These past decisions are called “case law”, or precedent. Stare decisis—a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions.

How is statutory analysis different from case law?

Statutory analysis begins with a rule, the statute itself. It also may examine other sources, such as case law, that interpret the meaning and application of a statute. In contrast, case-law analysis first requires practitioners to identify a rule.

What is the relationship between case law and common law?

In the common law, the rules of today are to a high degree derived from preceding decisions of courts in similar past cases. If a judge, or any other person, wants to deter- mine the answer to a legal question, he reviews past judicial decisions and analogizes them to the facts of the current case.

What is the main difference between case law and statutory law?

Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

What is the difference between statutory law and constitutional law?Statutory Law?

While the Constitution applies to government action, statutes apply to and regulate individual or private action. A statute is a written (and published) law that can be enacted in one of two ways.

Identification of case law or decided cases 

1. By statute approach ;generally cases are filed challenging the applicability of the section , rule,para of schedule etc. of statute or enactment. 
2. By topic approach ;case law can be identified on the basis of subject matter based on topic .The case law can be headed as cases of hindu law , labour law, patent law,banking law ,etc .
3. By case method approach ;if any case has been cited in any other case, the original case be studied in detail to find out the relevancy of it to the present case. This type of study has two objects ;

!) to know if there are any later rulings on the subjects 

2) to know the standing statutes of the case selected and sought to be used.  

Examples ;

1. Ak gopalan vs state of madras{AIR 1950 SC 27} 
2. Joginder kumar vs state of up {1994 (2)no 7 ,662}

Analysis of case law ;

Principles of analysis ;the analysis should contain 

1 the information relating to the plaintiff and respondent. 

2. The facts which are case which are raised by the plaintiff 

3 the points of judgment given by the court. 

The analysis should be brief and contain all relevant information regarding the case.  

 Problem means difficulty .Some problems can be forced by themselves and be solved .Some problems can be solved with decisions of state organs .The problems of legal nature have to be solved through courts. Legal problems are connected with law that is something effectual and proper and which the courts of judicature of the country will recognize and enforce. When a client approaches an advocate has to identify the actual problem.

Classification of legal problems .

The legal problems can be divided into four 

1) Problem relating to rights 

2) civil problems

3) criminal problem  

4) specific problem 

1)problem relating to rights 

Rights represent basic values cherished by the people of India since the vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extentIndian constitution contains fundamental rights , whenever there is a problem relating to rights ,he can seek redressal or relief by filing a writ in the supreme court or a high court of his state.

 2) civil problem ;

Civil law is body of principles .decisions;enactments made ,passed or approved by the legally constituted authorities or agencies in a state, for regulating rights ,duties & liabilities and enforced through the machinery of the judicial processes.civil law concerned with the enforcement of private rights and obtains compensation for private wrongs .

The procedure which the courts of civil jurisdiction should follow in cases of inheritance,succession ,property,and negotiable instruments ,etc .

The aim of the code is to provide a simple and expeditious procedure for doing justice between the parties and to remove the hardships created in the dispensation of justice and to maintain the free,uninterrupted justice.

Some of the acts example ;

The hindu marriage act 1955

Land acquisition act  

Limitation act 

Negotiable instruments act 

 Specific Relief act

easement act 

  3) criminal problem

Criminal problems are related to criminal law .It deals with the laws relating to crimes. 

 A crime is  an act deemed by law to be harmful to society in general ..even though its immediate victim is an individual .A crime is an act or omission which is prohibited by law as injurious to the public and punished by the state 

Criminal law defines offenses and prescribes punishments for them .its aim is the prevention of and punishment for offenses ..criminal law is necessary for the maintenance of order & peace within the state. 

Criminal problems can be categorized as offenses as given below 

Offenses against human body           e,g; murder ,rape ,kidnapping etc 

Offenses against property                 ;eg ; theft,extortion ,robbery, dacoity .etc

 Offenses against to marriage            eg ; ;bigamy ,adultery etc 

 Offenses against to state or public    eg;  sedition ,waging of war against govt ,

  Offenses against public tranquility   eg; unlawful assembly ,rioting etc 

The criminal law provides the following punishments for different problems 

1. Death sentence 
2. Life imprisonments 
3. Imprisonment a) rigorous b) simple 
4. Forfeiture of property &  
5. Fine 

Specific problems 

Problems creap in social relations while dealing with each other .

Trade &   commerce ,production of goods and intellectual property etc. facing many problems and Hence many acts are there to regulate these problems .for example 

Contact act 

Sale of goods act 

Arbitration and conciliation act 

LaboUr act, &  environment act

Introduction

The power of attorney (POA) or letter of attorney is a document that enables one person to represent another in private matters, business contracts, or some other matter on another’s behalf. The individual who authorizes the action is referred to as the principal.  Agents, attorneys, or in certain common law jurisdictions, attorneys-in-fact have authority to act.

The term “power” originally referred to an instrument that was signed under seal, whereas the term “letter” referred to a document that was signed by two individuals. However today a power of attorney does not need to be signed under seal. While some jurisdictions require that powers of attorney be notarized or witnessed, others will enforce them if they are signed by the grantor.

It is an authority imposed on an agent by the principal allowing the said agent to make decisions on his/her behalf. The agent can receive limited or absolute authority to act on the principal’s behalf on decisions relating to her property or finances. A POA is common when a person is incapacitated and unable to make their own decisions.

A power of attorney comes into play in the event that the principal is incapacitated by an illness or disability. The agent may also act on behalf of the principal in case the person is not readily available to sign off on financial or legal transactions.

The power of attorney lapses when the creator dies, revokes it, or when it is invalidated by a court of law. A POA also ends when the creator divorces a spouse charged with a power of attorney or when an agent is not able to continue carrying out outlined duties.

Types of Powers of Attorney

 1. General Power of Attorney

The general power of attorney is a broad mandate that gives an agent a lot of power to handle the affairs of a principal. The agent or the person designated to act on behalf of the principal is charged with handling several tasks. The tasks include buying or disposing of real estate or even entering into contractual relationships on the principal’s behalf.

2. Limited or Special Power of Attorney

An individual looking to limit how much the agent can do should choose limited or special power of attorney. Before signing to notarize a limited power of attorney, a person needs to be as detailed as possible about how much the agent should handle. If an individual is not clear what should fall under the special power of attorney, it is best to speak to a legal counsel.

3. Durable Power of Attorney

The durable type of power of attorney is only effective during the period a person wishes to get someone else to act on his or her behalf. A non-durable POA will end the moment it is revoked or when the expiration date specified arrives. However, what will happen in the event the agent becomes debilitated? Will the POA still be applicable?

In such a case, the principal would prefer that the POA remains active even if he or she becomes unable to communicate. For example, if the principal becomes comatose, but would prefer that the spouse be the agent, it can be specified in the form of a durable power of attorney. The POA gives power to the spouse to make decisions even when the principal is comatose.

4. Medical or Healthcare Power of Attorney

If the principal becomes very ill, he or she reserves the right to decide the quality of care preferred. Medical or health care POA authorizes the agent to make decisions on behalf of the principal in case of a life-threatening illness. Most health POAs fall under the durable kind because they take into consideration the fact that the principal may be too sick to make their own decisions.

Rights of power of attorney

1. The attorney may, however, carry out all of the authorized activities, but only in a certain manner, provided the power of attorney so specified.
2. The right to take legal action on the Principal’s behalf, and must sign all necessary legal documents.
3. Receiving income on behalf of the Principal. 
4. Decision-making authority in matters of personal, business, or investment affairs.
5. The authority to create bank accounts, make

1. cheques, and sell property on behalf of the Principal.
2. A solicitor should always be consulted if there is any uncertainty about the power of attorney’s language.
3. The attorney must also operate in the principal’s best interests.
4. An agent may make decisions on behalf of the principal, such as paying the principal’s rent or mortgage, hiring workers to maintain the principal’s home, or hiring an attorney to represent the principal. 
5. In a health care power of attorney instrument, an agent has a responsibility to behave responsibly in regards to their principal’s health care desires. Even if the parties have opposing moral positions, the agent must operate in accordance with the principal’s intentions.
6. The principal can allow an agent to handle a variety of activities through one or more powers of attorney, including entering into contracts, dealing with real and personal property, administering the principal’s financial and tax affairs, and arranging for the principal’s housing and health care.
7. All financial transactions must be accurately recorded in the power of attorney’s books and records. The word accurately recorded implies that not just pertinent receipts, but also a complete transactional history of all transactions performed by the power of attorney, must be kept.
8. Expenditures are made from the person’s property for the support, education, and care of legal dependents.
9. Right to handle, compromise, resolve and modify all real estate-related issues.
10. Right to Lease, collecting rentals, granting, bargaining, selling, or borrowing and mortgage.
11. Right to sell all of your stocks, bonds, and other investments.
12. The attorney has the authority to sign all tax returns, insurance papers, and other documents before filing them.
13. Right to make, sign, execute, and deliver any contract, agreement, or document; to enter into contracts and to perform any contract, agreement, writing, or item; to create, sign, execute, and deliver any contract, agreement; to acknowledge any contract, agreement.
14. Right to make decisions about the donor’s or his minor children’s health care.

Limitation of power of attorney

1. An attorney must not go beyond the scope of the power of attorney. If the attorney goes above his or her powers, he or she may be held responsible for any harm the donor or others incur.
2. The attorney will be responsible to the donor if he breaches any requirement unless he behaves reasonably.
3. At any moment, the POA cannot delegate authority to another Agent.
4. After the Principal’s death, the POA is no longer able to make legal or financial decisions, and the Executor of the Estate assumes control. 
5. Following the Principal’s death, the POA is unable to disburse inheritances or transfer assets.
6. The POA has no authority to alter or nullify the Principal’s  Will or other Estate Planning papers.
7. The POA cannot alter or breach the provisions of the nomination paperwork; otherwise, they risk being held liable for fraud or carelessness.
8. The POA cannot act in any way that is not in the best interests of the Principal.
9. The POA will not be able to make decisions until the agreement is in force; conditions will be imposed with the approval of the Agent and Principal.
10. Unless the Principal is in excellent physical and mental health, the POA cannot be lawfully chosen.
11. The POA is not allowed to use the Principal’s assets or money as if they were their own.
12. The POA cannot be paid more than the amount stipulated in the POA agreement.
13. In addition, the agent must avoid any potential conflicts of interest. Unless the principal and the agent mutually hold the property before writing the power of attorney, the agent cannot commingle or merge their property with the principal’s property.

Meaning of legal digests 

Legal digests are a systematic arrangement of concise summaries of the facts and holdings of a case that are pertinent to the point of law under which it is indexed and the reference to the source from which the summary has been taken. 

Legal digest is an index to reported cases ,providing brief facts of the cases, which is arranged by subject and subdivided by jurisdiction and courts .

Case digests are multi-volume sets arranged in alphabetical order by subject and are used to find case law on very specific legal topics. Digests can also be used for locating cases that have defined specific legal terms or to find the citation to an opinion when only the names of the parties are known.

What is the difference between a digest and a reporter?

This digest feature provides citations to cases that have defined legal legal terms and phrases. Organized like a dictionary — look up the term alphabetically; you will find cases that DEFINE THOSE WORDS. Reporters contain the full text of published court opinions.

Headnote 

Before a case is published in a reporter ,an editor reads the case and selects the important issues of law. For each major issue the editor then writes a short description  called a head note. These head notes are typically found at the beginning of each opinion & help the reader to determine quickly the issues discussed in the case.

Key number 

When writing the headnotes the editor gives each one a headline .The editor will assign the headnote a specific  sub -topic .This subtopic is represented  by a number called a key number .Each topic and key number combination represents a unique point of law .

Legal digest and indexes in india 

Legal Digest in India compiles all reported cases on particular subjects of law .

A.I.R published digests of the case law it published fifty years digests & fifteenyears digest . madras law journal ltd publishes yearly digest,

There are also digests of cases relating to particular subjects such as labour law digests, company law digests ,income tax digest etc .

The digest contains cumulative indexes .In the cumulative index all the material is listed subject wise . there are 1) index to indian legal periodicals;

 2) index to foerign legal periodicals .these index help to the cases relating to particular subject 

Methods of Art of using a digest 

There are two methods to consult a digest 

1. Topic method  ;try relevant topic heading and pull the volume, read the topic outline ,examine the scope note, subject included & analysis sections to identify the best key number (sub topic) .and check the pocket part for updates .
2. Case method ; if you already know of the caseby the names of parties which is pertinent to your topic,search its citation and identify the relevant head notes .
3. If you have followed the index number system , find out the volume with the help of the index number & trace out the case.

Reading headnotes and cases

Once you have a topic and key number ,

Go to the particular digest published for the jurisdiction to search .

Find out the correct volume that includes the topic for your key number

Once you have found the correct volume in the digest set ,go to the topic and then the sub-topic

Check the specific key number for cases

Where do we find legal material

There are two major sources 1) law library 2) Inter Net

1) law library contains highly specialized material such as commentaries of renowned authors, statutory law reports of decided cases, digests, legal encyclopedias & law lexicons.

Encyclopedias 

The contents of encyclopedias are arranged in alphabetical order, covering all topics. They are a treasure house of knowledge on various subjects of law.

Halsbury’s law of England is the most important set of encyclopedia which gives details and dates of the law on a particular subject.  & universal ‘s encyclopedia of important central acts and rules; malik & Manchanda’s complete digest of supreme court cases & encyclopedia of statutory rules and central acts are some of the legal encyclopedias published in India. 

Dictionaries  

General & in addition to the standard unabridged dictionaries of the English language, dictionaries that serve a special purpose of interests .there are many separate dictionaries of legal terms and phrases. such as the law lexicon of P. Ramanatha Aiyar published by Wadhwa,  burrow’s words & phrases; blacks law dictionaries, etc 

Books of eminent authors on different legal subjects  

Legal libraries contain books written by different authors for the reference & research it is also one of the sources to find out the legal material 

Legislative material 

Acts, rules, notifications, orders etc. of government and state governments. 

Official reports, legal journals

Legal libraries subscribe to official gazettes of the government of India and state governments, national and international legal magazines & journals

Digests  

Libraries have a legal digest of air and madras law journal of India and digests of other countries.

2) internet 

We can get information relating to national and international statutes, agreements, and details of case laws relating to particular issues with the use of (dot) com online stores through different websites with the help of computers. 

Ex; law.Cornell. edu 

The materials used for legal research are generally divided into two broad categories: primary sources and secondary sources. 

 Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations.  

Secondary legal sources may restate the law, but they also discuss, analyze, describe, explain, or critique it as well.  Secondary sources are used to help locate primary sources of law, define legal words and phrases, or help in legal research.

Primary law consists of sources that state the actual law.  These sources include:

1. Constitution (either federal or state)

2. Statutes (laws enacted by legislatures); municipal codes (enacted by local councils)

3. Cases (opinions handed down by courts)

4. Rules and Regulations (established by administrative government agencies)

5. Treaties

Secondary Sources ; Primary legal materials are written in precise legal language, to limit ambiguity in court and are not easy reading. Make use of secondary sources (which summarize the main points and comment on the primary sources) to help clarify things for you. These include:

Books about the law – the library has an extensive collection of law books (both printed and electronic). You can find these by searching the Library Catalog.

• Reference books about the law – can be very useful for helping you to understand legal language (e.g. Mens rea). 
• Journal articles about the law – the library also has a large collection of legal journals (both printed and electronic).
• Newspaper articles about the law – if the legal issue you are interested in has been in the news than newspaper articles could be extremely useful. Newspaper articles and news sources should always be supplemented by more academic material.
•  

Legal notice is a document which is sent by a lawyer on the instructions of his client to a person (legal or natural) and through this document the opposite party is informed about the intention of the party sending the notice to initiate legal proceedings against them for the grievances and difficulty caused to them.

Is the issuance of Legal Notice obligatory?

Essentially, as per Section ‘80 of the Code of Civil Procedure, 1908’, it is necessary to serve a legal notice before the filing of a suit if the opposing party is a State or Public officer. But, in general, it is seen that Advocates serve legal advice ere the filing of all the Civil cases. Nevertheless, it is not mandatory to provide legal notice in all civil cases except in case of the filing of a suit facing a Government or Public officer. Still, formally it has been sent by the party planning to sue. In India legal notice is considered to be the first step involved in legal proceedings. It is often regarded and said by the top Supreme Court lawyers in India that legal notice creates the basis of almost every legal action in India.

The list of things to be mentioned in a legal notice are:

1. The name of the parties: It is mandatory to mention in a legal notice the name and address of the party to whom the notice is to be sent.

2. Facts and grievances caused: The legal notice consists of the facts and the grievances of the sender of the legal notice in points and paragraphs.

3. Compensation: After the facts, a certain amount of compensation if any is claimed for the inconvenience caused. Sometimes an alternative mode of redressing the dispute is also mentioned in the notice. It is important to note that the laws under which compensation is claimed are to be mentioned in the notice.

4. Signature: lastly, in the end, the signature and stamp of the lawyer who is sending the legal notice on behalf of is the client is to be affixed

It is important to note that a legal notice is only sent in civil cases and not in criminal cases. A legal notice is sent under section 80 of the Code of Civil Procedure.

Mostly a legal notice is sent in following cases

1.Property disputes

2.Notice by employer

3.Notice by employee

4.Cheque bounce

5.Breach of contract

6.Consumer complaints

7.Recovery of moneylender section 80 of the Code of Civil Procedure

The legal notice format for all the above mentioned cases is the same. Notice is mostly sent through a registered post but the same can also be delivered in person. Nowadays a trend of sending legal notice through online modes is also witnessed. However, it has the same effect as that of a notice sent through post or delivered in person. The basic objective of a legal notice is to inform the opposite party about the intention of taking a legal action.

SIGNIFICANCE OF LEGAL NOTICE

In current times when courts are overburdened with cases, the quickest remedy to resolve legal issues is to do amicable settlement through negotiation, mediation, or arbitration. It is essential to issue a legal notice because:-

• By sending a legal notice, the Sender indicates his intention to settle the matter amicably outside the court to the Addressee. 
• Through the legal Notice, the plaintiff conveys all his grievances to the accused in a detailed and written manner.
• Legal Notice gives an opportunity to both parties to settle their issues through the Alternative Dispute Resolution (ADR) mechanism. 
• Last but not least, it saves them time and money for both the parties involved.

An appeal is a tool given to the parties of a case to ensure justice is served and all the parties are satisfied by the judgment. After hearing all the parties in a case, a competent court pronounces the judgment and if the parties are not satisfied with the judgment they have a right to appeal to a higher court. Such an appeal would give the aggravated party another opportunity to present their case to a higher authority or the Appellate Court who would judge the case with a fresh perspective and if there are any wrongdoings, they would be corrected. When the verdict is unreasonable or not supported by evidence, or when there is miscarriage of justice on any grounds, then such a verdict can be appealed.

Object and scope of appeals

Appeals from convictions

Defendants convicted of an offence are not always satisfied with the judgment and may think they have been wrongfully convicted. In such circumstances, they may ask a higher court to review the judgment or order passed under Section 374 of the code. The typical hierarchy of the state consists of:

• The Trial Court or Court of Session;
• The High Court;
• The Supreme Court.

Appeal to the Court of Session

As per Sec. 374 (3), when an order or decree for conviction is made in a trial conducted by Metropolitan Magistrate or Assistant Session Judge or Magistrate of the first class or Magistrate of the second class, then the convicted may appeal to the Court of Session. If a sentence for conviction is made under Sec.325 of the code, i.e after referring to the Chief Judicial Magistrate, then such conviction can also be appealed to the Court of Session. Lastly, when a convict is released on probation of good conduct or after admonition under Sec.360 of the code, the order may be appealed to the Court of Session.

Appeal to the High Court

According to Sec.374 (2) of the Code, any person convicted may appeal to the High Court against a judgment passed by the Sessions Judge or an Additional Sessions Judge or on a trial held by any other court wherein a sentence of imprisonment for 7 years or less was passed. For instance, when a judgment is passed by the Sessions Judge, imprisoning the defendant for 5 years, then such a defendant can appeal to the High Court if he thinks the judgment was unfair.

Appeal to the Supreme Court

Section 374(1) of the Code, allows any person convicted by the High Court in its extraordinary original criminal jurisdiction to appeal for the same in the Supreme Court of India. According to

Sec.379 of the Code, where the High Court on appeal, reverse an order of acquittal of the defendant and convicted him with imprisonment for not less than 10 years life imprisonment or death penalty, the convict may appeal to the Supreme Court.

SUSPENSION, REMISSION AND COMMUTATION OF SENTENCE

Suspension means to take or withdraw the sentence for the time being. It is the temporary postponement of the sentence. Remission implies reducing the period of a sentence without changing its character. Commutation denotes the substitution of a form of punishment for a lighter one.Article 72 and 161 of the Constitution of India, the President and Governor can grant pardon, to suspend, remit or commute a sentence passed by the courts.

In addition to the above constitutional provisions the Criminal Procedure Code, 1973 (Cr. P.C) provides for Suspension, remission and commutation of sentences. Sections 432, 433, 433A, 434 and 435, empower the government to suspend or remit sentence. Further, Sections 54 and 55 of the Indian Penal Code (IPC) confer power on the appropriate government to commute sentence of death or sentence of imprisonment for life as provided therein. Section 54 of the Indian Penal Code 1860 empowers the appropriate Government i.e. the Central Government in the case of an offence committed in the Union Territories, and State Government in case of an offence committed in the States, to commute i.e. to change a punishment to one of a different type than the originally awarded the sentence of death to any other punishment provided under the Code. The powers vested under Section 55 can be exercised by the Government on its own initiative with no application by the accused in question.

 COMMUTATION OF SENTENCE

In contrast to Suspension and Remission, which only affect the duration of the punishment without interfering with the nature of the punishment, Commutation, on the other hand, changes the nature of the punishment and converts it into a less severe form of punishment. There is nothing to restrict the government from commuting a sentence, even if it is as low as a fine. Under Section 433 of the CrPC, the appropriate government gets the power to commute the sentence in an appropriate case. Various sentences are eligible for commutation, one of them is death sentence i.e.mercy plea.

• Death sentence to any other punishment provided in the. I.P.C.
• Imprisonment for life to any other imprisonment not exceeding fourteen years or fine.
• Sentence of rigorous imprisonment for simpler imprisonment which the person has been sentenced or a fine.
• Sentence for a simple sentence to a fine.

Jurisprudence is a very important subject. It is the main base of the Law. jurisprudence is the study of law. jurisprudence is the study of the theory of law. jurisprudence is a philosophy and science. The word jurisprudence has been derived from the Latin word “Jurisprudentia”, which means “Knowledge of law”, jurisprudence made up of two word “juris” and “prudential ”.The Latin word juris means “Law” and Prudentia means “Knowledge ”.There for jurisprudence means “knowledge of law”. Jurisprudence is like a mirror which shows the provision of the law.

• Jurisprudence = Juris + Prudentia Law + Knowledge = The Knowledge of Law Jurisprudence = The Knowledge of Law .

• Jurisprudence is essential for the practical applicability of law in society.
• Many Juris call jurisprudence as the eye of law because it gives a basic idea and fundamental concepts of law.
• Jurisprudence helps lawyers and judges in the interpretation of rules and regulations passed by the legislature.
• Study of jurisprudence helps law students to prepare them for good civil life by studying law to various aspects.
• Jurisprudence is the study of fundamental legal principles, that may be a) philosophical b) scientific c) historical. The law civil, criminal, constitutional, administrative, military must have some foundation. What is based on wisdom is profound and lasting; what is based on justice will be respected for ages; what by jury speaks of truth will withstand all obstacles

CONVENTION

The word convention means the person has been convicted finally. It is an act of legal tribunal adjudicating a person guilty of an offense.it means that a verdict of the jury or the sentence of the court.

SENTENCE

A sentence is a judgment on convention for crime.  It is the judgment of the court. Pronouncement  by the judge of the penalty or punishment as the consequences to the defendant of the fact of his guilt.