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CAF-04-Business Law > Chapter 1: Introduction to Legal System-Theory > Flashcards

Chapter 1: Introduction to Legal System-Theory Flashcards

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1
Q

Define Law.

A

Law means a set of rules designed and enforced by state to regulate the conduct of people, and businesses.
Laws may change from time to time, and country to country.
You must know law because ignorance of law is no excuse or defense.

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2
Q

Number of branches of law?

A

There are two major branches of law i.e. Civil Law and Criminal Law. Both deal with different areas.

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3
Q

Difference between Civil Law & Criminal Law. (6 Headings)

A
  1. Definition and Explanation
  2. Purpose
  3. Case filed by
  4. Burden of Proof
  5. Type of Punishment/Remedy
  6. Examples
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4
Q

Difference between Civil Law & Criminal Law.
1. Definition & Explanation.

A

Civil Law:
- Civil Law deals with disputes between persons regarding their legal rights and liabilities.
- Violation of civil law is a tort (a wrong-doing), but not a crime.
- Court does not punish wrong doer, rather imposes a settlement between parties (e.g. order of specific performance/injunction, or damages).
Criminal Law:
- Criminal law defines:
- which acts are offences (crimes),
- how suspects are investigated, and
- punishment for convicted.

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5
Q

Difference between Civil Law & Criminal Law.
2. Purpose.

A
  • Civil Law:
    Purpose is to provide compensation to injured party, or specific performance or injunction in a contract.
  • Criminal Law:
    Purpose is to regulate society by threat of punishment.
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6
Q

Difference between Civil Law & Criminal Law.
3. Case Filed By.

A
  • Civil Law:
    The claimant sues the defendant for harm caused.
  • Criminal Law:
    The State (Government) prosecutes the accused.
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7
Q

Difference between Civil Law & Criminal Law.
4. Burden of Proof.

A
  • Civil Law:
    A civil case is decided on the balance of probabilities that a person is liable.
  • Criminal Law:
    In criminal cases, burden of proof is much greater than in civil law cases. The guilt must be proved ‘beyond all reasonable doubts’.
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8
Q

Difference between Civil Law & Criminal Law.
5. Type of Punishment/Remedy

A
  • Civil Law:
    Financial compensation (for injuries or damages), order for specific performance or injunction. (No Imprisonment)
  • Criminal Law:
    A guilty defendant is subject to imprisonment or fines or death penalty.
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9
Q

Difference between Civil Law & Criminal Law.
6. Examples

A

Civil Law:
1. Company Laws
2.Mercantile laws
3. Family laws (e.g. divorce proceedings, child custody proceedings)
4. Property laws
5. Copyrights laws
6. Employment laws
7. Law of Tort (e.g. claims of defamation of character, claim for negligent behavior).
Criminal Laws:
1. Pakistan Penal Code (e.g. Theft, Robbery, Murder, Terrorism, Violence)
2. Anti-Money Laundering Act
3. Prevention of Electronic Crimes Act.

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10
Q

What is the application of law in business?

A

Usually matters relating to business come under civil law. However, in some situations, an action may be violation of Civil law as well as Criminal law e.g. Fraud, Money Laundering, or major accident of an airline company.

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11
Q

Study Tip. Names of two parties in all scenarios.

A
  1. The first party who files suit against other party. This party is called Claimant/Plaintiff (in civil case), or Complainant (in criminal case) or Appellant (in case of appeal).
  2. The second party who defends case. This party is called Defendant (in civil case), or Accused (in
    criminal case) or Respondent (in case of appeal),
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12
Q

What is Basis of Legal System of Pakistan?

A

The legal system of Pakistan is based on the Constitution of Pakistan 1973 as well as Islamic law (Sharia). The legal system is derived from English common law (including doctrine of equity).

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13
Q

List down Sources of law in Pakistan.

A
  1. Legislation
  2. Precedents: (i.e. case laws)
  3. Customs
  4. Agreement
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14
Q

Under Sources of Law in Pakistan, elaborate.
1. Legislation

A

It includes Acts by Parliament, Ordinance by President, and legislation by bodies to whom authority is delegated.

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15
Q

Under Sources of Law in Pakistan, elaborate.
2. Precedents: (i.e. case laws)

A

Precedents are judgments or decisions by Superior Courts, which are binding on subordinate courts in deciding identical cases.

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16
Q

Under Sources of Law in Pakistan, elaborate.
3. Customs

A

Certain customs and practices become so vital part of society that they are treated as if they were laws. In Pakistan, customary law has been replaced by Shariat Law.

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17
Q

Under Sources of Law in Pakistan, elaborate.
4. Agreement

A

When parties make agreement with each other on specified terms, this agreement becomes law for these parties.

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18
Q

Describe basic structure of Constitution of Pakistan.

A

The Constitution contains Preamble, 12 parts, 280 articles and 5 schedules.

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19
Q

What is Preamble?

A

It states objectives of the provisions of Constitution i.e.
To enable Muslims to live in accordance with Quran and Sunnah.
To enable minorities to practice their religion and culture.
It also guarantees safeguarding of fundamental and sovereign rights, safeguarding of
depressed classes, and independence of judiciary.

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20
Q

List down 12 Parts of Constitution of Pakistan.

A
  1. Introductory
  2. Fundamental rights and principles of policy.
  3. The Federation of Pakistan.
  4. Provinces.
  5. Relationship between Federation and Provinces.
  6. Finance, Property, Contracts and Suits.
  7. The Judicature.
  8. Elections
  9. Islamic Provisions
  10. Emergency Provisions
  11. Amendment of Constitution.
  12. Miscellaneous
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21
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
1. Introductory

A
  1. Name of country shall be Islamic Republic of Pakistan.
  2. Territories of Pakistan shall be 4 provinces, Islamabad Capital Territory, and FATA.
  3. Religion of state shall be Islam.
  4. State shall ensure elimination of all forms of exploitation.
  5. It is the right of every individual to get protection of law and to be treated in accordance with law.
  6. Every citizen should be loyal to state, and law-abiding.
  7. It defines high treason and its punishment.
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22
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
2. Fundamental rights and principles of policy.

A
  1. It defines State i.e. State means Parliament, Federal Govt., and Provincial Govt.
  2. Any law which is inconsistent with fundamental rights, shall be void.
  3. It defines procedures regarding arrest and detention.
  4. Slavery, child labor and forced labor are prohibited.
  5. Every citizen has right to enter into any lawful profession or business.
  6. State shall provide free and compulsory education to all children.
  7. There will be no discrimination in respect of access to public places.
  8. State will foster goodwill and friendly relations among all nations.
23
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
3. The Federation of Pakistan.

A

President:
This section describes:
1. Eligibility, terms of office, powers, removal of President.
2. Job responsibilities and limitations (e.g. acting in accordance with the advice of the Cabinet or Prime Minister).
Parliament:
1. This section describes Composition, duration and meetings of Parliament.
2. It discusses qualification and disqualification of membership of Parliament.
3. It also discusses legislative procedure of passing of bills.

24
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
4. Provinces.

A
  1. Composition and Functions of Provincial Assemblies, Provincial Governments, and Governors.
  2. Financial Procedures (e.g. Provincial Consolidated Fund and Public Account, Annual Budget, Statement of provinces)
25
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
5. Relationship between Federation and Provinces.

A
  1. It includes Distribution of legislative powers.
  2. Administrative relations between Federation and Provinces (e.g. obligations of Federation, and inter-provinces trade).
  3. Special Provisions (e.g. relating to Council of Common Interest, National Economic Council, broadcasting and telecasting)
26
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
6. Finance, Property, Contracts and Suits.

A
  1. It includes Distribution of Revenues between the Federation and the Provinces
  2. Imposition and exemption of certain taxes.
  3. Borrowing by Federal and Provincial Govt.
  4. Power and Functions of Auditor General of Pakistan.
  5. Provisions relating to Property, Contracts, Liabilities and Suits.
27
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
7. The Judicature.

A
  1. It includes Establishment, Jurisdiction and Functions of Courts (e.g. The Supreme Court of Pakistan, The High Courts, Federal Shariat Court)
  2. Provisions relating to Appointment, qualification, remuneration of judges.
  3. Other provisions e.g. Contempt of court, Supreme Judicial Council
28
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
8.Elections

A
  1. Formation and Duties of Election Commissions and Chief Election Commissioner.
  2. Electoral laws and Conduct of elections.
29
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
9.Islamic Provisions

A
  1. All existing laws shall be brought in conformity with the Holy Quran and Sunnah.
  2. An Islamic Council will be established. This section describes composition and functions of the Islamic Council.
30
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
10.Emergency Provisions

A

1.President may impose emergency due to war, or internal disturbance etc.
2. Fundamental rights may be suspended during emergency period.
3. Revocation of proclamation.

31
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
11.Amendment of Constitution

A
  1. This section describes procedure to amend the Constitution i.e. by Act of Majlis-e-Shoora (Parliament).
32
Q

Under 12 Parts of Constitution of Pakistan, list down what is included in,
12.Miscellaneous

A
  1. Establishment and constitution of Public Service Commission.
  2. Command and Functions of Armed Forces.
  3. Administration of Tribal Areas.
  4. Protection to President, Governor, Minister, national language etc.
33
Q

List down all schedules included in Constitution of Pakistan.

A

Schedules:
1. First Schedule describes “Laws exempted from application of Constitution”.
2. Second Schedule describes “Election of President”.
3. Third Schedule describes “Oaths of Office”.
4. Fourth Schedule describes “Legislative Lists”.
5. Fifth Schedule describes “Remuneration, Terms and Conditions of Services of Judges”.

34
Q

Describe Structure of Govt. of Pakistan.

A

Structure of Government:
Pakistan has a Federal Parliamentary System of Government in which:
- Prime Minister is the Head of Government, and
- President is the Head of State.
Prime Minister and President are elected by Parliament/Legislatures i.e.
- Prime Minster by National Assembly.
- President by Senate, National Assembly and Provincial Assembly.

35
Q

Write down all Functions of President.

A

Functions of President:
1. President is the head of the state and is considered a symbol of unity of republic.
2. President approves the statutes passed by National Assembly and Senate.
3. President guides the Prime Minister in the matters of national importance.
4. President acts in accordance with the advice of Prime Minister or Cabinet.
5. Prime Minister informs President about all matters of internal and foreign policy and bills to be sent to Parliament.

36
Q

How President is elected?

A

How President is Elected:
1. President must be a Muslim.
2. President is elected for a five year term by members of Senate, National Assembly and Provincial Assemblies. (majority party in National Assembly usually nominates President).
3. President is eligible for re-election, but no individual may hold office for more than two consecutive terms.

37
Q

Describe about Prime Minister.

A

Prime Minister (PM):
1. President calls a meeting of National Assembly in which MNAs nominate and elect Prime Minister by vote of majority.
2. President appoints Federal Cabinet (i.e. a council of ministers) on the advice of PM. This Cabinet assists PM.
3. These ministers are supported by secretaries and other government officers to ensure implementation of government policies.

38
Q

Describe Governing Structure/Legislative System of Pakistan.

A

Legislative System:
Pakistan’s system of legislation is based on Majlis-e-Shoora (Parliament), and consists of:
- President, and
- Two Houses i.e. National Assembly (called Lower House) and Senate (called Upper House).

39
Q

What is Role of National Assembly?

A

Most important function of National Assembly is law making and formulation of policies.

40
Q

How Members of National Assembly are Selected:

A
  • Seat for the national assembly are determined on the basis of population of provinces.
  • Members of National Assembly are selected by registered voters for a period of 5 years. There are also reserves seats for women and non-Muslims.
  • Among themselves, members select a Speaker, Deputy Speaker and Prime Minister.
41
Q

What is the Role of Senate?

A

Role of Senate:
1. All bills passed by National Assembly are also approved by Senate, except money bills.
2. Senate promotes national unity and remove fears of smaller provinces regarding domination by one province because of its majority in national assembly.

42
Q

How Members of Senate are Selected?

A

How Members of Senate are Selected:
- There are 104 senators. MPAs elect equal number of senators (i.e. 23) from each province. Other senators are selected from Islamabad, and other special categories.
- Senate is a permanent legislative body (i.e. it does not dissolve).
- Members are elected for a period of six years. Election of all members are not held at same time. Half members of senate retire after three years, and equal number of new senators are elected.
- Senators elect a Chairman (who is also ‘acting president’ in case of his vacancy) and a Deputy Chairman of senators.

43
Q

Under Process of Legislation, describe,
Process of Legislation when National Assembly is in session.

A

When national assembly is in session, every law is required to be passed by both houses, before approval of President.

44
Q

Under Process of Legislation, describe,
Origination of Bill.

A

A bill may originate in either house. If it is passed by the Originating House, it will be sent to Other House.

45
Q

Under Process of Legislation, describe,
Passing of Bill by Other House.

A

Passing of Bill by Other House:
1. If Other House also passes it without amendment, Bill is sent to President for final approval.
2. If Other House amends it, Bill is sent back to the Originating House for approval of
amendment.
- If Originating House approves amendment, Bill will be sent to President for approval.
- If Originating House does not approve amendment, bill will be considered in joint-sitting of both houses.
3. If Other House rejects Bill or does not pass it within 90 days, the Originating House may
request joint-sitting of both houses to consider the bill. If bill is passed by the majority of members present in joint-sitting, it will be sent to President for approval.

46
Q

Under Process of Legislation, describe,
Approval by President

A

Approval by President:
Within 10 days, President shall either approve the bill or shall send back to Parliament for reconsideration of any provision.
- If President approves a bill, it becomes an Act of Parliament.
- If president sends back the bill to Parliament, it shall be reconsidered in joint-sitting of Parliament. If it is again passed by the Parliament, President cannot refuse it now.

47
Q

Under Process of Legislation, describe,
Process of Legislation when National Assembly is NOT in session - Ordinance.

A

Ordinance is a bill which is passed by President without involvement of both houses. If National Assembly is not in session and it is necessary to immediately approve a law, President can pass an Ordinance. Such Ordinance shall have the same effect as an Act of the parliament.
Ordinance shall become void if not presented or passed within 120 days by:
- National Assembly in case of money bill, and
- National Assembly and Senate in case of other bills.
However, National Assembly can pass a resolution to:
- extend the period for another 120 days by passing a resolution.
- disapprove any ordinance. If so, ordinance shall expire on the day of resolution.

48
Q

Under Process of Legislation, describe,
Approval of Money Bill.

A

Approval of Money Bill:
- A money bill is originated and presented in National Assembly.
- A copy of money bill is also sent to Senate for recommendations. However, approval of Senate is NOT required, and money bill can be passed by National Assembly with or without incorporating recommendations of Senate.
- Then, it is sent to President for approval.

49
Q

Under Process of Legislation, describe,
Lapse of Bill on dissolution of National Assembly

A

Lapse of Bill on dissolution of National Assembly:
1. All bills pending in National Assembly shall lapse.
2. Bills pending in Senate:
- shall lapse if passed by National Assembly.
- Shall not lapse if not yet passed by National Assembly.

50
Q

What is Delegated Legislation?

A

In delegated legislation, power is given by Parliament to an executive (a minister or public body) to make bye-laws for specified purposes only.

51
Q

List down and elaborate Advantages of Delegated Legislation.

A
  1. Time Saving:
    It saves time for parliament as Parliament does not have to examine matters in detail, and concentrates on broad issues.
  2. Use of Expert Knowledge:
    Usually content of delegated legislation is of technical nature, which is better decided by professionals with sufficient technical knowledge on the subject.
    3.Flexibility:
    It is simpler to amend delegated legislation than to amend act of Parliament.
  3. Speed
    Process of Parliament takes lot of time. Delegated legislation allows rapid action to be taken in times of emergency.
52
Q

List down and elaborate Disadvantages of Delegated Legislation.

A
  1. Unconstitutional:
    Power of making law comes in the hands of unelected civil servants and experts, working under the supervision of government ministers.
  2. Bulk:
    There may be large number of law making, which will be difficult to manage and keep up-to-date.
  3. Loss of Accountability and Control:
    It becomes difficult to ensure accountability and control over so much powers given to executives.
  4. Control over Delegated Legislation:
    Following controls have been established to overcome the shortcomings of delegated legislation:
    4.1. Parliamentary Control:
    - Parliament can control by restriction and defining the power to make rules.
    - Any new legislation may be subject to approval by Parliament.
    4.2. Judicial Control:
    - If delegated legislation is ultra-vires, it can be challenged in the Court.
    - Court may declare such legislation void if objection is valid.
53
Q

Different legal terms.
1. Act of Parliament
2. Injunction

A
  • Act of Parliament: ((also called Statute):
    It is a law which is passed by Parliament (i.e. by both houses, and President).
  • Injunction:
    Injunction means an order of the court which prohibits a person to do a particular act.
    Suit for injunction means demanding court’s stay order.

CAF-04-Business Law (18 decks)

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