WHAT IS GRUNDNORM KELSON-

1. . a German word meaning fundamental norm.

2. defined it as ‘the postulated ultimate rule according to which the norms of
this order are established and annulled, receive or lose their validity’
3. Is used to denote the basic norm, order, or rule which go on to form the
basis for any and every legal system.
4. Can be regarded as the source of the validity of positive law of that legal
system.

MERITS OF KELSONS THEORY OF LAW

Merits of the Pure Theory of Law

1. Kelson recognized International Law as a law

2. Pure theory of law is best for peaceful change
3. Kelson’s concept of the legal system is clearly original and striking

MERITS AND DEMERITS OF NATURAL LAW

Advantages of the Natural Theory of Law

1. The development of the concept of equity, human rights, and democracy across the
globe.
2. based on reasoning, and not revelation – this allows making it possible for everyone to
follow the principles.
3. universal and absolutist; so it is always relevant.

Disadvantages of the Natural Law Theory

1. It is not always a simple school of thought. The determination of what is right and what is
sometimes as hard as anything.
2. Natural law philosophy stresses ‘what ought to be done’ and not necessarily ‘what is
done.’
3. It does not account for the fact that different people or different cultures may view the
world differently. For instance, if people interpret differently what it means for something
to be fair or just, the results will differ.
What is judicial precedent or share decisis

1. Stare decisis, meaning in Latin “to stand by things decided,”

2. a legal principle that directs courts to adhere to previous judgments
while resolving a case with allegedly comparable facts.
3. Judicial precedent is source of law where past decisions create law for Judges to refer
back to for guidance in future cases.
4. Precedent based upon the principle of stare decisis et non quieta movere, more
commonly referred to as ‘stare decisis’, meaning to “stand by decided matters”.

5. builds confidence amongst the people in planning their economic and

social transactions by acknowledging that their actions are in compliance
with the law.

6. reduces the burden on the courts as well. eliminates the requirement to

litigate again in the cases wherein the decisions have already been given.

Conditions which destroy or weaken binding force of precedents

1.Abrogated decision
If a judicial decision is found to be inconsistent with a statutory rule that
is subsequently enacted, or if it is reversed or overruled by a higher court
such decision loses its binding authority

2.Ignorance of statute
a grave mistake that completely destroys the authority of a precedent. If
a precedent was established by a court by completely ignoring a statute
or failing to recognise its relevance, such a precedent will not have any
binding force.
 3.Inconsistency with earlier decisions of a higher
court
A precedent ceased to have any binding authority if the court that decided
it failed to acknowledge relevant decisions given by a higher court. In this
case, the precedent will be rendered inconsistent with the decision laid
down by the higher court.

4.Precedents sub silentio or not fully argued

If a decision is made in a case where a particular point was not noticed and
was not argued by any counsel, a rule formed in such a case shall not be
binding since, had that point been fully argued by the counsels, the decision
of the court in that case could have been overturned in favour of the other
party.

WHAT IS LEGISLATION AND ITS MERITS

1. According to Salmond: “Legislation is that source of law which comprises

in the assertion of lawful standards by a competent specialist.”
2. According To Austin: “Legislation is the command of the sovereign or the
superior authority which must be followed by the common masses backed
by sanctions”.

Some main advantages of legislation are as follows.

1. Abrogative Power—It can change or annul old law, which control isn’t
controlled by different sources.
2. Effectiveness—It separates the elements of making law and overseeing
it between the Legislature and the legal executive.
3. Declaration — it gives that principles of law will be known before they
are authorised.
4. Reliance on Accidental Legislation — Legislation is independent and
emerges out of as the authoritative source of law it need not hold up until
the original case of legislation.
Golden Rules of Statutory Interpretation
1. The golden rule of interpretation is an expansion or extension of the literal
rule, allowing judges to deviate from the strict literal meaning of words to
prevent absurd outcomes.

2. Acc to it when interpreting a statute, the Court must generally adhere to

the ordinary meaning of the words used.

3. golden rule can be applied in both a narrow and wider sense.

4. In the narrow approach, the judge employs this rule when the word used
in the statute is ambiguous, meaning it has multiple possible meanings. It
is then up to the judge to choose the most appropriate meaning in the
case context.

5. In the wider approach, the golden rule is often utilised when there is only
one literal meaning of a word, but using that meaning would lead to an
absurd result. Therefore, the Court may modify the interpretation of the
word to avoid such absurdity.

2 RULES OF MISCHIEF

1. One of the ways to interpret laws or statutes is through the mischief rule,
also called the Heydon's Rule

2. utilized in various common law regions such as the UK and India.

3. The rule aims to uncover the reason and objective behind a statue's
creation.

4. Its purpose is to aid judges in determining the "mischief" or issue that the
legislation was meant to solve and understand the statute in a manner that
meets the legislative intent.

5. The main intention of the rule is to find out the mischief and defect that
the statute in question has set out to remedy, and what ruling would
implement this remedy effectively.
 a. Interpretation in light of mischief: This rule requires courts to interpret statutes
by considering the problem or mischief that the statute was intended to remedy.
By understanding the issue or mischief the law seeks to address, courts can
interpret the statute in a way that aligns with the legislative intent behind its
enactment.
b. Avoidance of mischief: According to this rule, the court's interpretation should
aim to suppress the mischief and advance the remedy intended by the statute. In
other words, the court should interpret the statute in a manner that prevents the
issue or mischief from recurring and promotes the purpose for which the law was
created.

WHO are natural persons who are legal persons

Natural persons and legal persons are two different concepts in law:

Natural persons: These are individual human beings, like you and me. Natural persons have legal rights
and responsibilities, such as the right to own property, enter into contracts, and sue or be sued.

Legal persons: These are entities recognized by law as having legal rights and duties similar to those of a
natural person. Legal persons include corporations, partnerships, government entities, and other
organizations recognized as having legal personality. Unlike natural persons, legal persons are not living
beings but are treated as such for legal purposes. They can own property, enter contracts, sue or be
sued, and engage in other legal activities.

WHAT IS INCORPORATION 4 POINTS ADVANTAGES

Incorporation is the legal method used to create a business or organisation. A company is the
resulting legal entity which separates the assets and revenue of the firm from its owners and
investors.

 Protects the property of the owner against the liability of the company

 Allows for quick transfer of ownership to another party

 A lower rate of tax than on personal income

 Enjoys more gentle tax restrictions on carry-forward losses

state essential elements of posssesion

The essential elements of possession typically include:

1. Maine defines “possession as physical detention coupled with the

intention to hold the thing detained as one’s own”.
2. Evidence of ownership

a) Intention: The possessor must have the intention to possess the object. This means they
must consciously intend to exercise control over it.
b) Control: The possessor must exercise physical control over the object. This can include
holding, using, or controlling the object in some way.
c) Knowledge: The possessor must be aware that they are in possession of the object. This
knowledge is necessary to establish possession.
d) Capacity: The possessor must have the legal capacity to possess the object. For example,
minors or individuals lacking mental capacity may not be able to legally possess certain
objects.

what are the 4 kinds of possesion

 Actual possession: This type of possession involves physical control over the object. The
possessor has direct physical contact with the object and exercises control over it.

 Constructive possession: Constructive possession exists when a person has the legal right to
possess the object, even if they do not have physical custody of it at the moment. This often
occurs when someone has control or authority over a property or object, such as a landlord
having constructive possession over rented property.

 Joint possession: Joint possession occurs when two or more individuals share control or
ownership of an object. They collectively exercise control over the object and have equal rights
to possess it.

 Adverse possession: Adverse possession refers to the acquisition of ownership rights over
land or property by occupying it openly, continuously, and without the permission of the true
owner for a specified period of time. This concept varies widely by jurisdiction and is subject to
specific legal requirements.
what are the defacto possession or the poseson in fact
1. De facto possession, also known as possession in fact, refers to the actual physical control
or occupation of property or an object, regardless is legally recognized or not.
2. It signifies possession based on tangible control and practical circumstances rather than
legal rights. In essence, de facto possession exists when someone exercises real control
over something, irrespective of any formal legal title or ownership.
3. For example, if a person is living in and using a house without legal ownership, they may
still be considered to have de facto possession of the property because they physically
control and occupy it, even though they lack legal title. Similarly, if someone is holding
an object or property and using it as if it were their own, they are in de facto possession
of that item.
4. De facto possession sometimes lead to legal claims or disputes, especially if it
conflictswith formal legal ownership or rights.

WHAT IS TITLE

1. link between a person and an object to establish ownership to a

property, it is the de facto antecedent of which the right is the de
jure consequent.

2. Right of possession on ownership comes in term of de facto first and

later de jure.

3. For example, I have a watch on my hand. How it can be said that it is

my, or I have title over it. I have either purchased it, or someone has
gifted me, or I have inherited it from elsewhere.

Kinds of Title

There are two kinds of title are as follow

a) Investitive fact

b) Alienative right
 c) Extinctive right

what is question of law and question of fact

 Question of Law:

 interpretation or application of legal principles, statutes, regulations, or precedents to the

facts of a case.
 involves issues such as whether a particular law applies to the circumstances of the case,
the meaning of specific legal terms, or whether a legal doctrine is relevant.
 Questions of law are typically decided by judges because they require legal expertise and
consideration of established legal principles.

 Question of Fact:

 Involves determining what actually happened in a case, based on evidence presented

during trial or other legal proceedings.
 It concerns matters such as events, actions, intentions, and circumstances that are subject
to factual inquiry.
 Questions of fact are usually resolved by juries or by judges after considering the
evidence and assessing witness credibility.

Let's say there's a case involving a car accident. A question of fact would be whether the
defendant ran a red light. This would be determined based on evidence such as
eyewitness testimonies, traffic camera footage, and accident reports.

On the other hand, a question of law in the same case might involve whether the
defendant's actions constitute negligence under the applicable traffic laws. This question
would require interpreting the relevant statutes and legal precedents to determine whether
the defendant breached a duty of care owed to others on the road.
NAME THE SCHOOLS OF JURISPUDENCE

Jurisprudence, the study and theory of law, encompasses various schools of thought that offer
different perspectives on the nature, purpose, and interpretation of law. Some notable schools of
jurisprudence include:

1. Natural Law: This school holds that law is derived from inherent moral principles or
divine authority, and that there are universal principles of justice that transcend human-
made laws.
2. Legal Positivism: Legal positivists argue that law is a social construct created by human
authority, such as legislation or judicial decisions, and that its validity does not depend on
moral considerations but on its sources of authority.
3. Legal Realism: Legal realism emphasizes the importance of social, economic, and
political factors in shaping legal outcomes. It contends that judicial decisions are
influenced by subjective factors, including judges' personal beliefs and social context.
4. Historical School: This school focuses on the historical development of legal systems
and the evolution of legal principles over time. It seeks to understand law by examining
its historical context and the cultural, political, and social forces that have shaped it.
5. Critical Legal Studies: Critical legal scholars analyze law as a tool of power and
domination, examining how it serves the interests of dominant social groups and
perpetuates inequality. They challenge traditional legal norms and advocate for
progressive social change.
6. Feminist Jurisprudence: Feminist legal theorists critique traditional legal theories and
practices for their failure to address gender-based discrimination and inequality. They
seek to incorporate feminist perspectives into legal analysis and advocate for gender
equality in law and society.

These are just a few examples of the diverse schools of jurisprudence, each offering unique
insights into the nature and function of law.
WHO IS THE FOUNDER OF analytical POSITIVISUM

1. legal positivism, is a school of thought in jurisprudence that

emphasizes the importance of clear, objective laws based on social
conventions and human authority rather than moral principles.
2. key figure often associated with its modern formulation is Jeremy
Bentham, an English philosopher, jurist, and social reformer.
3. Bentham's work laid the foundation for legal positivism by
advocating for a clear separation between law and morality.
4. He argued that laws should be based on observable social facts and
created by human authority, such as legislatures, rather than on
subjective moral judgments.

Define custom as a source of law

1. custom, as a source of law, refers to practices or norms that
develop within a community over time and are consistently
followed as matter of tradition or social obligation.
2. In legal systems, customs can hold significant authority and may
be recognized as sources of law alongside legislation, judicial
decisions, and legal precedents.

Here's a breakdown of how customs function as a source of law:

 1. Consistent Practice: Customary laws emerge from the repeated
and consistent behavior of members of a community. These
practices may include social norms, rituals, or traditions that
govern various aspects of life within the community.
2. Accepted Authority: Customs gain legal significance when they
are widely accepted and acknowledged as binding within a
particular society or community. They are often seen as reflecting
the collective will or values of the community.

state any 4 main requirement for valid local coustum

Valid local customs must meet certain criteria to be recognized as sources of law within a
particular legal system. Here are four main requirements for a local custom to be considered
valid:

1. Consistency and Uniformity: must be consistently and uniformly observed by the

members of the community within a particular geographical area or social group
2. Antiquity: Valid customs typically have a long-standing history and antiquity within the
community. They must have existed for a significant period, demonstrating their
durability and continuity over time.
3. Reasonable Certainty: The custom must be clear, definite, and capable of being
ascertained with reasonable certainty
4. Conformity with Public Policy: Valid customs must not conflict with public policy or
fundamental principles of law. They should promote social harmony, justice, and the
common good, aligning with the broader legal framework and values of the society..

state the different schools of femenist jurispudence for a 5 mark

answer
1. **Liberal Feminism:** They want to change laws to make sure everyone, no matter their
gender, has the same rights and opportunities.

2. **Radical Feminism:** They think the whole legal system is built to keep women down.
They want big changes to make things more equal, like getting rid of unfair laws and making
sure women have more power.

3. **Cultural Feminism:** They focus on women's experiences and how they can change the
law. They think the law should understand and respect what women go through in life.
4. **Critical Feminism:** They look at how gender mixes with other things like race and
class. They want to make sure the law helps everyone, especially those who face lots of
discrimination.

2 merits of legal realism

Legal realism offers several strengths in its approach to understanding law and legal systems.

Realistic Understanding of Law:

1. Legal realism provides a more accurate and realistic depiction of how law operates in
practice.
2. legal realists recognize that legal decisions are influenced by various factors, including
judges' personal beliefs, social context, and political considerations.
3. helps the law and better understand how legal outcomes are determined

Focus on Social Justice:

1. Legal realism highlights the role of law in shaping society and promoting social justice.
2. By acknowledging the influence of social, economic, and political factors on legal
decision-making,
3. legal realists can identify and challenge unjust legal practices and institutions.
4. This critical perspective encourages legal scholars and practitioners to advocate for legal
reforms that address systemic inequalities and promote fairness and equality under the
law.

WHAT IS POSSESSION IN FACT

1. Possession in fact or de facto possession is the actual or physical
possession.
2. Possession in fact" refers to the actual physical control or occupancy of property by
an individual or entity, regardless of whether they have legal ownership rights to the
property
3. in property disputes, the party who has possession in fact of a disputed property may have
certain rights or claims over it, even if they do not hold legal title. Similarly, in criminal law,
 possession in fact may be a crucial element in determining culpability for offenses such as
theft or drug possession.

WRITE A SHORT NT ON PIL

1. Public Interest Litigation (PIL) is a legal mechanism empowering individuals or
groups to raise concerns related to public welfare in court
2. originated in India but has been adopted in various forms in other countries.
3. allows citizens to advocate for issues affecting society at large, such as
environmental degradation, human rights violations, corruption, and access to
essential services like education and healthcare.
4. serves as a tool for holding governments and other authorities accountable for their
actions or inactions.

5. key features of PIL is that it enables the judiciary to intervene in matters of public
interest, ensuring that the rights of marginalized or disadvantaged groups are
upheld.

6. cases are typically filed by public-spirited individuals, activists, or non-governmental

organizations (NGOs) on behalf of the affected community. The courts may take suo
motu (on their own motion) cognizance of matters if they deem them to be of public
importance.

7. Through PIL, citizens can seek remedies such as policy changes, enforcement of
existing laws, compensation for victims, and the initiation of government action to
address societal concerns. It has become a vital tool for promoting transparency,
accountability, and the rule of law in democratic societies.

SHORT NOTE ON OWNERSHIP

1. right to possess, control, use, or dispose of something, whether or intangible
2. It shows the exclusive authority to determine how a resource is utilized and who
benefits from its use.
3. Ownership can be individual or collective, private or public, and can be acquired
through purchase, inheritance, or other legal means.
4. It gives responsibilities and liabilities along with rights, such as the duty to maintain
or manage the owned property.
5. Ownership is fundamental to economics, law, and social organization, shaping
relationships and influencing behavior within society.

what do you mean by administrative law

governs the activities of administrative agencies of government.
agencies, often created by legislation, are tasked with implementing and administering specific
laws and regulations.
Administrative law encompasses the rules, procedures, and legal principles that guide the
operation of these agencies and regulate their interactions with citizens, businesses, and other
government entities.

Key aspects of administrative law include:

1. **Rulemaking**: Administrative agencies have the authority to create rules and regulations
within the scope of their delegated powers.
2. **Adjudication**: Administrative agencies often act as quasi-judicial bodies, adjudicating
disputes and issuing decisions in areas such as licensing, permits, and regulatory enforcement.

3. **Enforcement**: Administrative agencies are responsible for enforcing compliance with the
laws and regulations within their jurisdiction.
4. **Judicial Review**: Administrative actions are subject to judicial review to ensure they
comply with constitutional principles, statutory mandates, and procedural requirements.

WHAT DO YOU MEAN BY UNBORN

1. relates to the legal status and rights attributed to a fetus or an unborn child.
2. It's a term used to describe the legal recognition of the potential personhood of a fetus
before birth.
3. The legal treatment of unborn persons varies widely across different legal systems
and contexts. Some legal systems grant certain rights or protections to unborn
persons, such as the right to inherit property or the right to protection from harm.
4. Issues surrounding the unborn person often arise in areas such as reproductive rights,
abortion laws, fetal rights, and legal responsibilities towards unborn children,
including prenatal care and support.
5. Jurisprudence examines the philosophical, ethical, and legal considerations regarding
the status and rights of unborn persons, often reflecting broader societal debates on
topics like the beginning of life, autonomy, and the balance of rights between
pregnant individuals and potential offspring.