CMA Foundation Law Introduction Notes PDF
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These detailed notes cover the introduction to law, including branches like civil and criminal law, sources like legislation and judicial precedents, and the legislative process in India. The document also explains legal methods, the Indian court system, and primary and subordinate legislation. Important concepts such as rights, duties, and liability are also discussed.
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CMA Foundation - Law Introduction Chapter (Detailed Notes) 1. Meaning of Law: Law refers to a set of rules and principles regulating the behavior of individuals and institutions in society. It ensures justice, security, and fairness among the members of the community. 2. Branches of Law: - Civi...
CMA Foundation - Law Introduction Chapter (Detailed Notes) 1. Meaning of Law: Law refers to a set of rules and principles regulating the behavior of individuals and institutions in society. It ensures justice, security, and fairness among the members of the community. 2. Branches of Law: - Civil Law: Deals with the rights and duties of individuals among themselves. - Criminal Law: Relates to acts that are offenses against the state or society, punishable by law. - Constitutional Law: Governs the structure and functioning of government institutions. - Administrative Law: Concerns the actions and decisions of government agencies. - Contract Law: Deals with the agreements made between individuals or entities. 3. Sources of Law: - Legislation (Statutory Law): Law made by the Parliament or state legislatures. - Judicial Precedents (Case Law): Legal principles derived from past judicial decisions. - Customary Law: Unwritten rules that have become law through long-standing traditions. - Personal Law: Laws governing family matters, often based on religion. - International Law: Governs relations between countries. 4. Legislative Process in India: 1. Introduction of Bills: - Bills can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). - Types of bills: Ordinary bills, Money bills, and Constitutional Amendment bills. 2. Three Readings of a Bill: - First Reading: Introduction and publication of the bill. - Second Reading: General discussion on the bill, followed by clause-by-clause consideration. - Third Reading: Final consideration and voting on the bill. 3. Passing the Bill: - After being passed by both Houses, the bill is sent to the President for assent. - Once the President gives assent, the bill becomes law. 5. Legal Methods and Court System in India: 1. Legal Methods: - Understanding legal language and principles. - Application of statutory interpretation, rules of evidence, and reasoning in legal decision-making. 2. Court System in India: - Supreme Court: The apex court of the country. Decisions are binding on all courts. - High Courts: Present in each state or group of states. - Subordinate Courts: Include District Courts and other lower courts dealing with civil and criminal cases. 6. Primary and Subordinate Legislation: 1. Primary Legislation: - Laws passed by the Parliament or state legislatures (Acts, Statutes). - Represents the highest form of legal authority. 2. Subordinate Legislation: - Laws made by executive authorities under powers delegated by primary legislation. - Includes rules, regulations, orders, and notifications issued by ministries or government departments. 7. Importance of Law: - Ensures social order and justice. - Protects the rights and freedoms of individuals. - Provides a framework for dispute resolution. - Encourages compliance through penalties and enforcement mechanisms. 8. Basic Concepts of Law: - Rights and Duties: Rights are legal entitlements, and duties are obligations imposed on individuals by law. - Liability: Legal responsibility for one's actions or omissions, leading to penalties or remedies. - Person: Can be natural (human beings) or legal (companies or corporations) under law.
