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Prohect Legal Studies

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0% found this document useful (0 votes)
52 views13 pages

Prohect Legal Studies

Uploaded by

NIKHIL SAKLANI
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

LEGAL

LEGAL
LEGAL STUDIES
STUDIES
STUDIES (2025-26)
(2024-25)
(2023- 24)
Subject Code
Class – 074
XI-XII
Classes XI-XII
(Subject (2025-26)
Code No. 074)

Rationale

The Latin maxim ignorantia juris neminem excusat, in plain, which reads as ‘ignorance of law
is not an excuse’. This is one of the age-old principles followed under Roman Law and even in
our own Common Law. If every person of discretion is to know what law is, an effort to teach
law outside the remit of a professional law school may have significant social benefits.

Law is a subject that has been traditionally taught in Universities for almost eight centuries.
Learning law outside the settings of a professional law school has a number of perceived
benefits. Some familiarity with the law enhances one’s understanding of public affairs and an
awareness of one’s entitlements and duties as a citizen. It may also be helpful in eliminating
some of the mistaken notions about law and some of the inveterate prejudices about law, lawyers,
and the legal system as such. Another advantage is that an understanding of the law can
undoubtedly encourage talented students to pursue a career in law – an objective that is laudable
in its own right.

The pitfalls of learning law outside the settings of a professional school are rooted in two key
assumptions:

1. law is too vast and complicated to be taught in a non-professional setting;


2. the lack of professional trainers and experienced teachers could lead to incorrect
appreciation and understanding of law. If an understanding of law is misinformed or ill-
formed as some academicians think, it may require greater efforts to unlearn whatever
was learnt earlier. Both these criticisms have attracted detailed scrutiny, but at least a few
countries have introduced law at the High School level.

The experience of countries that have introduced law has been by and large optimistic. The
Central Board of Secondary Education is introducing Legal Studies at the Class XI level. The
proposal is to introduce one module in Class XI and a second module in Class XII.

Objectives
 To provide a background of the evolution of the Indian legal system in a short and concise
form.
 To focus on the applicability of justice, equity and good conscience and more importantly
the development of Common Law system in India.
 To provide exposure on various systems of law such as Common Law, Civil Law etc.
 To develop an understanding of the essential features of the Indian Constitution, including
the role and importance of Fundamental Rights, Separation of Powers, Structure and
operation of Courts, concept of precedent in judicial functioning, the of legislation, basic
principles of statutory interpretation, etc.
 To deal with principles of practical utility such as the concept of Rule of Law, principles of
justice, differences between criminal and civil cases, the concept of crime and the
fundamental theories of punishment, rights available to the accused at various stages of the
criminal investigative process, or the key components of Human Rights, etc.
 To understand the fundamental concepts and subject matter of property, contract and tort
law.
 To understand the rudimentary aspects of contract law such as formation of contract, terms
and conditions of contracts, discharge of contract, etc.
 To enable students to form an understanding of rights and duties and various categories of
liability principles which form the bedrock for an understanding of Law.

Competencies expected after this course:

Students will be able to:


 acquire knowledge of legal theory, laws, legal procedure, drafting, interpretation and
application of laws;
 identify legal issues from facts, differentiate between ratio decidendi and obiter dicta;
 ask relevant and probing questions to understand the differences among facts, opinions,
analyze judgments and recognize and meaningfully respond to legal fallacies;
 apply the law, and draw conclusions by applying analytical reasoning;
 apply knowledge and understanding of law, legal theory and procedure to solve legal
problems;
 evaluate, seek feedback and modify solutions to legal problems;
 carry out legal research;
 acquire values such as justice, fairness, openness, honesty, integrity, respect for diversity,
and respect for the rule of law; and
 prepare themselves for pursuing higher education in the field of Law

Class
Class
Class XI
XI (2025-26)
(2025-2026)
XI (2024-2025)
(2023–2024)
(BASED ON REVISED BOOK WITH NEW CHAPTERS)
(Textbook Revised in the Academic Year 2022-2023)

[Link]. Units Marks


1 Introduction to Political Institutions 15

2 Basic Features of The Constitution of India 15

3 Jurisprudence, Nature and Sources of Laws 15

4 Judiciary: Constitutional, Civil and Criminal Courts and Processes 20


5 Family Justice System 15
6 Project 20

Total 100

1
CONTENT-
S No. Unit Topics

Unit 1 Introduction to Political Institutions

Chapter 1 Concept of i. What is a State?


State ii. The concept of State and Article 12 of the Indian Constitution
iii. What is Government?
iv. Emergence of the State from Society
v. Definition of State
vi. Theories on the Origin of State
vii. Elements of a State
viii. Role of a State

2 Forms and i. Introduction to the Organs of Government


Organs of ii. Forms of Government
Government a) Monarchy
b) Aristocracy
c) Dictatorship
d) Democracy
iii. Main organs of Government and its functions
a) General Functions of Legislature as Organ of Government
b) General Functions of Executive as Organ of Government
c) General Functions of Judiciary as Organ of Government

3 Separation of i. Concept of Separation of Powers


Powers ii. Historical Background and Evolution of Montesquieu’s Doctrine of
Separation of Powers
a) Montesquieu’s Doctrine of Separation of Powers
b) Basic Features of the Doctrine of Separation of Powers as
enunciated by Montesquieu
c) Checks and Balances of Power
d) Impact of the Doctrine
iii. Evaluation of The Doctrine of Separation of Powers
a) Key Benefits and Advantages of The Doctrine of Separation of
Powers
b) Defects of the Doctrine
iv. Separation of Powers In Practice
a) Separation of Powers in Britain
b) Separation of Powers in the United States of America
c) Separation of Powers in India

Unit 2 Basic features of the Constitution of India

1 Salient i. Meaning of the term Constitution


Features of the ii. Definition of the term Constitution
Constitution of iii. Historical Perspective of the Constitution of India
India iv. Salient Features of the Constitution of India
a) Modern Constitution
b) Lengthiest written Constitution
c) Preamble to the Constitution
d) Fundamental Rights; Directive Principles of State Policy;
Fundamental Duties
e) Constitutional Provision for Amendment of the Constitution of India
f) Adult Suffrage

2
g) Single Citizenship
h) Independent Judiciary
i) Emergency Provision
j) Federal in form Unitary in character
k) Division of Power- Centre- State Relations
l) Schedules to the Constitution

2 Administrative i. Background
law ii. Administrative Law and Constitutional Law: Key Differences
iii. Reasons for Growth, Development and Study of Administrative law
iv. Types of Administrative Actions
v. Fundamental Principle of Administrative Law: Rule of Law
vi. Droit System

Unit 3 Jurisprudence, Nature and Sources of Law

1 Jurisprudence, i. Introduction
Nature and ii. Historical Perspective
Meaning of iii. Schools of Law
Law iv. Function and Purpose of Law

2 Classification i. Classification of law based on Subject matter


of Laws ii. Classification of law based on Scope of Law
iii. Classification of law based on Jurisdiction

3 Sources of i. Where does law come from?


Laws ii. Custom as a Source of Law
iii. Importance of Custom as a Source of Law in India
iv. Judicial Precedent as a Source of Law
v. Legislation as a Source of Law

4 Law Reform i. Need for Law Reform


ii. Law Reforms in India
iii. Recent Law Reforms in Independent India

5 Cyber Laws, i. Introduction


Safety and ii. Why do we need Cyber Laws?
Security in iii. What is Cyber law?
India iv. What is Cyber safety and Security?
v. What is Cyber-crime?
vi. Categories of Cyber-crime
vii. Cyber law in India
viii. Scope or Extent of The Information Technology Act, 2000(IT Act)
ix. What was Section 66A IT Act, 2000?

Unit 4 Judiciary: Constitutional, Civil and Criminal Courts and Processes

Judiciary: i. Introduction: Establishment of the Supreme Court and High Courts


Constitutional, ii. Constitution, Roles and Impartiality
Civil and a) Independence and Impartiality of the Supreme Court
Criminal b) Structure and Hierarchy of the Courts in India
Courts and c) The Civil Process and functioning of Civil Courts
Processes iii. The Civil Court Structure
a) Common Legal Terminologies
b) Types of Jurisdictions
c) Res subjudice and Res judicata in Code of Civil Procedure, 1908

3
iv. Structure and Functioning of Criminal Courts in India
a)
Types of Offences
b)
Criminal Investigations and First Information Report (FIR)
c)
Criminal Process- Investigation and Prosecution
d)
Doctrine of autrefois acquit and autrefois convict (i.e. previously
acquitted and previously convicted)
e) Function and Role of Police
v. Other Courts In India
a) Family Courts
b) Administrative Tribunals

Unit 5 Family Justice System

1 Institutional i. Nature of Family Laws in India


Framework- ii. Human Rights and Gender Perspective
Marriage and iii. Institutional Framework- Family Courts
Divorce iv. Role of Women in the creation of Family Courts
v. Role of Lawyers and Counselors in Family Courts
vi. Role of Counselors and Gender Issues
vii. Marriage and Divorce

2 Child Rights i. Child Rights


ii. Right to Education
iii. Right to Health
iv. Right to Shelter
v. Child Labour
vi. Sexual Abuse
vii. Juvenile Justice

3 Adoption i. Adoption
ii. Minor custody and Guardianship

4 Property, i. Concept of Property: Joint Family Property and Separate Property


Succession ii. Inheritance and Succession
and iii. Intestate Succession
Inheritance iv. Rules relating to Intestate Succession
v. Testamentary Succession

5 Prevention of i. What is Domestic abuse / violence?


Violence ii. International Legal Framework
against iii. III. Laws in India on Prevention of Violence against Women
Women

PROJECT WORK- One Project

4
PROJECT GUIDELINES CLASS 11
OBJECTIVES OF THE PROJECT:
The project work aims to enable students to:
 identify a legal problem and provide its remedy
 select relevant legal sources and conduct research
 analyze and distinguish between types of cases
 apply case laws and relevant statutory laws

Students can opt for any ONE Project from the three topics given below:
Topic 1: Students can prepare a research project addressing legal issues related to any topic from
the textbook or around them that needs immediate redressal.

Some suggested topics-

 Uniform Civil Code


 Law reforms in India
 Juvenile Justice
 Death Penalty
 Any other course related topic

OR

Topic 2- Students can conduct research and draft a report on any recent legislation/ amendment
that brought about a social change, for example: Consumer Protection Act, Information
Technology Act, Right to Information Act etc.

To conduct research students can examine the conditions that give rise to need for law reform; the
agencies of reform; mechanism of reform; assess the effectiveness of law reform in achieving just
outcomes with regards to the issue.

METHODOLOGY FOR TOPICS 1 & 2:

The project file should be at least 15 pages.

Steps:-

 Choose a topic
 Gather information from various sources
 Write a statement of purpose of the project
 Support it with research evidence
 Presentation of project should include headings
 List the sources

OR

5
Topic 3- Understanding the important elements of ‘JUDICIAL DECISION’
OBJECTIVES-
The project work aims to enable students to:
 identify a legal problem and provide its remedy
 select relevant legal sources and conduct research
 analyse and distinguish between types of cases
 apply case laws and relevant statutory laws
 understand parts of a judicial decision

METHODOLOGY FOR TOPIC 3:

1. The student is required to select any 5 decided cases where in one case is of criminal nature,
one is of civil nature, one is constitutional, one is related to international law and one is of
student’s choice (PIL if possible).

2. The research on the cases must include the following points:

a. Name of the case


b. Parties to the case
c. Nature of the case (Civil, Criminal or Constitutional)
d. Facts of the case and issues involved
e. Decision of the case
f. Citation of the case

RUBRICS FOR ASSESSMENT

[Link]. Parameters for assessment Marks

1 Preparation and presentation of file 5 marks

2 Research work 5 marks

3 Understanding and application of legal concept 5 marks

4 Viva 5 marks

Total 20 marks

6
Class
ClassXII
Class XII(2023–2024)
XII (2024-2025)
(2025-2026)
(BASED ON REVISED BOOK WITH NEW CHAPTERS)
(Textbook Revised in the Academic Year 2023-2024)

[Link]. Units Marks


Unit 1 Judiciary 08
Unit 2 Alternative Dispute Resolution in India 08
(ADR)
Unit3 Topics in Law- I (Business Laws) 20
Chapter 3 (A) - Law of Contract
Chapter 3 (B) - Law of Torts
Chapter 3 (C) - Law of Property
Chapter 3 (D) - Intellectual Property Law
Unit 4 Topics in Law- II (General Laws) 10
Chapter 4 (A) -Law and Sustainable
Development
Chapter 4 (B)- Forms of Legal Entities
Chapter 4 (C) - Criminal Laws in India
unit 5 Concept of Human Rights 10
Chapter 5 (A)-Human Rights in India
Chapter 5 (B)-Human Rights Violations-
Complaint Mechanism
(Quasi-Judicial Bodies)

Unit 6 International Law 08


Unit 7 Legal Profession in India 08
Unit 8 Legal Services 08

Project 20

Total 100

Theory- 80 marks (One Paper)


Internal Assessment- Project Based Assessment- 20 marks

7
Contents-

[Link]. Unit Topics

Unit 1 Judiciary a) Structure, Hierarchy of Courts, and Legal Officers


in India
b) Constitution, Roles and Impartiality
c) Appointments, retirement and removal of Judges
d) Tribunals
e) Courts and Judicial Review

Unit 2 Alternative a) Adversarial and Inquisitorial Systems


Dispute Resolution b) Meaning and scope of ADR
in India (ADR) c) Arbitration
d) Mediation
e) Conciliation
f) Lok Adalat
g) Ombudsman
h) Lokpal and Lokayukta

Unit 3 Topics in Law I (Business Laws)

Chapter Law of Contract a) Introduction to Contracts


3A b) Formation of Contract
c) Intention to Contract
d) Consideration
e) Capacity to Contract
f) Consent
g) Types of Contracts
h) Discharge of Contract
i) Remedies in case of breach

Chapter 3 Law of Torts a) Concept of law of Torts


B b) Sources of Law of Torts
c) Intentional Tort
d) Defamation
e) Negligence
f) Strict Liability
g) Absolute Liability

Chapter 3 Law of Property a) Types of Property


C b) Who can transfer property
c) Essential of a valid transfer
d) Types of Transfer- Sale, Lease, Exchange, Gift

Chapter 3 Intellectual Property a) Meaning of Intellectual Property


D Law b) International Obligations that have shaped Indian
IPR
c) WIPO
d) Copyright
e) Patent

8
f) Trademark
g) Geographical Indication
h) Design

Unit 4 Topics in Law II (General Laws)

Chapter 4 Law and a) Introduction


A Sustainable b) Initiatives under International Scenario
Development c) Provisions under Indian Constitution
d) Environment Protection Act, 1986
e) Pollution Control Boards

Chapter 4 Forms of Legal Types of Legal Entities in India


B Entities a) Sole Proprietorship
b) Partnership
c) Limited Liability Partnership
d) Private Limited company
e) Public Limited Company
f) One Person Company

Chapter 4 Criminal Laws in a) Objectives of Criminal law


C India b) Legislations for Criminal laws in India
c) Distinction between Intention and Motive
d) Stages of crime
e) The Indian Evidence Act
f) Admission and Confession

Unit 5 Concept of Human Rights

Chapter 5 Human Rights in a) Introduction


A India 1. Historical Context
b) Indian Constitutional framework on Human Rights
and related Laws in India
1. The Preamble
2. Fundamental Rights-Part III of the Constitution
3. Directive Principles-Part IV- Articles 36-51
4. Fundamental Duties- Part IV(A)- Article 51 A

Chapter 5 Human Rights a) What are Quasi- Judicial Bodies?


B Violations- b) Various Human Rights Commissions
Complaint 1. National Human Rights Commission (NHRC)
Mechanism (Quasi- 2. National Commission for Minorities
Judicial bodies) 3. National Commission for Women (NCW)
a) National Commission for Scheduled Castes and
Scheduled Tribes
b) National Commission for Protection of Child’s
Rights (NCPCR)

Unit 6 International Law a) Introduction


b) Historical Evolution of International Law
c) What is International Law?

9
d) Sources of International Law
e) International Human Rights
f) International Law & Municipal Law
g) International Law & India
h) Dispute Resolution

Unit 7 Legal Profession in a) The Advocate Act,1961


India b) Lawyers and Professional Ethics
c) Advertising by Lawyers
d) Liberalization and Globalization of legal profession
e) Women and Legal Profession
f) Legal Education in India, USA and UK
g) Opportunities for Law Graduates

Unit 8 Legal Services a) Brief history of Legal services


b) Free Legal Aid under Criminal law
c) Legal aid by the State
d) Legal Aid under the Indian Constitution
e) National Legal Services Authority(NALSA)
f) Legal Services Authority Act,1987
g) Legal Aid in context of social justice and Human
Rights

PROJECT WORK Detailed Guideline given below for reference

PROJECT GUIDELINES for Class XII


INTRODUCTION:
The student is required to do a project on ‘Understanding Case Laws’
OBJECTIVES:
The project work aims to enable students to:
 identify a legal problem and provide its remedy
 select relevant legal sources and conduct research
 analyse and distinguish between types of cases
 apply case laws and relevant statutory laws

METHODOLOGY-: The student is required to select any 3 decided cases related to the
curriculum where one must be civil in nature, one criminal and one constitutional in character.

The research on the cases must include the following points:


 Name of the case
 Parties to the case
 Citation to the case
 Bench
 Nature of the case (Civil, Criminal or Constitutional)
 Facts of the case and issues involved
 Decision of the case including Ratio Decidendi and Obiter Dicta

10
Rubrics
Exceeding Accomplished (61-75 Developing Beginning
Topic percent) 13(15-33 percent)
(76-100 percent) (34-60 percent)

Presentation of ● All the relevant facts ● Most of the ● Some facts are ● Only a few
all facts of the are presented clearly crucial facts have stated but not in a unrelated and
case in a chronological, been stated sequential manner irrelevant facts
organized, logical sequentially as have been stated
and interesting per the happening
sequence of the case
● The facts are
supported with
relevant evidence
related to the case

Statement of ● Legal problem has ● Legal problem ● Legal problem ● Legal problem
Legal problem been precisely has been nearly has been vaguely has not been
and prediction defined and correctly stated conceived identified clearly,
about outcome unambiguously ● Analysis of the ● Analysis of the ● No analysis of the
stated legal problem Legal problem legal problem has
● Analysis of the legal predicts a near does not predict a been done to
problem has been clear outcome clear outcome predict the
done thoroughly and outcome
predicts clear
outcome with logical
reasoning

● The information ● The information ● The information ● The information


Information gathered in relation gathered in gathered in gathered in
gathering to the case is relevant relation to the relation to the relation to the
and sufficient to case is relevant case is relevant case is
encompass all crucial and sufficient to but insufficient to insufficient
facts and all encompass only encompass all
applicable laws crucial facts relevant facts and
without applicable laws
applicable laws

11
Establishing ● All of the crucial ● Most of the ● Some of the ● The stated facts
correlation in facts are well crucial facts have stated facts are lack correlation
facts correlated to each been stated and correlated to each and are not
are correlated to other and
other and presented presented in a
each other and presented in a
in a logically presented in a logical manner logically
persuasive manner logically persuasive
persuasive manner
manner

legal analysis ● Legal analysis is ● Legal analysis is ● Legal analysis is ● List some
and reasoning done by organizing done by done by evidences but not
evidence organizing some organizing able to organize
to accentuate evidence but some evidences it. Legal analysis
differences, or organization is but organization is incoherent
similarities related to less than is not effective.
case. Use superior effective.
inductive and Logical
deductive reasoning Shows less reasoning
abilities and present Logical (inductive –
analogy. reasoning deductive) is
(inductive missing.
deductive) than
required.

Identification of ● Ratio decidendi and ● Ratio decidendi ● Ratio decidendi ● Ratio decidendi
Obiter dicta has and Obiter dicta and Obiter dicta and Obiter dicta
decidendi and been identified in a has been little has been vaguely has not been
crystal clear terms less clearly identified identified
obiter dicta
identified

Reflections on ● Corroborate ● Identify ● Analyse from a ● repeats only what


the Case alternative connection personal has happened in
arguments with between existing perspective why the case
research and laws and their a particular
innovation. Question application in this action/decision
existing beliefs. case. Consider has happened.
Show alternative
inconsistencies in arguments to
existing body of affect the present
evidence to arrive at outcome.
result. Analyse pros
and cons of existing
decision viz a viz
alternative solutions.

12

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