09.06.
2022
1. What is Corporate aggregate?
Ans:- A corporation aggregate refers to a group of people (like
shareholders in a company) united for a common purpose, forming a
single legal entity with rights and liabilities distinct from its members,
allowing for perpetual existence and limited liability, as famously
established in Salomon v. Salomon.
2. Define Legal Right?*
Ans:- The term right is defined as any action of a person that a law
permits. Legal rights are the rights that are given to the citizens of a
country by the government to enjoy certain freedoms. E.g. Right to
vote, right to sue.
3. What do you mean by the term “Animus Possidendi” ?
Ans:- Animus possidendi is a Latin legal term meaning "intention to
possess," referring to the mental state or will to exercise control over a
property or object as one's own, distinct from mere physical custody
(corpus).
4. Which theory was coined by Roscoe Pound?
Ans:- Roscoe Pound coined the Theory of Social Engineering, which
views law as a tool for building an efficient society by balancing
competing individual, public, and social interests to achieve maximum
happiness with minimum friction.
5. Define Liberty?
Ans:- liberty means freedom from undue restraint, allowing individuals to
act, speak, and make choices, but it's not absolute; it's freedom under
law, balancing individual autonomy with the needs of a functioning
society, encompassing absence of coercion (negative liberty) and enabling
conditions for self-fulfillment (positive liberty), as enshrined in
constitutions (like Article 21 in India)
6. What do you mean by Constructive Possession ?
Ans:- Constructive possession means having the power and intent to
control property without having direct physical contact with it, legally
treating you as the possessor.
7. What is Locus Standi?
Ans:- Locus Standi (Latin for "place to stand") is the legal right or capacity
of a party to bring a lawsuit or appear before a court, ensuring only those
with a genuine, direct interest or injury (financial, physical, mental) can
initiate legal action, preventing frivolous suits and promoting judicial
efficiency, though it's been broadened by Public Interest Litigation (PIL) to
allow public-spirited citizens to represent broader public harm. broadened
by Public Interest Litigation (PIL) to allow public-spirited citizens to
represent broader public harm.
8. What does the concept of legal realism mean?
Ans:- Legal Realism is a jurisprudence theory emphasizing that law is not
just abstract rules but what judges actually do, shaped by social,
economic, and personal factors, viewing law as practical outcomes
influenced by human behavior, not pure logic. It rejects formalistic views
(law is only rules) and natural law, focusing on judges' biases, societal
context, and public policy to predict real-world legal decisions.
9. What is Volksgeist?
Ans:- Volksgeist (German for "Spirit of the People") is a key concept from
the Historical School, primarily developed by Friedrich Carl von Savigny,
meaning law isn't created by legislators but emerges organically from the
collective consciousness, traditions, customs, and beliefs of a nation,
much like language.
10. What do you understand by maxim “ UBI JUS IBI REMEDIUM” ?
Ans:- Ubi jus ibi remedium is a Latin legal maxim meaning “where there
is a right, there is a remedy.” This principle holds that for every violation
of a right, the law must provide a means to address the grievance.
Essentially, it establishes that the legal system should offer recourse
whenever someone’s rights are infringed.
01.12.2022
1. What is the meaning of Corpus Animus? **
Ans:- Animus and corpus are the two essential elements for establishing
legal possession, particularly of property. Corpus (or corpus possessionis)
refers to the physical control or power over an object (e.g., holding a
book), while animus (or animus possidendi) is the mental intent or will to
possess that object as one's own, excluding others. Both elements must
coexist for complete legal possession, forming the foundation for rights
and protections under property law.
2. What is Grundnorm?*
Ans:- In jurisprudence, the Grundnorm, a concept by Hans Kelsen, refers
to the fundamental, basic norm or rule that serves as the ultimate
foundation and source of validity for an entire legal system, forming the
apex of a legal hierarchy where all other laws derive their authority from
it. It's a presupposed, self-existent norm, often identified with a nation's
Constitution, that enables the creation and testing of all subordinate laws,
ensuring order and consistency within the legal structure.
3. What is termed as an “Act of God”?
Ans:- The Latin legal term for "Act of God," an event beyond human
control like a natural disaster, is often linked to "Actus Dei Nemini Facit
Injuriam" (the act of God injures no one) or the related concept of "Vis
Major" (superior force), which describes irresistible natural forces
excusing contractual performance.
4. What is Doctrine of Stare Decisis?
Ans:- The Doctrine of Stare Decisis (Latin for "to stand by things
decided") is a fundamental legal principle in common law systems where
courts are bound to follow precedents set by previous higher court
decisions when ruling on similar cases, ensuring consistency,
predictability, fairness, and stability in the law, preventing arbitrary
decisions, and reducing endless litigation by treating like cases alike.
5. What is meant by Ratio Decidendi?
Ans:- The doctrine of ratio decidendi ("reason for deciding") is the core
legal principle or rule from a court's judgment that forms the binding part
of a precedent, obligating lower courts to follow it in future.
6. DefineFactum Valet?
Ans:- Factum Valet (from the Latin factum valet quod fieri non debuit) means "an act done
that ought not to have been done becomes valid when done,"
7. What do you mean by Incorporeal Possession ? *
Ans:- Incorporeal Possession means having control or ownership over
things that are intangible, lacking physical existence, like copyrights,
patents, trademarks, goodwill, or a right of way.
8. what is meant by Qui facit per alium facit per se? *
Ans:- “Qui facit per alium facit per se” means that when someone acts
through another person, the law considers them to have done it
themselves. However, for this liability to apply, the two parties must have
a specific kind of relationship.
9. What is meant by concept of No fault liability?
Ans:- No-Fault Liability means holding a person or entity responsible
for damages or injuries even if they weren't negligent or at fault, focusing
on the harm caused rather than the wrongdoer's intent or carelessness,
ensuring prompt compensation in hazardous situations like industrial
accidents or motor vehicle crashes, a shift from traditional fault-based
systems to social justice.
02.12.2023
1. What is meant by law (lex)?
Ans:- In jurisprudence, law is a complex system of rules, principles,
and norms enforced by societal or governmental institutions to
regulate human conduct, maintain order, and administer justice,
but lacks a single, universal definition, varying by jurist (e.g., Blackstone:
rule of action; Salmond: principles applied by courts.
2. Explain Obiter Dicta?*
Ans:- In jurisprudence, obiter dicta (Latin for "things said by the way")
are judicial comments, observations, or opinions in a judgment that aren't
essential for deciding the specific case, unlike the binding ratio
decidendi (reason for deciding). While not legally binding precedents,
these non-essential remarks are highly persuasive, offer insights into
judicial thinking, provide hypothetical scenarios, and guide future legal
development, especially when coming from higher courts.
3. What do you mean by Right in Personam?
Ans:- The Right In Personam is a legal concept that refers to rights and
obligations that are enforceable against a specific individual or entity. This
is in contrast to Right In Rem, which is enforceable against the world at
large.
4. Define Title?
Ans:- In jurisprudence, Title refers to the legal basis or "investitive fact"
that establishes a person's ownership or right to a property or asset,
serving as the link between the person and the thing they possess. It's the
legal justification for having rights, like the right to use, possess, or
transfer something, often evidenced by documents like a deed or
certificate, though it's the underlying fact, not just the paper. For
example, buying a car creates a title (ownership) for the buyer, who then
holds the legal right to that car unlike someone who merely possesses it
without ownership.
5. Give two examples of sole obligation?
Ans:- A Loan Repayment: When Person A lends $1,000 to Person B,
there's one debtor (B) and one creditor (A). B's sole obligation is to repay
the $1,000, often with interest, to A by a specific date.
A Simple Service Contract: If a client hires a plumber to fix a leaking
faucet for a set fee, the plumber has the sole obligation to perform the
repair (a specific service) for the client, who is the sole creditor for that
service.
6. Explain Laissez Faire?
Ans:- Laissez-faire is a French phrase that translates to “allow to do.” It
refers to a political ideology that rejects the practice of government
intervention in an economy. The term originated in the 18th century during
the Industrial Revolution.
7. What is meant by Quasi –Contractual Obligation?
Ans:- A Quasi-Contractual Obligation (or "implied-in-law contract") is a
legal duty imposed by courts, not by agreement, to prevent one party
from being unjustly enriched at the expense of another, ensuring fairness
and equity where no actual contract exists, such as when a benefit is
mistakenly conferred, requiring restitution.
BBA LLB
1. What is the meaning of the Term “Precedent”? *
Ans:- In jurisprudence, a precedent (or judicial precedent) is a prior court
decision that serves as a rule or example for deciding similar, subsequent
cases, forming the bedrock of common law systems under the principle of
stare decisis (to stand by things decided). Precedents
provide consistency, predictability, and fairness by binding lower courts to
the rulings of higher courts, ensuring laws are applied uniformly and
reliably.
Binding vs. Persuasive:
Some precedents are binding, meaning lower courts must follow them
(e.g., Supreme Court rulings in India), while others are persuasive, offering
guidance but not strict obligation (e.g., decisions from other jurisdictions).
2. Name any two school of law? *
Ans:- Two key schools of jurisprudence are Natural Law, which links law
to inherent morality and reason, suggesting unjust laws aren't true laws,
and Legal Realism, which views law as practical social rules shaped by
judicial decisions, focusing on what judges actually do rather than just
written statutes. Natural Law is about "what law ought to be," while
Realism studies "what law is" in action.
3. Explain the maxim “Salus populi est suprema lex”
Ans:- Salus populi est suprema lex is a Latin legal maxim meaning "the
welfare of the people is the supreme law," emphasizing that the public
good and safety should always be the highest priority in lawmaking and
governance, even superseding individual interests, a principle rooted in
Roman law and echoed in modern constitutionalism, especially in India
and the US.
4. What is Dharma?
Ans:- Indian/Hindu law, Dharma is a comprehensive concept meaning
righteousness, duty, cosmic order, and righteous conduct, serving as the
moral and foundational basis for law, encompassing ethical duties, social
responsibilities, and just governance, distinct from modern law's focus on
rights and legal sanctions, yet influencing human rights and justice
principles. It's about upholding universal good, supporting society, and
individual virtuous living, guiding actions beyond mere legality to ensure
human flourishing and spiritual liberation (Moksha).
5. What is the Importance of Customs?
Ans:- In jurisprudence, customs are crucial as an ancient source of law,
reflecting societal values and filling gaps in statutory law, especially in
personal matters like marriage and inheritance, providing legitimacy and
practical rules accepted by the people, forming foundations for early legal
systems, and continuing to influence modern codified laws by being
recognized and sometimes incorporated into statutes, adding cultural
relevance and continuity to the legal framework.
6. What is the meaning of term Vicarious Liability? *
Ans:- In jurisprudence, Vicarious Liability means one party is held
legally responsible for the wrongful acts or omissions of another, even
without direct fault, due to a special relationship, most commonly
employer-employee or principal-agent, based on the principle that the
superior party benefits from and controls the other's actions, applying
concepts like respondeat superior.
[Link] are the Primary Rights?
Ans:- In jurisprudence, "Primary Rights" refer to fundamental, independent
rights that exist inherently or are granted by law, like the right to life or
reputation, existing on their own;
8. Define the term Natural Person?
Ans:- In jurisprudence, a Natural Person is simply a living, individual
human being recognized by law as having inherent legal rights, duties,
and the capacity to hold property, enter contracts, and sue or be sued,
existing from birth to death, unlike Legal Persons (like corporations) that
are artificial entities created by law. This fundamental concept forms the
bedrock for legal systems, granting rights like life, liberty, and ownership
automatically to every human.
10.04.2017
1. Who is founder of Imperative Theory?
Ans:- The founder of the Imperative Theory in jurisprudence is John
Austin, an English legal philosopher considered the father of analytical
jurisprudence, who defined law as a "command of the sovereign,
2. What is the legal status of the unborn person in india ?
Ans:- Contingent Rights, Property & Inheritance, Protection from
Harm, Compensation, Not Full Legal Personality, Legal Fiction
Transfer of Property Act, 1882: Allows property transfer for unborn
persons (Sec 13).
Indian Penal Code (IPC) 1860: Addresses offenses against unborn
children (Sec 315).
Hindu Law: Recognizes unborn coparceners in HUF property division.
Case Law: Tagore v. Tagore, Jabbar v. State, and others have affirmed
these limited rights.
3. Name the various kinds of possessions?
Ans:- Kinds of possessions:-
Corporeal and Incorporeal Possession
Mediate and Immediate Possession
Quasi-Possession
Constructive Possession
Adverse Possession
4. What do you understand by subordinate legislation?
Ans:- According to Sir John Salmond, “Subordinate legislation is that
which proceeds from any authority other than the sovereign power and is,
therefore, dependent for its continued existence and validity on some
superior or supreme authority.”* Most of the enactments provide for the
powers for making rules, regulations,
5. Name any two sources of law?
Ans:- In jurisprudence, two primary sources of law are Legislation (laws
made by a governing body like Parliament) and Judicial
Precedent (judge-made law from previous court decisions)
6. State any three kinds of legal Right?
Ans:- Perfect and imperfect rights- Perfect rights are the perfect
duties that are recognized and enforced by the government while the
imperfect rights are not of the perfect nature.
2. Positive and negative rights– Positive rights correspond to positive
duties. Negative rights correspond to negative duties which are majorly
against all the world.
3. Real and personal rights– Real rights are imposed on persons in
general. Personal rights are the rights which are imposed on determinate
individuals.
4. Rights in rem and rights in personam– Rights in rem is a right
against or in respect of a thing while rights in personam are the rights
against or in respect of a person.
5. Proprietary and personal rights– Proprietary rights have some
monetary value in it. The personal rights are not valuable in monetary
terms.