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Unit 1
1: What is Law ?
The law is a set of legal rules that governs the way members of a society act towards one another. Law is that portion of the established habit and thought of mankind which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of the Government . Woodrow Wilson Laws are required in society to regulate the behaviour of the individual, to correspond with what is acceptable to the majority of individuals,
Law is the potential tool of social change. In fact law and society are complementary. No society can exist without law. It is essential for up keeping of peace in the society.
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BRANCHES OF LAW
CONSTITUTIONAL LAW ADMINISTRATIVE LAW CRIMINAL LAW CIVIL LAW, COMMERCIAL LAW
CONSTITUTIONAL LAW
Is the law which regulates the structure of the principal organs of the government and their relationships to one another and determines their principal functions. The rules consist both of legal rules and of usages, commonly called conventions, which without being enacted are accepted as binding by all concerned with the government
ADMINISTRATIVE LAW
It is the law that governs the executive branch of the government. It is as old as the executive.
CRIMINAL LAWS
Are the laws which wrong doers are punished. At the same time, civil laws are those laws with which the private rights of an individual are enforced
MERCANTILE LAWS
It deals with the rights and obligations of Commercial persons emerging from commercial transactions in respect of commercial property.
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Legal Positivism
Law is the supreme will of the State that applies only to the citizens of that nation at that time. Law, and therefore rights and ethics, are not universal. The morality of a law, or whether the law is bad or good, is irrelevant.
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Legal Realism
Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social,economic, and contextual influences.
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Stare Decisis
Stare decisis is a Latin phrase meaning to stand on decided cases.
Makes the law stable and predictable. Increases judicial efficiency by relieving courts of having to reinvent legal principles for each case brought before them.
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Legal Reasoning
Method used by judges to reach a decision. Many courts and attorneys frame decisions and briefs using the IRAC format: Issue, Rule, Application (Analysis), and Conclusion.
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Federal Express Corp. v. Federal Espresso, Inc., 201 F.3d 168 (2nd Cir. 2000).
Title: First Party is Plaintiff, second party is Defendant. The parties are either italicized or underlined.
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Federal Express Corp. v. Federal Espresso, Inc., 201 F.3d 168 (2nd Cir. 2000).
Case is found in volume 201 of the 3rd Federal Supplement, page 168.
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Federal Express Corp. v. Federal Espresso, Inc., 201 F.3d 168 (2nd Cir. 2000).
Case was decided by the United States Second Circuit Court of Appeals in 2000.
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Civil
Person commencing the action: Outcomes: Plaintiff
Criminal
Government
y Imprisonment y Damages y Specific performance y Fines y Good behaviour y Injunction bonds y Community service order
Standard of proof:
Burden of proof: