Understanding Legal Terms: Latin & English

Latin and English Terms for Law

• Latin term for law is "jus"
• English term for law is "laws"

Meaning of Law

• The word "law" has different meanings in different languages.
• English uses "law," "statutes"
• In Hindu mythology, it's "Dharma"
• In Islamic countries, it's "Hukum"
• French: "loi" or "droit"
• German: "Recht"
• Italian: "Diritto"
• Spanish: "Derecho"
• Roman: "lex" or "jus"

Definition of Law

• According to Salmond, law is the body of principles recognised and applied by the state in the administration of justice.
• Law is not just might alone, but a perfect combination of the two.
• It's the rules that are recognised and acted on by courts of justice.

Definition of Law (Alternative perspectives)

• According to Austin, law is a command of a sovereign.
• According to Pound, law is a body of principles recognised and enforced by public and regular tribunals in the administration of justice.
• According to Roscoe Pound, law is a system of rights and obligations enforced/applied by the state.
• According to Gray, law is whatever the judges say it is.
• Law of the State is a body of rules which the courts of that State recognise as being bindin.
• According to Cohen, law is not a homeless wonderer; it is a phase of human life located in time & space.

Functions of Law

• To prescribe duties for people regarding others
• To define the liberty or freedom to act or not to act
• To alter existing legal situations
• To achieve legal goals
• To define legal terminology
• To justify or clarify legal relationships
• To formulate principles, doctrines and standards

Types of Law

• Based on Application

  • General law (applicable throughout the country)
  • Special law (applicable in specific localities or under special circumstances)

• Types of Special Law

  • Local law
  • Foreign law/conflict of law
  • Martial law
  • Conventional law
  • Autonomic low
  • Prize law

• Based on Nature

  • General law
  • Special low

Specific Types of Law

• Statute law
• Equity law
• Common law

Special Types of Law

• Local law
• Foreign law/conflict of law
• Martial low
• Conventional low
• Autonomic low
• Prize low

Military Law

• Military law governs the military force
• Martial low suspends normal law & establishes a temporary govt in times of civil war, invasion or rebellion

Conventional Law

• Established through agreements/conventions
• Legal rules are rights and duties (part of civil law).

Autonomic Law

• Laws made by organizations
• Private persons/sovereign bodies.

Prize Law

• A part of international law
• Deals with the legality of ships/cargo captures during war

Classification of Law (in widest sense)

• Imperative Law (positive law, rules imposed by a legislature)

Unwritten Law (Jus Non Scriptum, Jus Naturae)

• Body of the person, physical force or compulsion is essential for enforcement of the law
• A breach of law results in suffering which is called a sanction
• Physical or scientific law - based on natural/scientific phenomena, universal applications.
• Natural law - or Moral law, Divine law, Universal law (Jus gentium), Eternal law (lex Aeterna), Law of reason, Common law. Written or unwritten (ius commune).
• Law of nature is written by fingers of nature

Constitutional Law

• Principles governing the relationship of the sovereign body & its subjects
• The state's sovereign powers
• Rules that govern each other within the sovereign body

Administrative Law

• Rules of conduct for administration of state's executive departments
• Power structure, function, & limits of the organs of administration.
• Procedures to be followed while exercising power
• Legal remedies for breached rights and duties

Criminal Law

• Defines offences & punishments for offences that violate State peace.
• Considered wrong against society & State
• State initiates proceedings for the wrong.

Private Law

• Regulates relationships of citizens with each other
• Matters of dispute between individuals are judged by analyzing the principles of private law
• Types of Private Law:
  • Law of persons
  • Law of property
  • Law of Obligations
  • Law of Contract
  • Law of Tort
  • Family law

International Law

• Rules binding on civilised states in their interaction.
• Based on customs, usages, conventions, and principles of international treaties.
• Laws governing between nations

Sources of Law

• Formal sources of law: law created by state
• Material sources of law: causes, reasons, customs, traditions, usages, need

Custom as a Source of Law

• A rule of conduct observed spontaneously and in pursuance of law, set by political superior
• An embodiment of principles commended as just / public utility
• Custom is a social phenomenon arising from force & necessity

Essentials of Valid Custom

• Immemorial antiquity
• Continuous
• An Obligatory force (duty & obligation)
• Certain (definite facts)
• Consistency (doesn't conflict with other local customs)
• Reasonableness

Conformity with Enacted Law

• A custom must comply with existing laws, it cannot overrule them.

Custom and Public Policy

• Custom must accord with public policy and reasonableness

Types of Custom

• Custom with sanction
• Custom without sanction

Precedent (Judicial Precedent)

• Statements of law found in judicial decisions
• Those of superior courts (high courts) bind subordinate courts
• Used for resolving disputes where no legislation exists.
• Kinds of Precedents:
  • Original precedent
  • Declaratory precedent
  • Authoritative precedent
  • Persuasive precedent

Ratio Decidendi

• Rule of law applied by a judge to decide the facts of a case
• Crucial part of a judicial decision cited by subsequent cases.

Obiter Dicta

• Judge's observations related to the decision
• Not essential, but persuasive to subsequent cases

Doctrine of Brospective Overruling

• Judicial overruling
• SC applied to the 1st, 4th, and 17th constitutional amendments

Legislation as a Source of Law

• Formal utterance of the legislative organ of the government
• Legislation is an enactment of the will of the sovereign power
• Legislation is created by a competent authority to declare legal rules

Types of Legislation

• Direct/Supreme legislation
• Indirect/Subordinate legislation
• Colonial legislation
• Statutory legislation
• Executive legislation
• Judicial Legislation
• Municipal legislation
• Autonomous Legislation
• Delegated Legislation

Equity as a Source of Law

• Derived from Latin
• Removes defects in law and adds justice/fairness.
• Equity follows common law but can overrule or change it

Principles of Equity

• Equity will not suffer a wrong without a remedy
• Equity follows the law
• He who seeks equity must do equity
• He who comes to equity must come with clean hands.
• Equity looks on that as done which ought to have been done
• Delay defeats equity
• Equity is equity
• Equity looks to the intent rather than the form
• Equity imputes an intention to fulfill an obligation
• Equity acts in personam
• Where the equities are equal, the first in time prevails

Common Law

• Fundamental legal system
• Based on customs and precedents

Origin of Common Law in India

• Emerged during the British colonial era
• Different legal systems existed previously (Islamic & Hindu)
• British courts & judicial rulings shaped Indian law

Features of Common Law in India

• Adversarial system
• Judicial precedents bind lower courts
• Doctrine of judicial review
• Doctrine of the rule of law

Rule of Law

• No one is above the law
• No arbitrary authority
• Protection of individual's rights essential

This quiz explores the terminology and definitions related to law in both Latin and English, including various interpretations from different perspectives. Dive into the meanings of law across cultural contexts and recognize its role in justice according to various theorists.