CBSE Textbook Solutions: Classification of Laws | Legal Studies for Class 11 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions: 

Q1: Provide brief answers for the following- 
(i) Why is classification of law important? What are its benefits? 
Ans: Classification of law is crucial for a comprehensive understanding of legal principles. Its benefits include:

• Understanding the interrelation of rules.
• Systematic arrangement of laws.
• Assistance for legal professionals and students in navigating the legal framework.

(ii) What is International Law? Explain the two types of International Law. 
Ans: International Law is a set of rules governing the relations between nations. The two types are:

• Public International Law: Governs the relationships between states and international organizations.
• Private International Law: Deals with private individuals and entities across different jurisdictions, often involving cross-border legal issues.

(iii) Differentiate between International and Municipal Law. 
Ans: International Law governs relations between sovereign states, while Municipal Law pertains to the laws within a specific country, regulating the behavior of its citizens and government.

(iv) What is a contract? 
Ans: A contract is a legally binding agreement between two or more parties that creates mutual obligations enforceable by law.

(v) Discuss the different types of Public and Private Municipal Laws. 
Ans: Municipal Law can be categorized into:

• Public Municipal Law: Regulates the relationship between the state and individuals, including constitutional law, administrative law, and criminal law.
• Private Municipal Law: Governs relationships between private individuals, including contract law, tort law, and family law.

Q2: Identify the branch of law and define- 
(i) Antilla and Portico are two countries who have a border dispute. 
Ans: Branch of Law: International Law
Definition: International law governs the legal relations between sovereign states and international entities. It includes treaties, conventions, and customary laws that regulate issues such as territorial disputes, trade, and human rights.

(ii) Shefali was aggrieved because her passport was refused by the Passport Department without any reason. 
Ans: Branch of Law: Administrative Law 
Definition: Administrative law deals with the rules and regulations governing the activities of administrative agencies of government. It provides the framework for the creation and operation of governmental agencies and addresses issues such as the legality of actions taken by these agencies.

(iii) Gita died intestate and her kids don't know how to divide the property. 
Ans: Branch of Law: Succession Law 
Definition: Succession law governs the distribution of a deceased person's estate. It includes rules regarding intestate succession (when a person dies without a will) and the rights of heirs and beneficiaries.

(iv) Ajit was in an agreement to supply 50 kgs of rice to Bittu but did not do so. 
Ans: Branch of Law: Contract Law 
Definition: Contract law regulates the agreements made between parties. It outlines the rights and obligations of the parties involved and provides remedies in case of breach of contract.

Q3: Sheena was a victim of sexual harassment at workplace. Explain why her criminal case is a part of public municipal law. 
Ans: Sheena's case of sexual harassment at the workplace falls under public municipal law for several reasons:

• Nature of the Offense: Sexual harassment is classified as a crime against individuals that also impacts society as a whole. It violates the rights of the victim and disrupts the workplace environment, necessitating state intervention.
• State's Role: In criminal cases, the state prosecutes the offender on behalf of the victim. This reflects the principle that crimes are offenses against the public order, not just personal grievances.
• Legal Framework: Public municipal law encompasses laws that govern the relationship between individuals and the state. Sexual harassment laws are designed to protect citizens and maintain public order, making Sheena's case a matter of public interest.
• Enforcement of Rights: The legal system provides mechanisms for victims like Sheena to seek justice. This includes filing complaints with law enforcement and pursuing legal action, which are facilitated by public law.

In summary, Sheena's case is a part of public municipal law because it involves a crime that affects not only the individual but also the societal fabric, requiring state involvement to uphold justice and protect citizens' rights.

Q4: Halestina and Xina, two Countries are bound by some laws which foster their relations by following some rules based on reciprocity. Identify the branch of law and explain its two sub types. 
Ans: Halestina and Xina are bound by laws that foster their relations based on reciprocity. The branch of law governing their relationship is International Law.
Subtypes of International Law

• Public International Law: This branch relates to the body of rules and regulations that govern the relationships between nations. It includes treaties, conventions, and customary international law that countries recognize and are bound to follow in their interactions.
• Private International Law: Private international law deals with cases that involve a foreign element, focusing on the rights of private individuals from different countries. It governs matters such as international marriages, adoptions, and disputes involving cross-border transactions.

Q5: The Government of India introduced a new law whereby the passport of any person could be revoked on mere suspicion of fraudulent financial transactions without providing a chance of hearing. Identify and define the branch of law under which such a law can be challenged.
Ans: The law introduced by the Government of India, which allows for the revocation of a passport on mere suspicion of fraudulent financial transactions without a chance for the individual to be heard, can be challenged under the branch of Administrative Law.
Administrative Law
Administrative Law governs the activities of administrative agencies of government. It involves the rules, regulations, orders, and decisions created by administrative agencies, which are responsible for the oversight and enforcement of specific statutes. This branch of law ensures that individuals have the right to fair procedures and that administrative actions are not arbitrary.
Grounds for Challenge
Such a law can be challenged on the following grounds:

• Violation of Natural Justice: The lack of a hearing before revocation violates the principles of natural justice, which require that individuals be given a fair opportunity to present their case.
• Excess of Authority: If the law permits revocation based solely on suspicion, it may be argued that this exceeds the authority granted to administrative bodies, leading to potential abuse of power.
• Constitutional Rights: The law may infringe upon fundamental rights guaranteed under the Constitution of India, such as the right to life and personal liberty, which includes the right to travel.