Legal Problem Solving: Understanding Legal Rules
By Prof. Padmanabha Ramanujam

A rule may consist of several elements, sub-elements, results, and exceptions. To understand a legal rule and the outcome when applied to a legal problem, we must understand how these elements and exceptions interact and fit together.

Elements lay down the factual condition necessary for the rule to apply. Now, each sub-element can stand alone but the way in which they combine will determine how the rule will operate. For example, if a legal rule states that a person will be issued the driver's license upon:

1. The person must complete an application for a license
2. The person must be at least 16 years of age
3. The person must be a resident of the state
4. The person must pass all examination requirements for a license
5. The person must pay the appropriate fee

While each of these elements is distinct, all of them must be complied with for the legal rule to operate. An element may further have sub-elements which may define the rule. They may either have a conjunctive reading using the 'and' or a disjunctive reading using 'or'. The exact comprehension of the rule depends on closely observing these nuances. We can then gauge the result of a rule once all the elements are established as required. However, it might so happen that a legal rule may have exceptions which are indicated by words like 'unless', 'provided that', or "however". What an exception essentially does is that even if all the elements of a rule are established, the usual result does not follow.

This was on how to read a rule from one source such as a statute. But what if there are multiple sources? How do we then decide what rule would be applicable to the legal issue at hand? Deriving rule from a body of law and combining sources into a coherent statement of law is known as 'synthesis'.

It is thus by interpreting the law correctly that we arrive at the rule relevant for a particular legal problem.

Stay tuned to find out which step to follow next!

 
     
     
     
  National Legal Services Authority v. Union of India
By Shambhavi Thakur  
 
 


NALSA v. UOI is considered to be a landmark judgement of the Indian Supreme Court which granted recognition to transgender rights. More specifically, it held that transgender people have the right to self-affirmation, i.e., to choose whether they identify as 'male', 'female', or 'third gender'. Furthermore, the court recognised the economic hardships and social ostracization of the transgender people and gave reservation in admission to educational institutions and jobs

NALSA filed a writ petition in front of the SC for legal recognition of persons who fall outside the male/female gender binary. It contended that binary gender identities were violative of Article 14 (Right to Equality), Article 19 (Freedom of Expression), and Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.

The SC emphasised through its judgement that discrimination on the basis of gender identity and sexual orientation is violative of fundamental rights. Article 14 guarantees equality to any person, be it a man, woman, transgender, or third gender. The Court in its judgement made a distinction between biological sex and psychological sex. It held that the constitution prohibits discrimination on the basis of sex, which includes not only biological sex but also gender identity. They also have the freedom of expression whereby they can talk, dress, and behave in any manner they like. And, that Article 21 accords them the right to live a life of dignity.

This is the first time that the courts gave legal recognition to non-binary gender identities and recognised and upheld the fundamental rights of transgender persons in India. It was an attempt at legal transformation and securing the socio-economic rights of the transgender and third gender community.

 
     
     
 
  Niche Area Of Law- Artificial Intelligence and Law (II)
By Ms Muskaan Dargar

Predicting the future isn't magic, it's artificial intelligence.
 
 
 

~Dave Waters

 
 


India judiciary is one of the biggest judicial systems in the world. There are over 24 high courts and more than 600 district courts. And Indian court gets to see about 5 to 8 lakhs of cases being lodged every day. Globally, there is a standard of 20 judges to 1 million people. But India has a huge gap in this case.

AI has a huge influence in many professions and the legal profession is no exception. Predicting courts' decision has long been a goal of AI & Law research. Using a database of cases represented as sets of features and outcomes, computer programs can predict the results of new problems. They do so usually by means of case-based reasoning models or Machine Learning algorithms, sometimes combining the two.

The prediction techniques make use of different types of features represented in prior cases, ranging from names of judges deciding and law firms litigating cases of different types, to attitudinal information about judges, to historical trends in decisions, to stereotypical fact patterns that strengthen a claim or defense, that is, legal factors. Such features differ in the extent to which they capture information about the merits of a case. Judges' names, law firm names, and type of case, for instance, patent litigation or product liability, capture no information about the merits of a particular legal dispute. Automating the process would ingest huge volumes of legal data and help judges to arrive at the decision faster.

Food for thought: Will AI replace or assist our lawyers & judges?

 
 


Did you Know?
 

 
     
 
Have you ever wondered what is the difference between Article and Section?

By Ms Muskaan Dargar
 

There has always been a huge dilemma as to the meaning of Article and Section and why provisions of certain statues have article and others have section. So, any law which is fundamentally important or is basis of other laws then for provision of such statutes the word Article is used whereas for all other statues the word Section is used.

Let's take an example of Constitution of India and Indian Penal Code. The Constitutional Law is a supreme law of our country basically it's a grundnorm and all other laws whether it be Indian Penal Code, Indian Contract Act etc. must be in consistency with it and is based on the supreme Law. Thus, the word Article is used for Constitutional Law provision and for all other statues like Indian Penal Code the term section is used.

The reason why we use the term article for most of the International Laws and Conventions is they are a grundnorm for other statues.

** The term Grundnorm means- a point of origin for all law.

   
 
 
     
     
     
     
 

Harish Salve

Harish Salve is one of India's famous senior advocates who practices at the Supreme Court of India. He is amongst the most famous in the profession because of his impeccable track record and bringing glory to the profession in terms of the ethics he follows.

He completed his Chartered Accountancy from ICAI and LLB from Nagpur University. Before he became a lawyer, Salve practiced Chartered Accountancy in taxation. Upon seeing his excellence in drafting, comprehension, and critical thinking He was advised by Soli Sorabjee to take up law as a profession. He began his legal career as an intern in 1980 at JB Dadachandji & Co. During this time, he assisted Palkhivala in the famous Minerva Mills case learning the art of advocacy from the Legend himself. Salve worked with former Attorney General, Soli Sorabjee, from 1980-1986.

Harish Salve argued the first Anti-Dumping case in the Supreme Court of India. Salve was appointed as Amicus Curiae by the Supreme Court in some cases, mostly relating to preservation of the environment. He served as the Solicitor General of India from 1st November 1999 to 3rd November 2002. His clients include Mukesh Ambani's Reliance Industries Limited, Tata Group, ITC Limited,Vodafone to name a few. In May 2017, he represented India before the International Court of Justice in the Kulbhushan Jadhav case. Jadhav was sentenced to death by a Pakistani military court on charges of spying. Due to his efforts, the International Court of Justice has ordered a provisional stay on Jadhav's execution until a final verdict is declared. For this case he charged only ₹1(INR) in legal fees. India Today magazine ranked him 43rd in India's 50 Most powerful people of 2017 list. On 16 January 2020 he was appointed as a Queen's Counsel for the courts of England and Wales making the country proud which became a normal thing for him. Easily a personality worth idolizing for all law student fraternity.

By Prof. Deepu Krishna
 
 
 
     
  News & Events  
     
 
Inaugural Ceremony of Intra Neg-Med Competition 2022

We marked the beginning of the Intra Neg Med Competition 2022 on 3rd February 2022. After exhilarating Prelims and Quarter Final Rounds, our teams Peacemaker, Waffles, Ingenious Geniuses, and Apophis moved forward to the semifinals round. In the Semi-Finals, Teams Waffles and Aphopsis emerged as winners. Team Waffles and Apopsis are going to go against each other. We are pleased that the training conducted before the competition has helped students in putting their best foot forward. Judges have appreciated the level of arguments and preparation done by the students. Look forward to the exciting finals on 11th February 2022.

Read Here:
https://www.linkedin.com/posts/ifim-law-school_here-we-mark-the-beginning-of-the-intra-neg-activity-6894648759637159937-eVWD


 
Lecture series by IFIM Law School for law aspirants of the country.

Experience Law School its nuances and the highs and lows of the profession in this public lecture series (IFIM, Law & You) by the renowned names in legal academia in the likes of Prof. Padmanabha Ramanujam, Prof. Deepu Krishna & Prof.Harsh Vardhan Tiwari.

From: 4th-6th February 2022

Read Here:
https://www.linkedin.com/posts/ifim-law-school_lawschool-lawstudents-lawstudentlife-activity-6893188144926212096-LLbg

 
'Become a Lawyer and Raise the Bar: Pursue the 3-year LL.B. (Hons.) Program'.

Prof. Padmanabha Ramanujam, Dean, IFIM Law School, was the Expert Speaker at the Webinar hosted by Discover Law and LSAC Global. The topic was 'Become a Lawyer and Raise the Bar: Pursue the 3-year LL.B. (Hons.) Program', on February 11th, 7:00 pm IST.

Read Here:
https://www.linkedin.com/posts/ifim-law-school_lawschool-lawstudents-lawstudentlife-activity-6893188144926212096-LLbg

 
Call for Participation in Kanyathon 2022

Kanyathon is an annual charity sports event for the entire family organized by the students of IFIM Institutions, JAGSoM, and Vijaybhoomi University. Kanyathon focuses on the education and empowerment of the girl child and the empowerment of young women.

Date: 5th to 15th March 2022

Read Here:
https://www.linkedin.com/posts/ifim-law-school_kaeqnyaeqthon-ifim-socialcause-activity-6895777555408924672-hZ2i

 
Announcement of Agaaz 2022

Centre of Excellence for Women, Child, and the Law (CEWCL) at IFIM Law School announced 'AAGAAZ 2022' - a four-day event showcasing neglected pertinent areas on Women and Child in the light of International Women's Day 2022.

CEWCL has conceptualized 'Aagaaz' (literal meaning: A new beginning) to break the silence and spread awareness on these stigma topics by organizing events such as POSTER MAKING, PHOTOGRAPHY, DEBATE competitions.

All these events are on a VIRTUAL platform and focus on the core theme of the International Women's Day 2022 - #BREAKTHEBIAS'.

Read Here:
https://www.linkedin.com/posts/ifim-law-school_breakthebias-lawschool-lawstudents-activity-6895246199683710976-_i1Y

 
 
 
     
 

Are you considering reading Law?

By reading Law, you learn about people. Every single case you read & learn about the law, you have men or women or transgender on both sides. They had a catastrophe happen to them. In life, sometimes good or bad happen to them. When you read about the law or legal principles, it's not always about just law. If you have humanity, you will also think about the people. Reading Law is exciting & informative. You get to learn about new things that you saw online or heard from people around you. You reveal to yourself what happens in society. Reading Law is much wider. Reading Law is not just reading about legal principles but about people-their actions, their emotions, their stories. Therefore, the law being people-centric, you are required to think & make decisions. Law regulates the behavior of individuals in a society. You will develop an incredible skill while reading law is that of reading people & their actions. Law is not isolated from the lives of people.

Therefore, Law is such a fascinating subject.

To your success!