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Published byClaude Sharp Modified over 6 years ago
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LAW Rule of the game Elusive term, which defy comprehensive definition
Ranges from scientific laws to religious laws, civil law to criminal law, national law to international law
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In its broader sense it means rule of all kinds of actions whether animate or inanimate,
rational or irrational and in its narrower sense it confines only to human actions
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DEFINATION Personal rule of conduct enforced through authority, society or custom (based on reason) Law is reason and what is not reason is not law
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Source / Origin Precedent Customs / Conventions Travel / Invasion
(decision / action taken whether right or wrong) Customs / Conventions (accepted practice / way of doing things) Travel / Invasion
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Basis Presumptions in “Romanian Law”
1. Every person is innocent unless proved guilty 2. Every person is sane and responsible for his actions “EXCEPTIONS” age, disease, drug 3. Benefit of doubt to accused
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Shariat--Martial--Necessity Personal rule of conduct
Facets / Types of Law Shariat--Martial--Necessity Statue Common Personal rule of conduct Civil Criminal
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Common Law Found in books & journals Universal applicability
unwritten law, enforced through customs which prevail in society. Found in books & journals Universal applicability
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Statute Law written law, enforced through authority (state). It is defined and codified in sections and than made law by ascent of the parliament or decreed by a ruler Act/ordinance
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Criminal Law Deals with community as a whole and is mandatory to be observed by all There is total prohibition of certain acts i.e. murders, violence, RTAs. It is enforced through punishments (fine, imprisonment, death) It is for better government / law & order situation
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Civil Law Deals with private / civil rights of individuals or group of individuals (companies) in a particular state or nation. Provide remedies for personal sufferings i.e. husband and wife dispute (divorce), landlord and tenant dispute, doctor and patient dispute (medical negligence), industrial disease / injury, poisoning
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Shariat Ordinance 1988 Declare Shariat as the supreme source of law in the country and the grand norms of guidance for policy and law making by the state 1- Islamic ideology council 2- Federal judicial academy 3- Commissions to organize the economic and education systems on Islamic lines
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TYPES OF LAW COURTS Shariat Court is a place where
People bring their grievances (Against others )to seek remedies Criminal Civil In special circumstances there are Martial Law Courts, Speedy Trial Courts and Anti -Terrorist Courts etc.etc
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Jurisdiction of criminal / civil courts
Three levels
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(Area / illaqa) original
Court of first instance (Area / illaqa) original Criminal cases magisterial courts magistrate Civil cases civil judge courts civil judge
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Court of second instance (District) original + appeal
Criminal cases District and session judge Civil cases District and session judge Appeals District and session judge
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Court of third instance (Province) original +appeal
Criminal cases Judge of the High Court Civil cases Judge of the High Court Appeals Judge of the High Court
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Jurisdiction of shariat Court (Area / illaqa) (District) (Province)
(Qazi Court) (Shariat Court) (Shariat Bench)
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Powers of the court Enormous as they can call any witness including medical practitioner to come and give evidence as their evidence is important for the decision of the case through SUMMON, WARRANT, WRITTEN PROCLAMATION
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Types of trials Legal Procedure
Trial with jury Trial without jury Legal Procedure Record keeper Judge Typist / Clerk Reader Law officers Prosecution / Complainant Defense / Accused Waiting Advocates Public Seats
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Principles guiding the courts to
arrive at a decision Proceedings in court in the light of civil / criminal procedure code and evidence act (Allegation -- Evidence to support or rebut the allegation --Onus of proof -- Judgment / Implementation of law --Conclusion)
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