Questions which arise for determination before a Court of law are considered either question of law or question 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 is in three senses: (1). A question whose answer is already prescribed … Read more
The administration of justice is the civilized 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 to Administration of … Read more
Jurisprudence Meaning: Jurisprudence is derived from a 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. … Read more
Precedent Meaning and Classification of Precedent: In England, the Common Law also known as unwritten law has kept preserved in the form of decisions of the superior courts since the close of the thirteenth century. This body of case-law is contained in Law Reports and has been handed down to this day. Since Royal Judges, … Read more
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 … Read more