1.

Proposed Title of the Study

Classification of Law
2. Introduction

The law affects every aspect of our lives; it governs our conduct from the
cradle to the grave and its inuence even extends from before our birth to
after our death. We live in a society which has developed a complex body of
rules to control the activities of its members. There are laws which govern
working conditions (e.g. by laying down minimum standards of health and
safety), laws which regulate leisure pursuits (e.g. by banning alcohol on
coaches and trains travelling to football matches), and laws which control
personal relationships (e.g. by prohibiting marriage between close relatives).
So, what is law and how is it different from other kinds of rules? The law
is a set of rules, enforceable by the courts, which regulate the government of
the state and govern the relationship between the state and its citizens and
between one citizen and another. As individuals we encounter many rules.
The rules of a particular sport, such as the off-side rule in football, or the
rules of a club, are designed to bring order to a particular activity. Other
kinds of rule may really be social conventions, such as not speaking ill of
the dead. In this case, the rule is merely a reection of what a community
regards to be appropriate behaviour. In neither situation would we expect the
rule to have the force of law and to be enforced by the courts.
3. Operational Definition

There are various ways in which the law may be classied; the most
important are as follows:
o

Public and private law.

i.

Public law.

ii.

Constitutional law

iii.

Administrative law

iv.

Criminal law

v.

Private law

B). Criminal and civil law

i.

Criminal law

ii.

Civil law

iii.

Common law and equity

C). DOMESTICV and INTERNATIONAL LAW

Cases:

R.v.Smith(2007)S.C.C.141S.C.R.(2d)99

Hughesv.Rich(2006)B.C.S.C.15B.C.S.C.R(3d)49

4. Research Methodology

In conflict of laws, characterisation is the second stage in the procedure to

resolve a law suit involving a foreign law element. This is regarded as the
most important and difficult problem in conflict of laws as trade and travel
between states have become the norm and the effects of broken promises,
defective goods, traffic accidents, and marital squabbles are no longer
confined to the sovereign territory of one particular state or nation. But local
laws are usually enacted to satisfy domestic interests by legislators who
focus on keeping the support of their constituents rather than on
harmonising their own laws to conform to international principles. This
reflects a prevailing tension between legal unilateralism and multi
lateralism.
5. Literature Review

The study would be based on research material collected from primary as

well as Secondary Sources.
a. Primary Sources:

Nomita Aggrawal.

B.N.Tripathi

6. Research Methodology

A range of research methodologies is being used to conduct the research.

These include: a detailed literature review of issues and past work that has
been focused on pre-action obligations and protocols; a review of available
statistics from schemes that exist in the family and business sectors; a
quantitative and qualitative analysis of disputes finalised in a NSW scheme
and a Victorian scheme directed at Retail Lease Disputes in the pre-action
area (case study analysis); and direct interviews and focus groups held
with stakeholders who include disputants, representatives and those
involved in schemes or arrangements that exist outside the case study areas.
7. HYOTHESES

The hypothesis combined: a detailed literature review; a quantitative and

qualitative analysis of civil disputes finalised in the Supreme court of India
and direct interviews and focus groups with litigants, mediators and legal
representatives.
o

What is law?

Classification of law?

Is every one same in the eye of law?

Which kind of law is exercised in India?

8. Objective of the Study-:

The rule of law requires that people should be governed by accepted rules,
rather than by the arbitrary decisions of rulers. These rules should be general
and abstract, known and certain, and apply equally to all individuals.
Constitutional governments are based on a previous commitment to freedom
under the rule of law. The essential attribute of constitutionalism is a legal
limitation on government. Under constitutionalism, rulers are not above the
law, government power is divided with laws enacted by one body and
administered by another, and an independent judiciary exists to ensure laws
are administered objectively. An efficient and effective constitution allows
government tofunction to protect the lives and liberties of citizens without
violating the rights of some to provide gains to others.

9. Scope and Limitation

The extent to which a legal entity can commit a crime varies from country
to country. Certain countries prohibit a legal entity from holding human
rights; other countries permit artificial persons to enjoy certain protections
from the state that are traditionally described as human rights. Special rules
apply to legal persons in relation to the law of defamation. Defamation is the
area of law in which a person's reputation has been unlawfully damaged.
This is considered an ill in itself in regard to natural person, but a legal
person is required to show actual or likely monetary loss before a suit for
defamation will succeed.
10. Probable Outcome of the Study

In 2010, the United States Supreme Court rendered a decision that many
legal scholars describe as a victory for corporation rights. The decision,
Citizens United v. Federal Election Committee expanded the free speech
rights of corporations by holding that it is unconstitutional to prohibit legal
persons from engaging in election expenditures and electioneering. While
critics see this ruling as tantamount to allowing corporate-sponsored
candidates in the future, proponents argue that it is unfair to grant legal
personality that grants equal responsibilities but not equal rights.
11. Conclusion and suggestion.
The rule by which the rights of parties in a lawsuit are determined by a
judge's application of relevant statutes or legal principles to the facts of the
case that have been found to be true by the jury. The final judgment or
decree rendered by a court based upon the verdict reached by the jury.
Common law and equity are systems of law whose sources are the decisions
in cases by judges. Alongside, every system will have a legislature that
passes new laws and statutes. The relationships between statutes and judicial
decisions can be complex.
12. Bibliography

Claire Sellitiz and others, Research Methods in Social Sciences, 1962, p.50

Dollard,J., Criteria for the Life-history, Yale University Press, New

York,1935, pp.8-31.

C.R. Kothari, Research Methodology, Methods and Techniques, Wiley

Eastern Limited, New Delhi, 1988.

Marie Jahoda, Morton Deutsch and Staurt W. Cook, Research Methods in

Social Relations, p.4.

The Encyclopedia of Social Sciences, Vol. IX, Macmillan, 1930.