Found 1005 Articles for Legal Studies

The concepts of division of powers and separation of powers are essential constituents of modern democracies. These two concepts have dominated the political theories for centuries and have played an influential role in the distribution of political powers in states. Furthermore, though both the ideas seem similar to each other, there is a definite difference between the two which makes them absolutely different from each other. What is the meaning of Division of Powers? Division of Powers implies distribution of powers between different levels of government. The powers are divided between the Union and the State governments so that ... Read More

The defamation laws in the United States extend back to a case in 1734 that declared "The Truth" to be a complete defense against libel. Libel cases were not decided using the First Amendment, which was created to safeguard press freedom, creating disparate libel rules between states. Following the 1964 decision in New York Times Co. v. Sullivan, the only way public officials can prevail in a libel lawsuit is if they can show that the media outlet knew the information it published was incorrect or did so carelessly. What is the meaning of Defamation Law? Defamation is a ... Read More

The crime of killing someone has been the most leading part of a penal statute in all judicial systems across the world from ancient times. Though the act of killing someone is generally understood with a common perspective that it amounts to homicide (killing of a human being) however the Indian Penal Code of 1860 remarks a subtle distinction for its precise definition. The Code provides two types of unlawful homicides which are demarcated as culpable homicide and murder. Further, prima facie they might seem similar to each other, yet there is a sharp difference between the two ... Read More

The Constitution of India came into existence in 1950 while recognizing some vital rights of its citizens against the state and since then there have been more than hundred amendments to the Constitution, however, its essence and spirit are alive. The Constitution categories two types of rights which are named as Fundamental Rights and Constitutional Rights. The distinction is remarked on the basis of the significance and need of these rights in the country along with a necessary mechanism for their proper implementation and enforcement by the state machinery. What is the meaning of Constitutional Rights? There ... Read More

There are different Law Systems prevalent across the world which determine and set the essence, procedure and rules of the entire legal system of a country to complement its political-social-economic circumstances and to achieve its ideals. The Common Law System and Civil Law System are the widely prominent and prevalent traditions of the times which dominate the present legal structures of almost all the nations across territories. These traditions define the sources of laws and rules which govern the rights, duties and liabilities of people in a definite setting while also providing procedures and methods of their exercise. ... Read More

It is a reality that crimes are usually committed by a group of people instead of a single individual, therefore, the Indian Penal Code, 1860 provides for the concept of joint liability. It implies that when more than one person is involved either in the preparation or commission of an offence, then they both would be liable for the same. Although, there exists an exception to the fact that joint liability of all the people involved in crime would be determined on the basis of their intention, object, and participation. Hence, the liability can either be imposed uniformly ... Read More

Admission and Confession are parts of legal proceedings especially in a court of law as they are rules of evidence which plays the most significant part in establishing the claims of the parties concerned. Admission and Confession are basically statements of individuals in which they admit a particular fact which has an important bearing on the subject-matter of a case no matter whether it’s civil or criminal. Though they both are evidence however not all evidence is admissible, thus, only those which are acquired after a due compliance of the legal procedure and relevant to the case, are admitted in ... Read More

From the Latin for "something said in passing". A judge's declaration, recommendation, or observation in a ruling that is not necessary to resolve the case and is hence not legally binding in other courts but may be used as evidence in the future. Also known as judicial dicta, dictum, and dicta. Obiter dictum is also typically applied to dissenting opinions. Obiter dicta cover a wide range of topics, from criticisms of opposing viewpoints to explanations of hypothetical situations, legislation, or even facts. Legal academics frequently differ on the precise definition of dicta in contrast to pronouncements of conclusive ... Read More

Nunc Pro Tunc is a principle rule of judicial administration which is used across times to administer justice in its entirety to parties in a court of law. It’s a legal phrase which refers to an order of court which directs that its earlier ruling would be applied retroactively. Hence, its just a procedural formulation which seeks to cure a prior defect in order to protect the rights of parties. What is the meaning of Nunc Pro Tunc? The phrase Nunc Pro Tunc is a Latin maxim which is literally defined as “now for then”. It means that a present ... Read More

This Latin maxim directly translates to ‘no crimes without law.’ Englishmen, according to Dicey, are subject to the law and the law alone. An Englishman may face punishment for breaking the law, but he cannot face punishment for any other offence. This is supported by the fact that the accused person's life and freedom are at risk. It is crucial that he first determine where he is in reference to criminal law. Otherwise, it would be extreme cruelty to punish him for breaking that law. This security is almost universal in all civilised legal systems worldwide, including India, ... Read More