Questions that arise for determination before a Court of law are considered either questions of law or questions of facts or a mixture of both, known as mixed questions of law and fact. Question of Law: We can understand a question of law in three senses: First Sense: A question whose answer is already prescribed by some rule of law.
Jurisprudence Meaning: Jurisprudence is derived from the Latin word ‘jurisprudential’ which means ‘knowledge or skill of law’. The Latin word ‘Juris’ means ‘law’ and ‘prudential’ means ‘skill or knowledge. Thus, Jurisprudence signifies knowledge of the law and its application. Jurisprudence may be considered to be the study and systematic arrangement of general principles of law. Jurisprudence is that science that
The administration of justice is the proper substitute for private vengeance and retribution. It means the maintenance of rights in the political community by the physical force of the State. It involves i). the physical force of the State, ii). Politically organized society and iii). Maintenance of rights as the object. Definitions of Administration of Justice: According to Lord Bryce;
Introduction to Precedent In England, the Common Law also known as unwritten law has been preserved in the form of decisions of the superior courts since the close of the thirteenth century. T his body of case law is contained in Law Reports and has been handed down to this day. Since Royal Judges, exercising the prerogative of the Crown
How is a Precedent disregarded? A precedent may be disregarded in any one of the following two ways: 1). It may be overruled by a court of superior jurisdiction. In such an eventuality the precedent loses all its force with retrospective effect so that transactions entered into before the date of overruling shall be affected as much as the transaction
Introduction to Sovereignty: The word ‘sovereign’ is commonly used in the sense of a king or monarch, possessing the highest unlimited powers in the state, but in jurisprudence, a sovereign is one who enforces the law. Meaning of Sovereignty: (i) In the Literal sense: The term sovereignty means supreme dominion, authority, or rule. (ii) In its popular sense: The term
Introduction to Imperative Theory of Law: Hobbes, a philosopher of the 17th century, A.D., was the founder of the theory that man is by nature a selfish animal. He is not a social animal and finds nothing but grief in the company of his fellow human beings and lives in continual fear of danger and violent death. This state of