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Jurisprudence LB-101 > Legal System > Flashcards

Legal System Flashcards

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1
Q

What is a Legal System ?

A

A Legal system refers to a set of legal principles, norms and institutions to protect and promote a secure living for its subjects in a cultured society. It recognises right, prescribes duty for the people and provides the ways and means to enforce them.

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2
Q

What are the three major families of law ?

A
  • Romano-Germanic Family
  • Common Law Family
  • Socialist Law Family

These families help in understanding the evolution of legal systems worldwide.

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3
Q

What is the basis of the Romano-Germanic Family?

A

Based on Roman jus civile and civil laws applicable to citizens

Founded by European scholars during the twelfth century and acknowledges contributions from Latin and Germanic universities.

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4
Q

What significant feature regulates the conduct of subjects in the Romano-Germanic Family?

A

Rule of Law

It attains legitimacy through rules of conduct, justice, and morality.

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5
Q

What is the process of codification in the Romano-Germanic Family?

A

Initial focus on private law, evolving into codified laws since the nineteenth century

It regulates private relationships and recognizes civil laws.

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6
Q

How did the Romano-Germanic Family spread beyond Europe?

A
  • Colonization
  • Voluntary reception

Countries may adopt the legal system with modifications to suit their traditions.

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7
Q

What is the foundation of the Common Law Family?

A

Based on the English model of law and rooted in Royal Power

Royal power may intervene where required and justified.

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8
Q

What methods does the Common Law Family primarily use to resolve disputes?

A

Trials and precedents

It differs from the Romano-Germanic Family which focuses on the formulation of rules.

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9
Q

What are some key aspects of the Common Law Family?

A
  • Administration of justice
  • Procedure
  • Evidence
  • Execution of judgments

It does not include private relation disputes like the Romano-Germanic Family.

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10
Q

What are the key differences between the Romano-Germanic and Common Law families?

A
  • Common Laws are not codified
  • Judicial precedents are binding in Common Law
  • Romano-Germanic laws are codified

Despite differences, both families share similarities influenced by Christian morality.

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11
Q

What characterizes the Family of Socialist Laws?

A

Revolutionary nature and emphasis on social systems

It evolves from the Romano-Germanic family but is distinct in its support for popular will.

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12
Q

What historical event is significant to the development of Socialist Laws?

A

The revolution of 1917 in the USSR

The USSR is where the principle of socialist laws first prevailed.

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13
Q

What role do cultural and social traditions play in legal systems around the world?

A

Countries adopt changes to their legal systems based on traditions and cultural systems

Examples include Muslim states, India, and countries in the Far East and Africa.

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14
Q

Fill in the blank: In China, law depicts _______ instead of justice.

A

arbitration

The legal system is more focused on maintaining peace through reconciliation.

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15
Q

What is the perception of law in Far Eastern countries like China and Japan?

A
  • Law is for barbarians
  • Emphasis on community cohesion over individual development

They have not fully adopted the fundamental legal system.

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16
Q

What challenges exist in defining ‘Law’?

A

Debate between proponents and adversaries of natural law

Definitions vary widely, influenced by cultural and philosophical perspectives.

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17
Q

How is law viewed in non-western nations compared to western nations?

A
  • Non-western: Recognized through legislations and customs
  • Western: More organized and equivalent to justice

This reflects differing cultural values and historical contexts.

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18
Q

What is the conclusion regarding the major legal systems?

A

A collection of diverse legal systems modified to fit societal traditions and conditions

The meaning of law varies among individuals, shaping their perspectives on justice.

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19
Q

What analogy does Joseph Minattur use to describe Indian laws?

A

He compares it to the holy water of Triveni, suggesting that immersing in the law is like bathing in pious water.

Triveni is a confluence of three rivers, considered sacred in Hinduism.

20
Q

What are the three main streams that join to form the Indian legal system?

A
  • Civil law (Romanist law)
  • Common law
  • Customary law
21
Q

Which type of law is considered the most dominant in the Indian legal system?

A

Common law

22
Q

What is the basis of customary laws in India?

A

Customary laws are based on religion and have their origins in usage, including personal laws.

23
Q

What is the significance of the idea of code in Indian law?

A

The idea of code has been derived from continental Europe; notable examples include the Indian Contract Act and Indian Succession Act.

24
Q

What is the structure of India’s judicial system?

A

India has a federal judicial system based on mixed law, including parliamentary legislature, court laws, customary, and religious laws.

25
Q

How has the Indian legal system evolved historically?

A

It has evolved from religious prescriptions to the current constitutional and legal system, influenced by British colonial rule.

26
Q

What is expected of India’s civil code under the Constitution?

A

It is likely to be eclectic in character, combining various laws based on religion, customary laws, and provisions from western codes.

27
Q

What is the status of customary laws in the context of conflicts with other codes?

A

Customary laws sometimes stand at an upper position when conflicts arise with other codes.

28
Q

What legal system still applies in the Union territory of Goa, Daman, and Diu?

A

Portuguese civil law applies in matters of personal law, despite the extension of several Indian enactments.

29
Q

What is the role of the Law Commission in India?

A

The Law Commission conducts research, reviews existing laws, and recommends reforms and new legislation.

30
Q

When was the first Law Commission established in India, and who chaired it?

A

The first Law Commission was established in 1834 under the Charter Act of 1833, chaired by Lord Macaulay.

31
Q

What contributions did the first four Law Commissions make?

A

They contributed to the Indian Statute Book with various legislations adapted from English laws to Indian conditions.

32
Q

List some significant acts produced by the first four Law Commissions.

A
  • Indian Code of Civil Procedure
  • Indian Contract Act
  • Indian Evidence Act
  • Transfer of Property Act
33
Q

What does the legal system of a country represent?

A

The cumulative effect of the endeavour, experience, thoughtful planning and patient labour of many people throughout generations.

34
Q

When did the modern judicial system in India start to take shape?

A

Under British control during the 17th century.

35
Q

Until what year did the British Empire influence India’s judicial system?

A

1947.

36
Q

What is the term for law in ancient India?

A

Dharma.

37
Q

What were regarded as the supreme source of authority for all codes in ancient India?

A

The Vedas.

38
Q

What traditional record governed the life and evolution of the Hindu community?

A

The Manusmriti.

39
Q

How was justice administered in ancient India?

A

According to the rules of civil and criminal law as provided in the Manusmriti.

40
Q

Describe the structure of the court system in ancient India.

A

A regular system of local courts with appeals to a superior court at the capital, and ultimately to the King.

41
Q

Who composed the King’s Court in ancient India?

A

The King, a number of judges, and his domestic chaplain.

42
Q

What role did the King play in the judicial process?

A

The final decision rested with the King.

43
Q

What were the three gradations of arbitrators below the local courts?

A
  • Kinsmen
  • Men of the same trade
  • Townsmen
44
Q

How many appeals existed in the arbitration system?

A

No less than five appeals.

45
Q

What was a common method for decision-making when other means of obtaining justice were unavailable?

A

Decision by arbitration, generally of five (Panches).

46
Q

What was the role of the village headman in the judicial system?

A

The judge and magistrate of the village community and collector of government revenue.

47
Q

What are the jurisdiction of High Court ?

A

Appellate
Original-
Writ
Original Suits (more than 20 lacs)
Supervisory
Revisional

Jurisprudence LB-101 (4 decks)

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