Identification of actual problem & provisions of law applicable to the matter
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
- Death sentence
- Life imprisonments
- Imprisonment a) rigorous b) simple
- Forfeiture of property &
- 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
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