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Legal Concepts Detailed Class Notes

The document outlines core legal concepts relevant to law school, including the Rule of Law, distinctions between ownership and possession, and the principles of Actus Reus and Mens Rea. It also discusses the differences between public and private law, sources of law, rights and duties, and the relationship between law and morality, supported by case law examples. Key principles are illustrated with references to Indian law and landmark cases.

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34 views2 pages

Legal Concepts Detailed Class Notes

The document outlines core legal concepts relevant to law school, including the Rule of Law, distinctions between ownership and possession, and the principles of Actus Reus and Mens Rea. It also discusses the differences between public and private law, sources of law, rights and duties, and the relationship between law and morality, supported by case law examples. Key principles are illustrated with references to Indian law and landmark cases.

Uploaded by

khushiglahoti
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Core Legal Concepts – Law School Class Notes

1. Rule of Law
- Concept originated in England, developed by A.V. Dicey.

- Key principles: Supremacy of law, Equality before law, and Constitution as a result of
ordinary law.

- In India: Enshrined in the Constitution (Preamble, Article 14, Article 21). Applied in cases
like Kesavananda Bharati v. State of Kerala.

2. Ownership vs Possession
- Ownership: Complete legal right over property, including right to possess, use, and
transfer.

- Possession: Physical control over a thing, may or may not include ownership.

- Difference: A tenant possesses but doesn't own; landlord owns.

- Legal relevance: Transfer of title, property disputes, adverse possession.

3. Actus Reus and Mens Rea


- Actus Reus: Physical act or omission prohibited by law.

- Mens Rea: Guilty mind or criminal intent.

- Both are necessary to constitute a crime (e.g., theft requires intention and act).

- Indian Example: Section 300 IPC (Murder) includes both mental intent and the act.

4. Legal Person
- Legal Person: Entity with legal rights and obligations.

- Natural persons: Human beings.

- Juridical persons: Corporations, companies, trusts.

- Companies can sue/be sued, own property, and enter contracts.

5. Public vs Private Law


- Public Law: Governs relationship between individuals and the State (e.g., Constitutional
Law, Criminal Law).

- Private Law: Regulates relationships between private individuals (e.g., Contract Law,
Family Law).
- Difference lies in nature of parties and purpose.

6. Sources of Law
- Legislation: Statutes made by legislature (e.g., IPC, Indian Contract Act).

- Precedent: Judicial decisions (e.g., binding under Article 141).

- Custom: Long-standing usage recognized by law.

- Justice, equity, and good conscience also used as residual source.

7. Rights and Duties


- Rights: Legally protected interests (e.g., Right to Freedom).

- Duties: Obligations imposed by law (e.g., Duty to obey law).

- Correlation: No right without duty (Hohfeldian Analysis).

- Types: Fundamental Rights, Legal Rights, Moral Rights.

8. Law vs Morality
- Law: Enforceable by courts, codified, carries legal sanctions.

- Morality: Socially approved conduct, not legally enforceable.

- Law may be moral (e.g., laws against murder), but not always (e.g., tax evasion).

9. Case Law Examples


- Rule of Law: A.D.M. Jabalpur v. Shivkant Shukla (1976), later overruled.

- Possession: Krishna Ram Mahale v. Shobha Venkat Rao.

- Mens Rea: State of Maharashtra v. M.H. George.

- Legal Person: Shiromani Gurdwara Prabandhak Committee v. Som Nath Dass.

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