Thursday, October 27, 2011
LLB Part On Subject Crimnal Law Notes,Solwed Papers ,Q and Ans Tipcal Perfect For Examination Point of Vieo And Also For Law Concerers
Topic One
Question No 1:- Pleas Define what is Crime? And also explain its historical back ground, Characteristics and causes.
Ans:- Historical Background Of Crime .
In the early ages, when men started living in groups and then in tribes, rules were framed to regulate conduct of members of the group or the tribe. The groups and tribes, with the passage of time became nation or big societies and hence rules which were implemented previously with the Heads of tribes, came to be implemented through states or governments Which ( later on ) set up its machinery (public, courts and jails etc. ) to deal with criminals and punish them. Life and liberty was to be protected by the state.
The crime arose out of the social contacts of individuals where rules of conduct got broken and in serious violations, the violation was termed as crime and society undertook to punish the criminal since it was the duty of the society to protect the society.
Crime is inevitable in any human society. It is an integral part of any human society and it is a primary concern of all of us. It is as old as the society itself.
The idea that people have certain rights being members of the society and these rights were to be protected and safe-guarded so that they may live peacefully together since jungle life came to an end with the gradual civilization of societies. However, the idea that members of the society had certain rights came to be liked with the idea that members of the society had certain rights came to be linked with the idea that the members had co-related duties as well.
DEFINTION OF CRIM
It has been widely accepted that it is impossible to to chalk our a comprehensive definition of crime However, several legal philosophers have tried to define crime in many different ways.
The shortest definition being “Crime is an act or omission forbidden and punishable at law it is harmful to society and special procedure is provided in law to punish the offender”.
Crime is an act of aggression against not only an individual but also against society as a whole. The act or omission is the subject of criminal proceedings, it being a criminal offence. Since it is an offence against the state the state is responsible for the punishment of maintaining eace and order in the society. The object of punishment is the protection of public from crime. Crimes are the act which are prohibited by State and have sanction of punishment behind them.
CHARACTERISTICS OF CRIME /ESSENTIALS ORGAINS
Ideally, a human behavior cannot be called as a crime unless at least seven characteristics are present which are as under.
1. Harm should have been caused. Mere intention is not enough.
2. The harm must be legally forbidden. Anti-social behavior is no crime unless prohibited by law.
3. There must be conduct which brings harmful result.
4. Men’s rea or ‘criminal intent’ must be present.
5. There must be a fusion or concurrence of men’s Rea and conduct. For Example, if a policeman goes to a house to make an arrest and commits theft, he cannot be guilty of trespass through he would be guilty of theft.
6. The harm caused must be a natural consequence of the voluntary act. If one shoots at a person (act ) and the victim dies due to suffocation in the hospital while substantially recovering from wound, no murder,
7. There must be legally prescribed punishment.
CAUSES OF CRIME
There are given as below:-
- Poverty_ Environments
- Dirty surroundings_ slum areas.
- Loose administrative machinery.
- Juvenile delinquency _ broken family etc.
- Lack of education and training.
- Mental abnormality.
- Internal conflicts within society.
- Goals of economic gains by illegal means.
- Social injustice.
- The social pressures like influence of family, friends, neighbors, fellow workers influence criminal behavior.
- Lack social control _ Social disorganization.
LLb Part One Subject Constitutional Law's Notes,Q and Ans, Solwed Last 5Years Papers, Tipcal Notes for LLb Part 1 Examination Point Of Vieo All Notes Made By Profational Law Profesers For Law Students And Also For Other How Can Intrest Or Requed A Gaiednes Of Law
“ Constitutional Law “
Q1:- What is a difference between a Written and an unwritten Constitution ?Explain With Examples. (Annual Papers 2010)
Ans:- Before we discussed about written and unwritten constitution .Its more important that what is the constitution. “A constitution down the general and the fundamental principle on which the powers of state are to be exercised.” “In this sense constitutional law is often described as the fundamental law of the land, Its main object is to reconcile the conflict between the Government and the governed and to define the orbit of the sovereignty.”
“Definition of Constitution”
“According to Black’s Law Dictionary.”
“The organic and fundamental law of a Nation or State which may be written or unwritten, Establishing the character and conception of its Government, lying the basic principles to which its life is to be conformed, organizing the Government, and regulating the distributing and limiting the function of its different departments and prescribing the extent and manner of the exercise of sovereign powers.
“Classification of Constitutions”
Though some Classical writers classified constitution into three categories, namely monarchy, aristocracy and democrat. Such classification is extremely unsatisfactory in the modern context. For that matter no two constitutions can be classified on any single basis. This classification has to be on the basis of different aspects of the constitution. It may be on the basis of the sovereign power being exercised by one Governments often we would classify constitution to be either unitary or federal or it may be on the nature of the procedure for amending the constitution, then we would classify them to be either rigid or flexible.
It may be on the basis as to whether the rules of constitutional law are contained in a single document or not then we would classify constitution of those which accommodate the principle of parliamentary sovereignty or those which contain the principle of judicial supremacy. We might classify on the nature of the executive. The executive may be Parliamentary or Presidential.
“Kinds of Constitutions”
In the history of the constitution and development, there have been different varieties of the constitutions in the different parts of the world and hence constitutions may be classified differently.” The Orthodox Classification is of the Written and Un written Constitutions, which is hardly satisfactory.” It would be more accurate to call them “Enacted” and “evolved” Constitutions. So now we described the Written And Unwritten Constitution.
1- “Written Constitution”
The Written Constitution is also called rigid Constitution so the meaning of it “A rigid Constitution is one under which certain Law (Ordinarily Known as Constitution or Fundamental Laws) cannot be changed in the same manner as Ordinary Law. They Can be Altered or amended by the special machinery provided in the Constitution itself.
“Examples”
The Written or Rigid Constitution. The Constitution of France, the United States and Belgium are instances of rigid or written Constitution.
2- “Unwritten Or Flexible Constitution”
Unwritten Or Flexible Constitution is that one under which every description can legally be changed with the same manner by one and the same body or parliament.”
Meaning A flexible Constitution is likely to be unstable due to its capacity to undergo constant changes.
“Examples”
Unwritten or flexible Constitution. The English Constitution, With the Supremacy of Parliament is an instance of a flexible or unwritten Constitution.
“Differences between Flexible or unwritten Constitution and Rigid or Written Constitution.”
“There are five points of distinction between the two.”
These are
1- “As to possibility of changing it”
“A ‘Flexible’ Constitution is one under which every Law of every description can legally be changed with the same case and in the same manner by one and the same body or Parliament.” “While A’ Rigid’ Constitution is one under which certain Law, generally known as Constitutional of Fundamental Laws, cannot be changed in the same manner as ordinary Laws.”
2- “As to ‘Fundamental’ and ‘Ordinary’ Law.”
In a Rigid Constitution, there is a distinction between ‘Fundamental ‘ and ordinary Laws. The fundamental or Constitution Laws are Laws which deal with the framework of the Constitution, and these cannot be changed or amended in the ordinary process of law-making. In other words, a “Rigid” Constitution is one which is founded on fundamental written Laws; a “ Flexible “ Constitution is one in which all Laws can be altered by the same machinery. Law are said to be fundamental which deal with the framework of Constitution, and which can be altered only by a special machinery, provided by the Constitution for that purpose. The English Constitution is Flexible; any Constitutional Law, as for example, the Law governing the succession to the throne, can be and has been altered by Parliament by the ordinary legislative process. The American Constitution is rigid; changes in the Constitution can be effected only by the motion of two-thirds of each House of Congress, with the ratification of the legislatures of three-fourths of the States comprising the Union.
A Flexible Constitution need nod be written. Though, in practice, much of it may be found in writing; rigid Constitution must necessarily be embodied in a written instrument. In a rigid Constitution, some power must exist with authority to judge the validity of legislation; in flexible Constitution, the Law – Making power is subject to no control of this kind.
3- “ As to the sovereignty of the Legislature”
In Rigid Constitution, the Legislature is a non- sovereign Law – Making body, its powers being defined by the fundamental Law embodied in the Constitution which it cannot alter. In a fundamental Law embodied in the Constitution which it cannot alter. In a flexible Constitution, on the other hand, the Legislature is sovereign in as much as it has the power of making, altering, or repealing Laws of any description including the Constitution it self ; it is a legislative as well as a’ Constitution’ body.
4- “As To Power of Courts to Pronounce on Validity etc. of Law”
In a rigid Constitution, Law passed by the Legislature may be declared ultra vires or invalid by the courts if they are repugnant to the Constitutional Law. In a flexible Constitution there is no authority, judicial or otherwise, which can declare Law passed by the Legislature as ultra vires or unconstitutional.’ Thus, in the U.S.A. if an act of the Congress contravenes any provisions of the federal Constitution, the Supreme Court may declare it as ultra vires. In England, no court possesses any power to question the validity of an act of Parliament.
5- “As to Rights of Individuals”
Lastly, in a rigid Constitution 9 Such as the U.S.A.) the rights of individuals as against the state are defined by and flow from the written Constitutional document, While in a flexible Constitution the Constitution itself is based upon individuals rights as defined by the ordinary law of the land.
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