Hear you can take knowledge and basic tip for law. Hear I discuss subject wise law. Actually I include this topic half for people. Because many people don't know what the process solve this problem and what is the right. Lets see -
Domestic Law (Human Rights):
Right:
Right means a claim of some interests ad versed by an individual or a group of individuals which has either moral or legal basis and which is essential for his development in the society.
Human Right:
The term “human right” which does not mean any right is used in a special sense. Human rights are those of legal and moral rights which can be claimed by any person for the very reason that he is a human being. These rights come with birth and are applicable to all people throughout the world irrespective of there race, colour, sex, language or political or other opinion.
Fundamental Right:
Fundamental right is a technical one, for when certain human rights are written down in a Constitution and are protected by constitutional guarantees they are called fundamental rights.
18 Fundamental Rights have been enumerated in the Constitution commencing from Article 27 to 44. All of these rights are civil and political rights.
18 Fundamental Rights may be divided into two (2) groups –
1. Rights granted to all persons: Citizens and non-citizens alike. These are 6 rights enumerated in Articles 32, 33, 34, 35, 41, and 44 of the Constitution.
2. Rights granted to Citizens of Bangladesh only: These are 12 rights enumerated in Articles 27, 28, 29, 30, 31, 36, 37, 38, 39, 40, 42 and 43.
Distinction between Human Right and Fundamental Right:
1. All Fundamental Right are human rights but all human rights are not Fundamental Right.
2. The source of a Fundamental Right is the Constitution whereas the source of human rights is the international law.
3. Fundamental Rights have territorial limitations, but human rights no territorial limitations.
4. Fundamental Rights are protected by constitution, but there is no effective enforcement machinery for human rights.
5. Fundamental Rights are largely applicable to the citizens, but human rights are universally applicable to all human being.
Law of Contract:
Consideration must be realistic. Consideration need not be adequate. Consideration must be paid according, to the desire of the promisor.
All contracts are agreement but all agreement's are not contract . An agreement enforceable by law.
The essential elements of a contract-
1. Offer and acceptance
2. Consideration
3. Intention to create legal relations
4. Form
5. Capacity
6. Consent
7. Legality of object.
Who are incompetent to contract:
1. Minor or infant
2. Unsound mind person
3. Persons disqualified by law to which they are subject.
Minor's valid contract: Enforceable by law-
1. Contract of marriage
2. Contract of apprenticeship.
Free consent means: Not caused by-
1. coercion
2. Undue influence
3. Misrepresentation
4. Fraud
5. Mistake.
Jurisprudence:
Jurisprudence means Science of law or Knowledge of law. Jurisprudence is grammar of law.
Prof. Salmond: Law is the body of principles recognized and applied by the state or court in administration of justice.
Prof. Austin: Law is the commands of supreme authority.
Person: Mainly two type – (1). Legal person (2). Natural person
Legal person: Divided three classes – (1). Corporation. (2). Institution (3). Devotes Estates or Fund.
Corporation: Tow types- (1). Corporation Soul (2). Corporation Aggregate.
Natural person: All of human being. Must have this type characteristics –
a). Independent b). Maturity c). Sound mind d). Citizenship.
Test for a legal person :
a). Must have rights and duties.
b). Can sue or can be sued by its own name.
Legal History and System Of Bangladesh:
Supreme court: Have two division’s – a). Appellate division b). High Court Division.
Jurisdiction: Civil courts are three classes –
(1). Subject-matter: a). Move able b). Immovable property.
(2). Territorial.
(3). Pecuniary.
Criminal courts mainly two classes-
(1) Original or Court of 1’st instance.
(2) Appellate.
Special Courts: Three special courts –
(a) Small causes courts.
(b) Family Courts
(c) Village courts
Objects:
Civil suit: Establish the right and cost.
Criminal case: To convict the offender.
Writ:
According to Article 102 Of the Bangladesh Constitution. Origin in British Legal system. Mainly Five types of writ -
(1) Mandamus
(2) Prohibition
(3) Certiorari
(4) Habeas Corpus
(5) Quo worranto
Hearing or Evidence stage: Have four stages –
(a) Examination-in-chief
(b) Cross examination
(c) Re Examination-in-chief
(d) Further cross Examination.
Constitutional law of Bangladesh, UK and USA:
Fundamental Rights: 18 fundamental rights Article 27 to 44. All of these rights are civil and political rights. Divided into two groups-
(a) Rights granted to all persons (Article 32,33,34,35,41,44 of the constitution).
(b) Rights granted to citizens (Article 27,28,29,30,31,36,37,38,39,40,42 and 43).
Ordinance:
Only one difference. Act of parliament an ordinance may repeal parliamentary enactments.
Public International law:
International law two types- (a) Public and (b) Private.
Private: Always individual. Which involve a foreign element. Foreign element four types –
(a) Party.
(b) Cause of action.
(c) Subject matter (individual).
(d) Foreign decree or judgment.
Public: Two types –
(a) Universal.
(b) Regional.
Sources: National or Domestic Law sources-
(a) Legislation's.
(b) Custom.
(c) Precedent.
International law sources: ICJ article 38(1) -
(a) Conventions or contract or Treaty or Agreement.
(b) International custom.
(c) General principles of law.
(d) Judicial decisions.
Recognition: Four condition of statehood –
(1) People
(2) A territory
(3) A Govt.
(4) Sovereignty.
Apply two type theories –
(a) USA (Constructive theory).
(b) British (Declaratory theory).
Law of the Sea: Latest conventions is 1982 divided 7 classes –
(1) Base line.
(2) Internal water.
(3) Territorial sea.
(4) Contiguous zone.
(5) Exclusive economic zone.
(6) High sea or Open sea.
(7) Continental shelf.
Criminal Procedure code(Cr.P.C):
Police Power:
General power for police: Police can any person arrest without warrant, according to Criminal Procedure Code,1898 under section 54.
N.B: Protect Abused section 54, Case- Blast VS Bangladesh 55 DLR.
Special power of arrest: Section 55, 56, 57, 59, 64, 65, 66, 128, 151, 401(3).
Remand: Three types –
(1) Police custody: Section 167 before cognizance or during investigation.
(2) Judicial custody or Jail custody or person custody: Section 344 after the cognizance.
(3) Bail custody.
Appeal:
Appeal against acquittal or Conviction: Section 417.
Not apply Appeal:
Guilty pleader or Admission of guilty:
Magistrate court: Section 243 of Cr.P.C.
Sessions Court: section 265E of Cr.P.C.
Contempt of Court:
Types of contempt – (a) Contempt of the court of record: Two types – (1) HCD and (2) Appellate division.
(b) Under the contempt Act, 1962.
(c) Contempt under Penal court.
Another type of contempt:
(a) Civil contempt: 1). Family court and 2). Injunction.
(b) Criminal contempt.
Another type of contempt:
(a) Exfacie.
(b) Contructive.
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