Solving Legal Problems: How to Conduct a Common Law Analysis?
By Prof. PadmanabhaRamanujam

One of the key objections raised towards an opponent's argument is questioning the very basis of that argument. We often say that our rival's argument is fallacious, that it does not have a sound legal analysis. So, what is the right way to conduct a legal analysis? The next step to solving a legal problem, after identifying the issues and the relevant rules is legal analysis.

Common-Law Legal analysis is the process of analysing the application of judicial decisions to a given case. It follows the principles of precedent and stare decisis. Precedent refers to the court rulings which act as an authority for all subsequent cases with similar facts or legal issues. While stare decisis refers to the doctrine which obliges the courts to follow these precedents.

There are two methods for common law analysis using these principles. These are analogy and distinction. Every lawyer is faced with two possible questions when considering a precedent. First, how is the precedent similar to my client's case. And second, how is the precedent different from my client's case. The more similar or analogous the given case is to the precedent, the more binding the rulings of those precedents will be. However, the more distinct the given case is from the established precedents, the less applicable the decided rulings will be on the present case.

Although these principles and methods seem straightforward, the application isn't always so. A legal analyst must pay attention to those intricate details which can either support or dissuade the application of such cases. The un-weaving of minute threads to bring forth the details isn't limited to shows like Suits but is something which is and should be undertaken by every legal analyst for every case, albeit the drama. And that is the gist of how to go about conducting a common law analysis.

Stay tuned to learn about the next step!

 
     
     
     
  Hussainara Khatoon v State of Bihar
By Shambhavi Thakur  
 
 


What power do words have? If you ever find yourself wondering this then read on. In 1979, the Indian Express published a piece on the pathetic condition of undertrial prisoners in Bihar. It also reported that some of these prisoners had been serving for more than the actual span of their imprisonment. After reading this, Advocates Pushpa Kapila Hingorani and her husband Nirmal Hingorani filed a writ of habeas corpus in the Supreme Court of India. It is the first case of Public Interest Litigation in India. It asked for the release of 17 prisoners as mentioned in the article.

This case was the harbinger of the rights of undertrial prisoners in India. It brought to the spotlight the pertinence of the right to a speedy and just trial. In this case, men, women, and children were kept behind bars while awaiting their trial for years. They were remanded to judicial custody repeated. Hence, being imprisoned for longer than the sentence for their alleged crime.

The Supreme Court after considering all the submissions held that the detention of these prisoners was illegal and in violation of the fundamental right to life and liberty as guaranteed by Article 21 of the Indian Constitution. It also recognised the inadequate state of the legal system in India. At the same time, it held that inadequacy of the legal system cannot be used to illegally detain prisoners and deprive them of their right to a speedy and fair trial.

While the ruling resulted in the release of the 17 prisoners, it also triggered the release of 40,000 undertrial prisoners detained illegally nationwide. This landmark judgement which was set off by a newspaper article remains one of the most impactful decisions. It started a conversation on the human rights of detainees, and 43 years later the conversation is still ongoing.

 
     
     
 
  Niche Area of Law
By Prof. Nishant Sheokand

Science, Law, and Technology
 
 
 


Software, hardware, platforms, and networks are regulated by sometimes conflicting and overlapping sets of laws, policies, and norms. New technologies are constantly creating new frontiers for policymakers trying to understand and balance the costs and benefits to society.

With law often playing catch up to ever-changing technology, the study of how the law interacts with science and technology is more critical now than ever before. It can be grouped into four, often-overlapping clusters: Intellectual Property Law, Health Law, Internet Law, and Technology & Civil Liberties. A student might wish to explore the field broadly by taking courses from a number of these fields. The Law and Technology field explores the opportunities, legal problems, and risks concerning the most pressing issues in the 21st century, such as e-commerce, intellectual property, cyberspace, cryptocurrencies and blockchain, artificial intelligence, big data, cloud computing and other financial technologies. It considers the most effective and appropriate regulatory approaches to address such legal challenges, from interdisciplinary, international and transnational perspectives. Alternatively, a 21st-century student might concentrate deeply on a particular area through experiences beyond the classroom.

Through novel research and discussion across viewpoints and sectors, a potential law student must endeavour to understand the complexities at play and choose this niche area of law.

 
 


Strange law
 

 
     
 
Warning: When visiting Venice city, be careful not to feed the pigeons.

By Vaisnavi Y.L., student, IFIM Law School
 

The Italian city of Venice surely makes it onto every traveller's must-see list. It is a destination unlike any other, with a reputation for romance that surpasses even that of the Italian capital. But travellers be careful, feeding the pigeons seems harmless, doing so at St. Mark's Square, in the heart of Venice, Italy, might result in a fine. This law took effect in 2008. City officials stopped the common practice of feeding the local pigeons, which are commonly visible in the area, in order to prevent the flying rodents from damaging their UNESCO-listed city. You might be fined up to 700 if you break this regulation, Pigeons are allegedly eating away at the city's marble sculptures and buildings by pecking at small cracks in the facades to reach for blown-in food leftovers, according to authorities. Cleaning up after the birds costs each inhabitant over 275 per year, according to reports, thus the tables are turned. The fight against the birds is part of a larger effort to promote decorum and sanitation in the UNESCO World Heritage Site, which attracts quite a lot of tourists.

   
 
 
     
     
     
     
 

Cornelia Sorabji
By Muskaan Dargar

For many Indian women in pre-independence India, freedom and liberty were far-fetched fantasies. They were enslaved behind veils, unable to speak with anybody other than family members and reliant on British male lawyers to defend their legal battles, if they had any at all. But one Maharashtra girl battled for all women's rights, not just her own.

This is a story of tenacity and perseverance. Cornelia Sorabji was the first woman lawyer to practise in both India and the United Kingdom. Cornelia is a woman of many firsts. She was a pioneer of women's rights in India.

Born on 15 November 1866 in Devlali, near Nashik. Her father, Reverend Sorabji Karsedji, and mother Francina Ford made sure all their children received English education, despite the disapproval of many in their society. Cornelia pursued Literature and graduated with a first-class degree in 1888, becoming the first woman graduate from Mumbai University. And was also the first Indian woman to study at a British University and the first-ever woman to study law at Oxford. In 1892, Cornelia became the first woman to pass the prestigious Bachelor of Civil Law course from Oxford University. But Oxford withheld her degree because women were still not allowed to register as advocates.

Disheartened, she returned to India in 1894 but the situation back home was the same. She wanted to help the purdanasheens - women who had to be behind veils at all times and were not allowed to talk to anyone apart from their families. Cornelia wasn't generally allowed to defend them in courts but was given special permission to enter pleas on their behalf, before British lawyers.

Cornelia earned her LL. B from Mumbai University in 1897 and passed the Allahabad High Court's pleader's test in 1899. She was still not recognised as a barrister, and she was limited to doing paperwork and entering pleas in front of male lawyers. Cornelia was frequently mocked for her service, yet she persisted. She was authorised to help in some court trials five years later. She was named the first women assistant to the Bengal Court of Wards in 1904. She also assisted in instances in Bihar, Odisha, and Assam starting in 1907. Over the next two decades, she compassionately assisted over 600 mothers and orphaned children, frequently pro gratis, in their legal struggles.

Her dedication was rewarded over thirty years later. She was admitted to the London Bar in 1922, making her the first woman to practise law in both the United Kingdom and India. Cornelia returned to Calcutta in 1924, the year India opened its courtrooms to women, and enrolled as a lawyer in the High Court, becoming the first woman to do so.

 
 
 
     
  News & Events  
     
 

Resilience is our Guest of Honour Padma Shri KY Venkatesh's middle name. It is because of this never say die attitude that he stands tall in his achievements in the field of para-sports. Para-athlete Shri KY Venkatesh entered the Limca Book of Records for winning six medals at the 4th Dwarf Games. His excellence in multiple games like athletics, hockey, football, volleyball, basketball and badminton has taken him places.

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The 27th Founder's Day at IFIM Institutes was a melting pot of events with multiple activities taking place, celebrations in the air and happiness all around.

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An alumnus of glorious institutions. Passionate educator. Entrepreneur par excellence. A champion for liberalisation and de-regularisation of the Indian economy. Our Chief Guest Mr. Dilip Thakore wears many hats. But the one that sets him far ahead of the crowd is the fact that he is a staunch supporter of private education. Mr Thakore was the Chief Guest at IFIM Institution 27th Founder's Day.

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Presenting the first-ever National Moot Court Competition on Crypto and Smart Contracts and the judges for the competition. They are true industry stalwarts armed with years of legal knowledge and professional wisdom. Good luck to the participants as they take on each other at the 1st IFIM Unacademy National Moot Court Competition 2022 on cryptocurrency

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Editorial Team:
Chief Editor: Prof. PadmanabhaRamanujam
Managing Editor: Prof. Nishant Sheokand
Executive Editor: Ms Shambhavi Thakur