common law what is legislation and what law is about, Exams of Legal English

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“COMMON LAW FOUNDATION IN INDIA UNIT 3A Introduction First question which arise by listening legal system in mind is, what is law? In general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts. It & discipline in the society and regulates anti-social behaviors & maintains order am going to research. operate activities. As such two kinds of legal systems, which | worldwide to elaborate rights and responsibilities of citizens in a variety of ways, They are: ‘legislation and common law.’ My research basically aims at distinguishing the authority and relevance of both, Legislation and Common Law. It’s a vast topic to research upon but I am researching on the history and development of common law and legislation in India, The Indian legal system is based upon both legislation and common law. Legislation is also known as statutory law while common law is termed sometimes as case law. Legislation and common law are two very different legal systems. But in the present scenario convergence of both can easily be seen and felt as India is having both of them in its system. Common law, also known as case law, is law developed by judges through decisions of courts and similar tribunals. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions, If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. The principle by virtue of which this is followed is called stare decisis. On the other hand, legislation is relatively new concept in judiciary and these laws are made by legislature. A legislature is a type of deliberative assembly with the power to pass, amend, and repeal laws. It originated while setting up of democratic government. The reason for its development in a certain kind of government is because its application is possible in the presence of a governing body and as we are very much familiar with the fact that governing body is a primary feature of democratic state. Legislations are also known as statutory laws and they can be set down by the national, state legislature or local municipalities. Scanned by CamScanner td a