5 Flashcards
What is the primary focus of Module 5?
The key legal concepts and principles covered in this section.
Which legal theory suggests that law should evolve with society’s needs?
Sociological Jurisprudence
What is the main distinction between Public and Private Law?
Public Law governs state-related matters, while Private Law deals with individuals.
What does ‘Judicial Precedent’ mean?
A legal principle where past court decisions influence future rulings.
What is the purpose of Constitutional Law?
To define government structure and protect fundamental rights.
What is the principle of ‘Legal Certainty’?
Laws must be clear, consistent, and predictable.
What is the ‘Doctrine of Necessity’ in legal theory?
A principle that justifies otherwise unlawful acts during emergencies.
What does ‘Lex Specialis’ mean?
A specific law overrides a general law in cases of conflict.
What is ‘Mens Rea’ in Criminal Law?
The mental state or intent required to commit a crime.
What is the role of ‘Legal Realism’ in interpreting laws?
It emphasizes the practical effects of legal decisions rather than abstract principles.
What is the primary focus of Module 5?
The key legal concepts and principles covered in this section.
Which legal theory suggests that law should evolve with society’s needs?
Sociological Jurisprudence
What is the main distinction between Public and Private Law?
Public Law governs state-related matters, while Private Law deals with individuals.
What does ‘Judicial Precedent’ mean?
A legal principle where past court decisions influence future rulings.
What is the purpose of Constitutional Law?
To define government structure and protect fundamental rights.
What is the principle of ‘Legal Certainty’?
Laws must be clear, consistent, and predictable.
What is the ‘Doctrine of Necessity’ in legal theory?
A principle that justifies otherwise unlawful acts during emergencies.
What does ‘Lex Specialis’ mean?
A specific law overrides a general law in cases of conflict.
What is ‘Mens Rea’ in Criminal Law?
The mental state or intent required to commit a crime.
What is the role of ‘Legal Realism’ in interpreting laws?
It emphasizes the practical effects of legal decisions rather than abstract principles.
What is the primary objective of law in society?
To regulate conduct, resolve disputes, and ensure justice.
What is ‘Rule of Law’?
The principle that all individuals and institutions are subject to the law.
What does ‘Ultra Vires’ mean in Administrative Law?
Acts beyond the legal authority of an entity are invalid.
What is the function of ‘Judicial Review’?
To assess the constitutionality of laws and government actions.
What is the difference between Civil Law and Common Law systems?
Civil Law is based on codified statutes, while Common Law relies on judicial precedents.
What is ‘Customary Law’?
Law derived from long-standing traditions and practices.
What is the main principle behind the doctrine of ‘Separation of Powers’?
Dividing government power among legislative, executive, and judicial branches.
What is ‘Legal Positivism’?
The view that law is a set of rules created by a sovereign authority, separate from morality.
What does ‘Stare Decisis’ mean?
The legal principle that courts should follow previous judicial decisions.
What is the significance of ‘Ratio Decidendi’ in case law?
It is the legal reasoning behind a court’s decision and forms a binding precedent.
What is ‘Obiter Dicta’?
Statements made by a judge that are not legally binding but may be persuasive in future cases.
What is ‘Lex Talionis’?
The law of retaliation, often summarized as ‘an eye for an eye’.
What is ‘Jus Cogens’ in International Law?
A fundamental legal principle that cannot be violated by any nation.
What is the purpose of ‘Contract Law’?
To ensure that agreements between parties are legally enforceable.
What is ‘Tort Law’?
A legal framework that provides remedies for civil wrongs and personal injury cases.
What does ‘Pacta Sunt Servanda’ mean in Contract Law?
Agreements must be kept and honored.
What is ‘Restorative Justice’?
A legal approach that focuses on repairing harm caused by criminal behavior.
What does ‘Fiat Justitia Ruat Caelum’ mean?
Let justice be done though the heavens fall.
What is the principle of ‘Double Jeopardy’?
A person cannot be tried twice for the same crime after acquittal or conviction.
What is the significance of ‘Habeas Corpus’?
It protects individuals from unlawful detention by requiring a court to review their imprisonment.
What is ‘Mens Rea’?
The mental element or intent required to be guilty of a crime.
What is ‘Actus Reus’?
The physical act of committing a crime.
What is ‘Burden of Proof’?
The obligation to prove a disputed fact in a legal case.
What is the function of ‘Administrative Law’?
To regulate the actions of government agencies and officials.
What is ‘Diplomatic Immunity’?
Protection from prosecution granted to foreign diplomats.
What is ‘Legal Certainty’?
The principle that laws must be clear, predictable, and consistently applied.
What does ‘Locus Standi’ mean?
The right of a person to bring a case to court.
What is ‘Equity’ in legal terms?
A system of justice designed to supplement strict legal rules where fairness demands it.
What is the primary goal of ‘Human Rights Law’?
To protect individual freedoms and dignity.
What is ‘Municipal Law’?
The laws that govern a specific country or state.
What is the key function of ‘Criminal Law’?
To define offenses and prescribe punishments for crimes.
What is ‘Legal Realism’?
A legal theory that emphasizes the real-world effects of laws rather than abstract principles.
What does ‘Nullum crimen, nulla poena sine lege’ mean?
No crime, no punishment without a law.
What is ‘Restitution’ in law?
Compensation awarded to a party to restore them to their previous position.
What is ‘Vicarious Liability’?
Legal responsibility of one party for the actions of another (e.g., an employer for an employee).
What is ‘Strict Liability’?
Liability that does not require proof of negligence or intent.
What is ‘Jurisprudence’?
The philosophy and study of law.
What is the significance of a ‘Constitution’?
It serves as the supreme law of a nation, outlining governance and fundamental rights.
What is the ‘Doctrine of Necessity’?
A principle that allows unlawful actions in extreme emergencies to maintain order.
What does ‘Audi Alteram Partem’ mean?
The right to be heard; both sides in a legal dispute must be given a fair hearing.
What is ‘Legal Personality’?
The recognition of an entity as having legal rights and obligations.
What is the difference between ‘Felonies’ and ‘Misdemeanors’?
Felonies are serious crimes, while misdemeanors are less severe offenses.
What does ‘Legal Standing’ refer to?
A person’s ability to demonstrate sufficient connection to a case to bring legal action.
What is the principle of ‘Presumption of Innocence’?
A fundamental rule that an accused person is innocent until proven guilty.
What is the concept of ‘Judicial Independence’?
The principle that judges must make decisions free from political pressure or external influence.
What does ‘Proximate Cause’ mean in Tort Law?
An event sufficiently related to an injury to be held legally responsible.
What is ‘Substantive Law’?
The part of law that defines rights, duties, and legal relationships.
What is ‘Procedural Law’?
The set of rules that dictate how legal processes are conducted.
What is ‘Lex Lata’?
The law as it currently exists.
What is ‘Lex Ferenda’?
Law as it ought to be in the future.
What is the primary function of the ‘Legislature’?
To create and enact laws.
What is ‘Treason’?
A crime involving acts against one’s own country or government.
What is ‘Legal Precedent’?
A judicial decision that serves as an example for future similar cases.
What is ‘Diplomatic Recognition’?
A formal acknowledgment by a country of another state or government.
What is the ‘Principle of Proportionality’ in law?
Legal actions must be reasonable and not excessive in relation to the issue at hand.
What is the legal definition of death according to Module 5?
Death is the irreversible cessation of circulatory, respiratory, or brain functions.
Which section of the constitution is referenced in Module 5 regarding human rights and legal protections?
Check the module for the exact section cited.
What are the key medicolegal principles related to death?
Identification of cause of death, post-mortem examinations, and legal death certifications.
What is the significance of post-mortem examinations in legal investigations?
They help determine the cause and manner of death in forensic cases.
What is ‘brain death’ and how is it legally recognized?
Brain death is the irreversible loss of brain function, legally considered death in many jurisdictions.
Which constitutional provision governs the right to life and its legal limitations?
Check Module 5 for the specific section cited.
How does the law differentiate between natural and unnatural deaths?
Natural deaths result from medical conditions, while unnatural deaths involve external causes like accidents or homicide.
What are the legal implications of medical negligence in cases of death?
Medical negligence can lead to civil liability, criminal prosecution, or disciplinary actions.
What is the role of forensic pathologists in medico-legal cases?
They conduct autopsies to determine the cause of death in legal investigations.
What is the legal requirement for certifying a person’s death?
A licensed medical practitioner must confirm death and issue a death certificate.
What is the legal definition of death according to Module 5?
Death is the irreversible cessation of circulatory, respiratory, or brain functions.
Which section of the constitution is referenced in Module 5 regarding human rights and legal protections?
Check the module for the exact section cited.
What are the key medicolegal principles related to death?
Identification of cause of death, post-mortem examinations, and legal death certifications.
What is the significance of post-mortem examinations in legal investigations?
They help determine the cause and manner of death in forensic cases.
What is ‘brain death’ and how is it legally recognized?
Brain death is the irreversible loss of brain function, legally considered death in many jurisdictions.
Which constitutional provision governs the right to life and its legal limitations?
Check Module 5 for the specific section cited.
How does the law differentiate between natural and unnatural deaths?
Natural deaths result from medical conditions, while unnatural deaths involve external causes like accidents or homicide.
What are the legal implications of medical negligence in cases of death?
Medical negligence can lead to civil liability, criminal prosecution, or disciplinary actions.
What is the role of forensic pathologists in medico-legal cases?
They conduct autopsies to determine the cause of death in legal investigations.
What is the legal requirement for certifying a person’s death?
A licensed medical practitioner must confirm death and issue a death certificate.
What is the legal significance of a death certificate?
It serves as an official document confirming the occurrence and cause of death.
What are the main causes of unnatural death in medico-legal cases?
Homicide, suicide, accidental deaths, and deaths due to medical negligence.
What does ‘cause of death’ mean in forensic investigations?
The specific injury or disease leading to death.
What is ‘manner of death’ in legal terms?
The classification of death as natural, accidental, suicidal, homicidal, or undetermined.
Which legal document is required for burial or cremation?
A death certificate issued by a certified medical practitioner.
What is the role of a coroner in medico-legal cases?
A coroner investigates suspicious or unnatural deaths to determine the cause and manner of death.
What is forensic pathology?
A branch of medicine that determines the cause of death through post-mortem examination.
What is the purpose of an autopsy in legal cases?
To determine the exact cause of death and provide evidence in legal investigations.
Under what circumstances is an autopsy legally required?
Suspicious, sudden, unexplained, or unnatural deaths.
What is the ‘right to life’ under constitutional law?
A fundamental right protecting individuals from unlawful deprivation of life.
Which section of the constitution addresses the right to life?
Check Module 5 for the specific constitutional section cited.
What are the legal considerations in withdrawing life support?
Medical ethics, patient consent, and legal provisions governing end-of-life care.
What is euthanasia, and what are its legal implications?
The act of intentionally ending a life to relieve suffering; its legality varies by jurisdiction.
What is physician-assisted suicide?
When a doctor provides means for a patient to end their own life under legal regulations.
How does the law differentiate between voluntary and involuntary euthanasia?
Voluntary euthanasia is with patient consent; involuntary euthanasia occurs without consent.
What are the legal penalties for homicide?
Vary by jurisdiction but generally include imprisonment or capital punishment.
What are the differences between murder and manslaughter?
Murder involves intent to kill, while manslaughter is killing without premeditation.
What are common defenses in homicide cases?
Self-defense, insanity, lack of intent, or accidental death.
What is the legal concept of ‘presumption of death’?
A legal declaration that a missing person is presumed dead after a certain period.
How long must a person be missing before being presumed dead?
The duration varies by jurisdiction; check Module 5 for legal specifics.
What legal authority investigates deaths occurring under suspicious circumstances?
The coroner or medical examiner, depending on jurisdiction.
What is the importance of toxicology in forensic investigations?
It helps detect poisons, drugs, or toxins in the body that may have contributed to death.
What is ‘rigor mortis’?
The post-mortem stiffening of muscles occurring after death.
What is ‘livor mortis’?
The pooling of blood in dependent body parts after death, indicating body position at death.
What is ‘algor mortis’?
The cooling of the body after death, used to estimate time of death.
What is ‘exhumation’?
The legal process of digging up a buried body for further examination.
Under what circumstances can a body be exhumed legally?
For further investigation in cases of suspicious death or new legal evidence.
What is ‘post-mortem interval’?
The time elapsed between death and discovery of the body.
How does DNA analysis assist in death investigations?
It helps identify victims, determine family relationships, or link suspects to a crime scene.
What is the role of forensic entomology in determining time of death?
It analyzes insect activity on a corpse to estimate the time of death.
What is ‘medical negligence’?
A failure by a healthcare professional to provide standard care, resulting in harm or death.
What are the legal consequences of medical negligence?
Civil lawsuits, loss of medical license, or criminal charges in severe cases.
What legal doctrine applies when a doctor’s negligence directly causes a patient’s death?
The doctrine of medical malpractice or wrongful death.
What is an inquest?
A judicial inquiry into the cause of an unnatural or suspicious death.
Who conducts an inquest?
A coroner or magistrate, depending on jurisdiction.
What is ‘wrongful death’ in civil law?
A legal claim against a party whose negligence or misconduct caused someone’s death.
What damages can be awarded in a wrongful death lawsuit?
Compensation for lost income, funeral expenses, and emotional distress of the family.
What is the ‘golden hour’ in forensic medicine?
The critical period after death when vital clues are most detectable.
What is ‘putrefaction’ in forensic pathology?
The decomposition process of a body after death.
How do forensic experts determine if a death was due to drowning?
By analyzing water in the lungs and diatoms in body tissues.
What are ‘defensive wounds’?
Injuries sustained while attempting to resist an attack, often found on homicide victims.
How is poisoning detected in medico-legal cases?
Through toxicological tests on blood, urine, and organ tissues.
What is ‘asphyxia’?
A condition caused by the deprivation of oxygen leading to suffocation and death.
How do forensic experts determine strangulation as a cause of death?
By examining neck injuries, hyoid bone fractures, and petechial hemorrhages.
What is ‘blunt force trauma’?
Injury caused by impact with a non-sharp object, often seen in assaults or accidents.
What is ‘sharp force trauma’?
Injury caused by knives or sharp objects, resulting in incised wounds or stab wounds.
What are ‘gunshot residue tests’ used for?
To determine if a person has fired a gun or was in close proximity to a gunshot.
What is the importance of forensic ballistics in homicide cases?
It helps analyze firearms, bullet trajectories, and wound patterns to determine shooting circumstances.
