Few Jural Matters

Mohammad Mamunur Rashid

 Question of Law
• Question of law is a question that must be answered
by applying relevant legal principles to interpretation
of the law. Such a question is distinct from a question
of fact, which must be answered by reference to facts
and evidence as well inferences arising from those
facts. Answers to questions of law are generally
expressed in terms of broad legal principles and can be
applied to many situations rather than be dependent
on particular circumstances or factual situations. An
answer to a question of law as applied to the particular
facts of a case is often referred to as a "conclusion of
law."
 Question of Fact
• Question of fact is a question that must be answered
by reference to facts and evidence as well as
inferences arising from those facts. Such a question is
distinct from a question of law, which must be
answered by applying relevant legal principles. The
answer to a question of fact (a "finding of fact")
usually depends on particular circumstances or factual
situations. All questions of fact are capable of proof or
disproof by reference to a certain standard of proof.
Depending on the nature of the matter, the standard
of proof may require that a fact be proven to be "more
likely than not“ which is established as preponderance
of the evidence or true beyond reasonable doubt.
 PERSON
• In an ordinary meaning any living human being
either male or female is person. In old Roman
law slaves were not supposed to be person
because they were not possessed rights. In
legal term a being who is capable to possess
rights and obligation and liabilities is person.
All human being are person. Any being whom
law regards as capable of rights and duties.
 Kinds of Persons
• Kinds of persons: There are two kinds of person in law
• Natural persons
• Legal person
Natural persons:
All the human beings are natural persons. The entire male and female are persons.
All the living beings which are recognized as person by state, they are persons in
law and persons in fact.
Legal persons:
Legal persons are created artificially and law regards them as legal person. They
are persons only in the eyes of law. They are also created by legal fiction so called
as fictitious also. They are also called juridical, conventional, imaginary, and they
have rights and obligations as natural person. They can sue and be sued.
• Animals, Dead human beings, Statues of unborn babies (He can claim damages
after birth, for the injuries he received before birth. He can claim compensation
for the death of his father or mother in fatal accidents. He inherits even his father
is died before his birth. He is natural person even his birth is only for a moment. A
woman cannot be punished after conviction if she is pregnant, till birth of baby.)
 Legal Person
• Kinds of legal persons: They are three kinds of Legal Person are as follows
• Institutions are not personified or group of persons but institutions itself are legal persons, such as,
mosque, library, hospital etc.
• Corporations: Corporations are a group or series of persons and natural persons are its members.
• Funds or estates: Funds or estates are used for specific purpose. Property or fund of deceased
person for trust or charity is kind of legal person.

• Kinds of Corporation:
Corporation aggregate: Corporation aggregate is a group or collection of persons who become
joint to accomplish a task. Even all members of this corporation die, it will remain live and continue
until death by law. Common example of this corporation is Municipal Corporation or registered
company.
Corporation sole:
Corporation sole is series of successive persons or individuals. It consists of only one person at a
time like king, postmaster general, Assistant Commissioner, or Prime Minister. When a person dies,
second one comes, fills in vacancy and performs functions. After death of office holder, for the
time being, office becomes dormant or inactive or goes in sleeping position and as well as other
person fills in the position, it become active.
 Ownership
The Right to possess: It is the exclusive characteristics of the ownership. It may be
divided into two aspects i.e. the right to be put into exclusive control of a thing
and the right to remain in control.

The Right to use: Use, management and income fall within this. In narrower sense use
means owner’s personal use and enjoyment of the thing. It excludes the
management and income from this thing owned.

The right to manage: the right to manage refers the authority to decide how and by
whom the thing would be used.

The right to the income: it exclusively refers to the situation by which you can earn
income from the property you own.

The right to the capital: the right to the capital consists in the power to alienate the
thing and the liberty to consume, waste or destroy the whole or part it. Clearly it
has an economic aspect.
 Ownrship
The right to security: the right to be owner of the property if he
wishes.
The right to incidence of transmissibility : this consists of two elements
i.e. transferability of the property to the successors of owner and
the transferability would not be determined in future date.

The incident of the absence of term: sometimes the absence of the

term may mean differently. For example, determination of the
ownership of anyone would be decided in future like insuring
something. Compensation would be determined in future.
• Liability to execution: the rights of the owner from the property
would be taken away to realize the owner’s debt.
• Residuary character: the property may be leased or mortgaged.
The people taking mortgage would be disentitled to exercise the
power like the actual owner.