BASIC LEGAL CONCEPTS
LAW .John Austin's definition: Law is a command issued from a Sovereign Sir John Salmond's definition: Law is the body of principles . Oxford dictionary: The system of rules which a particular country or power to an inferior and enforced by coercion recognized and applied by the State in the administration of justice. community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Broadly classified into Substantive Laws & Procedural Laws.
RIGHT - Right means a power, a privilege. Right has been defined as that, which a person is entitled to have or to do or receive from other:s within the limits prescribed by law. Characteristics 1. It is vested in a person, who is the owner of the right. 2. It obliges the person, on whom the right is vested, to undertake a act or to avoid an act through omission or by commission in favour of the person. 3. It is enforceable by law. 4. It avails against a person, upon whom lies the co-relative duty.
DUTY - A duty is an obligatory act; it is an act opposite of which would be a wrong It means a human action, which is in accordance with the laws which require us to obey them . It may be positive or negative. Positive duty is when a person is obliged to do an act and negative duty is when a person has to abstain from doing an act. . A duty can be moral or legal.
PERSON - The word is derived from the Latin word 'persona' and originally conveyed the meaning of human being A person is any being whom the law regards as capable of rights or duties, whether a human being or not. Persons are of two kinds:- natural & legal. A legal personality is an artificial creation of law, ex: a corporation, company, association, etc. Unborn person - has the capacity to acquire certain rights, but the rights are available to him subject to his being born alive. Hindu Idol - is a Juristic person. It possesses judicial status capable of suing and being sued. It can hold property, but a pujari or someone acts on his behalf as a guardian,Poorsn
STATE . It is a body of people occupying a definite territory and politically organized under one government. According to Article 12 of the Constitution of India, the term 'State' can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government
JURISDICTION It means the extent of the power of a court to administer justice with reference to 1. Subject matter, 2. Pecuniary value and 3. Local limits Courts have original or appellate jurisdictions or both If the court, without jurisdiction, passes an order or judgement, that judgement or order is null or void, even though it may be technically correct.
AMICUS CURIAE 13 Amicus Curiae is a legal Latin phrase, literally translated as "friend of the court" that refers to someone, not a party to a case, who volunteers to offer information on a point oflaw or some other aspect of the case Amicus Curiae is one who voluntarily or on an invitation of the court and not on the institution of any party, helps the court in judicially proceedings. Amicus Curiae educates the court on points of law that are in doubt or raises awareness about some aspect of the case that the court might otherwise miss The person is usually, but not necessarily, a lawyer & is usually not paid for his/her expertise. -The role of an amicus is often confused with that of an intervener who has a direct interest in the outcome of the lawsuit. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest. Ex: civil rights, capital punishment,environmental protection, gender equality, etc. The decision on whether to admit the information lies at the discretion of the court
LEGAL HEIRS In general sense, a legal heir is one who inherits, or is entitled to inherit, the property or title of another, who is usually an ancestor. India, legal heir of a deceased person who has died intestate(i.e. without making a will - When the deceased person leaves a will, the legal heirs will be those named in the will.
LEGAL REPRESENTATIVES .A legal representative means a person who in law represents the estate of the deceased person and includes any person whc intermeddles with the estate of the deceased. Where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued is the legal representative. vdininistrator of an estate or a court appointed .A person who oversees the legal affairs of another. Examples include the executor or administrator of an estate or a court appointed guardian of a minor.
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