INFORMATION SECURITY

1. Study about different types of Law and International Laws for an

Organization and present in your own style

Laws are rules that mandate or prohibit certain behaviour; they are drawn from
ethics

TYPES OF LAW
 Civil law
 Criminal law
 Private law
 Public law
CIVIL LAW
The civil law system is a codified system of law. It takes its origins from Roman
law. Features of a civil law system include:
 There is generally a written constitution based on specific codes (e.g.,
civil code, codes covering corporate law, administrative law, tax law and
constitutional law) enshrining basic rights and duties; administrative law
is however usually less codified and administrative court judges tend to
behave more like common law judges;
 Only legislative enactments are considered binding for all. There is little
scope for judge-made law in civil, criminal and commercial courts,
although in practice judges tend to follow previous judicial decisions;
constitutional and administrative courts can nullify laws and regulations
and their decisions in such cases are binding for all.
 In some civil law systems, e.g., Germany, writings of legal scholars have
significant influence on the courts;
 Courts specific to the underlying codes – there are therefore usually
separate constitutional court, administrative court and civil court systems
that opine on consistency of legislation and administrative acts with and
interpret that specific code;
 Less freedom of contract - many provisions are implied into a contract by
law and parties cannot contract out of certain provisions.
A civil law system is generally more prescriptive than a common law system.
However, a government will still need to consider whether specific legislation is
required to either limit the scope of a certain restriction to allow a successful
infrastructure project, or may require specific legislation for a sector. Please go
to Legislation and Regulation and “Organizing Government to think PPP”
sections for more information on this.
There are a number of provisions implied into a contract under the civil law
system – less importance is generally placed on setting out ALL the terms
governing the relationship between the parties to a contract in the contract itself
as inadequacies or ambiguities can be remedied or resolved by operation of law.
This will often result in a contract being shorter than one in a common law
country.
It is also important to note in the area of infrastructure that certain forms of
infrastructure projects are referred to by well-defined legal concepts in civil law
jurisdictions. Concessions and Affermage have a definite technical meaning and
structure to them that may not be understood or applied in a common law
country. Care should be taken, therefore, in applying these terms loosely.

CRIMINAL LAW
Circumstantial evidence is used in criminal courts to decide the fate of accused
by establishing guilt or innocence through reasoning. According to Benthem
witnesses are the eyes and ears of justice. But testimony of witnesses is not
always credible; therefore, facts are provable not only by witnesses but also by
circumstances.
My evidence for this assertion is all indirect, it’s what we call circumstantial
evidence the same the people are hang for. Giving the importance of
circumstantial evidence in criminal cases and discussing the present role of
circumstantial evidence, in nailing the two most leading cases, of Manu Sharma
and Santosh Kumar, the same evidence that the trial court had dismissed as
being insufficient or inadequate for conviction. Although it seems self-evident,
that meaning of evidence must be articulated first, before the next steps in the
analytical process may be pursued.
Historical Background of Circumstantial Evidence
Circumstantial evidence is not considered to be proof that something happened
but it is often useful as a guide for further investigation. An example from
genealogy would be that if census records showed several people with the same
surname lived at the same address, likely relationships could be inferred from
age and gender. Circumstantial evidence is used in criminal courts to establish
guilt or innocence through reasoning.

Analysis of the term Evidence

Evidence is the raw material which a judge or adjudicator uses to reach findings
of fact. The findings of fact that the evidence generates are - for all their flaws -
what happened for all intents and purposes of the legal proceeding. If you do
not agree with the fact-finding that has been made (or even if you know it to be
wrong), recognize that the rules of evidence are the best rules that law know of
to reach the necessary goal of fact-finding. In its original sense the
word evidence signifies, the state of being evident i.e. plain, apparent or
notorious. But. It is applied to that which tends to render evidence or generate
proof. The fact sought to be proved is called the principal fact; the fact which
tends to establish it, the evidentiary fact.

PRIVATE LAW OR CORPORATE LAW

It was the view of many in the Indian Independence Movement,
including Mahatma Gandhi that workers had as much of a right to participate in
management of firms as shareholders or other property owners. [4] Article 43A of
the Constitution, inserted by the Forty-second Amendment of the Constitution
of India in 1976, created a right to codetermination by requiring the state to
legislate to "secure the participation of workers in the management of
undertakings". However, like other rights in Part IV, this article is not directly
enforceable but instead creates a duty upon state organs to implement its
principles through legislation (and potentially through court cases). In 1978
the Sachar Report recommended legislation for inclusion of workers on boards,
however this has not yet been implemented.
The Industrial Disputes Act 1947 section 3 created a right of participation in
joint work councils to "provide measures for securing amity and good relations
between the employer and workmen and, to that end to comment upon matters
of their common interest or concern and endeavour to compose any material
difference of opinion in respect of such matters". However, trade unions had not
taken up these options on a large scale. In National Textile Workers Union v
Ramakrishnan[7] the Supreme Court, Bhagwati J giving the leading judgment,
held that employees had a right to be heard in a winding up petition of a
company because their interests were directly affected and their standing was
not excluded by the wording of the Companies Act 1956 section 398.

PUBLIC LAW
Public law refers to the relationship between individuals and the government
and dealing with the structure and operation of the government. It affects
society as a whole. It is sub-divided into several branches, including
constitutional, administrative and statutory law, which resolve conflicts between
individuals and government. Public law was originally defined by the Roman
as Res publica – i.e. ‘the public thing,’ or in the public interest and common
good, and based on the differentiation between the state and the government
The Rule of Law the idea that the administration of the state should be
controlled by a set of laws originated in Greek Antiquity and was revitalized in
by modern Philosophers in France (Rousseau), Germany (Kant) and Austria in
the 18th century. It is related to the strong position of the central government in
the era of enlightened absolutism, and was inspired by the French Revolution
and enlightenment. It developed hand in hand with the creation of civil Law
and criminal Law.
INTERNATIONAL LAW
International law, also known as public international law and law of nations,[1] is
the set of rules, norms, and standards generally accepted in relations
between nations. It establishes normative guidelines and a common conceptual
framework to guide states across a broad range of domains, including war,
diplomacy, trade, and human rights. International law allows for the practice of
stable, consistent, and organized international relations.
The sources of international law include international custom (general state
practice accepted as law), treaties, and general principles of law recognized by
most national legal systems. International law may also be reflected
in international comity, the practices and customs adopted by states to maintain
good relations and mutual recognition, such as saluting the flag of a foreign ship
or enforcing a foreign legal judgment.
Elements of the naturalist and positivist schools became synthesised, most
notably by German philosopher Christian Wolff (1679–1754) and Swiss
jurist Emerich de Vattel (1714–67), both of whom sought a middle-ground
approach in international law. During the 18th century, the positivist tradition
gained broader acceptance, although the concept of natural rights remained
influential in international politics, particularly through the republican
revolutions of the United States and France. Not until the 20th century would
natural rights gain further salience in international law.
Several legal systems developed in Europe, including the codified systems of
continental European states known as civil law, and English common law,
which is based on decisions by judges and not by written codes. Other areas
around the world developed differing legal systems, with the Chinese legal
tradition dating back more than four thousand years, although at the end of the
19th century, there was still no written code for civil proceedings in China