Jurisprudence

Veryshort
UNIT-I
a) What is the meaning of the term Jurisprudence?
Jurisprudence means the study or theory of law, understanding its principles, nature, and
applications.

b) What do you mean by Precedent?

Precedent is a legal decision or judgment used as a reference for future similar cases.

c) What is the definition of Jurisprudence according to Holland?

Holland defines jurisprudence as the formal science of positive law.

d) How does Austin define Law?

Austin defines law as a command issued by a sovereign, backed by sanctions.

e) What is Jurisprudence according to Julius Stone?

Julius Stone describes jurisprudence as the lawyer’s extraversion, explaining the principles
that lie behind specific laws.

f) What is law called in Hindu Jurisprudence?

In Hindu jurisprudence, law is called Dharma.

g) What is the importance of Jurisprudence in Law?

Jurisprudence helps understand the principles, development, and interpretation of law,
making it a foundation for legal systems.

h) State the three sources of law.

The three sources of law are:
Legislation
Precedents (Judicial Decisions)
Customs

i) What is law according to Salmond?

Salmond defines law as the body of principles recognized and applied by the state in the
administration of justice.

j) State the definition of Jurisprudence according to Ulpian.

Ulpian defines jurisprudence as the knowledge of things divine and human and the science
of the just and the unjust.

UNIT-II:
a) Leon Duguit belongs to which school of jurisprudence?
Leon Duguit belongs to the Sociological School of jurisprudence.

b) What is Volksgeist?
Volksgeist means the "spirit of the people" and refers to the collective consciousness and
culture of a society, as explained by Savigny.

c) Who is the chief exponent of the Analytical School?

The chief exponent of the Analytical School is John Austin.

d) Who is known as Darwinian before Darwin?

Herbert Spencer is known as the Darwinian before Darwin for applying evolutionary theory to
society.

e) Ihering belongs to which school of jurisprudence?

Ihering belongs to the Sociological School of jurisprudence.

f) Explain the meaning of static society.

A static society is one that is resistant to change, maintaining traditional laws and customs.

g) Sir Henry Maine belongs to which school of jurisprudence?

Sir Henry Maine belongs to the Historical School of jurisprudence.

h) What is equity?
Equity is a system of justice based on fairness and principles to supplement strict legal rules.

i) Who has given the ‘pleasure and pain theory’?

The ‘pleasure and pain theory’ was given by Jeremy Bentham.

j) Who coined the term Sociology?

The term "Sociology" was coined by Auguste Comte.

UNIT-III:
a) What is Administration of Justice?
It is the process of applying laws by courts to ensure fairness and resolve disputes.

b) What is Social Justice?

Social justice means ensuring equality and fairness in society, addressing issues like
discrimination and inequality.

c) What is Economic Justice?

Economic justice refers to fair distribution of wealth, resources, and opportunities in society.

d) What is Civil Justice?

Civil justice involves resolving disputes between individuals or organizations, often related to
contracts, property, or family matters.

e) What is Criminal Justice?

Criminal justice deals with punishing and rehabilitating individuals who commit crimes to
maintain law and order.

f) What is Social Sanction?

Social sanction is a form of societal approval or disapproval to enforce norms and behavior.

g) What is Legal Justice?

Legal justice refers to the fair application of laws as written and enforced by courts.

h) What is Rule of Law?

Rule of law means that everyone is subject to the law, and no one is above it, ensuring
equality and fairness.

i) What is Law?
Law is a set of rules established and enforced by a state to regulate behavior and ensure
justice.

j) What is Injustice?
Injustice occurs when laws or actions result in unfair treatment or violations of rights.

UNIT-IV:
a) What do you mean by the maxim “Ubi jus ibi remedium”?
It means "where there is a right, there is a remedy," emphasizing that legal rights must have
a way to enforce them.

b) What is Duty?
Duty is an obligation imposed by law or morality to act or refrain from acting in a specific
way.

c) What is the French equivalent for ‘right’?

The French equivalent for ‘right’ is Droit.

d) What is Legal Ownership?

Legal ownership is the exclusive right to possess, use, and dispose of property recognized
by law.

e) What is Animus Possidendi?

Animus Possidendi refers to the intention to possess something as one’s own.

f) What is Corpus Possessionis?

Corpus Possessionis refers to physical control or possession of an object.

g) What is Corporation Sole?

A corporation sole is a legal entity consisting of a single person and their successors,
typically in an official capacity (e.g., a monarch or bishop).

h) Define Legal Person.

A legal person is an entity, like an individual or organization, that can hold legal rights and
duties.

i) What is Tortious Liability?

Tortious liability arises when someone causes harm or loss to another, leading to civil legal
responsibility.

j) What is Penal Liability?

Penal liability is the responsibility of an individual for committing a crime, leading to
punishment under criminal law.

Short format
UNIT-I
a) Discuss the source custom as law.
Answer:
Custom is a major source of law that originates from long-standing practices accepted by a
community. It transforms into law when:

It is practiced for a long period.

It is reasonable and not harmful to society.
It is consistent and not contradictory to existing laws.
Courts may formally recognize customs, giving them legal validity.

b) Explain the purpose and function of law.

Answer:
The main purposes of law are:
Maintain Order: Prevent chaos and promote organized living.
Protect Rights: Safeguard individual and group rights.
Provide Justice: Ensure fairness and equality in resolving disputes.
Guide Behavior: Set standards for acceptable conduct in society.
The law balances individual freedom with societal harmony.

c) “Jurisprudence is a lawyer’s extraversion.” Comment.

Answer:
This statement means jurisprudence expands a lawyer's understanding beyond specific legal
rules. It enables lawyers to:

Analyze the moral, philosophical, and social aspects of law.

Understand how laws impact society and individuals.
Connect the legal system with broader human values.
In this sense, jurisprudence is a window into the world outside technical legal confines.

d) Differentiate between public and private law.

Answer:

Public Law:

Governs relationships between individuals and the state.

Examples: Criminal law, administrative law, constitutional law.
Purpose: Protect public interests and maintain governance.
Private Law:
Regulates relationships between private individuals.
Examples: Contract law, family law, property law.
Purpose: Resolve disputes and protect individual rights.

e) Write a short note on Obiter Dicta.

Answer:
Obiter Dicta are comments made by a judge that are not essential to the decision of the
case. They:

Do not have binding authority but may influence future judgments.

Provide insight into the judge's thinking and reasoning.
Are useful for legal research and understanding case law.

f) Examine the utility of jurisprudence.

Answer:
Jurisprudence is valuable for:

Understanding Law: It explains the principles and foundations of legal systems.

Improving Legislation: Provides insights for making better laws.
Legal Interpretation: Helps in understanding complex legal concepts.
Interdisciplinary Insight: Connects law with sociology, economics, and philosophy.

g) Discuss the nature and scope of jurisprudence.

Answer:
Jurisprudence is the theoretical study of law.

Nature: It is abstract, philosophical, and analytical. It explores the meaning, sources, and
purpose of law.
Scope:
Covers legal concepts like justice, rights, and duties.
Examines sources of law such as custom, legislation, and precedent.
Studies the relationship between law and society.

h) What is the importance of customary law?

Answer:
Customary law is important because:

It reflects the traditions and practices of a community.

It ensures laws are relevant to the culture and values of the people.
It helps in resolving disputes in a way acceptable to the community.
It serves as a foundation for formal legal systems, especially in traditional societies.

i) Write a short note on Ratio Decidendi.

Answer:
Ratio Decidendi is the legal principle or reasoning behind a court's decision.

It is binding on lower courts in similar cases (precedent).

It serves as the authoritative part of a judgment.
Helps maintain consistency and predictability in legal decisions.

j) Distinguish between legislation and precedent.

Answer:

Legislation:

Created by legislatures or governing bodies.

General and applies to all.
Example: Acts, statutes, and regulations.
Precedent:

Based on judicial decisions in specific cases.

Binding in similar future cases (stare decisis).
Example: Common law developed through judgments.
Legislation is proactive, while precedent is reactive and evolves case by case.

UNIT-II
a) Discuss the main characteristics of the Analytical School.
Answer:
The Analytical School focuses on studying law as it exists, without moral or social
considerations. Its main characteristics are:

Focus on Legal Positivism: Law is seen as commands issued by a sovereign authority.

Separation of Law and Morality: Law is analyzed purely based on its structure and not its
ethical implications.
Emphasis on Legal Terminology: Precise definitions and classifications are essential.
Static Nature: It studies law as it is, not how it evolves.
Key Thinkers: Jeremy Bentham and John Austin are pioneers of this school.

b) Explain how society moves from status to contract.

Answer:
Henry Maine, in his book Ancient Law, described society's progression from status-based
relationships to contract-based relationships:

Status: In ancient societies, relationships were determined by birth, caste, or family roles.
Contract: With societal progress, individual freedom grew, and relationships began to be
formed through agreements (contracts), emphasizing equality and personal choice.
Example: Transition from feudal duties to employer-employee contracts.

c) What were the reasons for the revival of the Natural Law School in the 20th century?
Answer:
The Natural Law School saw a revival in the 20th century due to:

World Wars: Highlighted the need for universal principles to address human rights violations.
Rise of Totalitarianism: Oppressive regimes emphasized the need for laws grounded in
morality and justice.
Human Rights Movements: Encouraged laws based on inherent human dignity and rights.
Influential Thinkers: Philosophers like Lon Fuller and Rudolf Stammler promoted renewed
interest in moral foundations of law.

d) Distinguish between public and private law.

Answer:

Public Law:

Deals with relationships between individuals and the state.

Examples: Constitutional law, criminal law.
Purpose: Ensure governance and public order.
Private Law:

Regulates relationships between private individuals.

Examples: Contract law, family law.
Purpose: Resolve disputes and uphold individual rights.

e) What are the four stages of development of law according to the Historical School of Law?
Answer:
According to the Historical School:

Primitive Stage: Customs and traditions govern society.

Formal Stage: Customs are codified into laws by rulers or authorities.
Systematic Stage: Laws become organized and structured within legal systems.
Modern Stage: Law evolves to meet changing social, economic, and political needs.

f) Write a short note on Volksgeist as a source of law.

Answer:
Volksgeist, a concept by Savigny, refers to the "spirit of the people."

It emphasizes that laws grow organically from the customs, traditions, and culture of a
society.
Law should reflect the collective consciousness of the people.
Imposing foreign laws on a society often fails as they do not align with its Volksgeist.

g) Differentiate between Analytical School and Historical School of Jurisprudence.

Answer:

Analytical School:

Focus: Study law as it is (legal positivism).

Approach: Static and logical.
Key Thinkers: John Austin, Jeremy Bentham.
Historical School:

Focus: Evolution of law through customs and traditions.

Approach: Dynamic, studying the origins and growth of law.
Key Thinkers: Friedrich Carl von Savigny, Sir Henry Maine.
h) Examine the main tenets of Ihering’s Jurisprudence of Interest.
Answer:
Ihering’s theory emphasized:

Law as a Social Tool: Law should balance competing interests in society.

Purpose of Law: Ensure social order and promote common welfare.
Conflict Resolution: Laws mediate between individual and collective interests.
Dynamic View: Law evolves with societal needs and interests.

i) Explain Henry Maine’s view on the development of law.

Answer:
Henry Maine explained the development of law through his theory of progression from status
to contract:

In ancient times, social obligations were based on status (e.g., caste or family).
Over time, individual autonomy increased, and contracts became the basis for legal
relationships.
His work highlighted the shift from rigid, hierarchical structures to flexible, consensual
relationships in modern legal systems.

j) Explain the jural postulates of Roscoe Pound.

Answer:
Roscoe Pound proposed five jural postulates, which are basic assumptions necessary for a
functional society:

Individuals must not intentionally harm others.

Individuals must honor agreements made with others.
Individuals should not interfere with the use of property by others.
Individuals must act with care to prevent harm to others.
Society should provide compensation for losses or injuries caused by wrongful acts.
These principles ensure harmony and justice in society.

UNIT-III
a) What are the two essential functions of the state?
Answer:
The two essential functions of the state are:

Maintenance of Law and Order: Ensuring peace and preventing anarchy by protecting
citizens from harm and preserving public order.
Administration of Justice: Resolving disputes, enforcing laws, and protecting rights to
maintain social harmony.

b) Explain the definition of justice given by Salmond.

Answer:
Salmond defined justice as "the maintenance of right within a political community by means
of physical force of the state."
Justice involves upholding rights and punishing wrongs.
It is both substantive (ensuring fairness) and procedural (ensuring fair processes).
Justice protects individual rights while balancing societal needs.

c) “Dispensation of Justice involves decision-making process of courts.” Comment.

Answer:
Dispensation of justice refers to courts deciding cases based on law and evidence.

Impartiality: Courts ensure unbiased decisions.

Adherence to Law: Decisions are based on existing laws, precedents, and legal principles.
Ensuring Justice: Courts resolve disputes, protect rights, and ensure fairness.
This process is crucial for upholding the rule of law.

d) Examine the origin of the administration of justice.

Answer:
The administration of justice has evolved as societies grew complex:

Primitive Societies: Disputes were settled through customs or community elders.

Development of Rules: Over time, customs became formal laws to ensure consistency.
Emergence of Courts: Specialized institutions arose to interpret and apply laws.
Modern Era: The state took responsibility for maintaining justice through organized legal
systems.

e) What are the procedural rules of justice?

Answer:
Procedural rules ensure fairness and consistency in the legal process. Key rules include:

Right to a Fair Hearing: Both parties must have an opportunity to present their case.
Impartiality: Judges and decision-makers must remain neutral.
Transparency: Procedures and decisions must be open and clear.
Consistency: Similar cases should be treated alike to ensure equality.

f) Which rights are enforced through the administration of civil justice? Discuss.
Answer:
Civil justice enforces rights related to:

Contractual Obligations: Ensuring agreements are honored.

Property Rights: Protecting ownership and resolving disputes.
Personal Rights: Safeguarding individual freedoms and relationships (e.g., marriage,
inheritance).
Compensation: Addressing wrongs like negligence or breach of duty.

g) Write a short note on the criminal justice system in India.

Answer:
The criminal justice system in India consists of:

Police: Investigate crimes and enforce laws.

Judiciary: Try cases, determine guilt, and award punishments.
Prosecution and Defense: Ensure fair representation of the accused and the state.
Corrections: Reform and rehabilitate offenders through prisons and probation.
It aims to deter crime, protect citizens, and uphold justice.

h) Explain the model rules for the speedy dispensation of civil justice in India.
Answer:
The model rules for speeding up civil justice include:

Simplified Procedures: Reducing complexity in filing and arguing cases.

Time Limits: Setting deadlines for hearings and judgments.
Alternative Dispute Resolution (ADR): Encouraging arbitration, mediation, and conciliation to
reduce court workload.
Use of Technology: Digital filing and virtual hearings for faster resolution.

i) Whether arbitration is a cost-effective mechanism for settlement of civil disputes? Explain.

Answer:
Yes, arbitration is cost-effective due to:

Lower Costs: Avoids lengthy and expensive court procedures.

Speedy Resolution: Arbitration proceedings are faster than court trials.
Flexibility: Parties can choose arbitrators and set procedures.
Confidentiality: Disputes are resolved privately, preserving business relationships.

j) What are the types of Administration of Justice?

Answer:
The two main types of administration of justice are:

Civil Justice: Resolves disputes between individuals or entities regarding rights, contracts, or
property.
Example: Breach of contract cases.
Criminal Justice: Deals with offenses against society and punishes wrongdoers.
Example: Theft, murder, or fraud.
Both systems aim to ensure fairness and uphold the rule of law.

UNIT-IV
a) Distinguish between legal and equitable ownership.
Answer:

Legal Ownership:

Recognized and protected by the law.

The legal owner has the right to use, control, and transfer the property.
Equitable Ownership:

Recognized by courts of equity.

The equitable owner has benefits and interests in the property but may not control it (e.g.,
beneficiaries of a trust).
Example: In a trust, the trustee has legal ownership, while beneficiaries have equitable
ownership.

b) What are the theories of legal rights?

Answer:

Will Theory: A right is the will or choice of a person recognized by law.

Interest Theory: A right protects a person’s interest, ensuring societal welfare.
Social Welfare Theory: Rights exist to benefit the community, not just individuals.
Hybrid Theory: Combines individual interest and social welfare.

c) What is the subject matter of ownership? Explain.

Answer:
Ownership applies to tangible and intangible objects, including:

Material Things: Physical objects like land, houses, and goods.

Intellectual Property: Patents, copyrights, and trademarks.
Rights and Obligations: Stocks, shares, and debts.
Ownership confers a bundle of rights such as possession, control, and transferability.

d) What are the elements of possession according to Salmond?

Answer:
Salmond identified two elements of possession:

Corpus Possessionis: Physical control over an object.

Animus Possidendi: Intention to possess and control the object as one’s own.
Both elements must coexist for possession to be legally recognized.

e) What is the nature of possession?

Answer:
Possession is:

Factual: It involves physical control over an object.

Legal: Recognized and protected by law, even against a rightful owner in some cases.
Temporary or Permanent: It may be short-term (e.g., borrowing) or long-term (ownership).
Possession is an important concept in property law.

f) Why does law protect possession?

Answer:
The law protects possession to:

Maintain Order: Avoid conflicts over property.

Preserve Rights: Prevent unlawful dispossession.
Encourage Productivity: Protect those who use resources effectively.
Ease of Proof: Possession is easier to prove than ownership.

g) What are legal incidents of ownership?

Answer:
Ownership includes several rights and obligations:

Right to Possess: Exclusive control over the property.

Right to Use: Utilize the property as desired.
Right to Transfer: Sell, gift, or lease the property.
Duty of Non-Interference: Others cannot infringe upon ownership rights.
h) Write a short note on 'Right-in-rem' and 'Right-in-personam'.
Answer:

Right-in-rem:

A right enforceable against the whole world.

Example: Ownership of property.
Right-in-personam:

A right enforceable against a specific person.

Example: Contractual obligations.
Both rights aim to protect individual interests in different contexts.

i) What is the legal status of an unborn person?

Answer:

An unborn person has no legal personality but is considered capable of inheriting rights.
Rights are conditional upon being born alive.
Example: An unborn child can inherit property through a will, provided they are born after the
testator’s death.

j) Explain the kinds of liability.

Answer:

Civil Liability:

Arises from breaches of private rights or contracts.

Example: Compensation for breach of contract.
Criminal Liability:

Arises from offenses against society.

Example: Fines or imprisonment for theft.
Vicarious Liability:

One person is held responsible for another’s actions (e.g., employer for employee).
Strict Liability:

No need to prove fault; liability arises simply from harm caused (e.g., hazardous activities).
Liability ensures accountability and promotes social justice.