(Long legal method )

1) Explain the judicial system of India?

Ans.The judicial system of India is a complex and hierarchical
structure that consists of various levels of courts, each with
specific jurisdictions and functions. Here is an overview of the
judicial system in India:
Supreme Court of India:
• The Supreme Court is the highest judicial authority in the
country. It is located in New Delhi and serves as the final court
of appeal. The Supreme Court has original jurisdiction to hear
cases involving constitutional matters and disputes between
the central government and states. It also has appellate
jurisdiction over decisions of the High Courts and other
tribunals.
High Courts:
• Each state in India has a High Court, which is the highest
court within the state's jurisdiction. High Courts have both
original and appellate jurisdiction. They hear cases that fall
within their territorial jurisdiction and also serve as appellate
courts for decisions made by lower courts and tribunals within
the state.
District Courts:
• Below the High Courts are the District Courts, which are
situated in various districts across the country. Each state is
divided into districts, and each district has its own District
Court.
Subordinate Courts:
• Subordinate or lower courts are further divided into civil and
criminal courts. These include the Civil Judge (Junior Division),
Civil Judge (Senior Division), Chief Judicial Magistrate, and
Judicial Magistrate of the first class, among others.
{.Tribunals
• India has specialized tribunals to handle specific areas of law
and disputes. Examples include the National Green Tribunal, the
Central Administrative Tribunal, and the Income Tax Appellate
Tribunal. These tribunals have jurisdiction over matters related
to environmental law, administrative issues, and taxation,
respectively.
Constitutional Courts:
• Apart from the regular judicial hierarchy, there are also special
courts with constitutional powers, such as the National Human
Rights Commission (NHRC) and the State Human Rights
Commissions (SHRCs), which address human rights violations.
Gram Nyayalayas:
• In rural areas, the Gram Nyayalayas were established to
provide access to justice at the grassroots level. These village-
level courts aim to simplify legal procedures and enhance the
accessibility of justice to the rural population.
In summary, India's judicial system comprises a hierarchical
structure, with the Supreme Court at the apex, followed by the
High Courts, District Courts, subordinate courts, specialized
tribunals, constitutional courts, and Gram Nyayalayas. This
multi-tiered system is designed to provide access to justice and
address legal matters at various levels of complexity and
jurisdiction.
2) what do you mean by legislation? Explain with the different
definition? Ans. Legislation is a multifaceted term that
encompasses the formal process of creating laws and the laws
themselves. It involves the enactment of statutes by a
legislative body, which could be a parliament, congress, or
other authorized institutions. Below are different aspects and
definitions of legislation:
Formal Process of Lawmaking:
• Legislation refers to the formal and systematic process
through which laws are proposed, debated, revised, and
ultimately adopted by a legislative body. This process involves
the introduction of bills, discussions, committee reviews, voting,
and, finally, approval to transform the proposed laws into
enforceable statutes.
Statutory Law:
• Legislation is synonymous with statutory law, representing the
body of laws formally written and enacted by a legislative
authority. These statutes cover a broad spectrum of subjects,
including criminal offenses, civil matters, administrative
procedures
Binding Rules:
• Legislative enactments are binding rules that carry the force
of law within a particular jurisdiction. They prescribe rights,
duties, and obligations for individuals and entities, providing a
legal framework that governs various aspects of societal and
institutional behavior.
Expression of Public Policy:
• Legislation is often viewed as the formal expression of public
policy. Elected representatives, acting on behalf of their
constituents, propose and pass laws that reflect societal values,
address emerging issues, and regulate conduct.
Democracy and Accountability:
• In democratic systems, legislation is a key instrument for
ensuring accountability and responsiveness to the needs and
concerns of the public. Elected representatives are accountable
for their legislative decisions,
Dynamic and Evolving Nature:
• Legislation is dynamic and subject to change. Legislatures
have the authority to amend or repeal existing laws, reflecting
the evolving needs of society, advancements in knowledge, and
shifts in public opinion.
Hierarchy of Laws:
• Legislative enactments exist within a hierarchy of laws. In
many legal systems, constitutional laws form the highest tier,
followed by statutes, regulations, and administrative rules.
In summary, legislation encompasses the formal process of
lawmaking and the resulting statutory laws. It is a foundational
aspect of governance, shaping the legal landscape, ensuring
societal order, and reflecting the values and priorities of the
community it serves.
3) what are the salient feature of Indian constitution?
ans. The Indian Constitution, adopted on January 26, 1950, is a
comprehensive and unique document that reflects the values,
aspirations, and diversity of the Indian society. Here are five
salient features of the Indian Constitution:
Preamble:
• The Preamble of the Indian Constitution sets out the
objectives and guiding principles of the document. It declares
India to be a sovereign, socialist, secular, and democratic
republic that aims to secure justice, liberty, equality, and
fraternity for its citizens. The Preamble encapsulates the spirit
and vision of the constitution.
Federalism with a Strong Center:
• The Indian Constitution establishes a federal structure of
government, dividing powers between the central government
and the states. However, it leans towards a strong center,
especially during emergencies. The Constitution provides for a
three-tier system of government – central, state, and local
(Panchayats and Municipalities).
Fundamental Rights and Directive Principles of State Policy:
• The Indian Constitution guarantees Fundamental Rights to
citizens, including the right to equality, freedom, and protection
of life and personal liberty. These rights are justiciable, meaning
they can be enforced by the courts.
Secularism and Religious Diversity:
• he Indian Constitution embraces secularism, ensuring the
separation of religion from the state. It guarantees freedom of
religion to all citizens and prohibits discrimination on religious
grounds society.
Amendment Procedure:
• The Constitution of India provides for a flexible amendment
procedure. While the basic structure of the Constitution is
considered sacrosanct and cannot be altered, amendments can
be made to other provisions through a prescribed process.
These salient features collectively contribute to the strength
and adaptability of the Indian Constitution, allowing it to serve
as a guiding framework for governance and justice in a diverse
and dynamic nation.
4) Describe the law with its function?
ans. Law is a system of rules and regulations created and
enforced by a governing authority, typically a government, to
regulate conduct and maintain order within a society. Its
functions are multifaceted and play a crucial role in shaping and
governing social interactions. Here's a more detailed
explanation of law and its functions:
Maintaining Order and Stability:
• One of the primary functions of law is to maintain order and
stability in society. Legal rules and regulations provide a
structured framework that guides individuals' behavior,
preventing chaos and ensuring predictability in social
interactions.
Resolving Disputes:
• Law provides mechanisms for resolving disputes and
conflicts. Courts and legal processes offer a formalized way to
address disagreements, ensuring that conflicts are resolved
impartially and in accordance with established rules and
principles. Protecting Individual Rights and freedom
>Law serves as a protector of individual rights and freedoms. It
establishes a legal framework that safeguards fundamental
rights, such as freedom of speech, religion, and privacy. Legal
systems often include mechanisms for individuals to seek
redress when their rights are violated.
Setting Standards of Conduct:
 • Law establishes standards of conduct that individuals and
entities are expected to follow. These standards reflect societal
norms and values, providing a moral and ethical framework for
behavior. Violations of these standards may result in legal
consequences.
Ensuring Justice and Fairness:
•Law is a tool for ensuring justice and fairness. It provides a
system for adjudicating disputes and determining culpability.
Legal processes aim to be impartial and objective, promoting
the fair and equitable treatment of individuals under the law.
Regulating Social and Economic Activities:
•Law plays a crucial role in regulating various aspects of
social and economic activities. It governs contracts, property
rights, business transactions, and other interactions, providing
a legal structure that facilitates economic development and
ensures a functioning society.
. Creating a Deterrent Effect:
• The existence of laws and the potential for legal
consequences serve as a deterrent to unlawful behavior. The
fear of punishment or legal consequences can influence
individuals and entities to comply with the law, contributing to
the overall maintenance of social order.
In summary, law is a multifunctional tool that serves to
maintain order, resolve disputes, protect individual rights, set
standards of conduct, ensure justice, regulate social and
economic activities, and create a deterrent effect. It is a
foundational element of governance that contributes to the
stability, fairness, and functionality of societies
 (Legal method)

Unit 1
a) Define Law?
Ans. Law is an instrument which regulates human conduct/
behavior. Law means Justice, Morality, Reason, Order, and
Righteous from the view point of the society.
b) What is Criminal Law?
Ans. criminal law, the body of law that defines criminal offenses,
regulates the apprehension, charging, and trial of suspected
persons, and fixes penalties
c) What is Civil Law?
Ans. Civil Law is a general law which solves disputes between 2
organisations or individuals.
d) Define Law according to Savigny ?
Ans. Law is founded and not made”, the adage is the premise of
the historical school of law. The historical school of law was
established by Friedrich Karl and Von Savigny.
e) Define Law according to Salmond?
And. Law is an instrument which regulates human conduct/
behavior. Law means Justice, Morality, Reason, Order, and
Righteous from the view point of the society
f) What are the function of law?
Ans. Law set up rules and regulations for society so that we can
freedom, gives Justice to those who were wronged, and it set
up that it protects us from our own Government.
g) What is the main source of Law?
Ans. While a written constitution may seem to be the prime
source of law,
h) What is the main source of Muslim Law?
Ans. Quran, Ahadis and Ijmaa.
i) What is the origin of Law?
Ans. Laws originated because of the need to regulate what
constitutes acceptable behavior.
j) What do you mean by Dharma under Hindu Law?
Ans. In Hinduism, dharma is the religious and moral law
governing individual conduct and is one of the four ends of life.
Unit 2
a) What do you mean by Ratio Decidendi ?
Ans. Ratio decidendi is Latin for "rationale for the decision.
b) What do you mean by Obiter Dicta?
Ans.It refers to a passage in a judicial opinion which is not
necessary for the decision of the case before the court
c) What do you mean by custom under Law?
ans. Customs in law refers to the set pattern of behavior that
can be affirmed objectively within a specific social background
d) How custom is important source of Law?
Ans. The will of the people has always been reflected in the
custom and traditions of the society. Custom is hence a main
source of law.
e) How custom has evolved as a source of Law?
Ans. Customs are the earliest sources of law and form the basis
of the English Common Law system as we see it today.
f) What legislation do in making the laws?
Ans. drafting and enacting the law in a state.6
g) What is Legislation?
ans.legislation, the preparing and enacting of laws by local,
state, or national legislatures
h) Why Precedents are important source of Law?
Ans. Precedents bring certainty in the law.
I)What do you mean by Precedents?
Ans. A precedent is something that precedes, or comes before.
The Supreme Court relies on precedents—that is, earlier laws or
decisions that provide some example or rule to guide them in
the case they're actually deciding.
J) Define the concept of Stare Decisis?
Ans. a legal principle that directs courts to adhere to previous
judgments (or judgments of higher tribunals) while resolving a
case with allegedly comparable facts.
Unit 3
a) What is the enactment and enforcement date of the Indian
Constitution?ans. on 26th November, 1949 and came into force
on 26th January, 1950
b) What do you mean by Court?
Ans. a place where trials and other legal cases happen, or the
people present in such a place, especially the officials and
those deciding if someone is guilty
c) What do you mean by Natural Justice ?
Ans. Natural Justice implies fairness, reasonableness, equity
and equality.
d) Explain equity?
Ans. The term “equity” refers to fairness and justice and is
distinguished from equality
e) What is the meaning of jurisdiction?
Ans. Jurisdiction refers to the official power of an official,
government body, nation or court to make legal decisions within
their purview.
f) What do you mean by Common Law?
Ans. Common law is a body of unwritten laws based on legal
precedents established by the courts
g) What do you mean by judicial system?
Ans. udiciary system consists of Judges and other magistrates,
they form the bench or the core of the judiciary system
h) Explain equity?
Ans. The term “equity” refers to fairness and justice
i) Explain justice ?
Ans. Justice, in its broadest sense, is the concept that
individuals are to be treated in a manner that is equitable and
fair.
j) Explain Good Conscience?
Ans. A good conscience is a healthy conscience. It is one that is
cleared of offenses toward God and toward people.
Unit 4.
A) Who is the part of common law countries?
Ans. Common law countries are those that follow the common
law legal system, which is based on precedent and judicial
decisions.
B) What do you mean by Acts?
Ans. Acts generally take the form of legal instruments of writing
that have probative value and executory force.
C) How legal research help the judiciary?
Ans. Analysing the law by breaking it into separate
elements, simplifies understanding and the interpretation of
specific statutes and cases.
d) What are the meaning & source of Legal Research?
Ans. Legal research means scientific and purposive
investigation or inquiry of a problem or issue of any discipline.
e) What do you mean by Statutes?
Ans. A statute is a rule or law which has been made by a
government or other organization and formally written down
f) Why Legal Research is important?
Ans. it enables students to stay updated with legal
developments, navigate legal databases, and critically analyze
legal issues.
g) What do you mean by Reports?
Ans. A report is a concise piece of writing that uses facts and
evidence to look at issues, situations, events or findings.
h) What is meaning of Case Analysis?
Ans.Case analysis is a problem-based teaching and learning
method that involves critically analyzing complex scenarios
within an organizational setting for the purpose of placing the
student in a “real world”
i) What is the meaning of Research?
Ans. Research is defined as the creation of new knowledge and/
or the use of existing knowledge in a new and creative way so
as to generate new concepts, methodologies and
understandings.
j) What do you mean by Journals?
Ans. A journal is a scholarly publication containing articles
written by researchers, professors and other experts.
 Short legal method

1) state the importance of precedents?

Ans. Precedents, also known as case law or judicial decisions,
play a crucial role in the legal systems of common law
countries. The importance of precedents can be highlighted in
several aspects:
Stability and Predictability:
•Precedents provide a stable and predictable legal framework
by establishing a foundation for future decisions. Legal
decisions build upon existing case law, creating a consistent
and reliable basis for resolving similar issues.
Consistency and Fairness:
•By following established precedents, the legal system
promotes consistency and fairness in the application of the law.
Legal Authority and Guidance:
•Precedents serve as legal authorities and sources of guidance
for judges, lawyers, and other legal professionals. Courts often
refer to past decisions to interpret laws and determine.
Legal Development and Adaptation:
•Precedents contribute to the development and adaptation of
the law over time. As society evolves, legal principles can be
refined and adjusted through new precedents.
In summary, precedents are fundamental to the common law
system, providing stability, consistency, fairness, legal authority,
guidance, and a mechanism for the ongoing development and
adaptation of the law
2) what do you mean by precident?
Ans. A precedent, in the context of law, refers to a judicial
decision or judgment that serves as an authoritative example
for deciding similar cases in the future. Here are key points
explaining the concept of precedent:
Definition:
•A precedent is a legal decision handed down by a court in the
past, establishing a standard or rule that can be used as a
reference point in similar cases. It represents a legal principle
derived from the reasoning and decision of the court in a
specific case.
Binding Authority:
•Precedents have varying degrees of authority. Some
precedents are binding, meaning that lower courts are
obligated to follow them in their jurisdictions.
Stare Decisis:
•The principle of stare decisis, which means "to stand by things
decided," is closely associated with precedents.
Types of Precedents:
•Precedents can be classified into different types, such as
binding precedents (which must be followed), persuasive
precedents (which are influential but not binding), and
distinguishing precedents.
in summary, a precedent is a legal decision that serves as a
guide for future cases, helping to ensure consistency and
predictability in the application of the law. The concept is rooted
in the idea of building upon past legal decisions to establish
principles that shape the development of the legal system.
3) what do you mean by civil and criminal law?
Ans.Civil law and criminal law are two distinct branches of legal
systems, each addressing different types of legal disputes and
offenses.
Civil Law:
•Civil law pertains to disputes between individuals or entities,
where one party seeks compensation or redress for harm or
injury suffered. The primary objective of civil law is to provide a
remedy (usually monetary) to the aggrieved party rather than to
punish the wrongdoer. Examples of civil cases include contract
disputes, personal injury claims, family law matters (such as
divorce or child custody), and property disputes.
Criminal Law:
• Criminal law, on the other hand, deals with offenses against
the state or society as a whole. It involves actions that are
considered crimes, and the focus is on punishing the offender
for violating established laws. Criminal cases are initiated by the
government, and the prosecution seeks to prove the guilt of the
accused beyond a reasonable doubt. Punishments in criminal
cases can include fines, imprisonment, probation, or, in some
jurisdictions, capital punishment. Examples of criminal offenses
include theft, assault, murder, and fraud.
In summary, civil law addresses disputes between private
parties, seeking remedies for harm suffered, while criminal law
deals with offenses against the state, aiming to punish
individuals for violating laws designed to protect public order
and safety. The key distinction lies in the nature of the cases
and the objectives of the legal proceedings.
4) what is doctrinal research?
Ans. Doctrinal research refers to a method of legal research
that focuses on analyzing and interpreting existing legal rules,
principles, statutes, and case law. This approach involves
studying and synthesizing legal sources to understand the
current state of the law, identify trends, and draw conclusions.
Here are key points about doctrinal research:
Analysis of Legal Texts:
• Doctrinal research primarily involves the analysis of legal
texts, including statutes, regulations, court decisions, and legal
literature. Researchers scrutinize these sources to extract legal
principles, rules, and doctrines relevant to a particular area of
law.
Legal System Examination:
• This method aims to comprehend the structure and
functioning of the legal system by examining the rules that
make up the body of law. Researchers may explore how courts
interpret statutes,
Library-Based Research:
• Doctrinal research is often conducted through library-based
research, where legal scholars and researchers review and
analyze legal materials available in libraries or online databases.
Formulating Legal Arguments:
• The outcomes of doctrinal research are frequently used to
formulate legal arguments, assess the effectiveness of existing
legal rules, and propose reforms or improvements to the law.
Researchers may contribute to legal scholarship
In summary, doctrinal research involves the systematic
analysis and interpretation of legal sources to understand and
critique existing legal rules and principles. and researchers to
contribute to the development and understanding of the law in
various areas.
5) what are the essential features of custom?
Ans.Custom, in the context of law, refers to the established and
unwritten practices that have developed within a particular
community and are recognized as legally binding. The essential
features of a custom include:
Usage and Practice:
• Custom is based on the repeated and consistent practices
within a specific community or group. It arises from the habitual
conduct of individuals who follow certain practices because
they believe them to be obligatory.
Antiquity and Continuity:
• A valid custom is characterized by its antiquity, having been in
existence for a considerable period. Additionally, the custom
must exhibit continuity, meaning that it has been consistently
followed without substantial interruptions over time.
Reasonable Certainty:
• Custom must be characterized by reasonable certainty,
meaning that its terms and conditions should be clear and not
ambiguous. The community should have a shared
understanding of the custom's existence and its specific
requirements.
Opinion Juris or Obligatory Belief:
• One of the crucial elements of custom is the belief that the
observed practice is obligatory and legally binding. This
subjective element, known as "opinion juris.
These essential features help distinguish a valid custom from
ordinary habits or practices. When these criteria are met,
custom may be recognized as a source of law and used to
determine legal rights and obligations within a particular
community or jurisdiction.
6) what is separate of power?
Ans. The separation of powers is a fundamental principle of
government that divides the functions of state authority among
distinct branches to prevent the concentration of power in a
single entity. Here are the key features of the separation of
powers:
Legislative, Executive, and Judicial Branches:
• The separation of powers involves the distribution of
government functions among three main branches: the
legislative branch (responsible for making laws), the executive
branch (responsible for implementing and enforcing laws), and
the judicial branch (responsible for interpreting laws and
resolving disputes).
Independence and Autonomy:
• Each branch operates independently and autonomously, with
separate personnel and powers. This separation aims to
prevent any one branch from dominating the others, ensuring a
system of checks and balances.
Checks and Balances:
• The system incorporates checks and balances, where each
branch has the ability to limit the powers of the other branches.
For example, the legislative branch may pass laws,
Prevention of Tyranny:
• The separation of powers is designed to prevent the abuse of
authority and the emergence of tyranny. By distributing powers
among different branches, the system seeks to safeguard
individual liberties and maintain a system of government
accountable to the people.
In summary, the separation of powers is a constitutional
principle that divides government functions among distinct
branches to ensure a system of checks and balances, prevent
the concentration of power, and safeguard individual liberties
within a democratic framework.
7) how law is inportant in function in society?
Ans. Law is crucial in society for several reasons, serving vital
functions that contribute to the overall well-being and
functioning of a community:
Social Order and Stability:
• Law provides a framework for establishing and maintaining
social order. It defines acceptable behaviors, regulates
interactions between individuals, and sets boundaries for
conduct. By establishing rules and consequences, law
contributes to the stability and predictability of social
relationships, reducing the likelihood of conflict and disorder.
Protection of Rights and Liberties:
• Law serves as a safeguard for individual rights and liberties. It
establishes a legal structure that protects people from arbitrary
actions, ensuring that their fundamental rights are respected.
Dispute Resolution:
• Law provides structured mechanisms for resolving disputes
and conflicts. Courts and legal processes offer a formalized
approach to addressing disagreements, promoting fairness and
ensuring that conflicts are resolved based on established rules
and principles.
Justice and Equality:
• Law plays a pivotal role in promoting justice and equality. It
establishes rules that apply uniformly to all members of society,
striving to ensure that individuals are treated fairly.
In summary, law is essential in society as it establishes order,
protects individual rights, facilitates dispute resolution, and
promotes justice and equality. Its presence provides a
structured framework that contributes to the overall functioning
and well-being of communities.
8) what is rule of law? explain?
Ans. The rule of law is a fundamental principle that emphasizes
the supremacy of law, equality before the law, and the idea that
both citizens and government officials are bound by and
accountable to the law. Here's a brief explanation:
Supremacy of Law:
• The rule of law asserts that no one, including government
officials and leaders, is above the law. It emphasizes that the
law itself is supreme, and all individuals and entities, regardless
of their status, must abide by the same set of laws.
Equality Before the Law:
• he principle of equality before the law ensures that all
individuals are treated equally and fairly by the legal system. It
means that everyone, regardless of their social status, wealth,
or position, is subject to the same laws and has the same
access to justice.
Legal Certainty and Predictability:
• The rule of law promotes legal certainty and predictability by
establishing clear and transparent laws that are applied
consistently. This ensures that individuals can understand the
rules governing their behavior and can reasonably predict the
legal consequences of their actions.
Accountability and Just Governance:
• The rule of law holds both individuals and government
institutions accountable for their actions. It requires that
decisions and actions be based on law and that those who
violate the law are subject to legal consequences. This
accountability contributes to the establishment of just and
transparent governance.
In summary, the rule of law is a foundational principle that
underscores the importance of legal supremacy, equality before
the law, legal certainty, and accountability. It is essential for
maintaining a just and orderly society where individuals can
trust in the fairness and predictability of the legal system.