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Legal Method Notes

The document outlines the meaning, purpose, and functions of law, emphasizing its role in regulating behavior and maintaining social order. It classifies law into public and private categories and distinguishes between substantive and procedural law. Additionally, it discusses legal research and writing, highlighting the importance of statutes as written laws enacted by the legislature.

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rishalbairwa520
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18 views2 pages

Legal Method Notes

The document outlines the meaning, purpose, and functions of law, emphasizing its role in regulating behavior and maintaining social order. It classifies law into public and private categories and distinguishes between substantive and procedural law. Additionally, it discusses legal research and writing, highlighting the importance of statutes as written laws enacted by the legislature.

Uploaded by

rishalbairwa520
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Legal Method – Summary Notes

1. Meaning of Law
• Law is a body of rules recognized and enforced by the state to regulate human behaviour in
society.

• According to Salmond, law is the body of principles recognized and applied by the state in the
administration of justice.

• Main features: created or recognized by the state, regulates social relations, and enforced
through courts.

• The primary objective of law is to maintain order and achieve justice.

2. Purpose and Functions of Law


• Law establishes standards that guide acceptable behaviour in society.

• It maintains social order and prevents chaos.

• It provides a system to resolve disputes between individuals or institutions.

• It protects rights and liberties such as equality, freedom, and property rights.

3. Classification of Law
• Public Law deals with the relationship between the state and individuals. Examples:
Constitutional Law, Administrative Law, Criminal Law.

• Private Law governs relationships between individuals. Examples: Contract Law, Property Law,
Family Law.

4. Substantive Law vs Procedural Law


• Substantive Law defines rights, duties, and liabilities of individuals.

• Example: Indian Penal Code which defines offences and punishments.

• Procedural Law provides the method and process to enforce those rights in court.

• Examples: Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC).

• In simple terms: Substantive law explains what the law is, while procedural law explains how
the law is applied.

5. Legal Research and Writing


• Legal research involves identifying and analyzing statutes, case laws, and legal materials to
solve legal problems.

• It helps lawyers support arguments and understand legal principles.

• Legal writing is the structured way of presenting legal analysis clearly and logically.

• Predictive writing forecasts legal outcomes, while persuasive writing attempts to convince
judges or authorities.
6. Statutes
• A statute is a written law enacted by the legislature.

• The process: a bill is introduced, debated and approved by the legislature, and then receives
assent from the executive.

• Once approved, it becomes law and is included in statutory codes.

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