TABLE OF CONTENTS

1. INTRODUCTION…………………………………………………………………………………………………………………………
2. LAW
 Meaning
 Definitions
 Functions
3. TYPES OF LAW.............................................................................................................................................
 Constitutional Law
 Statutory Law
 Common or Case Law
 Civil Law
 Criminal Law
 Family Law
 Administrative Law
4. DISTINCTION BETWEEN CIVIL AND CRIMINAL COURT PROCEDURES……………………………………..
 Definition
 Starting Procedure
 Method
 Key Idea
 Civil and Criminal Procedures When Overlapping
 Concern
5. LEGAL PERSONNEL AND THEIR ROLES

- Outline on different types of Laws

- Comparison of the purpose of different types of Laws
- Dist. Between civil and criminal court procedures
- Identification of the role of legal personnel involved in the court process
- Comparison of the common and civil Law systems

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 INTRODUCTION
Law has different meanings as well as different functions. Many philosophers have considered issues of justice and
Law for centuries and several different approaches, or schools of legal thought, have come into existence. Law is the
result of political action, and the political landscape is vastly different from nation to nation. Unstable or
authoritarian governments often fail to serve the principal functions of Law.
As legal philosopher John Austin concisely put it, “Law is the command of a sovereign.” In other words, Law is only
Law, if it comes from a recognized authority and can be enforced by that authority, or sovereign—such as a king, a
president, or a dictator—who has power within a defined area or territory.
The philosophy of Law is called Jurisprudence. There are different schools of Jurisprudence (or philosophies)
concerning what Law is all about – Natural Law Theory (or Natural School of Jurisprudence), Analytical School of
Jurisprudence, Historical School of Jurisprudence, Sociological School of Jurisprudence and Realist School of
Jurisprudence.
There are several sources of Law including Legislation, Case Laws, Customs, Books of Authority etc. In international
legal systems, sources of Law include treaties (agreements between states or countries) and what is known as
customary international Law (usually consisting of judicial decisions from national court systems where parties
from two or more nations are in a dispute).
For example, in the United States today, there are numerous sources of Law. The main ones are Constitutions—both
state and federal, statutes and agency regulations and judicial decisions. In addition, chief executives (the President
and the various governors) can issue executive orders that have the effect of Law.
There are different Primary Laws which are essential in the working and order of a country - Constitutional Law,
Statutory Law, Common or Case Law, Civil Law, Criminal Law, Family Law and Administrative Law.
Apart from this, there are other vital people involved in legal proceedings who help in the court procedures. These
people – Magistrates and Judges, Lawyers, Paralegals, Legal Secretaries etc. – are called Legal Personnel. The role
of Legal Personnel in court includes representing and providing legal advice to their clients, presenting evidence and
arguments in line with the Law, examining witnesses to support their case, and ensuring a fair trial for their clients.
They are responsible for conducting legal research, drafting legal documents, providing administrative support, and
assisting in court proceedings.
In this project, I will be discussing :
1. Different Types of Laws
2. Comparison between the purposes of different types of Laws
3. Distinction between Civil and Criminal Court procedures
4. Identifying the roles of Legal Personnel in court proceedings
5. Comparison of Common and Civil Law systems

LAW - MEANING, DEFINITIONS AND FUNCTIONS

A. MEANING –
Law is a complex and multifaceted field that encompasses various branches and categories. The legal system
encompasses seven primary types of Law that form the basis for our understanding and application of justice. The
term ‘Law’ denotes different kinds of rules and Principles. Law is an instrument which regulates human
conduct/behaviour. It means Justice, Morality, Reason, Order, and Righteousness from the view point of the
society.
B. DEFINITIONS –
It is difficult to exactly define the term Law. Many Jurists attempted to define it in many ways and for the purpose of
clarity, some of the definitions given by Jurists in different Periods are categorized as follows –
 Idealistic Definitions :
1. Salmond defined Law as “the body of principles recognized and applied by the state in the
administration of Justice.”
2. In the words of John Chipman Gray, “the Law of the State or of any organized body of men is
composed of the rules which the courts, that is the judicial organ of the body lays down for the
determination of legal rights and duties.”
 Positivist Definitions :
1. John Austin defined Law as “an aggregate of rules set by men politically superior or sovereign to
men as politically subject.”
2. Holland defined Law as “a general rule of external human action enforced by a political sovereign.”
 Definitions by the Historical Schools of Law :
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 1. Savigin says that “Law is not the product of direct legislation but is due to the silent growth of
custom or the outcome of unformulated public or professional opinion.”
 Definitions by the Sociological Schools of Law :
1. Roscoe Pound defined Law as “a social institution to satisfy social wants.”
2. Ihering defined Law as “the form of guarantee of the conditions of life of society, assured by state’s
power of constrain.”
C. FUNCTIONS –
Laws perform various functions. One of the most accurate functions of Law were stated by Roscoe Pound, who
treated Law as a species of social engineering. The most basic and common function approved by jurists, is to ensure
well-being of the society by keeping order. The functions of Law in a society are much clearer than the functions of
Law in a general sense, which would rather be termed as the purpose of Law.
The main functions of Law can be said to be –
 Maintenance of Law and order in society
 Protection of Fundamental Rights
 Control of Political System
 The regulations of economic activity
 Regulations of human relations
 International relations

TYPES OF LAWS

The Indian legal system highlights various types of law in India. India maintains a hybrid legal system with legal
Framework inherited from the colonial era and various legislations firstly introduced by British.
There are seven types of Law – Constitutional Law (the supreme body of Law), Statutory Law, Common or Case
Law, Civil Law, Criminal Law, Family Law and Administrative Law.

A. CONSTITUTIONAL LAW –
 Constitutional law is a body of law which defines the role, powers, and structure of different entities within
a state, namely, the Executive, the Parliament or Legislature, and the Judiciary; as well as the basic rights of
citizens and, in federal countries such as the United States and Canada, the relationship between the central
government and state, provincial, or territorial governments.
 Examples of Constitutional Law include Individual Rights of the people (Right to Freedom of Speech, Right
to vote regardless of age and sex, etc.), Mandamus, Prohibition, etc.
 An example of a Constitutional issue is the debate surrounding the First Amendment and the extent to
which freedom of speech is protected.

B. STATUTORY LAW –
 A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically,
statutes command or prohibit something, or declare a policy.
 Statutory law, also known as legislative law, comprises written laws passed by legislative bodies such as
parliaments or congresses. These laws are enacted to regulate society and cover a wide range of areas,
including criminal offences, business regulations, tax laws and more. Statutory laws are codified and are
binding upon all citizens within the jurisdiction.
 Examples of Statute Law include The Indian Railways Act (1890), The Workmen's Compensation Act (1923),
The Trade Unions Act (1926), The Payment of Wages Act (1936), etc.

C. COMMON/CASE LAW –
 Case law, also used interchangeably with common law, is a law that is based on precedents – that is,
the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
 Examples of Case Laws are Harmeeta Singh v Rajat Taneja 102 (2003) DLT 822, Vikas Aggarwal v Anubha
(AIR 2002 SC 1796), etc.

D. CIVIL LAW –
 Civil law governs the relationships and disputes between individuals or entities that do not involve criminal
offences. It encompasses private matters, including contracts, property, family law, torts and more.

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 Civil law is codified and relies on a comprehensive set of statutes, regulations and codes that outline the
rights and obligations of the parties involved. In civil cases, the aim is to provide compensation or remedies
to the affected parties rather than impose criminal sanctions.
 Examples of Civil Cases are Family Disputes, Contract Disputes, Divorces, Property Damages, etc.

E. CRIMINAL LAW –
 Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful,
or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most
criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law
includes the punishment and rehabilitation of people who violate such laws.
 Criminal Law includes offences like Arson, Murder, Theft, Assault, Kidnapping, etc.

F. FAMILY LAW –
 Family law, body of law regulating family relationships, including marriage and divorce, the treatment of
children, and related economic matters.
 Family law shares an interest in certain social issues with other areas of law, including criminal law. For
example, one issue that has received considerable attention since the late 20th century is the very difficult
problem of violence within the family, which may take the form of physical violence by one adult member on
another or by an adult on a child or some other violent or abusive conduct within a family circle.
 In serious cases the only real solution may be to terminate cohabitation or to remove an abused child from
the family unit into some form of public or foster custody.
 Examples include Marriage, Domestic Violence, Divorce, Adoption, etc.

G. ADMINISTRATIVE LAW –
 Administrative law is a division of law governing the activities of executive branch agencies of government.
Administrative law includes executive branch rule making (executive branch rules are generally referred to
as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch
of public law.
 Examples include Civil Rights Act (1964), The Workmen's Compensation Act (1923), etc.

DISTINCTION BETWEEN CIVIL AND CRIMINAL COURT PROCEDURES

A. DEFINITION –
 Civil Procedure :
The civil procedure applies to the process where two parties bring a case to the court for a decision
on a particular matter. These matters can include divorces, estate distribution, injury cases, or even
matters such as discrimination in the workplace.

 Criminal Procedure :
The criminal procedure applies to the process where the state or federal government is arresting and
trying someone for a crime that was committed. The rules of civil procedure are different than that
of criminal procedures because the proceedings are different.

B. STARTING PROCEDURE –

 Civil Procedure :
To start a case in civil law, one needs to file a petition to the respective court or tribunal.
 Criminal Procedure :
To begin a case in criminal law, first of all, the complaint should be registered with the police who
investigate the crime, thereafter, a case is filed in the court.

C. METHOD –

 Civil Procedure :
Civil procedure dictates that a civil case must begin with filing a complaint. The complaint is served
to the offending party who then drafts and files an answer with the court. Anyone can be a party to a
civil case including people, businesses, and government entities. Civil cases still have some
Constitutional protection in place. For instance, the parties to a case must file and receive the
consent of the court in order to start the discovery process.
 Criminal Procedure :
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 A criminal investigation begins with a crime happening. The police determine suspects and start
questioning people. In order to question anyone or go into anyone’s home, the police must obtain a
warrant from a judge. If a warrant is not pursued, then the evidence and anything else that was
found as the result of that piece of evidence is all thrown out. During a criminal trial, the state or
federal government is accusing a person or people of the crime. If the accused person cannot afford
an attorney, the criminal procedure requires that one is given to them through the public defender’s
office. Anyone who is accused and questioned is always reminded of their Constitutional rights,
including the right to meet with their attorney and the right to remain silent when questioned.

D. KEY IDEA –

 Civil Procedure :
The key idea to abstract from the civil procedure is efficiency. The rules of civil procedure are
designed to make the process efficient and smooth and prevent long trials where they are not
needed. This is possible because the only thing at stake for the defendant is money.
 Criminal Procedure :
The key ideal to abstract from criminal procedure is Constitutional protection. The rules of criminal
procedure are designed to protect an accused person’s Constitutional rights and prevent the
government from wrongfully or unfairly accusing and prosecuting someone of a crime. The reason
for these additional safeguards is that someone’s freedom and reputation are at stake in a criminal
trial.

E. CIVIL AND CRIMINAL PROCEDURES WHEN OVERLAPPING –

Civil cases involve disputes between (usually) private parties, while criminal cases are considered acts
against the city, state, county, or federal government. But some acts may result in both civil claims and
criminal charges. For instance, a person may be sued for the intentional tort of assault and/or battery, but
also may be arrested and charged with the crime(s) of assault and/or battery.

Also, there are times when a criminal act may give way to civil liability, such as when someone is charged
with homicide and also sued for wrongful death (which typically follows the completion of the criminal trial
process). As in the assault and battery example above, the criminal charges are punishable by fines, prison
time, and other penalties, while the lawsuit is focused on recovering money to compensate the victim (or the
victim’s family) for damages.

F. CONCERN –

 Civil Procedure :
Civil law is concerned with any harm or infringement of individual rights.
 Criminal Procedure :
Criminal law is all about the acts which law defines as offenses.

LEGAL PERSONNEL AND THEIR ROLES

A. MAGISTRATES AND JUDGES –

A magistrate decides cases in local court, while a judge decided cases in higher courts. In criminal cases a
judges role differs depending on whether he or she is sitting in a trial by jury or a summary hearing. In both
types of cases the Magistrate/Judge’s job is to ensure trial is conducted legally, decide questions which arise
about the law and impose punishment.

In a summary hearing they also decide the guilt or innocence of the accused. In trial by Jury, they explain
the law to the members of the jury and outlines the questions which must be answered by them for them to
reach a verdict.

B. PROSECUTORS –
 Police Prosecutor :
Specially trained police officers, present in the local court
 Director of Public Prosecution :
Crown prosecutor (Barrister), help the court discover the truth, not get a conviction, Non-political
appointment
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C. DEFENCE –
Represents the accused, counters the argument of the prosecution, and casts doubt in the mind of the
jury/judge/magistrate, Represents those granted legal aid.

D. CLERK –
Person who is responsible for the administrative work in a local court.

E. REGISTRAR –
Responsible for administrative work in a higher court.

F. TIPSTAFF –
Maintains order in the court and administers the oath to witnesses.

G. JURY –
Listens to the evidence presented in court, makes their own unbiased decision about the truth or honesty of the
testimony given by the witnesses to come to a decision, deliver a verdict on the guilt or innocence of the accused
on trial.

H. PARALEGALS –
A person who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with
an admission to practice law.

DIFFERENCES BETWEEN CIVIL AND COMMON LAW SYSTEMS

CIVIL LAW SYSTEM COMMON LAW SYSTEM

There is generally a written constitution based on There is not always a written constitution or codified
specific codes (e.g., civil code, codes covering laws
corporate law, administrative law, tax law and
constitutional law) enshrining basic rights and duties

Only legislative enactments are considered binding for Judicial decisions are binding – decisions of the
all. There is little scope for judge-made law in civil, highest court can generally only be overturned by that
criminal and commercial courts, although in practice same court or through legislation;
judges tend to follow previous judicial decisions
Less freedom of contract - many provisions are Extensive freedom of contract - few provisions are
implied into a contract by law and parties cannot implied into the contract by law (although provisions
contract out of certain provisions. seeking to protect private consumers may be implied)

CONCLUSION
In conclusion, this project has shed light on the multifaceted landscape of law, offering a comprehensive
understanding of its various dimensions. Exploring the diverse types of laws, from criminal to civil, has
underscored the intricacies of legal frameworks that govern societies worldwide. The distinction between civil
and criminal court procedures further highlights the nuanced approaches to justice and resolution of disputes
within judicial systems.
Moreover, delving into the roles of legal personnel has elucidated the critical functions performed by
professionals such as judges, lawyers, and paralegals in upholding the rule of law and ensuring fair and
impartial proceedings. Additionally, the juxtaposition of common law and civil law systems has underscored the
contrasting principles and methodologies employed in legal systems across different regions.
By synthesizing these key concepts, it becomes evident that the study of law is not merely an exercise in
understanding rules and regulations but a reflection of societal values, norms, and aspirations for justice and
order. As we navigate the complexities of legal frameworks, it is imperative to recognize the significance of legal
principles in shaping our collective governance and fostering a just and equitable society.

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