Documente Academic
Documente Profesional
Documente Cultură
Dr Monika Jain
government toward business; the historical development of this attitude; current trends of public control in taxation, regulation of commerce and competition; freedom of contract, antitrust legislation and their relationship to marketing, mergers and acquisitions; and labor management relations.
of the state that seeks to provide justice, stability and security in the society. It assures uniform application of the laws by regulating the behavior and interactions of individuals against each other.
What Is Law?
Law consists of rules that
regulate the conduct of individuals, businesses, and other organizations within society. It is intended to protect persons and their property from unwanted interference from others.
Purpose of Law
To maintain status quo in society
ensuring stability and security of social order, enable individuals , maximum of freedom to assert themselves and determine the sphere within which the existence and activity of each individual will be secure and free
Functions of Law
Keeping the peace Shaping moral standards Promoting social justice Maintaining the status quo
Functions of Law
Facilitating orderly change Facilitating planning Providing a basis for compromise Maximizing individual freedom
Advantages of Law
The principle of law provide
uniformity and certainty to the administration of justice The existence of fixed principles of law avoids the dangers of arbitrary, biased and dishonest decisions The fixed principles of law protect administrators of justice from the errors of individual judgment
Sources of Law
Formal sources- law derives its force and
validity from the time immemorial
resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
Treaties
A treaty is a
FUNDAMENTAL DUTIES It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India;
Fundamental duties
d) to defend the country and render national
service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
FUNDAMENTAL DUTIES
(f) to value and preserve the rich heritage of our
composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
FUNDAMENTAL DUTIES
(i) to safeguard public property and to
abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement.
National law
National law is the law of the land. The
constitution of India is the supreme law of the nation. It provides the rights, duties, and the liberties of the citizens. The laws made by the state exercising their legislative powers under the constitution have to be in consonance with those of the supreme law
International law
While the national law is the law of a nation
,also known as municipal law, International law is the law of nations. Where as International law is the body of rules which are legally binding on states in their intercourse with each other. International law is considered to be a weak law because it is not founded on the sovereign authority
International Jurisdiction
A jurisdictional principle of international law which holds that every country has jurisdiction over its citizens no matter where they are located
International Jurisdiction
International Jurisdiction
Doctrine of Comity
Doctrine of Comity A jurisdictional principle of international law which holds that there must be mutual respect for the laws, institutions, and government of other countries in the matter of jurisdiction over their own citizens
International Jurisdiction
Doctrine of Comity
Act of State Doctrine A jurisdictional principle of international law which holds that all acts of other governments are considered to be valid by U.S. courts, even if such acts are illegal or inappropriate under U.S. law
International Jurisdiction
Doctrine of Comity
Treatment and Rights of Aliens Countries have the legal right to refuse admission of foreign citizens and to impose special restrictions on their conduct, right of travel, where they can stay, and what business they may conduct Nations also can deport aliens
International Jurisdiction
Doctrine of Comity
Forum for Hearing and Settling Disputes U.S. courts can dismiss cases brought before them by foreigners; however they are bound to examine issues such as where the plaintiffs are located, where the evidence must be gathered where property to be used in restitution is located
High court Subordinate courts---- Civil courts-Metropolitan, City civil courts, Court of small causes
Criminal courts-District, Sessions,
Magistrate courts
(The bench on which a judge or other presiding officer sits in court ) Central administrative Tribunals Industrial Tribunals Labor Tribunals. Consumer dispute redressal Tribunals
Civil Law
It
governs the litigation arising between individuals over properties, monetary affairs, partnership, accident cases etc, The Nature of penalty is civil in nature. Liability to compensate the affected party will be in the monetary form
Criminal law
In criminal cases, the government
for violation or injury to public rights files suits. The State takes initiative to file the case. Criminal law governs cases arising out of theft ,murder, cheating etc., The nature of punishment is monetary and imprisonment, and capital punishment in rare cases.
Prevention
Managerial participation
Comes from English law Foundation of legal system United States Canada England Australia New Zealand
nonsocialist countries
France Some Latin American countries Louisiana in the U.S.
BUSINESS ENVIRONMENT
characteristics and policies of the political parties, the nature of the Constitution and government system and the government environment encompassing the economic and business policies and regulations. These factors may vary very considerably between different nations, between different provinces of the same nation and also over time.
Functions of State
In most modern economies the states regulatory role
is now broader and more complex than ever before, covering such areas as the environment and the financial sector, as well as more traditional areas such as monopolies. The design of regulation needs to fit the capability of state regulatory agencies and the sophistication of markets, and give greater emphasis to personal responsibility.
Functions of the State (Adopted from World Bank, World Development Report, 1997)
Impact of State