Who is a lawyer 

A lawyer has certificates in his professional degree to give legal advice and solve internal matters, as there are so many types of lawyers and courts. For example:- 

There are a few types of courts like 

• Supreme court – The Supreme Court of India is the highest or the apex judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. It is located in Delhi, with no other benches in any part of the country. It is presided by the Chief Justice of India.

Primarily, the Supreme Court is the court of appellate jurisdiction (Article 132 to 136). In case of violation of Fundamental Rights granted under the Constitution of India, a Writ petition (Article 32 (2)) can be filed in the Supreme Court of India. In addition, the Supreme Court has Original Jurisdiction and advisory jurisdiction of the Supreme Court (Article 143). The Supreme Court and High Courts also enjoy the power of judicial review.

• High Court – At the level of the States and Union Territories, the High Court is the highest court. The Supreme Court of India’s rulings and decisions are binding on the High Court according to historical precedent. There are 24 High Courts in various Indian states. The High Courts also have many division benches located in various regions of their respective states to expedite, reduce costs, and administer justice effectively.

• According to Article 225, the High Court is primarily also granted appellate power, and the High Courts in Calcutta, Mumbai, Delhi, and Chennai are also granted original jurisdiction. An aggrieved party can approach the High Court by filing a W Petition in the event that Fundamental Rights have been violated and “for any other purpose” as stated in Article 226.

Types of cases 

Criminal cases: Criminal proceedings include upholding social norms spelled out in state legislation. The government prosecutes people in criminal prosecutions for allegedly breaking such laws (or for allegedly committing a crime). In criminal instances, punishment may be fines, community work, probation, or even imprisonment.

The discovery of types of crimes fall under three category – 

General crime cases and identification of the criminal 

Identify of suspect 

Collection of various suspects to put the evidence before the court. 

What is included in criminal cases – 

Crimes like importing and exporting drugs. 

Various murder cases, complaints, assaults, sexual harassment, and thief identification. 

Civil cases:- 

Civil lawsuits include disagreements between individuals or groups, including enterprises, and are frequently monetary in nature. Civil cases include litigation for money, landlord/tenant disputes, allegations of contract violation, and situations where one person is attempting to compel another person to act (such as force them to sell some property) or refrain from acting (such as prevent a foreclosure).

You can contact the Civil Law Self-Help Centre online or go to the center on the first floor of the Regional Justice Centre if you require information or forms for a general civil matter.

Various examples of civil cases 

Damage to property 

Loan disagreements 

Tenants issue 

There are many types of lawyers in India, depending on the cases. Some of the lawyers are given below 

Civil lawyers 

Criminal lawyer 

Corporate lawyer 

Family lawyer 

Salary lawyer 

What is a family court? 

As the name suggests, the family court looks forward to cases involving family problems such as divorce and child custody. 

It was amended in 1984, aiming to achieve peace and settlement in families issue and marriage disputes. 

Types of cases handled in family courts

Marriage dissolution 

Uneven settlement 

Children custody 

Name changes 

Cases under family courts 

Parental Rights Termination and Adoption. The family court may terminate a parent’s rights if there are compelling reasons for that parent to no longer retain custody of a child (such as abandonment, neglect, abuse, etc.). The parent-child connection can be legally established through adoption if another person wishes to be the child’s legal parent. Further information is on this page under the headings of Adoptions and Terminating Parental Rights.

Children’s Issues. All cases involving claims of child abuse, neglect, or involvement in unlawful activity by children are handled by the family court. The District Attorney’s Juvenile Division is primarily in charge of these proceedings. Work permits for kids under 18 may also be authorized by the family court.

How is family court different from other courts? 

The Family Court differs in many respects from other courts, such as the criminal courts. These two are only the most important.

Any disputed fact must first be established based on what is known as the “balance of probabilities.” This means that each truth under question must be proven to be more probable than not to be considered as having occurred. To distinguish it from the criminal standard of proof, it is sometimes known as the civil standard of proof.

The Act’s provisions make it clear that people who teach and do research in family law at academic institutions and universities and are therefore considered authorities in the field as a whole are ineligible for appointment as family court judges. This is an unintentional omission. Particularly when that Central and State Government personnel who are qualified work in positions requiring specialized legal knowledge.

Is a lawyer necessary in family court? 

The rules and regulations set by central authorities suggest that an effective counselor plays an important role in working in major family courts. 

But if someone from the family wants to hire a lawyer for their extreme cases, they can proceed with calling a lawyer. 

The role of a lawyer is to know the reason for the dispute to counsel their clients and to provide knowledge of various negotiations. 

Thus providing a medium for settling disputes between families, indirectly decreasing divorces in India. 

Ending words:- 

As there are various fields and diversion of law similarly, the basic difference between a lawyer and an advocate is that a lawyer is less experienced, and the advocate is highly knowledgeable and experienced to handle all the cases. 

Thus we can conclude by saying there is no compulsion for a lawyer in family court but there is no restrictions to call out a lawyer in a family court in Hamilton.