chp#1 Flashcards
Define Law.
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.
Number of branches of law?
There are two major branches of law i.e. Civil Law and Criminal Law. Both deal with different areas.
Difference between Civil Law & Criminal Law. (6 Headings)
1.Definition and Explanation
2.Purpose
3.Case filed by
4.Burden of Proof
5.Type of Punishment/Remedy
6. Examples
Difference between Civil Law & Criminal Law.
1. Definition & Explanation.
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.
Difference between Civil Law & Criminal Law.
2. Purpose.
1.Civil Law:
Purpose is to provide compensation to injured party, or specific performance or injunction in a contract.
2.Criminal Law:
Purpose is to regulate society by threat of punishment.
Difference between Civil Law & Criminal Law.
3. Case Filed By.
1.Civil Law:
The claimant sues the defendant for harm caused.
2.Criminal Law:
The State (Government) prosecutes the accused.
Difference between Civil Law & Criminal Law.
4. Burden of Proof.
*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’.
Difference between Civil Law & Criminal Law.
5. Type of Punishment/Remedy
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.
Difference between Civil Law & Criminal Law.
6. Examples
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.
What is the application of law in business?
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.
Study Tip. Names of two parties in all scenarios.
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),
What is Basis of Legal System of Pakistan?
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).
List down Sources of law in Pakistan.
1,Legislation
2.Precedents: (i.e. case laws)
3.Customs
4.Agreement
Under Sources of Law in Pakistan, elaborate.
1. Legislation
It includes Acts by Parliament, Ordinance by President, and legislation by bodies to whom authority is delegated.
Under Sources of Law in Pakistan, elaborate.
2. Precedents: (i.e. case laws)
Precedents are judgments or decisions by Superior Courts, which are binding on subordinate courts in deciding identical cases.
