1.

JURISPRUDENCE
Long Questions & Answers

1Q. Define Jurisprudence? And explain nature, scope and importance?

Ans. The term Jurisprudence is Latin term having meaning ‘Knowledge of Law or Skill
of Law’ (Juris=Law). (Prudence=Knowledge of Law).Jurisprudence study about the
law. and it includes study of the term law, sources of law and legal terminologies, It
has been defined by various authors as follows:-

1. Salmond:- Jurisprudence is defined as Science of Law. In science there is systematic

study of Nature. And in Jurisprudence there is systematic study of Law.

2. Austin :- According to this author Jurisprudence is philosophy of Positive Law.

And it governess all actions of human being which are illegal and unjustified.

3. Gray :- According to this author Jurisprudence is study of legal Systems of all the
countries.

4. Duguit :- According to this author Jurisprudence is knowledge of just and unjust.

And Human law and Divine Law or Natural law.

Nature of Jurisprudence

1. It is Uncodified Law
2. It is common law in all countries
3. This law has been developed and not enacted by Legislatives.
4. It is also called as legal theory, be those is actual study of the term law in
Jurisprudence.
5. There is no scope for amendment and it is developing out of legal knowledge of the
people.

Scope of Jurisprudence:

There is wide scope of Jurisprudence and it is related with so many other subjects which
can be explained as follows:

1. Jurisprudence and economics:-

Economics is the science of wealth. People commit may illegal activities for the sake
of wealth and law tries to control illegal activities and to punish the criminals same
law is studied in Jurisprudence and therefore Jurisprudence and economics are
correlated.
2. Jurisprudence and Politics:-

Laws are enacted by political parties. Who are elected by people called as
Legislatures. Jurisprudence study law enacted by political parties who are in power
and therefore Jurisprudence is also related with Political Science.

3. Jurisprudence and Sociology :-

Sociology is also called as Science of Society. It study about development of Society.

Law is requirement of Society. Which is studied in Jurisprudence and it is related
with Sociology.

4. Jurisprudence and Ethics:- (Ethics means Morality)

Ethics or morality is base of Law. Many Laws have been enacted by considering
morality. But it is not in all the laws. Therefore law and morality are ethics are also
correlated.

Importance of Jurisprudence:-

1. It is compared with science which shows importance of Jurisprudence.

2. It study legal systems of all the countries.

3. It is called as foundation or base of the law and study of jurisprudence is much

important.

4. It is related with many other subjects which shows importance of jurisprudence.

5. It makes study of term law and sources of law which is necessary.

6. It is like tool in hands of legal expert which is helpful in interpretation of law.

7. It is like engine and all subjects are like bhogis and jurisprudence is helpful to
interoperate every law.

This subject makes study in details about legal Terminologies.

By all above points it is clear that study of Jurisprudence is much significant.

This details about definition, nature, scope and importance of Jurisprudence.

2Q. Critically examine all schools of Jurisprudence?

Ans:- School means group of the people who believe and support theory relating to law.
In every school different views have been expressed about the term law. All these
theories are subjected to Criticism. These are seven kinds of schools specified in
Jurisprudence which are as follows:-

1. Analytical School
2. Historical School
3. Sociological School
4. Philosophical School
5. Realist School
6. Comparative School
7. Natural Law School.

1. Analytical School :

According to this theory law is command of Sovereign. It is also called as Austin’s

Command theory or imperative theory. In other words it is stated that law is
command of Political superior over political inferior supported by sanction. It is
called as command because handful legislatures make law for all people of the
country. Without there opinion. Political superior are elected by member of
parliament or assembly. Political inferior are general public. Sanction means
Punishment or penalty.

Criticism:
There are many laws having no command such as Contract Act, Constitutional
Law, Marriage Law, International Law.

2. Historical School :-

This School is supported by savigny according to this author growth of Law is

inconcious. Such as Height, Hairs, Manners, Languages. This school given much
importance to customs and it says that law is found and it is not made. In every
society there was Law.

Criticism:
Custom is not main source of Law But in modern period Legislation is main source
of law.Many laws found are out dated and it cannot be effective source of law.
3. Sociological School :-
This school is supported by Benthan. According to this school law is social
phenomenon. Law and Society are related and there are two sides of same coin.
Society give birth to law and law cannot give birth to society. Therefore need or
requirement of society is law.

Criticism:
There is no participation of bark of society in law making process. Opinion of
general public is not considered in making the law.

4. Philosophical School :-

This school says that law is nothing but morality or ethics of the people. this school
is supported by Gray. There is morality or ethical values among the people and
because of that they have made rules to govern them self and it is law.

Criticism:
There are many laws which are not based in morality. Such as Vicarious Liability,
Security Laws. For Security of country and the people morality cannot be
considered in all the laws.

5. Realist School :-

This is school is supported by Justice Holmes. According to this school judgements

given by courts is actual Law. Any law made by legislatives is raw material and
finishing is given by judiciary. Therefore this school has given importance to
judgements of the courts.

Criticism:
Judges cannot be called as law makers and they have to interpret and enforce the
law Powers of judges are limited and they can give remedy if there is law.

6. Comparative School :-
This is school is supported by Henry Maine. According to this school law
developed out of comparison between the countries. Every country adopted same
rules from other country and made the law.

Criticism :
There cannot be comparison between over developed, under Developed and
developing countries. Local conditions and circumstances prevailing in country are
different and they cannot make law by comparison.
7. Natural Law School :- This is school is supported by Aristotes and Plato. Who were
Greek philosopher. According to this school God has give intelligence and wisdom
only to human being and they have made the Law by using it.

Criticism:
There are many laws which are contrary to intelligence for purpose of Security.
Requirement or necessity of society is considered in law making the process by
neglecting intelligence.

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3Q. Define Customs ? And explain essential requisites, Kinds, Merits and demerits of
Customs ?

Ans. There are three main sources of origin and development of law. And these are
Custom, Precedent and Legislation.

Custom is historical source of law. According to Salmond “Custom is body of rules

followed by ancient people and adopted by future generations as a Legacy”. Society
gives much importance to customs.

Essential Requisites of Varied Customs:

 It should be immemorial (Very off)

 It should be certain or definite
 It should be followed by all the people or majority of the people
 It should be observed in continuity
 It should be enjoyed peacefully
 It should not be contrary to law
 It should not be social evil or prohibited under Law such as custom of Saty,
Dowry is prohibited under Law.

Kinds of Customs: There are four kinds of customs

1. General Custom
2. Local Custom
3. Legal Custom
4. Conventional Custom.

1. General Custom :

General Customs are followed by all the people or majority of the people in the
country.
Eg: There are many festivals which comes under general customs, in Hindu
marriage saptapadi and kanyadan is general custom, in Muslim marriage mehar is
general custom.
2. Local Custom:
It is in particular area or region or community and it is not common among all the
people.

Eg: There are some festivals which are in particular region and become local
Custom, Muta marriage or contract marriage is local custom in Shia group of
Muslims and it is not common all the people.

3. Legal Custom:
There are many customs recognised and adopted by law and it become Legal
custom. Many general customs become legal customs.

Eg: Mehar, Iddat period ,Saptapadi, Kanyadan, Adoption are legal customs.

4. Conventional Custom :
There are many conventional customs which are unwritten and recognised by the
people .

Eg : Rules of games and sports, barter system, ceremonies in marriage. Merits or

Advantages of Customs:

 There is force of society behind the custom

 There is wisdom or intelligence of ancient people in the custom and it is better
 Customs are helpful and maintain civilization and culture of the country
 Customs gives happy occasions in life of the people
 Customs brings unity and integrity among people.

Demerits of Disadvantages of Customs:

 There are some customs which are social evils such as Saty, Dowry.
 There are many customs having no interpretation or explanation and people follow it
 Customs waste much time and not convent for developing country
 Customs becomes more expensive and poor people face problems
 Customs create law and order problem.
4Q. What do you mean by Precedent ? Explain kinds of precedent and its merits and
demerits as a source of law ?

Ans. Precedent is source of law. Precedent means all the judgements given by Supreme
court or High court which are recorded in case law reporters. These judgements
have to be followed by all the courts in similar cases.

Supreme court have power to over rule earlier judgement and declare new
judgement which is followed in Subsequent cases. Supreme court judgement is
binding on all the courts in India. And High court judgement is binding all the
district courts and taluka courts. High court judgement is not binding on supreme
court, but supreme court judgement is binding on all high courts. Therefore
precedent is also called as Judgement Law. Judges are not law makers, but, there
judgements have significance as a source of law. Advocates can produce
judgements of superior courts at the time of arguments in support of there cases
called as citation or case Laws.

Kinds of Precedent :

There are four kinds of precedent

i. Original precedent
ii. Declaratory precedent
iii. Authoritative precedent
iv. Persuasive precedent

1. Original precedent:
In original precedent supreme court or high court deliver new judgement first time
in a particular case . if earlier judgement is over ruled then also it is called as
Original precedent. In legal term it is known as ‘Ratio Decidendi ’ . It is applicable
in subsequent cases and not already decided cases. It is stated that ‘Judges are
master of law and not slave of law’. Therefore in interest of justice they can declare
new precedents.

Eg : In Shah banu case supreme court held that Muslim women having no source of
income is also entitled for maintenance from husband. It become new precedent or
original precedent but parliament deleted it by making new amendment in Muslim
personal law.

Eg: Supreme court held that negligence of doctor comes under jurisdiction of
consumer court. Patient is like a consumer who heir services of doctor by paying
the fees. This is Original precedent.
2. Declaratory Precedent :-
In this precedent there is nothing new. But already existing precedent is taken by
Subordinate judges in these judgements when more number of judges approve a
precedent then it becomes strong precedent it is also called as ‘Stare decisis’ it
means ‘ look back and decide’

Eg : When necessaries are supplied to a minor then it is a valid contract, binding on

his father or guardian which is declaratory precedent.

Eg : Cruelty is a ground of divorce is declaratory precedent and it include physical

and mental cruelty for a reasonable period such period may be decided by the
court.

3. Authoritative Precedent:-

Authoritative means more powerful and binding precedent. Supreme court

judgement is authoritative for high courts. If there is dissenting judgements of two
high court, then respective high court judgement is authoritative for subordinate
courts. Judgement of larger bench where there are more number of judges is
authoritative on smaller bench where there are less number of judges.

Eg: A.P high court held that Muslim minority is not entitled for 4% reservation in
education and employment supreme court held that they are entitled for
reservation and it became authoritative precedent.

4. Persuasive Precedent :-

In persuasive precedent superior court judges may write their opinion,

observation, unwanted details in support of the case, recommendations, reference
of foreign judgements which is not binding on any court. It is also called as ‘Obiter
Dictum’. Because of Obiter dictum there is growth of literature of law and it is
material for legislatures to make the law.

Eg: A Hindu performed second marriage after conversion in to Muslim. Supreme

court held that it is conversion of convenience . And religion of first marriage will
be considered in deciding the case. Supreme court also mentioned the state to make
Uniform Civil code for all the citizens which Obiter dictum or persuasive
precedent.
Merits of Advantages of Precedent:

1. There is certainty in Judgements

2. Precedent is declared after lengthy argument and it is better
3. Precedent is declared by legal experts
4. Impact on society will be examined and if it is not better then new precedent can
be declared
5. It bring check and control over discretionary powers subordinate court judges,
because they have to oblige precedents.

Demerits of Disadvantages of Precedent:

1. If superior court commit any error in judgement then it is multipled is

subordinate court
2. There is occasional overtaking of precedent may cause inconvenience to client
3. Ignorance of advocate on new precedent may cause injustice to client
4. In order to find out precedent there is much wastage of time and it is like ‘Few
grams of gold in one tonne of waste material’
5. It can be stated that cases cannot be similar in circumstances and facts. And
application of precedent is improper in deciding cases.
6. Hands of subordinate judges are tied with rope of precedent and they get less
scope to apply there wisdom.
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5Q. Define Legal Right ? and explain various kinds of legal rights ? how rights and
duties are corelated?

Ans. Legal right is enforceable in the court. It is stated that ‘Some rights are legal but not
moral’ and ‘Some are moral but not legal’. The term legal right has been defined as
follows :-

1. Salmond : Legal right is body of rules recognised by state and administered

through courts.

2. Austin : Legal right is the power vested in a person or persons to control others by
virtue of law of the country.

Eg: Husband divorced wife then it is her legal right to claim maintenance from
husband because of law.
Kinds of Legal Rights:

There are 8 kinds of legal rights

1. Corporeal rights and incorporeal rights

2. Perfect right and imperfect right
3. Legal right and equitable right
4. Vested right and contingent right
5. Right in Rem and right in Personam
6. Right in inreypropria and right in reyaliena
7. Positive right and negative right
8. Municipal right and international right.

1. Corpooreal Right and Incorporeal Right:

Corporeal right is on material things or tangible things such as Car, House, Plot,
Furniture. Incorporeal right is an immaterial or intangible things . It is also called as
intellectual property. Such as right or trademark, Copyright, Patent right and design.

2. Perfect Right and Imperfect Right:-

In Perfect right owner have all the powers. Such as in case of land he has possession and
registration in his favour.

In Imperfect right there is some defect such as ‘A’ mortgage his land then he cannot sell
it till repayment of loan amount because his right is imperfect.

3. Legal Right and Equitable Right:

Legal right is recognised and protected under common Law. Such as right of heirs in
ancestral property is Legal Right.

Equitable right is recognised under principles of equity such as when there are no heirs
then nearest relatives can make succession on property because they have Equitable
right.

4. Vested Right and Contingent Right:

Vested right is unconditional right Contingent right is conditional right
Eg :Father gives gift of a house to his daughter then she has vested right.

If father mention in gift deed that she will be given gift of the house if she performs
marriage within the caste. This is contingent right . because she cannot claim gift of
property without performing marriage within the caste which is a condition.

5. Right in Rem and Right in Persunom:

Right in Rem is recognised by the society and any affected party can take remedy when
right in Rem is violated. Such as when loud speakers used in locality then it is public
nuisance and any person of locality can take remedy.

Right in Persunom is personal right. Such as ‘A’ did not repay loan amount taken from
‘B’ then remedy is available to ‘B’ or his family member Because it is right in persunom.

6. Right in Rey Propria and Right in Reyaliena :

Right in Rey propria is in own property. Such as to use transfer, sale and destroy the
property.

Right in Reyaliena is in others property. Such as ‘A’ occupied plot belonging to ‘B’ and
continued possession for 20 years or more period. This right is protected as Easement
Right. And it is called as right in reyaliena.

7. Positive Right and Negative Right:

In Positive Rights law allows the people to do certain things called as Lawful act. In
Negative rights there is restriction to do certain things.

Eg : Right to make income is positive right. But to avoid taxes is negative right.

it is positive right to drive vehicle but negative right to drive vehicle without licence.

8. Municipal Right and International Right:

Municipal rights is relating to laws of the country. All fundamentals rights are municipal
rights.

International rights are given under international law. Such as right to go to other
country for education, employment, tour is a international right.

Rights and Duties:

Rights and Duties are correlated. Every right have corresponding duty. It can be stated
that rights and duties are two sides of same coin.

Eg : Right to travel by bus or train, but there is duty to purchase ticket.

Eg: Right to perform marriage is private right. But there is duty to pay maintenance to
wife and children. There cannot be right without duty. And there cannot be duty
without right.
6Q. Explain the term possession ? and modes of acquisition of possession and its kind
and legal provisions to acquire possession?

Ans. Possession is material control or physical control over the objects or property .
possession may be legal or illegal. It is stated that ‘Possession is nine points Law’. It
is stated that ‘No possession can be deprived without procedur established under
law’

Kinds of Possession:-

There are six kinds of possession

1. Corporeal and Incorporeal Possession
2. Mediate and Immediate Possession
3. Adverse possession
4. Concurrent Possession
5. Representative Possession
6. Possession in law and Possession in fact

1. Corporeal and Incorporeal Possession

In Corporeal Possession is on material property. Such as land, House, Money,

Ornaments.

In Incorporeal Possession is on immaterial property . Such as trademarks, copyright,

patent right, design.

2. Mediate and Immediate Possession:

Mediate Possession is of mediator for some period. In Immediate

Possession there is no mediator and it is direct possession.

Eg : ‘A’ sends money order to ‘B’ then the possession of post men is mediate possession.
And if ‘A’ pays money to ‘B’ directly then it is immediate possession.

Eg : ‘A’ sends goods by transport then possession of transfer company is mediate

possession

If ‘A’ delivers goods to ‘B’ directly then it is immediate possession.

3. Adverse possession:-
When anyone continues possession in contravention of the agreement or by violation of
order the court then it is adverse possession. Owner can claim damages from possessor
when there is adverse possession.
4. Concurrent Possession :-

When two or more persons have possession pf same property then it is called as
concurrent possession.

Eg: A,B and C are partners then they have concurrent possession of property of the firm.

Eg : A and B purchased a truck then they have Concurrent possession.

5. Representative Possession:

When any one represent other party and having possession then it is representative
possession. There is limited interest of possessor.

Eg : Conductor and driver have possession of bus but it is representative possession.

Eg: Bank manager have possession of money depositors which is representative
possession.

6. Possession in Law and Possession in Fact:

Possession in Law is lawful possession. Such as possession of agent, finder and bailee is
law possessor.

Possession in Fact may be legal or illegal. Such as possession of thief, robberors,

trespasser is possession in fact and not law.

Modes of Acquisition of Possession:-

There are three modes of acquisition of possession
1. By Taking
2. By Delivery
3. By Operation of Law.

1. By Taking:
Possession can be obtained by taking in this possession there is effort of one person.
Eg : ‘A’ picked coin fallen on the road, he got possession by taking.
Eg : ‘A’ went on the river and catch fishes he got the possession of fishes by taking.

2. By Delivery :
In this method there are at least two persons one person makes delivery and another
person takes it . it is transaction of possession between two persons.
Eg: ‘A’ gives a coin to a beggar he got possession of coin because of delivery.
Eg : ‘A’ shopkeeper gives article to a customer then customer got possession because of
delivery.
3. By Operation of Law:-

When any body gets possession because of order or judgement of the court then this
possession is acquired by operation of law.

Eg : Articles recovered by police from a thief and court gives order to handover articles
to owner . According to procedure owner get possession by operation of law.

Eg : Heir files a partition suit against head of family court gives. Judgement to give
property to the heir he got possession by operation of law.

Distinguish between Possession and Ownership:-

Possession Ownership
Possession is Defacto Ownership is Dejure (by law)
Possession in having Legal or illegal Ownership is Legal
Possessor is having limited right Owner is having unlimited right
Possession does not include Ownership Ownership generally include
possession.

Remedies to Protect Possession:

1. Possession is having protection because no possession can be deprived without

procedure established under law.
2. Possession is a fact and fact have to be protected.
3. Burden of proof is on owner , if he wants deprived possession.

7Q. What do you mean by Liability ? Explain various kinds of liabilities and
distinguish between civil and criminal liabilities?

Ans. Liability is responsibility or obligation of a person or persons which arises because

of Law or agreements between the parties.

Eg: ‘A’ have taken loan from ‘B’ then it is liability of ‘A’ to repay the loan amount.

Eg: ‘A’ is travelling by bus then there is liability to purchase ticket.

Therefore rights, duties and liabilities are correlated terms. Because of right there is
duty and because of duty liability arises when duty is not performed.
Kinds of Liabilities: There are six kinds of liabilities

1. Civil Liability
2. Criminal Liability
3. Vicarious Liability
4. Absolute Liability
5. Quasi contractual Liability
6. In nominate Liability.

1. Civil Liability:
Civil Liability arises which is of civil nature and remedy is given by Civil court. This
liability arises because of Law and contracts between the parties.

Eg: ‘A’ have borrowed loan from the bank then there is civil liability to make repayment
of loan amount. Otherwise bank can file recovery suit in civil court.

2. Criminal Liability :
In criminal liability there is provision of imprisonment or penalty or both . when any
body commits crimes or the act which is prohibited under any criminal law then there is
criminal liability.

Eg : ‘A’ have committed murder of ‘B’ then there is criminal liability of ‘A’

Eg : Husband makes harassment of wife for dowry there is criminal liability of husband
under prohibition of dowry act 1961.

3. Vicarious Liability :
This liability is of civil nature which arises under tort. When a tort is committed by one
person and other person is liable to pay damages then it is vicarious liability. This
liability arises because of relationship between the parties.

Eg: Driver of a bus caused accident there is vicarious liability of state transport
corporation which is master or employer to pay compensation to effected persons.

4. Absolute Liability: This liability arises without relationship between parties there is
no need to proof negligence . It is of civil code.

Eg: A is walking on the road and wall of the house collapsed and there is death of ‘A’
owner of the house have absolute liability to pay compensation.

Eg : A postmen enters into the house to deliver letter and a pet dog bites him. Owner of
pet dog have absolute liability to pay compensation.
5. Quasi contractual Liability:
This liability arises with out actual contract between the parties. Quasi Contract is
recognised under law and it is relation as if created between parties.

Eg: Necessaries supplied to minor then there is quasi contractual liability of his father
or guardian to make payment.

Eg : ‘A’ found and article on the road belonging to ‘B’. It is quasi contractual liability of
finder to return article to owner.

6. In Nominate Liability :
Some people create trust or wakf for religious, charitable and pious purpose. It is for
benefit of poor persons widows, handicapped persons, students, if benefit is withdrawn
without any reason then there is in nominate liability of the trust or wakf.

Distinguish between Civil and Criminal Liability

Civil Liability Criminal liability

1 This liability arises in civil court. This liability arises in criminal court.

2 There is no conviction or There is no provision of Conviction or

imprisonment
3 There is no state missionary to
enforce the law
4 There is no continuity of
proceedings
5 In civil liability good or bad
intention is immaterial
fine or both.
There is state missionary to enforce
criminal law
There is continuity of proceedings in
serious criminal cases.
In criminal Liability intention is taken
into consideration in deciding the cases.

8Q. What are the objects of administration of Justice? Explain Various theories of
punishments and criticism level against it?

Ans. State Government or the Central Government have to carry on social welfare
functions. It includes to provide security to the people and the country called as
Administration of justice. State carry on civil administration and criminal
administration by establishments of courts. State have to provide justice to the
people.

Objects of Administration of Justice:

Following are the objects or purpose to provide administration of justice.

1. To maintain law and order in society

2. To enforce the principle of live and let live
3. To prevent harassment and torture of innocent people
4. To maintain peace in the society
5. In order to prevent application of physical force if justice is not done in criminal law
6. In order to prevent increase in crimes in society.

Theories of Punishments:

In criminal administration of justice imprisonment is given to criminal when crime is

proofed. State have to provide accommodation, food, cloth to criminals in prison. State
have to spend lot of funds to administer criminal justice. There are five theories of
punishment specified in jurisprudence which are as follows:
1. Preventive Theory
2. Deterrent Theory
3. Reformatory Theory
4. Retributive Theory
5. Expiatory Theory

1. Preventive Theory : According to this theory purpose of punishment is to prevent

criminal from repetition of crime. He prevents himself because of following
reasons.

 Quality of food given in prison is not better

 There is deprivation of liberty
 There is bad company of other criminals
 There is effect on reputation of the criminal and his family.

This theory is generally applied to new offender and not habituated criminals.

2. Deterrent Theory :

According to this theory mind of criminal is polluted and it is difficult to bring change in
his behaviour. Criminal is like a coal and its colour cannot be eliminated . punishment is
given to criminal to teach lesson to like minded people who want to walk on path of
crime. Awareness is brought among them that fruits of crimes are bitter.

This theory does not applied to persons who have adopted crime as a profession.

3. Reformatory Theory:

This theory is based on idea of reformation and rehabilitation of criminals. Many

civilized countries support this theory. Crime is like a disease and prison is like hospital
for treatment of disease.
We should have crime and not criminal. Therese punishment is given to reform the
criminals. It is observer that criminals are committing more crimes after release from
prison and there is no reform among criminals.

4. Retributive Theory:

This theory is based on idea of revenge or vengeance. By committing crime he has taken
loan from society and by going to prison he repays it. When criminal have not shown
sympathy while committing crime then society also should not show any sympathy. It is
like blood for blood, hand for hand, some Gulf Countries support this theory.

Such punishments have been criticised because it produce bandcorde Criminals.

5. Expiatory Theory :

This theory is based on idea of repentance when a criminal sit in prison then there is
enough leisure time to think about the act. Criminal may think about his act and
understand his mistake and may not commit crime again.

This theory is not much effective because criminals are committing more crimes
and there is no repentance.

Short Questions & Answers

1Q. Classification of Law?

Ans. The term law is having broad meaning. Law means any rule of common action. It is
classified as follows.

i. Customary Law :- These laws are based on customs and many customs have no
clarification. Such as Saptapadi, Kanyadan, Idaat period, Mehar.

ii. Scientific Law: These laws are related to science called as physical law or
scientific law. Eg: Newton’s laws of motion, laws of gravitational force.

iii. Practical or Technical law: There are some laws which are practical in nature.
Such as law of Swimming, Typing, Acting, Singing and Dancing.

iv. Moral Laws: Moral laws are based on ethical values. And these are followed by
the people but court may not enforce it. Eg: To take bath everyday, to respect
elders, to pray God.

These are the Classification of laws in addition to laws enacted by legislature.

2Q. Sovereignty ?

Ans. Sovereignty means absolute independence of every country. When any country
 have sovereignty then no other country can interfere in internal matters of the
country. It includes following points:-

Every country can make its own constitution

 Every country can make own laws
 A country can run Government of its choice
 Every country can decide priorities
 Every country can have its own policies
Therefore Sovereignty term is having broad meaning in Constitution.

3Q. Kinds of Legislation?

Ans. There are two kinds of legislation 1.Supreme Legislation &
2.Subordinate Legislation
1. Supreme Legislation:
This legislation is enacted by parliament or state assembly. Parliament makes laws for
whole country and state assembly makes laws for particular state. Eg : Hindu marriage
act, Adoption act, Succession act.

2. Subordinate Legislation:

There are five kinds of Subordinate legislation.

i. Colonial Legislation: This law was enacted by kings applicable in respective
territory.

ii. Judicial legislation: Supreme court makes rules for all courts in India. High court
for all courts in state. Eg : Appointment of staff, holidays in court, transfers,
allotment of work.

iii. Executive Legislation : Executive are superior officers makes rules for respective
dept. binding on people. Eg : Rules of traffic made by traffic commissioner , rules
of DEO for school education, rules of tax commissioner.

iv. Autonomous Legislation: These rules are made by autonomous bodies such as
bank, LIC, university , Railway and Airlines.

v. Municipal Legislation : These rules are made by municipal Councillors effective

with in municipal jurisdiction. Eg : Rules of property tax, road widening,
municipal gardens, schools and dispensary.

4Q. Kinds of legal persons?

Ans. There are three kinds of legal persons:-

1. Company or Corporation is common Legal person.

2. Institutions includes Schools, Colleges, Library , University and clubs.

3. Wakf or Trust is also legal person. Only money or property is not a legal
person.Legal person is having name, property in the name of legal person and it
can be sued or be sued.

5Q. Codification?

Ans. Codification means division of law in sections, sub sections and clauses. It is having
following advantages
1. It brings certainty
2. It is easy to find out relevant law because of codification
3. It is convenient to deliver judgement and make argument when there are particular
sections.

Therefore codification is having recognition and support in legal systems and most
of the laws are Codified.

6Q.Legal Status of Unborn person?

Ans. Legal person is imaginary person. Unborn person have contingent legal personality
depend on his birth. Without birth unborn person cannot be called as legal person.
Even though he has following rights.

1. Death Sentence:- Any pregnant women cannot be hanged to death for any crime
because law cannot punish unborn child who is likely to take birth.

2. Injury :- When any child caused injury before birth then after birth compensation
can be claimed.
3. Miscarriage or Abortion:- Any miscarriage or abortion with out consent of
pregnant women is a crime under Sec 412 of IPC having 5yrs imprisonment. It is
legal right of women to give birth of the child.
4. Partition:- when there is partition of joint family property among the heirs and after
that child have taken birth it is right of the child to claim his share in the property
by filling suit called as reopening of partition.
7Q. Legal Status of Dead Person?

Ans. Dead person is having rights under the law. But dead person is not a legal person.
These rights are as follows:-
1. Will :- When a person has enacted a will then after his death property is given to
heirs according to will.

2. Disturbance to Dead body :- Anybody who cause disturbance to dead body from
taking to grave yard is a crime U/S 297of IPC having 2yrs imprisonment.

3. Right of Decent Burial :- If there are no heirs then it is duty of municipality to

dispose the dead body with respect.
8Q. Kinds of Obligations?

Ans. Obligation means Legal duty. There are two kinds of Obligation.
1. Simple Obligation: In this obligation relevant party have to perform his legal duty.
Eg : ‘A’ have taken loan then it is simple obligation of ‘A’ to repay the loan amount .
After death of debtor it has to be paid by the heirs which is Solidary obligation.

2. Solidary Obligation: In this obligation act is done by one party and there is
obligation from other party.
Eg : ‘A’ have taken loan and made default then there is solidary obligation of surety to
make payment of loan amount.
Eg : Driver caused accident then there is obligation of master to pay the compensation.
9Q. Mensrea?

Ans. Mensrea is mental element which includes bad intention, negligence. There is a
maxim in criminal law ‘Actus Facit Reum Nisi Mens Sit Rea’ it means ‘Act is guilty
when mind is guilty’. Mensrea is considered in deciding criminal cases.

Eg : ‘A’ catch hand of women with bad intention. It is crime u/s 354 called as outraging
modesty of the women. If women fell in river and ‘A’ removed her in any condition
then it is not a crime because there is no mensrea or guilty mind.

Mensrea does not apply in accident cases. There is liability of the person who
caused accident when though there is no mensrea.

10Q. Negligence?

Ans. Negligence is act of carelessness which result in injury or death or damage to

property. Negligence is tort as well as crime. In tort of negligence effected party or
his family member can claim compensation. And it is crime in IPC . if death or
injury caused there is provision of punishment because it is a crime.

Eg : Driver of a bus is driving bus negligently in which there is accident which resulted
in death of a person u/s 304a of IPC driver is liable for 2yrs imprisonment because
he caused death negligently.

Corporation who is master have to pay compensate under vicarious liability for
negligent act of driver.

11Q. Kinds of Ownership?

Ans. There are five kinds of ownership.

1. Corporeal and Incorporeal Ownership
2. Absolute Ownership and Conditional Ownership
3. Vested and Contingent Ownership
4. Legal Ownership and Equitable Ownership
5. Co ownership and Joint ownership

1. Corporeal Ownership and Incorporeal Ownership:

Corporeal ownership is in material property. Such as ownership of Car, house and land.
Incorporeal ownership is in immaterial property. Such as trade mark, patent, copyright.
2. Absolute Ownership and Conditional Ownership :
In absolute ownership owners have all the rights. It is also called as perfect ownership.
Such as ‘A’ have possession and documents of the property.

Conditional ownership in this it is based on condition and it is imperfect ownership.

Eg : ‘A’ have made advance payment of part of the amount then it is conditional
ownership. Depend on payment of balance of the amount.

3. Vested and Contingent Ownership :

In Vested ownership all powers are transferred but contingent ownership is depend on
happening or not happening of the event.

Eg : Father have given gift of the house to daughter then it is vested ownership. If he
mentions that property will be given if she performs her marriage then daughter
have contingent ownership.

4. Legal Ownership and Equitable Ownership :

Legal ownership is heirs and equitable ownership is of nearest relatives. When there are
no heirs.

5. Co-Ownership and Joint Ownership :

Co-ownership is of partners in partnership firm and share holders in company.
Joint ownership is of all the heirs in joint family.

11Q. Sanction ?

Ans. Sanction means punishment which is given when any crime is committed.
According to criminal law. Following are the different kinds of sanctions.

1. Death sentence : It is given in rarest of the rare crime which is of serious nature.

2. Life Imprisonment : It is also given in serious crime and mini period is 14 yrs
imprisonment.

3. Rigorous Imprisonment : In this imprisonment hand work is given to criminals in

prison. It is generally given to habituated criminals.

4. Simple Imprisonment : In this punishment there is light work or no work and it is

given to new offender or in petty crimes.
5. Solitary Confinement : This punishment is given to dangerous criminals and
maximum 3 months he is kept alone in a dark room and not allowed to mix with
other criminals.

12Q. Forfeiture of Property ?

Ans. When any one commit crime and abscond then court may order to forfeit his
property and by selling it amount can be deposited in Government Treasury.

1. Fine or Penalty : It is imposed in petty crimes was there is provision of

imprisonment of fine.