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The PDF download delves into the sources of law in Pakistan, including the Constitution, legislation enacted by the Parliament, Islamic law (Sharia), and common law principles inherited from the British colonial era.
- Contents
- Learning outcomes
- References to Legal Acts
- Section overview
- 1.1 Definition of Law
- 1.2 Definition of Mercantile Law
- 1.3 Why Chartered Accountants study law
- 1.4 Where to apply law in practical life
- Legislation
- Precedent
- Customs
- Agreement
- 1.6 Criminal law and civil law
- Criminal law
- Civil law
- Example: Civil law
- Criminal law or civil law?
- Example: Criminal law and Civil law
- The burden of proof
- Section overview
- 2.1 President
- 2.2 Prime Minister
- 2.3 Senate
- Composition of Senate
- 2.4 National Assembly
- 2.5 Process of Legislation
- Scenario 1:
- Scenario 2:
- Scenario 3:
- Scenario 4:
- Money bills
- Ordinance
- 2.6 Delegated Legislation
- Control over delegated legislation
- Time
- Expert opinion
- Flexible
- Disadvantages of delegated legislation
- Chapter review
Introduction to the legal system Legislation Structure of courts in Pakistan Chapter review
The overall objective of the syllabus is to give students an understanding of the legal system and commercial laws; and build a knowledge base of corporate laws.
Section number references embedded in the learning materials refer to the following legal acts unless otherwise stated:
Definition of Law Definition of Mercantile Law Why Chartered Accountants study law Where to apply law in practical life Sources of law in Pakistan Doctrine of Binding Precedent Criminal law and civil law
Law means a set of rules or a system of rules of conduct designed and enforced by the state to control and regulate the conduct of people. Law is not stagnant. As circumstances and conditions in a society change, laws are also changed as per the requirements of the society. The word law may have different meaning for different situations. It is o...
Business Law is the part of civil law which deals with the rights and obligations of persons dealing with each other. It includes laws relating to contracts, partnership, sales of goods, negotiable instruments etc.
The intention of studying law in Chartered Accountancy is not to become an expert lawyer dealing with complex legal issues. The objective of studying law in Chartered Accountancy is to be aware when legal problems arise, be able to judge when outside assistance is required, evaluate the financial implications of law and also communicate with the la...
A general knowledge of some of the more important legal principles and how they apply to certain problems will help in avoiding conflict with the people around us. Civil law involves the problems that impact on people’s everyday life like debts, tenancy issues, sale of goods etc. One should know the law to which he is subject because generally igno...
It is the law created by the Parliament of a country and other bodies to whom it has delegated authority.
Precedent is a judgment or decision of a court which are binding on the subordinate courts.
With the passage of time as the society develops this source of law diminished its tendency as a source of law. In Pakistan, the customary law has been replaced by the Shariat Law.
Parties in their agreement stipulate terms for themselves which constitute law for the contracting parties.
There are several branches of the law. Each deals with a different area of law and legal relationships. Two major branches of the law are: criminal law civil law
Criminal law establishes conduct that the State considers unacceptable, and which it wishes to prevent. Individuals or organisations that act contrary to the criminal law are threatened with punishment by the State, in the form of imprisonment and/or fines. With criminal law, the State establishes acceptable standards of behaviour, and represents t...
The civil law is a branch of the law that primarily deals with disputes between individuals and organisations (such as companies), and it regulates relationships between them regarding their rights and obligations. A violation of the civil law is a tort (a wrongdoing), but is not a crime. The civil law provides for remedies for civil wrongs (torts)...
property disputes (Transfer of property act) work-related disputes (employment law) accusations of negligence (negligent behaviour) (Tort) claims by consumers against manufacturers or service providers commercial disputes between business entities (commercial law) copyright disputes claims of defamation of character (Tort) disputes about an allege...
Many of the legal aspects of commercial and business law are aspects of the civil law, but the criminal law may also apply. For example fraud and money laundering are criminal activities that may occur in business. It is also important to remember that the same action may be in breach of the criminal law and also a tort in civil law. In such a situ...
Suppose that a train company operates a train service, and there is a major accident involving loss of life and injury to passengers. The State may claim that the train company or its senior managers are guilty of a breach of the criminal law and bring a case in the criminal court. Individuals who have been injured in the crash and individuals who ...
Another important difference between criminal law and civil law is the burden of proof that is required by a court. In criminal cases, the burden of proof is much greater than in civil law cases. The guilt of an accused person needs to be proved ‘beyond all reasonable doubts. In contrast, in civil cases the court needs to be satisfied ‘on the balan...
President Prime Minister Senate National Assembly Process of Legislation Delegated Legislation Pakistan has a Federal Parliamentary System of government, with the President as the Head of State and popularly elected Prime Minister as Head of Government. The Federal Legislature is a bicameral Majlis-e-Shoora (Parliament), composed of the President,...
The President of Pakistan is Pakistan’s Head of State and is considered a symbol of unity. President must be a Muslim. President is elected for a five year term by Senate, National Assembly and members of Provincial Assemblies. President is eligible for re-election, but no individual may hold the office for more than two consecutive terms. The ma...
The Prime Minister must be nominated and elected by a majority of members in the National Assembly. That individual is then appointed as Prime Minister by the President. The Prime Minister is assisted by the Federal Cabinet. A council of ministers whose members are appointed by the President on the advice of the Prime Minister. Federal Ministers ar...
The Senate is a permanent legislative body with equal representation from each of the four Provinces with representatives elected by the members of their respective Provincial Assemblies. The role of the Senate is to promote national cohesion and harmony and to alleviate fears of the smaller provinces regarding domination by any one province becaus...
Fourteen shall be elected by members each Provincial Assembly Four women shall be elected by members of each Provincial Assembly Four technocrats including Ulema shall be elected by the members of each Provincial Assembly. Eight shall be elected from the Federally Administered Tribal Areas in such manner as the President may by order prescribe. T...
The seats for the national assembly are determined on the basis of population of provinces. The members are elected for a period of five years on the basis of direct votes by the voters registered. The members elect from themselves Speaker, Deputy Speaker and Prime Minister. The most important function of the National Assembly is law making and for...
When National Assembly is in session a bill in respect of any matter may originate in either house.
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
Before moving on to the next chapter check that you now know how to: Briefly describe the sources of law in Pakistan Understand the civil and criminal law Explain the purpose and constituents of Parliament Explain the procedure followed for enactment of any law in Pakistan
The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. The judicial system that we practice today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs, covering the
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Legal System of Pakistan covers the Foundation Course (Course No. 124) taught in the 2nd year of the 5-year LLB program. It provides students an in-depth understanding of Pakistan’s Legal System.
- Paperback
- World
- 9789.7B
- June 2024
The judicial system that we practise today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs covering the Hindu era, Muslim period including the Mughal dynasty, British colonial period and post-independence period.
Aug 23, 2023 · Introduction to Pakistan Legal System provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?".
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The law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society. The legal system is derived from English common law (Equity) and is based on the Constitution of Pakistan 1973 as well as Islamic law (Sharia).
