1. What are the formal sources of law?

*
- which the authority of law proceeds.
- Thus ,legal enactments and judgements of the superior
court are the formal sources of law.
2. State the main contribution of the analytical school?
-is that it dealt with the positive aspect of law by analyzing the
legal concepts and by explaining the utility of law.
3. Definition of legal wrong?
- it is a wrong which comes into existence by violation, nonobservance or disregard of the legal right.
- When there is a violation of legal right.
4. Meaning of Rights in Re propria?
- Re= thing
- Propria = of its own
- When a person has a right on his own things or when he
has right in his own property.
5. Contingent ownership?
-when the owners title is yet imperfect, but capable of being
perfect depending upon on the happening/non- happening of
the events.
6. Conventional law?
-Any rule or system of rules agreed upon by persons for the
regulation of their conduct towards each other.
7. Legal personality of a dead person?
- ends with his death
- law respects the desire of a man even after his death
regarding the disposal of his property and also his body
upon his death.
8. Rule of Ejusdem Generis?
- of the same kind
- this is a rule of interpretation regarding words of a statute.
9. Imperfect Right?*
- corresponds to imperfect duty.
- Altought it is recognized by law but is not enforceable by
law.
10.
-

Res Nullius?
thing of no one
thing that belongs to no one ,an ownerless chattel or thing.

11.
-

Jurisprudence?
derived from its latin equivalent
knowledge of law
juris = law or legal
prudential = knowledge

12.
-

What is the central notion of American legal realism?

law is laid down by the courts through their
Judgements/decisions.
Law is nothing but it is that what the courts decide.

13.
-

State the literal rule of interpretation?

the words willconvey the intention and so the interpretation
will be on the basis of the meaning of the words.

14.
-

How do you understand the word Precedent?

means the judicial decision of the highest court.

15.
ownership is a complex right ,all of which are right in
rem
16.
What is a common right?
- right which is available to its subject who are the general
public.
17.
-

Animus possidendi?
Means an intention to possess.

18.
-

Encumbrances?
it is a right of one person in some property of another
person so as to limit the general right of the another
person.

19.
-

Corportation sole?
includes only one member at a time
President ,secretary of the state,post mater general etc

20.
-

Inheritable and inheritable right?

rights by which the property devolves upon a person after
the death of its holder.
rights by which the property does notdevolves upon a
person after the death of its holder.

21.
-

Pure theory of law?

defined by Kelson --- State is a synonym for the legal order
which is nothing but a pyramid of norms.
Derives pure science of law from ought proposition of
juristic science.

22.
-

Distributive justice?
deals with the distribution of honor or money or anything.

23.
-

Question of fact?
salmond Any question which has not been predetermined
by a rule of law or by a principle of law; or any question
which is to be answered by the jury instead of the judge

24.
-

Moral right?
right pertaining to the rule of right conduct.

25.
-

Bracket theory of corporate personality ?

that regards the members of corporation as the bearers of
the rights and duties .

26.
-

Title?
an established or recognized right a strong legal claim to
the property
is a document which gives evidences of ownership of
property

27.
-

Two possessory remedies?

remedies which are available for the protection of
possession even against the ownership
(a) undesirability of the principle of violent self help
(b) serious imperfection of earlier proprietary
difficulty in providing ownership

28.
-

Codification?
is a process by which the whole body of law reduced to the
form of enacted law as far as possible .

29.
-

General custom?
The Indian Evidence Act , section 48 :

A general custom as one common to any considerable

class of person .
Punjab .

30.
31.
-

Sociological jurisprudence?
Studies of law as to how it function in the society and what
are the effects of law on the society.
Understand the law as to how law governs the behavior of
an ordinary person
Subordinate legislation?
leislation preceding from any other authority than the
sovereign power and being dependent for its continued
existence and validity on some superior or supreme
authority.
1. Executive
2. Judicial
3. Colonial
4. Municipal
5.Autonomus

32.
-

Sentential legis
When the reason for any particular law ceases, so does the
law itself.

33.
-

Semantic ambiguiry
its a double meaning doubtfulness

34.
-

Obiter dicta
observation of the court by the way and not essential for
the decision or upon broader aspects of law involved or
answers to hypothetical question.

35.
-

Right in personam *
a right which is available against a particular person or
group of persons only.

36.
-

Kelsen ideas of gundnorm

is the basic apex norm from which flows the authority of all
other norms.
It is the presupposed highest norm,it is initial hypothesis
and cannot be proved logically.

37.
-

Vested ownership?
An estate is said to be vested in ownership when it gives a present
right to the immediate possession and ownership of the property.
While an estate which gives a present right to the further
possession of property is said to be vested interest.

38. legal theory ?

- legal= pertaining to or according to law
- theory= an explanation or a system relating to the abstract
principles of a science or art.
39. central notion of the natural law theory ?
- law is based on certain objectie and absolute principles of morality
and justice .
- thetse objective moral principles can be discovered and ascertained
with the help of human reason ,because reasoning is the
outstanding characteristic of human beings.
40. how H L A Hart defines law ?
- as the system of rules
- includes rules which are of broad application which are of nonoptional in nature.
- Primary and secondary rules
41. Possession ?
- must be actual physical control of a person and there should be a
intenstion
42. DB a persuasive and binding precedent ?
- Persuasive = which need not be followed by the judges not binding
upon judges
- Binding = which must be followed by judges irrespective of the fact
whether discretion
43. Golden rule of interpretation
- the words of the statute must be given their ordinary meaning .
44. Immunity
- Imply an exemption
- What others cannot do
- Disabilities and immunity correlate each other

45. Right to alienate

- means right to transfer or gift the property to another during the
lifetime of the owner or after the owners death.
- Is an legal incident of ownership
46. Negative right
- a right vested in a person which compels the another person not to
do something harmful to the interest of the person in whom such
negative right is vested.

47. Personal and real property?

- Personal = all of someone's property except land and those
interests in land that pass to their heirs.
- Real = property consisting of land or buildings.
48. Solidary obligation ?
- when there are more than 2 debtors, or where the obligation
involves 2 or more debtors owing the same thing to the same
creditor
49. Legal duty?
- Duty which are bound to be performed
- It is recognized by aw and enforced by the law
50. DB custom and convention?
- Custom = the uniformity of habits of conduct of people under like
circumstances
- Convention = an agreement between the parties to be bound by it
51. Modes of acquiring property?
- 1.Possession
- 2.Prescription
- 3.Agreement
- 4. Inhertiances
52. De jure possession?
-

Possession in law
Protection in 2 ways
(a) certain legal rights
(b)by prescribing criminal penalites

53. Realists by law?

- law consists of collection of decisions rather than a body of rules

54. What is Compensatiry Jurisprudence?

- deals with the corrective justice which serves to restore equality
when it has been disturbed.
55. What do you understand by right to property?
- means right to ownership including the right to own
,hold/possess/enjoy/and dispose off any material thing or abstract
thing over which a person has the ownership.
56. Ownership
- relates to the relationship between a person and any right vested in
him
57. Advantage of incorporation
- artificial person
- corporate personality
- perpetual succession
- limited liability
- transaferable shares
- collective ownership
- capacity to sue
58. Sovereign
- Law is a command given by a superior to inferior the main tenets of
Austins theory of sovereignty are as follows1. Sovereign power is essential in every political society.
2. Sovereignty is a person or body of persons. It is not necessary that
sovereign should be a single person.
59. Jural co-relatives?
-

Indicate the jural relations between two persons wherein the

presence of one in a person will require the presence of another
in another person

60. What is servitude?

-

is a jura in re aliena it is a right owned by one person over the

property of another.
It is right to a limited use over another land- right to way ,right to
draw ,water,etc.
May be private, public, servitude appurtenance ,servitudes in
gross ,profit a pendre

61. What is ratio decidendi?

- The statement in the judgment containing the legal principle applied
in the case, constitute the ratio decidendi.
- It contains the binding part of the judgment
62. PIL
- is a petition before the SC under Art 32 or before HC 226
- any person who bonafidely presents an issue or matter in genuine
public interest for resolution by orders of the court.
63. Obligation
- is a proprietary right in personam or duty corresponding to such
right
64. What is secondary right?
- which arises from the violation of a primary right will be a secondary
right
65. Right in the wider sense of the term ?
- is any advantage or benefit conferred by law on a person
66. Trusts
- is a species of duplicat ownership.
- Maker vests the property in the trustee for the benefit of 3 rd person
- Can be seen as rights in re aliena of thetrustee in respect of the
trust property
67. International law
- is only positive morality and not law,was the belief of postivists like
Austin and Holland .
- naturalist were the first to accept the law of nations as law .

68. right in rem?

- Right corresponding to a duty imposed upon all persons generally

69. Natural and artificial person

- Natural = Human being
- Artificial = legal /judicial person
70. Source of law?
- Custom
- Legislation
- Judicial precedents
- Agreement

71. Principal right and accessory rights?

- Main / primary
- Subordinate / secondary . additional
72. Law is according Historical School ?
- law is found in peoples convictions,customs,etc ad growth of the
society
- law evolves and is the spirit of the people