Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Article 12: Defining "The State"

Key Principles of Article 12

• Inclusive Definition: Encompasses Government, Parliament, State Legislatures, local authorities, and other authorities.
• Purpose: Defines entities bound by Fundamental Rights in Part III of the Constitution.
• Judicial Evolution: Interpretation has evolved from narrow to broad.

The "Other Authorities" Test

Pradeep Kumar Biswas Test (2002)

• Focuses on Deep & Pervasive Control (DPC).
• Requires examination of cumulative facts showing financial, functional, and administrative domination.
• Control must be pervasive, not merely regulatory oversight.
• Refines the Ajay Hasia factors, emphasizing control.

Structuralism vs. Functionalism Debate

• Structuralism: Emphasizes formal links and control focus (dominant

Common Crime-Related Idioms

• Crime wave: A sudden increase in the amount of crime in an area.
• Pull a fast one: To trick or deceive someone.
• Face the music: To accept the unpleasant consequences of one’s actions.
• Do something by the book: To strictly follow the established rules.
• Get away with murder: To do something very bad without being punished.
• Bail out: To pay money to get someone out of jail.
• Serve/Do time: To spend time in prison.
• Catch someone red-handed: To catch someone in the act of doing something wrong or illegal.
• Crime spree: A series of crimes committed in a short period.
• Do a runner: To leave a place quickly to avoid punishment.
• Go straight: To stop being involved in criminal activities.
• Get off scot-free: To escape punishment for something.

The Concept of Law: Objective and Subjective

The law is traditionally taught in two senses. It can be understood in an objective sense, as the rule of law addressed to recipients to prescribe or impose a certain behavior. Alternatively, it can be understood in the subjective sense, as the possibilities for citizens to exercise powers for the satisfaction of certain interests, according to their own devices.

Technical Structure of Subjective Rights

• Subject: The presence of a subject is required for every right; that is, the person to whom the power belongs when the law is applied. The quality of the membership of the subjective right to a particular person is the title.
• Object: This is the holder of the outside world on which their power rests.

Uniform Civil Code in India

A common civil code, popularly known as the Uniform Civil Code (UCC), is a long-standing unresolved debate in independent India. This debate stems from Article 44 of the Indian Constitution, contained in Part 4 (Directive Principles of State Policy), which states the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India. Here, the term Uniform Civil Code (UCC) implies a set of common laws governing marriage, divorce, adoption, inheritance, and other such familial matters which would be applicable to all Indians, irrespective of their religion. Today, the members of each religious community follow their own respective sets of civil laws based on their religious history... Continue reading "Uniform Civil Code in India: History and the Shah Bano Case" »

A1. The Inquiry Process

• Legal Significance: The importance of key legal principles, cases, social forces, and events in the evolution of law.
• Continuity and Change: Analyze how and why laws, justice system structures, practices, legal precedents, and legislative agendas change over time.
• Interrelationships: How laws affect society and how society affects law.
• Legal Perspective: Applying principles such as fairness, justice, equality, the presumption of innocence, and the rule of law when analyzing legal issues and cases.

Types of Questions for Legal Investigations

• Factual: These questions examine the facts of an event or issue to provide background information (e.g., What are my rights under the Charter?).
• Comparative: These questions identify patterns

Principles of Natural Justice

Definition and Meaning

Natural Justice refers to the basic rules of fairness that authorities must follow while taking decisions affecting the rights of people.

Purpose: It prevents arbitrary, biased, and unjust decisions.

Main Principles of Natural Justice

1. Nemo Judex in Causa Sua (Rule Against Bias)

Meaning: No person should decide a case in which he or she has a personal interest.

Types of Bias

• Personal Bias: The decision-maker has a personal relationship with a party.
• Pecuniary Bias: The decision-maker has a financial interest in the case.
• Subject Matter Bias: The decision-maker is personally connected with the subject of the dispute.
• Departmental Bias: An officer favors his or her own department.
• Policy Bias: The decision-

Understanding the RERA Act 2016

The Real Estate (Regulation and Development) Act, 2016 (RERA) was a significant step toward regulating India's unorganized real estate sector. The Act acts as a guardian of homebuyer rights, protecting them from fraudulent builders and misleading claims.

What is the RERA Act 2016?

RERA was formulated to regulate India's previously unorganized real estate sector. In the absence of an efficient regulator, disputes between homebuyers and developers were on the rise. The Act addresses the concerns of developers, homebuyers, and realty agents. Projects registered under RERA are now preferred by homebuyers.

All real estate projects exceeding 500 sq m must be registered with the respective state authority. Builders must... Continue reading "Understanding the RERA Act 2016: Rights and Regulations" »

The Jury System: Pros and Cons

In criminal trials, particularly those seen on US TV, we watch juries struggling to decide guilt. However, in reality, some countries use juries while others do not. Are juries a good idea?

Arguments for Professional Judges

On the one hand, there are advantages to leaving important legal decisions to a professional judge. Jurors may not understand some aspects of a trial, such as complex legal arguments or forensic evidence. In addition, they might make hurried decisions because they've been forced to interrupt their lives for a trial and are impatient to return to their jobs and families.

Arguments for Trial by Jury

On the other hand, trial by jury means that defendants are judged by a group of their equals. Jurors... Continue reading "Public Safety, Privacy, and Justice: Debating Juries and Surveillance" »

1. What is the Bretton Woods system?

The Bretton Woods system was the international economic order created after the Second World War. Its aim was to avoid the economic chaos of the interwar period and to create stable international monetary and financial cooperation. It was based on cooperation between states, stable exchange rates, and new international institutions. The most important institutions were the IMF and the IBRD, later connected with the World Bank system. The general idea was to support monetary stability, reconstruction, development, and freer international trade.

2. What institutions were created in Bretton Woods?

The main institutions created at Bretton Woods were the International Monetary Fund (IMF) and the International Bank

Key Legal Terms Defined

Allegation:

A claim or assertion that someone has done something illegal or wrong.

Fugitive:

A person who has escaped from custody or is in hiding to avoid arrest.

Appeal:

A legal proceeding before a judge or other decision-making body.

Custody:

The legal control or guardianship of someone or something, often implying parental control.

Jurisdiction:

The authority of a court or legal body to hear and decide cases within a specific area.

Appellate:

Related to appeals in higher courts; reviews decisions.

Death Sentence:

A legal order authorizing the execution of a person.

Expropriation:

The act of a government taking private property for public use.

Felony:

A serious crime, such as murder or burglary, typically punishable by imprisonment