definition:

A constitution is a fundamental set of principles and rules that establish the structure, powers,
and duties of government, as well as the rights and freedoms of citizens.14

Constitutions serve as the supreme law of a country, outlining the framework for governance and
safeguarding individual liberties. For example, the United States Constitution delineates the
separation of powers among the branches of government and guarantees freedom of speech and
religion.

Administrative Law:

13 Statute ... (1958). . Det Danske Sekretariat.

14 Morris, R. B., & Fisher, L. E. (1985). The Constitution. Lerner Publications.

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Definition:

Administrative law governs the activities and decisions of administrative agencies and
government officials, ensuring that they act within their legal authority and adhere to procedural
fairness.15

Administrative law regulates the implementation and enforcement of public policies, providing
mechanisms for oversight and accountability. For example, administrative law dictates the
process for appealing a government agency's decision to deny a permit.

Ordinance:

Definition:

An ordinance is a law or regulation enacted by a local government, such as a city council or

municipal authority, to address matters within its jurisdiction. 16

Ordinances deal with local issues, such as zoning, public safety, and sanitation, and have the
force of law within the designated geographical area. For example, a city ordinance may regulate
noise levels in residential neighborhoods or prohibit parking in certain areas.

Penal Code:

Definition:

A penal code is a codified set of laws that defines criminal offenses and prescribes penalties for
violations, serving as the legal basis for the criminal justice system. 17

15 Han, T. (1960). Haengjongpŏphak. administrative laws. Bummoonsa.

16 An ordinance. (1974). . Syme & Hall.

17 Huq, Z. (2001). The penal code. Anupam Gyan Bhandar.

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Penal codes outline prohibited conduct and the corresponding punishments, guiding law
enforcement and courts in prosecuting criminal offenses. For example, a penal code may classify
murder as a felony and prescribe imprisonment or capital punishment as punishment.

Civil Procedure:

Definition:

Civil procedure refers to the rules and processes by which civil lawsuits are conducted and
resolved in court, including the filing of complaints, discovery of evidence, and trial
proceedings.18

Civil procedure ensures fairness and efficiency in the adjudication of civil disputes, providing a
framework for parties to present their cases and for judges to render decisions. For example, civil
procedure rules govern the submission of evidence and the examination of witnesses during a
trial.

Criminal Procedure:

Definition:

Criminal procedure encompasses the rules and procedures followed by law enforcement
agencies, prosecutors, and courts in investigating, charging, and adjudicating criminal cases. 19

Criminal procedure safeguards the rights of individuals accused of crimes and ensures due
process throughout the criminal justice process. For example, criminal procedure dictates the
procedures for obtaining search warrants, conducting arrests, and conducting trials in accordance
with the law.

18 Yeazell, S. C., Schwartz, J. C., & Carroll, M. (2023). Civil procedure. Aspen Publishing.

19 Emanuel, S. (2020). Criminal procedure. Wolters Kluwer.

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Stare Decisis:

Definition:

Stare decisis is a legal principle that dictates courts to adhere to precedent and uphold prior
decisions when ruling on similar cases, ensuring consistency and stability in the application of
the law.20

Stare decisis guides judicial decision-making by respecting established legal interpretations and
promoting predictability in the legal system. For example, if a court previously ruled that a
certain contract clause is unenforceable, future cases involving similar clauses would likely
follow that precedent.

Substantive Law:

Definition:

Substantive law comprises the principles and rules that define and govern legal rights and duties,
establishing the rights and obligations of individuals and entities in society. 21

Substantive law outlines the rights and responsibilities of individuals and entities in various areas
of law, such as contract law, property law, and tort law. For example, in contract law, substantive
law dictates the terms and conditions that parties must adhere to when forming agreements.

Crime / Elements of Crime:

Definition:

A crime is an act or omission that violates a law and is punishable by the state, typically
involving harm to individuals or society. The elements of a crime are the specific components

20 Re, E. D. (1977). Stare decisis. Federal Judicial Center.

21 Cassese, A., Jeßberger, F., Cryer, R., & Dé, U. (2015). Substantive law. Routledge.

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that must be proven for someone to be convicted of that crime, including actus reus (the guilty
act) and mens rea (the guilty mind). 22

Crimes range from offenses against persons (such as assault and murder) to offenses against
property (such as theft and burglary). For example, the elements of murder typically include the
intentional killing of another person with malice aforethought.

Criminal Law:

Definition:

Criminal law is a branch of law that defines and regulates conduct deemed harmful to society,
prescribing penalties for individuals who commit such offenses.23

Criminal law addresses offenses ranging from minor infractions to serious felonies, with
punishment varying from fines to imprisonment or even capital punishment. For example, theft,
assault, and drug trafficking are all offenses under criminal law.

FIR (First Information Report):

Definition:

An FIR is a document prepared by law enforcement agencies upon receiving information about
the commission of a cognizable offense, serving as the initial record of a criminal incident. 24

22 LeVert, M., & Leinwand, G. (1991). Crime. Facts On File.

23 Padfield, N. (2016). Criminal law. Oxford University Press.

24 chat gpt

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FIRs initiate criminal investigations by documenting the details of the alleged offense, including
the date, time, location, and nature of the crime, as well as the names of suspects and witnesses.
For example, if someone reports a burglary to the police, an FIR would be filed to initiate the
investigation.

Investigation:

Definition:

Investigation refers to the process of gathering evidence, conducting inquiries, and examining
facts to determine whether a crime has been committed and to identify suspects. 25

Investigations involve various techniques, such as collecting physical evidence, interviewing

witnesses, and analyzing forensic data, with the goal of uncovering the truth and building a case
for prosecution. For example, detectives may conduct surveillance and forensic analysis to gather
evidence in a homicide investigation.

Prosecutors:

Definition:

Prosecutors are legal officials responsible for representing the state or government in criminal
proceedings, presenting evidence against defendants and seeking their conviction. 26

Prosecutors assess evidence, decide whether to file charges, and present cases in court,
advocating for justice on behalf of the public and victims of crime. For example, district
attorneys and state attorneys prosecute criminal cases on behalf of the government.

Defendant Lawyers:

25 Claudel, P., & Hahn, D. (2014). The investigation. MacLehose Press.

26 Heald, T. (2000). Prosecutors. Chelsea House Infobase.

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Definition: Defendant lawyers, also known as defense attorneys or counsel, are legal
professionals who represent individuals accused of committing crimes, advocating for their
rights and defending them against criminal charges. 27

Defendant lawyers advise their clients on legal matters, investigate the case against them, and
present arguments and evidence to challenge the prosecution's case and protect their clients'
interests. For example, defense attorneys may negotiate plea bargains or argue for acquittal in
court.

Trial Courts:

Definition:

Trial courts are judicial bodies that conduct trials and adjudicate disputes, hearing evidence and
arguments from parties involved in legal proceedings to render decisions on matters of fact and
law.28

Trial courts are the first level of the judicial system where cases are initiated, evidence is
presented, and verdicts are reached by judges or juries, depending on the legal system. For
example, district courts and circuit courts are trial courts in the United States where civil and
criminal cases are heard.

Trial:

Definition:

27 The lawyer as defendant. (1985). . The Institute.

28 Standards relating to trial courts. (1975). . The Association.

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 A trial is a formal legal proceeding in which evidence is presented, witnesses are examined, and
arguments are made to a judge or jury to determine the guilt or innocence of a defendant in a
criminal case or to resolve a dispute in a civil case. 29

Trials follow established procedures and rules of evidence, providing a forum for parties to
present their case and for the trier of fact to reach a verdict based on the law and the evidence
presented. For example, a criminal trial involves the prosecution presenting evidence of the
defendant's guilt, while the defense seeks to refute that evidence and establish reasonable doubt.

Appellate Courts:

Definition:

Appellate courts are judicial bodies that hear appeals from lower courts, reviewing their
decisions for errors of law or procedure rather than reevaluating the facts of the case. 30

Appellate courts ensure that lower court decisions are fair and consistent with legal principles,
providing an avenue for parties dissatisfied with the outcome of their case to seek review. For
example, if a defendant believes they were wrongly convicted, they may appeal to a higher court
to overturn the verdict.

Oral or Ocular Evidence:

Definition:

29 Patterson, R. N. (2023). Trial. Post Hill Press.

30 Appellate Courts. (1981). . California Judges Association.

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Oral or ocular evidence refers to testimony or evidence presented through spoken or visual
means, such as witness statements, testimonies, or observations made by individuals. 31

Oral or ocular evidence provides firsthand accounts or observations of events or circumstances

relevant to a legal proceeding, helping to establish facts and inform judicial decisions. For
example, eyewitness testimony in a criminal trial can provide crucial evidence regarding the
commission of a crime.

Medical Evidence:

Definition:

Medical evidence consists of information and findings obtained through medical examinations,
tests, and reports conducted by healthcare professionals, often used to assess injuries, illnesses,
or other medical conditions relevant to a legal case. 32

Medical evidence helps to establish the extent of injuries, determine causation, and assess the
physical or mental state of individuals involved in legal proceedings. For example, medical
records and expert testimony may be used in a personal injury lawsuit to demonstrate the
severity of a plaintiff's injuries.

Forensic Evidence:

Definition:

31 Bigge, J. T., & Ritchie, J. (1971). The oral evidence. Heinemann.

32 Quinn, T. H., Quinn, T. R., Quinn, R. H., & Phippen, R. S. (2006). Medical evidence. James Pub.

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 Forensic evidence refers to scientific evidence obtained through the analysis of physical
materials, such as DNA, fingerprints, ballistics, or trace evidence, used to establish facts or link
individuals to a crime scene. 33

Forensic evidence plays a crucial role in criminal investigations and trials, providing objective
and reliable information that can corroborate or refute other evidence presented in court. For
example, DNA evidence recovered from a crime scene can link a suspect to the crime or
exonerate an innocent person.

Circumstantial Evidence:

Definition:

Circumstantial evidence consists of indirect evidence that implies a fact or event but does not
directly prove it, relying on inference and deduction rather than direct observation or
testimony.34

Circumstantial evidence can be compelling and persuasive when considered collectively,

painting a picture of events or circumstances that support a particular conclusion or inference.
For example, if a suspect's fingerprints are found at the scene of a burglary, it can be
circumstantial evidence of their involvement in the crime.

Corrections:

Definition:

33 Buckleton, J. S., & Ruane, C. (2008). Forensic evidence. New Zealand Law Society, Family Law Section, and
Property Law Section.

34 Ratcliffe, C. E. (1937). Circumstantial evidence. John Bale, Sons & Curnow.

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 Corrections refers to the system and processes involved in managing individuals who have been
convicted of crimes, including incarceration, rehabilitation, probation, and parole. 35

Corrections aim to enforce sentences imposed by the court, protect public safety, and facilitate
the reintegration of offenders into society through rehabilitation and support programs. For
example, correctional facilities such as prisons and jails house convicted individuals serving their
sentences.

Adversarial System:

Definition:

The adversarial system is a legal system in which two opposing parties present their cases before
an impartial adjudicator, such as a judge or jury, who then determines the outcome based on the
arguments and evidence presented. 36

In the adversarial system, each party advocates for its own interests and presents evidence to
support its position, with the goal of persuading the adjudicator to rule in their favor. For
example, in a criminal trial, the prosecution and defense present opposing arguments and
evidence to convince the jury of their respective positions.

Inquisitorial System:

Definition:

35 Corrections. (1973). . For sale by the Supt. of Docs., U.S. Govt. Print. Off.

36 Review of the adversarial system of litigation: An introduction to the inquiry. (1996). . The Commission.

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 The inquisitorial system is a legal system in which the court or tribunal actively investigates and
gathers evidence in a case, with the judge playing a more prominent role in questioning
witnesses and directing the proceedings.37

In the inquisitorial system, the focus is on uncovering the truth and ascertaining the facts of the
case through judicial inquiry, rather than relying solely on the adversarial presentation of
evidence by opposing parties. For example, in some civil law jurisdictions, such as France and
Germany, judges take a more proactive role in examining witnesses and collecting evidence.

Islamic Criminal Justice System:

Definition:

The Islamic criminal justice system is a legal framework based on Islamic law (Sharia), which
governs the conduct of individuals and prescribes punishments for criminal offenses in
accordance with Islamic principles and jurisprudence.38

The Islamic criminal justice system emphasizes the application of Sharia principles, such as
justice, equity, and mercy, in addressing criminal behavior and administering punishments,
which may include corporal penalties or restitution. For example, in some Islamic countries,
offenses such as theft and adultery may be punished with penalties prescribed in Islamic law,
such as amputation or stoning.

Victim:

Definition:

37 chat gpt

38 The Islamic Criminal Justice System. (1981). . Oceana Publications, Inc.

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 A victim is an individual who has suffered harm, injury, or loss as a result of a criminal act, civil
wrong, or other traumatic event, often requiring protection, support, and assistance from the legal
system and community.39

Victims may experience physical, emotional, or financial harm as a result of criminal behavior,
and they are entitled to rights and remedies under the law, including compensation, restitution,
and access to support services. For example, a person who has been assaulted may be considered
a victim and may seek justice through the criminal justice system by reporting the crime to law
enforcement and cooperating with prosecutors.

Offenders:
Definition:

Offenders are individuals who have been found guilty of committing a crime or violating laws,
regulations, or societal norms, often subject to legal consequences or sanctions. 40

Offenders may range from petty criminals to serious offenders, depending on the nature and
severity of their actions, and may face penalties such as fines, imprisonment, or community
service. For example, a person convicted of theft is considered an offender under criminal law.

Hudood Laws:

Definition:

39 B., G. W. E. (1991). The victim. G.P. Putnam’s Sons.

40 Playfair, G., & Sington, D. (1957). The offenders. Simon and Schuster.

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 Hudood laws are Islamic laws derived from the Quran and Hadith that prescribe fixed
punishments for specific offenses considered crimes against God, including theft, adultery, and
alcohol consumption.41

Hudood laws aim to uphold Islamic morality and deter individuals from committing acts deemed
sinful or harmful to society, with penalties such as amputation, stoning, or flogging. For
example, in some Islamic countries, adultery may be punished by stoning to death under the
Hudood laws.

Qisas & Diyat:

Definition:

Qisas and Diyat are principles of Islamic law governing the concepts of retribution and
compensation in cases of homicide or bodily harm, allowing victims or their families to seek
retaliation or monetary compensation from offenders.42

Qisas allows for proportional retaliation against an offender, while Diyat enables the payment of
blood money as compensation to the victim or their family, providing an alternative to
retribution. For example, in cases of murder, the victim's family may choose between seeking
Qisas (retribution) or accepting Diyat (blood money) from the offender.

Tazir:

Definition:

41 Janjua, Z.-I. (2006). Islamic laws: Hudood Laws. Nadeem Law Book House.

42 The concept of Justice in Islam: Qisas & Diyat Law. (2007). . National Commission on the Status of Women.

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 Tazir refers to discretionary punishment or penalties imposed by Islamic authorities for offenses
not specifically addressed by Hudood laws or Qisas and Diyat principles, allowing for flexibility
in sentencing based on the circumstances of each case.43

Tazir punishments aim to maintain social order and deter criminal behavior by providing a
means of punishment for acts considered morally reprehensible or harmful to society. For
example, authorities may impose fines or imprisonment for offenses such as drug possession or
public indecency under Tazir laws.

Witnesses:

Definition:

Witnesses are individuals who have firsthand knowledge or information about events, actions,
or circumstances relevant to a legal proceeding, providing testimony or evidence to assist in
establishing facts or proving a case. 44

Witnesses play a crucial role in the judicial process by offering testimony under oath and subject
to cross-examination, helping to corroborate or refute claims made by parties involved in a case.
For example, eyewitnesses to a car accident may testify about the sequence of events and the
actions of the drivers involved.

Cross-examination:

Definition:

43 Köndgen, O., & Peters, R. (2022). A Bibliography of Islamic Criminal Law. Brill.

44 Sansom, C. (1987). The witnesses. Precision Printing.

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Cross-examination is the questioning of a witness by the opposing party's attorney or legal
representative during a trial or legal proceeding, aimed at testing the credibility of the witness's
testimony and uncovering inconsistencies or biases.45

Cross-examination allows parties to challenge the accuracy and reliability of witness testimony,
revealing any discrepancies or weaknesses that may undermine the opposing party's case. For
example, a defense attorney may cross-examine a prosecution witness to highlight
inconsistencies in their account of events.

Sentencing:

Definition:

Sentencing is the process by which a judge imposes a penalty or punishment on an individual

convicted of a crime, taking into account factors such as the nature and severity of the offense,
the defendant's criminal history, and mitigating or aggravating circumstances.46

Sentencing aims to achieve justice by imposing appropriate penalties that reflect the seriousness
of the offense and promote rehabilitation, deterrence, and public safety. For example, a judge
may sentence a convicted thief to probation, community service, or imprisonment, depending on
the circumstances of the case.

Burden of Proof:

Definition:

45 Driscoll, D. D. (1991). Cross examination. Massachusetts Academy of Trial Attorneys.

46 Sentencing. (1990). . Dept. of Justice Canada.

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 The burden of proof is the responsibility of a party in a legal proceeding to present sufficient
evidence to support their claims or allegations and convince the trier of fact (such as a judge or
jury) of the validity of their position. 47

The burden of proof varies depending on the type of case and the legal standard applied, with the
prosecution typically bearing the burden of proving the defendant's guilt beyond a reasonable
doubt in criminal cases. For example, in a criminal trial, the burden of proof rests with the
prosecution to establish the defendant's guilt, while the defendant is presumed innocent until
proven guilty.

Case Law:
Definition:

Case law, also known as precedent or judicial decision, refers to the body of legal principles and
rules established by previous court decisions and interpretations of law, which serve as
authoritative guidance in similar future cases.48

Case law provides a framework for interpreting statutes, resolving legal disputes, and ensuring
consistency and predictability in the application of the law by courts. For example, a court may
rely on precedents established in previous cases to determine the outcome of a current case with
similar facts and legal issues.

Common Law (English Law):

Definition:

47 Barnes, A., & Turow, S. (1999). The burden of proof. Pearson Education.

48 UNION, R. (1954). Case laws.

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Common law is a legal system based on judicial decisions and precedents rather than statutory
laws or codes, developed over time through the rulings of courts and tribunals, particularly in
England and other common law jurisdictions. 49

Common law principles and doctrines are derived from custom, tradition, and judicial
interpretation, providing flexibility and adaptability to evolving societal norms and changing
circumstances. For example, the doctrine of precedent in common law jurisdictions requires
courts to follow previous decisions when deciding similar cases, contributing to the development
of a consistent and coherent body of law.

Civil Law system (European criminal justice system):

Definition:

The civil law system, also known as the European criminal justice system, is a legal framework
based on codified statutes and codes, where laws are primarily enacted by legislative bodies and
applied by judges to resolve disputes and prosecute criminal offenses.50

In the civil law system, judges play a more passive role compared to common law systems, as
they interpret and apply laws rather than create legal precedents through judicial decisions. For
example, countries like France and Germany operate under civil law systems, where laws are
codified in comprehensive legal codes.

Equity:

49 Holmes, O. W. (2023). The Common Law. Law & Justice Publishing Co.

50 von, M. A. T., & Gordley, J. R. (1978). The Civil Law System: An introduction to the comparative study of law.
Little, Brown and Company.

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Definition:

Equity refers to a system of justice and fairness based on principles of fairness, impartiality, and
flexibility, aimed at providing remedies and relief in cases where strict application of the law
may lead to injustice or hardship. 51

Equity allows courts to consider the unique circumstances of each case and tailor remedies to
achieve just outcomes, often supplementing or overriding strict legal rules. For example, equity
may be invoked to grant injunctive relief to prevent irreparable harm in contractual disputes.

Hearsay Evidence:

Definition:

Hearsay evidence is testimony or statements offered in court by a witness who reports what
others have said, rather than firsthand knowledge or observation of the events in question. 52

Hearsay evidence is generally considered less reliable than direct evidence, as it may be based on
rumor or speculation and lacks the opportunity for cross-examination. For example, if a witness
testifies that they heard someone else confess to a crime, it would be considered hearsay unless
certain exceptions apply.

Jury:

Definition:

51 Worthington, S. (2006). Equity. Oxford University Press.

52 Rider, A. O. (1975). Hearsay evidence: A comprehensive manual for the Law Enforcement Officer. Institute of
Contemporary Corrections and the Behavioral Sciences, Sam Houston State University.

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A jury is a group of individuals selected from the community to hear evidence, evaluate facts,
and render a verdict in a trial, particularly in criminal cases where guilt or innocence is
determined by a panel of peers.53

Juries play a vital role in the legal system by providing a diverse and impartial perspective on the
evidence presented in court, ensuring that decisions reflect community values and standards of
justice. For example, in a criminal trial, the jury deliberates to determine whether the prosecution
has proven the defendant's guilt beyond a reasonable doubt.

Actus rea:

Definition:

Actus rea refers to the physical act or conduct that constitutes an essential element of a criminal
offense, representing the external behavior or actions of the defendant that cause harm or violate
the law.54

Actus rea must be proven by the prosecution to establish that the defendant committed the
prohibited act, regardless of their mental state or intention. For example, in a case of assault, the
actus rea would be the physical act of striking another person.

Mens rea:

Definition:

53 Phillpotts, E. (1927). The jury. Bernh. Tauchnitz.

54 chat gpt

26
 Mens rea, Latin for "guilty mind," refers to the mental state or intention of the defendant at the
time of committing a crime, indicating their awareness of the wrongful nature of their actions or
the consequences thereof. 55

Mens rea is an essential element of many criminal offenses, as it reflects the defendant's
culpability and moral blameworthiness for their conduct. For example, in a case of murder, the
prosecution must prove that the defendant had the requisite mens rea, such as intent to kill or
reckless indifference to human life.

Intention / Motive:

Definition:

Intention or motive refers to the purpose or reason behind an individual's actions, influencing
their state of mind and guiding their conduct, particularly in criminal law where intent plays a
crucial role in determining guilt or innocence. 56

While intention relates to the specific aim or objective of the defendant's actions, motive refers to
the underlying reason or incentive driving their behavior. For example, in a case of arson, the
defendant's motive for setting fire to a building may be financial gain or revenge.

Cognizable Offences:

Definition:

55 Arkin, S. S., & Wing, J. R. (1985). Mens Rea: State of mind defenses in criminal and civil fraud cases. Practising
Law Institute.

56 M., A. G. E. (2000). Intention. Harvard University Press.

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 Cognizable offenses are criminal offenses for which law enforcement authorities have the power
to make an arrest without a warrant and to initiate an investigation based on their own knowledge
or upon receiving a complaint or information from a victim or witness.57

Cognizable offenses are considered serious crimes that warrant immediate police intervention
and action to prevent further harm or danger to the public. For example, offenses such as murder,
robbery, and rape are typically classified as cognizable offenses under criminal law.

Non-Cognizable offences:

Definition:

Non-cognizable offenses are criminal offenses for which law enforcement authorities do not
have the power to make an arrest without a warrant and are required to obtain permission from a
magistrate or court before initiating an investigation or making an arrest based on a formal
complaint.58

Non-cognizable offenses are generally less serious offenses that do not pose an immediate threat
to public safety or require prompt police intervention. For example, minor offenses such as
defamation, cheating, and simple assault may be classified as non-cognizable offenses under
criminal law.

Standard of Proof in criminal law:

Definition:

57 Gabbett, J. (1843). A treatise on the criminal law: Comprehending all crimes and misdemeanors punishable by
indictment, and offences cognizable summarily by magistrates, with the modes of proceeding upon each.
John Cumming.

58 chat gpt

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The standard of proof in criminal law refers to the level of certainty or persuasion required for
the prosecution to prove the guilt of the defendant and secure a conviction in a criminal trial,
typically expressed as "beyond a reasonable doubt." 59

The standard of proof reflects the degree of confidence that the trier of fact, whether judge or
jury, must have in the evidence presented by the prosecution to find the defendant guilty of the
charged offense. For example, in a criminal trial, the prosecution must prove the defendant's guilt
beyond a reasonable doubt, meaning that there is no reasonable doubt in the minds of the jurors
as to the defendant's guilt based on the evidence presented.

Standard of Proof in civil law:

Definition:

The standard of proof in civil law refers to the level of evidence required for a plaintiff to prevail
in a civil case, typically expressed as "preponderance of the evidence," meaning that the
plaintiff's version of events is more likely than not to be true.60

In civil cases, the burden of proof is on the plaintiff to demonstrate their claims by presenting
evidence that is more convincing than the evidence presented by the defendant. For example, in a
personal injury lawsuit, the plaintiff must prove by a preponderance of the evidence that the
defendant's negligence caused their injuries.

Tort:

59 Smith, J. C., & Hogan, B. (2002). Criminal law. Butterworths.

60 Katiforis, N. (n.d.). Evidence in civil law - greece. Institute for Local Self-Government and Public Procurement
Maribor.

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Definition:

A tort is a civil wrong or wrongful act committed by one party (the tortfeasor) that causes harm,
injury, or loss to another party, giving rise to a legal claim for damages or compensation. 61

Torts encompass a wide range of wrongful conduct, including negligence, defamation, trespass,
and intentional infliction of emotional distress, and are distinct from criminal offenses. For
example, if a person slips and falls on a wet floor in a store due to the owner's negligence, they
may sue for damages in a tort case.

Juvenile Justice:

Definition:

Juvenile justice is a specialized system of law enforcement, courts, and social services designed
to address the unique needs and circumstances of minors (juveniles) who are accused of
committing delinquent or criminal acts.62

Juvenile justice focuses on rehabilitation and intervention rather than punishment, aiming to
prevent juvenile offenders from reoffending and guiding them toward positive behavior and
development. For example, juvenile courts may offer diversion programs, counseling, or
community service as alternatives to incarceration for young offenders.

Expert witness:

Definition:

61 Henry, S. J. (1984). Tort. College of Law.

62 Hess, K. M., H., O. C. M., & Wright, J. P. (2013). Juvenile justice. Wadsworth, Cengage Learning.

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 An expert witness is a person who possesses specialized knowledge, skills, or experience in a
particular field or subject matter and is called upon to provide opinion testimony in court to assist
the judge or jury in understanding complex issues or evaluating evidence.63

Expert witnesses offer their professional expertise and analysis to help clarify technical or
scientific matters, provide context for the facts of the case, and offer insights that may influence
the outcome of the trial. For example, in a medical malpractice case, a doctor may serve as an
expert witness to testify about the standard of care and whether the defendant's actions met that
standard.

Judicial Precedent:
Definition:

Judicial precedent, also known as case law or legal precedent, refers to the principle whereby
decisions and rulings made by higher courts serve as authoritative guidance and binding
authority for lower courts in similar cases. 64

Judicial precedent contributes to the development of a consistent and predictable body of law by
ensuring that legal principles are applied uniformly and fairly across different cases and
jurisdictions. For example, a lower court must follow a precedent set by a higher court within its
jurisdiction when deciding a case with similar facts and legal issues.

White Collar Crimes:

Definition:

63 Baker, E., & Lavers, A. P. (2005). Expert witness. RICS Books.

64 Begam, A. (2008). Judicial precedent: Theory and practice. The Icfai University Press.

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 White collar crimes are non-violent offenses typically committed by individuals or organizations
in positions of trust or authority for financial gain, often involving deceit, fraud, or manipulation
of financial systems.65

White collar crimes can include embezzlement, insider trading, bribery, money laundering, and
corporate fraud, and they are often prosecuted under various federal and state laws governing
financial transactions and corporate governance. For example, a CEO who engages in accounting
fraud to inflate company profits and deceive investors would be committing a white-collar crime.

Organized Crimes:

Definition:

Organized crimes are criminal activities perpetrated by structured groups or syndicates, often
involving multiple participants and sophisticated methods for carrying out illegal activities such
as drug trafficking, human trafficking, racketeering, and organized fraud.66

Organized crime groups operate with hierarchical structures, division of labor, and extensive
networks, posing significant challenges to law enforcement and criminal justice systems
worldwide. For example, a criminal organization involved in smuggling contraband across
international borders would be engaging in organized crime.

Deviance:

Definition:

65 Foster, G. (2019). White Collar Crimes. Christian Faith Publishing, Inc.

66 Hoffman, N. V. (1984). Organized crimes. Ballantine.

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 Deviance refers to behavior or actions that violate social norms, cultural expectations, or legal
standards, leading to stigmatization or disapproval by society and potentially resulting in social
sanctions or legal consequences. 67

Deviance is relative and context-dependent, as what is considered deviant in one culture or

context may be acceptable in another. For example, substance abuse, vandalism, and public
nudity are examples of behaviors that may be considered deviant and subject to societal or legal
repercussions depending on the circumstances.

67 Dinitz, S., Dynes, R. R., & Clarke, A. C. (1969). Deviance. Oxford University Press.

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