NIOS Class 12 Introduction to Law Chapter 1 Meaning of Law

NIOS Class 12 Introduction to Law Chapter 1 Meaning of Law Solutions English Medium As Per New Syllabus. to each chapter is provided in the list so that you can easily browse throughout different chapters NIOS Class 12 Introduction to Law Chapter 1 Meaning of Law Notes and select need one. NIOS Class 12 Introduction to Law Chapter 1 Meaning of Law Question Answers Download PDF. NIOS Study Material of Class 12 Introduction to Law Paper Code: 338.

NIOS Class 12 Introduction to Law Chapter 1 Meaning of Law

Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Introduction to Law English Medium Solutions, NIOS Senior Secondary Course Introduction to Law in Hindi Medium for All Chapter, You can practice these here.

Meaning of Law

Chapter: 1

Module – 1 Concept of Law

INTEXT QUESTIONS 1.1

1. Define the term ‘Law’? 

Ans: ‘Law’ is a large body of rules, regulations and principles, based mainly on general principles of justice, equity and fair play and convenience which has been worked out by Governmental bodies to regulate human activities.

2. Name the five basis on which Law can be generally described. 

Ans: These are the following five bases on which Law can be defined: 

(i) It has basis in nature, reason, religion or ethics. 

(ii) By its sources like Custom, Precedent and Legislation. 

(iii) By its effect on the life of society. 

(iv) By the method of its formal expression or authoritative application. 

(v) By the ends that it seeks to achieve

3. Pick up and write any of the two definitions of Law given in this lesson which you like most.

Ans: Here are  two definition of Law:

(i) Salmond : “Principles recognized and applied by the State in the administration of justice.”

(ii) Roscoe Pound: “Law is a Social control through systematic application of force in a politically organised Society.” An instrument to satisfy the maximum wants in a society with the minimum of friction and waste.

INTEXT QUESTIONS 1.2 

1. Make out a distinction between Public and Private Law. 

Ans: ‘Public Law’ regulates the organization and functioning of the State and determines the relationship of the State with its subjects whereas Private Law regulates and governs the relationship of citizens with each other.

2. Distinguish between Substantive and Procedural Law. 

Ans: ‘Substantive Law’ deals with rights and obligations of the individuals whereas Procedural Law deals with practice and procedure having its objective to facilitate the administration of justice.

3. Describe the main objective of Criminal Law. 

Ans: The main objective of ‘Criminal Law’ is to prevent crime and to punish the wrongdoer.

INTEXT QUESTIONS 1.3 

1. Identify the different sources of ‘Law’. 

Ans: Mainly there are three different Sources of Law: 

(i) Customs. 

(ii) Precedent.

(iii) Legislation.

2. Define ‘Custom’ and also identify the essentials of a valid ‘Custom’ 

Ans: ‘Custom’ is the oldest and an important source of Law. It is embodiment of those principles which have commended themselves to the natural conscience as principle of natural justice and public utility. 

The essentials of a ‘Custom’ are:

(i) Antiquity. 

(ii) Continuity. 

(iii) Reasonableness. 

(iv) Obligatory Character. 

(v) Certainty. 

(vi) Consistency.

(vii) Conformity with statutory Law and Public Policy.

3. Define the term ‘Legislation’.

Ans: Legislation means to make law. It includes every expression of the will of the Legislature.

INTEXT QUESTIONS 1.4 

1. What is the importance of Constitution? 

Ans: ‘Constitution’ is a fundamental document which covers policy aspiration of people in a given society. It covers rights and duties of the subjects of the nation on the basis of equality, justice and fairness. It is a document which also provides for powers and responsibilities of the government. 

2. How does Civil Society helps in bringing good-governance? 

Ans: The Civil Society members create pressure for seeking attention of legislature and executive branch of the Government. Their participation brings transparency, accountability and responsiveness in the Government and in this way they help in bringing good governance.

3. Analyse the role of Advocates in the administration of Justice. 

Ans: Advocates are the key functionaries assisting the Judges in the administration of Justice. They are the officers of the Court and are constituted into an an independent profession under the Advocates Act, 1961. Without the expert assistance of the Advocates on either side of a dispute, Judges will find it difficult to find the truth on disputed facts in issue and interpretation of Law.

4. Discuss briefly the role of Judges in the administration of Justice.

Ans: The Judges, who are the crusaders of Justice, are independent of both Executive and Legislature in a Democratic set up like India. Therefore, they are the persons who administer Justice before them after proper inquiry in accordance with Just, fair and reasonable principles of Law to provide Justice.

TERMINAL EXERCISES

1. Define the term ‘Law’. 

Ans: ‘Law’ signifies a rule applied indiscriminately to all actions. It is a notional pattern of conduct to which actions do or ought to conform. ‘Law’ is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience and which have been worked out by governmental bodies to regulate human activities.

In a broader sense, ‘Law’ denotes the whole process by which organized society, through government bodies and personnel (Law-makers, Courts, Tribunals, Law Enforcement Agencies and Executive, Penal and corrective Institutions etc.) attempt to apply rules and regulations to establish and maintain peaceful and orderly relations amongst the people in the society.

2. Identify the various Sources of Law. 

Ans: The main sources of law are the origins or places from where laws come into existence.

They are:

(i) Custom: Traditions and practices followed by people for a long time which become accepted as law.

(ii) Judicial Precedent: The past decisions of judges that act as a guide for deciding future cases.

(iii) Legislation: The laws made by the government or legislature through an official process.

3. Identify the different kinds of Law. 

Ans: (i) International Law: International Law is a branch of law which consists of rules which regulate relations between States or Nations inter se. In other words International Law is a body of customary and conventional rules which are considered to be legally binding by civilized Nations in their intercourse with each other. International Law is mainly based on Treaties between civilized Nations.

International law may be divided as follows: 

(a) Public International Law It is that body of rules which governs the conduct and relations of State with other States. For example the extradition treaty between two states to bring back the fugitives. 

(b) Private International Law It means those rules and principles according to which the cases having foreign elements are decided. For example if a contract is entered into in India between an Indian and a Pakistan citizen, which is to be performed in Ceylon, then the rules and regulations on which the rights and liabilities of the parties would be determined is known as ‘Private International Law’ 

(ii) Municipal Law or National Law: Municipal Law is that branch of Law, which is applied within a State. It can be divided into two classes. 

(a) Public Law : It regulates the organization and functioning of the State and determines the relations of the State with its subjects. 

It may be divided into three classes:

(i) Constitutional Law: Constitutional Law is the basic or fundamental law of the State. It is a law which determines the nature of State and the structure of the Government. It is superior to the ordinary law of the land because ordinary law derives its authority and force from the Constitutional Law. 

(ii) Administrative Law: This law deals with the structure, powers and functions of the organs of administration; the limits of their power; the methods and procedure followed by them in exercise of their power; the methods by which their powers are controlled, including remedies available to a person against them when his/her rights are infringed by their operation. 

(iii) Criminal Law: It defines offences and prescribes punishment for them. Its aim is the prevention of and punishment for offences because in civilized societies, ‘crime’ is considered to be a wrong not against the individual but against the society. 

(b) Private Law: This branch of law regulates and governs the relations of citizens with each other. It includes Personal Law e.g. Hindu Law and Muslim Law.

4. Describe ‘Judicial Precedent’.

Ans: A Judicial Precedent refers to a previously decided case that serves as a guide for deciding future cases with similar facts or legal issues. It is an independent and important source of law, ensuring consistency and uniformity in judicial decisions. The Latin term “Stare Decisis” means “to stand by decided matters,” which emphasizes that courts should follow established precedents to maintain stability in the legal system.

A judicial precedent has a binding force on lower courts in the hierarchy. However, not every part of a judgment is binding. Only the legal principle or reasoning on which the decision is based, known as the “ratio decidendi,” is considered authoritative and must be followed in similar future cases. The ratio decidendi forms the core rule of law derived from a judgment.

In contrast, any additional observations or comments made by the judge that are not essential to the case are called “obiter dicta.” These are persuasive but not binding. Judicial precedent promotes legal certainty, predictability, and fairness by ensuring that like cases are treated alike. It also allows the law to develop gradually through decisions of higher courts interpreting and refining existing legal principles.

5. Explain the difference between ‘ratio decidendi’ and ‘obiter dicta’. 

Ans: 

Basis of Difference	Ratio Decidendi	Obiter Dicta
Meaning	The legal principle or rule of law on which a court’s decision is based.	Incidental or additional remarks made by the judge that are not essential to the decision.
Nature	Authoritative and forms the binding part of the judgment.	Merely persuasive; not binding on future cases.
Scope	Applies directly to the material facts and issues before the court.	Covers broader legal points or hypothetical discussions beyond the main issue.
Function	Serves as a precedent to be followed by lower courts (stare decisis).	Provides guidance or clarification but need not be followed.
Binding Effect	Binding on subordinate courts and later cases with similar facts.	Not binding; carries only persuasive authority.
Example	A rule deduced by the court that forms the ground of its decision.	Observations or comments made by a judge explaining general law.
Essence	Represents the reason for the decision.	Represents supporting or supplementary opinions.

6. Explain the ‘Doctrine of stare decisis’.

Ans: The term “stare decisis” signifies a legal doctrine where courts rely on previous judicial decisions, or precedents, when resolving similar cases. This principle is based on the idea that like cases should be decided alike, ensuring uniformity and fairness in the administration of justice.

The doctrine of stare decisis is a cornerstone of common law legal systems. Derived from the Latin phrase “to stand by decisions and not disturb what is settled,” it promotes consistency, predictability, and stability in the judiciary.

Under this doctrine, lower courts are bound to follow the decisions of higher courts within the same judicial hierarchy. Only the ratio decidendi (the reason for the decision) of a previous case is binding, while obiter dicta (judge’s observations) have only persuasive value.

7. Analyse the role of ‘Judges’ in the administration of Justice. 

Ans: Judges play a vital role in the administration of justice. They are impartial authorities who interpret and apply the law to ensure fairness and equality before the court. Their primary duty is to hear cases, examine evidence, interpret legal provisions, and deliver judgments based on law and facts.

Judges also uphold the Constitution, protect the rights of citizens, and prevent misuse of power by the executive or legislature. Through their judgments, they contribute to the development of law by setting judicial precedents.

An efficient and independent judiciary, led by competent judges, maintains public trust in the legal system and ensures that justice is not only done but also seen to be done.

8. Explain the role of Advocates in the administration of Justice. 

Ans: Advocates act as essential officers of the court and play a key role in the administration of justice. They represent parties in legal proceedings, present facts, cite laws, and argue cases before judges to help the court reach a fair decision.

They are expected to maintain professional ethics, honesty, and respect toward the court and clients. Advocates also assist in interpreting the law and protecting the legal rights of citizens.

By providing legal advice and ensuring that justice is accessible to all, especially the underprivileged, advocates serve as a bridge between the people and the judiciary, strengthening the rule of law and the justice delivery system.

9. Describe the role of Civil Society in good governance.

Ans: Civil society includes non-governmental organizations, community groups, media, and citizens who actively participate in the decision-making process of a nation. It plays a significant role in promoting good governance by ensuring transparency, accountability, and public participation in government affairs.

Civil society acts as a watchdog against corruption and misuse of power, raises awareness about rights and duties, and supports policies that promote social justice and equality.

Through advocacy, monitoring, and community engagement, it helps create a responsive and inclusive government that addresses the needs of all citizens. Thus, civil society strengthens democracy and contributes to sustainable development and effective governance.

9. Match the Correct option:

A	B
(a) Fundamental Law of the land
(b) Law deals with offences and punishments
(c) To stand by past decision.
(d) Body of Rules which governs the conduct and relation of state with others

Ans: 

A	B
(a) Fundamental Law of the land	Constitution
(b) Law deals with offences and punishments	Criminal Law
(c) To stand by past decision	Stare Decisis
(d) Body of Rules which governs the conduct and relation of state with others	International Law

Project:

One day visit a Court of Law which is nearest to your residence and try to understand the components of a Legal System present there. 

Sl.No	Components of Legal System	Observation
1.	Role of Constitution
2.	Role of judges
3.	Role of Advocates

Ans: 

Sl. No.	Components of Legal System	Observation
1	Role of Constitution	It is the supreme law of the country and protects the rights of citizens.
2	Role of Judges	Judges hear cases, interpret laws, and give fair and impartial judgments.
3	Role of Advocates	Advocates represent clients in court, present arguments, and help in the administration of justice.