JURISPRUDENCE SHORT NOTES:

Q.1: Lease?
Lease:
- A lease is a legal agreement where the owner of a property (the lessor) grants the
right to use and occupy the property to another party (the lessee) for a specified
period, in exchange for payment.

Lessor and Lessee:

- Lessor: The lessor is the owner of the property who grants the lease.
- Lessee: The lessee is the person or entity who receives the right to use the
property for a specified period by paying rent to the lessor.

Rights and Liabilities:

Lessor's Rights and Liabilities:

1. Rent Collection: The lessor has the right to collect rent as per the lease
agreement.
2. Recovery of Possession: The lessor can take back possession of the property if
the lessee breaches any conditions of the lease.
3. Damages Recovery: If the property is damaged, the lessor can recover damages
from the lessee.
4: Property Disclosure: The lessor must disclose any material defects in the
property to the lessee.
5. Contractual Agreement: The lessor can enter into a contract with the lessee,
ensuring no interference with the property during the lease term.

Lessee's Rights and Liabilities:

1. Property Use: The lessee has the right to use and enjoy the property as agreed
upon in the lease.
2. Repairs: If the lessor fails to make repairs, the lessee can deduct expenses from
the rent.
3. Payment Deduction: The lessee can deduct any payments the lessor is obligated
to make from the rent.
4. Property Maintenance: The lessee must maintain the property and return it in the
same condition.
5. Notice Obligation: If the lessee becomes aware of any legal proceedings or
encroachments on the property, they must inform the lessor.
6. Asset Use: The lessee can use the assets on the property as long as it aligns with
the lease agreement.
7. Structure Attachment: Permanent structures cannot be attached without the
lessor's consent, except for agricultural purposes.
8. Return of Possession: The lessee must return possession of the property to the
lessor at the end of the lease term.
Q.2: Trust:
Answer:
Trust:
- A trust is like a special box where one person (settlor) puts their stuff for another
person (trustee) to take care of for the benefit of someone else (beneficiary).

Trustee:
- The trustee is the person who takes care of the stuff in the trust box according to
the rules set by the person who put the stuff in there (settlor).

Beneficiary:
- The beneficiary is the person who gets the benefits from the stuff in the trust box.
They are the ones who benefit from what's inside.

Settlor:
- The settlor is the person who puts their stuff into the trust box. They decide how
things should be managed and who should benefit.

Essentials of Trust:
1. Intent: The settlor must really mean to create the trust.
2. Trust Property: There must be stuff or things put into the trust box.
3. Trustee: Someone needs to be in charge of looking after the trust box.
4. Beneficiary: Someone needs to benefit from what's inside the trust box.
5. Legal Purpose: The trust has to be created for a good reason that follows the
law.

Creditor:
 A creditor is someone to whom money is owed. If the person who put stuff into
the trust box owes money, the creditor might have a right to get some of that stuff
to pay off the debt.

Essentials for Creditor:

1. Debt: There must be money owed by the person who set up the trust.
2. Access to Trust Property: Creditors might be able to get some of the stuff in the
trust box to pay off what's owed, depending on the rules and laws.

A trust is like a special arrangement where someone puts their things into a box for
someone else to manage, for the benefit of someone specific. If the person who put
things in the box owes money, the creditor might be able to get some of those
things to pay off the debt.
Q.3: Obligation, its kind and sources?
Answer:
Obligation:
- An obligation is a legal or moral duty that binds one person to another, requiring
them to do something or refrain from doing something. It's like a bond between
two parties where one is obliged to fulfill a duty and the other has a corresponding
right.

Kinds of Obligations:
1. Simple Obligation: This is when there's just one creditor and one debtor
involved. It's straightforward, with only two parties.
2. Solidary Obligation: In this type, there can be multiple creditors or debtors. Each
debtor is responsible for the entire obligation, not just a share of it.

Sources of Obligation:
1. Contractual Obligations: Arise from agreements or contracts between parties,
where each party has agreed to certain obligations.
2. Delictal Obligations: Stem from civil wrongs or torts, where one party causes
harm to another and is obligated to compensate them.
3. Quasi-contractual Obligations: Arise when there's no actual contract, but the law
treats the situation as if there were one, imposing obligations on the parties
involved.
4. Innominate Obligations: These are obligations that don't fit neatly into the
categories of contractual, delictal, or quasi-contractual obligations. They're
unnamed and separate from other sources.

Kinds of Solidary Obligation:

1. Several: Involves multiple debtors owing the same debt, but if one debtor pays,
the others are relieved of their obligations.
2. Joint: When multiple debtors owe the same debt, but if one pays, all debtors are
relieved of their obligations.
3. Joint and Several: Each debtor is individually responsible for the entire debt, so
if one pays, the others are still obligated to pay their share.

Obligations are legal or moral duties that can arise from various sources, and
understanding their types helps determine the rights and responsibilities of parties
involved.
Q.4: Codification?
Answer:
Codification refers to the process of collecting and systematically arranging the
laws of a particular jurisdiction into a comprehensive and organized legal code.
This code serves as a single authoritative source of law, making the legal system
more accessible, transparent, and predictable. Here's a detailed explanation of
codification:

1. Background:
- Before codification, legal systems often relied on a mixture of customary law,
judicial decisions, and statutes. This fragmented approach made it difficult for
individuals to understand their legal rights and obligations.
- Codification seeks to consolidate and clarify existing laws, reducing ambiguity
and inconsistency within the legal system.

2. Process of Codification:
- Collection of Laws: The first step involves gathering all relevant laws, statutes,
regulations, and legal principles applicable within the jurisdiction.
- Organization: The laws are then organized thematically or systematically into
different categories or chapters based on their subject matter.
- Clarity and Consistency: During codification, efforts are made to ensure that
the language used is clear, precise, and consistent to avoid confusion or
misinterpretation.
- Elimination of Redundancy: Redundant or obsolete laws may be repealed or
consolidated to streamline the legal framework.
- Drafting and Revision: Legal experts, legislators, and scholars collaborate to
draft and revise the code, incorporating feedback and making necessary
adjustments to ensure its accuracy and effectiveness.

3. Advantages of Codification:
 - Accessibility: A codified legal system provides individuals with easy access to
the law, making it simpler to understand and comply with legal requirements.
- Certainty and Predictability: Codification promotes legal certainty by clarifying
rights and obligations, reducing ambiguity, and providing consistent interpretations
of the law.
- Efficiency: Having all laws consolidated into a single code streamlines legal
processes, such as research, adjudication, and enforcement, saving time and
resources.
- Modernization: Codification allows legal systems to adapt to changing social,
economic, and technological developments by updating and revising outdated
laws.
- Uniformity: A codified legal system promotes uniformity and consistency in
the application of the law across different regions or jurisdictions within the same
legal system.

4. Examples of Codified Legal Systems:

- Civil Law Systems: Many civil law countries, such as France, Germany, and
Japan, have comprehensive legal codes that govern various aspects of civil,
criminal, and commercial law.
- Common Law Systems: While common law jurisdictions like the United
Kingdom and the United States rely more on case law and precedent, they also
have statutory codes that codify certain areas of law, such as criminal law or
commercial transactions.
Q.5: Rule of Ejusdem generis:
Answer:
Meaning: Ejusdem generis is like a rulebook for understanding laws. It says that if
a law talks about specific things first, then mentions general things afterward, those
general things should be similar to the specific ones. It's like saying, "If you talk
about dogs, cats, and other pets, those 'other pets' should be like dogs and cats, not
something totally different like a rock."

Example: Imagine a law discussing vehicles and listing motorcycles, trucks, and
cars, then saying "other motor-powered vehicles." Ejusdem generis would mean
those "other motor-powered vehicles" should be similar to motorcycles, trucks, and
cars – like other land vehicles – not something completely different, like airplanes.

Case Law: In Circuit City Stores Inc. vs. Adams, the Supreme Court explained
ejusdem generis. It clarified that when specific words are followed by more general
ones in a law, the general words should only include things similar to the specific
ones listed before.

Conditions Apply: For ejusdem generis to be used, four things must happen:
1. The law lists specific things that form a group.
2. The group isn't complete; there's room for more.
3. After the specific list, the law mentions general terms.
4. It's not obvious that lawmakers meant the general terms to be broader than the
specific ones.

Exceptions: But there are times when ejusdem generis doesn't apply:
1. If the specific list is already broad, the rule doesn't work.
2. If the specific list covers everything in its category, there's nothing left for
ejusdem generis to apply to.
3. And if lawmakers clearly meant for the general term to be broader, the rule
doesn't kick in.
Q.6: Powers and duties of the S.C?
Answer:
1. Judicial Review:
- The Supreme Court has the power to review laws and actions of the
government to ensure they are in line with the Constitution. This means they can
strike down laws or actions that violate constitutional rights.
2. Final Appellate Jurisdiction:
- The Supreme Court is the highest court in the country, so its decisions are final.
It hears appeals from lower courts on important legal questions and has the
authority to make final judgments.
3. Interpreting the Constitution:
- It's the Supreme Court's job to interpret the Constitution. This means they
decide what the Constitution means in different situations and how it applies to
modern issues.
4. Settling Disputes Between States:
- The Supreme Court has the power to settle disputes between states. If two states
have a disagreement over something like borders or water rights, the Supreme
Court can step in and make a decision.
5. Judicial Review of Executive Actions:
- The Supreme Court can review actions taken by the executive branch (the
President and government agencies) to ensure they are lawful and constitutional.
6. Original Jurisdiction: - In certain cases, the Supreme Court has original
jurisdiction, meaning cases can be filed directly with the Supreme Court without
going through lower courts first. These cases often involve disputes between states
or cases affecting ambassadors or public ministers.

7. Supervision of Lower Courts:

- The Supreme Court oversees the lower federal courts and state courts to ensure
they are following federal law and the Constitution.
8. Upholding Individual Rights:
 - One of the essential duties of the Supreme Court is to protect individual rights
guaranteed by the Constitution. This includes rights such as freedom of speech,
religion, and the right to a fair trial.
Q.7: Realist theory of law:
Answer:
Realistic Theory of Law:
The realistic theory of law, founded by jurists like Karl, deviates from the typical
legal positivist view that law is given by sovereign authority. While agreeing that
law comes from sovereign authority, realists emphasize that the enforcement of
law happens through the courts. They argue that if law isn't enforced through the
courts, it becomes like dead words without any value or meaning. Realists suggest
that the real lawmakers are the courts because they decide and enforce the law.

According to the realists, law isn't truly law until it's enforced by the courts. They
believe that the practical application of law, where people start following and
applying it in their lives, gives it life and meaning. Realists highlight the crucial
role of the judiciary in enforcing the law, as they are knowledgeable and skilled in
determining what is beneficial or harmful for society.

Merits of Realistic Theory:

1. Emphasis on Practical Application: Realists stress that the true nature of law
emerges when it's practically applied in real-life situations.

2. Role of the Judiciary: Realists highlight the important role of the judiciary in
enforcing and interpreting the law, acknowledging their expertise in making
decisions for the benefit of society.

Demerits of Realistic Theory:

1. Overemphasis on Thoughts: Critics argue that the theory is solely based on

abstract thoughts and ideas, neglecting other sources of law such as customs and
precedents.
2. Neglect of Judicial Recognition: Critics suggest that the theory overlooks the
importance of judicial recognition in enforcing the law, implying that enforcement
happens automatically without the need for judicial intervention.

3. Assumption of Automatic Compliance: Critics also argue that the theory

assumes that people will automatically follow the law without the need for courts
to enforce it, which may not always be the case.

The realistic theory of law focuses on the practical application of law through
judicial enforcement, emphasizing the role of courts in determining its meaning
and significance. While it highlights the importance of practicality and judiciary, it
also faces criticism for its overemphasis on abstract thoughts and assumptions
about compliance.
Q.8: Functions of Law:
Answer:
1. Social Control: Law helps regulate and control behavior within society by
setting standards of acceptable conduct and outlining consequences for violating
those standards. For example, traffic laws regulate how people drive on the roads,
ensuring safety and order. When someone breaks these laws, they may face
consequences like fines or license suspension, which acts as a form of social
control.

2. Dispute Resolution: Law provides mechanisms for resolving conflicts and

disputes between individuals or groups in a fair and orderly manner. Courts,
arbitration, and mediation are examples of forums for dispute resolution. For
instance, if two parties have a disagreement over a contract, they can take their
case to court where a judge will listen to both sides and make a decision based on
the law and evidence presented.

3. Forums of Dispute Resolution: Forums of dispute resolution are the various

avenues available for resolving conflicts outside of the traditional court system.
This includes methods like arbitration and mediation, where neutral third parties
help facilitate agreements between disputing parties. For example, in arbitration, a
neutral arbitrator listens to both sides and makes a decision that is legally binding,
providing a quicker and less formal alternative to court litigation.
4. Social Change: Law can act as a catalyst for social change by reflecting evolving
societal values and norms. For example, laws regarding same-sex marriage have
changed in many countries over time, reflecting shifting attitudes towards
LGBTQ+ rights. By codifying new principles and standards, law can help shape
and drive social progress.

5. Promotion of Rule of Law: The rule of law is the principle that everyone,
including government officials, is subject to the law and must abide by it. Law
ensures accountability and prevents the abuse of power by establishing clear rules
and procedures. For example, constitutional provisions that limit the powers of
government officials and require adherence to legal procedures promote the rule of
law.

6. Expression of Society: Law reflects the values, beliefs, and priorities of a

society. Legal principles and norms often reflect cultural, political, and historical
influences. For instance, laws protecting freedom of speech and religion in
democratic societies reflect the value placed on individual liberties and autonomy.

7. Moral Values: Law can embody and enforce societal moral values by
prohibiting behaviors that are considered immoral or unethical. For example, laws
against theft and murder reflect society's moral condemnation of these acts. By
codifying moral principles into legal rules, law reinforces and upholds societal
norms of right and wrong.

The functions of law encompass a wide range of roles, including maintaining

social order, resolving disputes, facilitating social change, promoting the rule of
law, expressing societal values, and upholding moral principles. Through its
various functions, law plays a critical role in shaping and governing society.
Q.9: Corporation, advantages and disadvantages:
Answer:
Corporation Explained:
A corporation is like a legal superhero created by the law. It's treated almost like a
person, with the ability to do many things that individuals can, such as entering
contracts, owning property, and even suing or being sued.

Advantages of Corporation:
1. Limited Liability: This is like having a protective shield. It means that if the
corporation gets into financial trouble, the owners (shareholders) won't lose more
than they invested.
2. Ability to Grow: Corporations can become big players in the business world
because they can sell shares of ownership (stocks) to lots of people, which makes it
easier to raise money for expansion.
3. Longevity: Unlike some other business types, a corporation can live on and on,
even if its original owners aren't around anymore.
4. Professional Management: Corporations can hire experts to run the show, which
can bring in specialized skills and experience.
5. Access to Financing: Because corporations can issue stocks and bonds, they
have more options for raising funds than other types of businesses.

Disadvantages of Corporation:
1. Higher Taxes: Corporations often face higher taxes because they're taxed on
their profits, and then shareholders are taxed again on any dividends they receive.
2. Costlier Setup: Creating a corporation can be more expensive and complicated
compared to other business structures like sole proprietorships or partnerships.
3. Government Regulation: There's a lot of red tape. Corporations have to deal with
more government rules and regulations, which can mean more paperwork and
oversight.
4. Less Privacy: Because of all the regulations, corporations have to disclose a lot
of financial information, which can make it harder to keep business matters
private.

A corporation offers protections like limited liability and the ability to grow big,
but it comes with higher taxes, more setup costs, and increased government
oversight. It's like having a powerful ally, but one that comes with its own set of
rules and responsibilities.
Q.10: Incorporation and its advantages and disadvantages:
Answer:
Definition of Incorporation:
Incorporation is like giving birth to a new legal entity. It's the process of creating a
corporation under the laws of a specific jurisdiction, such as a state or country.
This entity becomes separate from its owners and can conduct business, own
property, and enter contracts in its own name.

Advantages of Incorporation:
1. Independent Legal Entity: Once incorporated, the corporation becomes its own
legal person. It can do things like sue or be sued, enter contracts, and own property,
all under its own name.
2. Perpetual Existence: Unlike some other business structures that depend on the
owners, a corporation can live on even if its shareholders change or pass away. It
has its own life, so to speak.
3. Limited Liability: This is like having a safety net. Shareholders are protected
from being personally responsible for the corporation's debts and liabilities,
limiting their losses to the amount they've invested.
4. Transferability of Shares: Ownership in a corporation is represented by shares of
stock, which can be bought, sold, or transferred easily. This makes it simpler for
shareholders to change or liquidate their investments.
5. Access to Large Capital: Corporations can raise money by selling shares of
ownership to many investors, allowing them to gather large amounts of capital for
expansion and growth.
6. Separation of Ownership and Management: In a corporation, ownership
(shareholders) and management (board of directors and executives) are separate.
This can bring in specialized skills and professional management, enhancing the
corporation's efficiency and effectiveness.

Disadvantages of Incorporation:
1. Formalities and Expenses: Incorporating involves a lot of paperwork, legal
formalities, and associated costs. This can make the process more time-consuming
and expensive compared to other business structures.
2. Lack of Secrecy: Corporations are required to disclose a lot of financial and
operational information to government authorities and shareholders. This lack of
privacy can be a disadvantage for those who prefer to keep business matters
confidential.
3. Potential for Wastage and Inefficiency: With separation between ownership and
management, there's a risk of disconnect and inefficiency in decision-making
processes. This can lead to wastage of resources and less effective management.

Incorporation offers benefits like legal protection, access to capital, and

professional management, but it also comes with formalities, expenses, and
potential challenges in maintaining privacy and efficiency. It's like opening a door
to a world of opportunities, but one that requires careful navigation and adherence
to regulations.
Q.11: State, Elements of state and concept of sovereignty:
Answer:

State Explained:
Think of the state like a big team made up of people living in a certain area. It's a
powerful group that's responsible for making and enforcing rules to keep things
running smoothly. Aristotle, an ancient philosopher, believed that being part of a
state was essential for humans.

Definitions:
- Woodrow Wilson said a state is like a group of people living in a certain area and
following rules.
- Prof. Laski said a state is made up of the government and the people it governs,
with the government having the most power.
- Aristotle described the state as a bunch of families and villages coming together
to make life good for everyone.
Elements of State:

1. Population:
- This is the group of people who live in the state. Without people, there's no
state. The size of the population can vary a lot, but it should be big enough to work
well together without being too overwhelming.

2. Territory:
- Every state needs a piece of land to call its own. This includes not just the
ground but also rivers, mountains, and even the air above it. Islands nearby can
also be part of a state's territory.

3. Government:
 - The government is like the manager of the state. It makes and enforces the
rules. There are three main parts to a government:
- The Legislature, which makes laws.
- The Executive, which puts the laws into action.
- The Judiciary, which makes sure everyone follows the laws and solves
disputes.

4. Sovereignty:
- This is like the state's superpower. It means the state has the highest authority
and no one else can tell it what to do. There are two types:
- Internal sovereignty means the state has power over its own citizens and
groups.
- External sovereignty means the state is independent and not controlled by
other countries.

A state is like a big team of people living in a certain area, with rules and leaders to
keep things running smoothly. It needs people, land, a government, and the power
to make its own decisions.