Long Questions & Answers: Jurisprudence

LL.B. (3-YDC) Second Year, III Semester, Regular.
Paper – I Jurisprudence
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
Law Students Federation – Jurisprudence Study Material (III Semester) – Dec, 2015.
LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – I Jurisprudence
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 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.
These are the schools specified in Jurisprudence which explain

about the term law.
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:
1. It should be immemorial (Very off)
2. It should be certain or definite
3. It should be followed by all the people or majority of the people
4. It should be observed in continuity
5. It should be enjoyed peacefully
6. It should not be contrary to law
7. 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:
1. There is force of society behind the custom
2. There is wisdom or intelligence of ancient people in the custom and it

is better
3. Customs are helpful and maintain civilization and culture of the

country
4. Customs gives happy occasions in life of the people
5. Customs brings unity and integrity among people.
Demerits of Disadvantages of Customs:
1. There are some customs which are social evils such as Saty, Dowry.
2. There are many customs having no interpretation or explanation and

people follow it
3. Customs waste much time and not convent for developing country
4. Customs becomes more expensive and poor people face problems
5. Customs create law and order problem.
This is detail about custom as a source of Law.
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
1. Original precedent
2. Declaratory precedent
3. Authoritative precedent
4. 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 there 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.
This is detail about Precedent, Kinds , Merits and Demerits as a source of

Law.
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.
This is detail about legal rights, its kinds and it is related with duty.
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
1 Possession is Defacto Ownership is Dejure (by law)
2 Possession in having Legal or illegal Ownership is Legal
3 Possessor is having limited right Owner is having unlimited right
Ownership generally include
4Possession does not include Ownership 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.
This is detail about possession, its kinds, modes of acquisition and
distinguish between Possession and Ownership.
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 quasicontractual

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

This liability arises in civil This liability arises in criminal
1 court. court.
There is no conviction or There is no provision of
2 imprisonment Conviction or fine or both.
There is no state missionary There is state missionary to
3 to enforce the law enforce criminal law
There is continuity of
There is no continuity of proceedings in serious criminal
4 proceedings cases.
In criminal Liability intention is
In civil liability good or bad taken into consideration in
5 intention is immaterial deciding the cases.
This detail about kinds f liabilities and distinguish between civil and criminal
liabilities.
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.
1. Quality of food given in prison is not better
2. There is deprivation of liberty
3. There is bad company of other criminals
4. 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.
This is detail about objects of punishments and theories of punishments

in Jurisprudence and no theory is perfect.
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.
1. Customary Law :- These laws are based on customs and many customs
have no clarification. Such as Saptapadi, Kanyadan, Idaat period, Mehar.
2. 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.
3. Practical or Technical law: There are some laws which are practical in
nature. Such as law of Swimming, Typing, Acting, Singing and Dancing.
4. 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:-
1. Every country can make its own constitution
2. Every country can make own laws
3. A country can run Government of its choice
4. Every country can decide priorities
5. 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.
1. Colonial Legislation: This law was enacted by kings applicable in

respective territory.
2. 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.
3. 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.
4. Autonomous Legislation: These rules are made by autonomous
bodies such as bank, LIC, university , Railway and Airlines.
5. 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
2. Institutions
3. Wakf or Trust
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.

Long Questions & Answers: Jurisprudence

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LL.B. (3-YDC) Second Year, III Semester, Regular.

Ans. The term Jurisprudence is Latin term having meaning

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

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

3. Gray :- According to this author Jurisprudence is study of legal

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

3. This law has been developed and not enacted by Legislatives.

5. There is no scope for amendment and it is developing out of legal

1. Jurisprudence and economics:-

Economics is the science of wealth. People commit may illegal activities

2. Jurisprudence and Politics:-

3. Jurisprudence and Sociology :-

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

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

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

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

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

This subject makes study in details about legal Terminologies.

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

This details about definition, nature, scope and importance of

2Q. Critically examine all schools of Jurisprudence?

7. Natural Law School.

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

2. Historical School :- This School is supported by savigny

Custom is not main source of Law But in modern period Legislation

3. Sociological School :- This school is supported by Benthan. According to

There is no participation of bark of society in law making process.

Opinion of general public is not considered in making the law.

For Security of country and the people morality cannot be

5. Realist School :- This is school is supported by Justice Holmes. According

Judges cannot be called as law makers and they have to

Powers of judges are limited and they can give remedy if

6. Comparative School :- This is school is supported by Henry Maine.

There cannot be comparison between over developed, under

Developed and developing countries.

Local conditions and circumstances prevailing in country are

7. Natural Law School :- This is school is supported by Aristotes and Plato.

There are many laws which are contrary to intelligence for

Requirement or necessity of society is considered in law making the

These are the schools specified in Jurisprudence which explain

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

Essential Requisites of Varied Customs:

1. It should be immemorial (Very off)

2. It should be certain or definite

3. It should be followed by all the people or majority of the people

4. It should be observed in continuity

5. It should be enjoyed peacefully

6. It should not be contrary to law

1. General Custom : General Customs are followed by all the people or

2. Local Custom: It is in particular area or region or community . And it is not

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

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

Merits or Advantages of Customs: