NEW A Brief Overview of Tort Law

Introduction 

A tort is a civil breach committed against another in which the injured party can sue for damages. In personal injury cases, the injured party will attempt to receive compensation with the represantation of a personal injury lawyer in order to recover from damages incurred. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are four elements to tort law: duty, breach of duty, causation, and injury. In order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury. The three main types of torts are negligence, strict liability (product liability), and intentional torts.

Intentional Interference with a Person

All tortious charges of intentional interference with person/property involve intent, which provides for a civil wrong, knowingly committed by the offender.  This contrasts with torts of negligence, which results from lack of concern or responsibility on behalf of the offender.These damages are dealt with through civil litigation.

Defenses to Intentional Interference with Persons

When a plaintiff accuses a defendant of an intentional tort, it is the defendant's responsibility to identify any justifications for his actions that may excuse him from liability. In tort law, there are several privileges that a defendant may apprehend, in order to avoid liability. It is up to the courts to determine whether the defendant's privilege excuses him from liability. They need to conclude on whether the defendant had consent, permission by the plaintiff, or whether the plaintiff was defending himself, his property, or another person. If the defendant is able to establish privilege, then it is said that he has not committed a tortious act and will not be held liable.

Negligence: Standard of Conduct

There are certain elements that are required to prove that a defendant acted negligently. There is a specific code of conduct which all people are expected to follow and there is a duty of the public to act in a certain way, which reduces the risk of harm to others. Negligence can only be claimed by an injured plaintiff, whose interests have actually been interfered with. This portrays that a plaintiff must prove his injuries, and prove that they were caused by the defendant. This proximate cause is the link between the defendant's actions and the plaintiff's injuries. There is a statute of limitations in negligence cases, however, there are several rules, such as discovery and continuing negligence, which may excuse a plaintiff from the statute of limitations.

Negligence Proof

The necessity for a negligence case to be tried in a court of law is essential and evident. Tort law, like any other law, is tough to decide upon when an enforcement or violation issue arises, and is furthermore tedious. In negligence cases, a court appoints a jury to make a decision upon a case based on the direct or circumstantial evidence that is available to them. The burden of proof a plaintiff faces in a case, relates to four elements of proof that must exist in order for them to be able to prove that a negligent act not only existed, but the fact that the act by a defendant, led to the injury sustained by the plaintiff. 

Proximate Cause

The name given to the direct cause of an accident, or incident leading to injury, is referred to as 'proximate'. The term proximate has long been known to mean near, or in the vicinity of, not actual. This gives a misconception to the name, as if the cause was nearly opposed to the actual one. Other issues arise deeper within proximate cause, and that is with the scope of liability and its extent. Controversy exists as to where liability should be extended to a defendant, based on their responsibility or duty.

Joint Tortfeasors

Joint tortfeasors, seen as equally liable for the committing of a tort, usually can be combined under one indictment. This is known as a "joinder of defendants". In a case similar to this, one significant reasoning behind its institution besides the commonality that the defendants share in their joint action, is that of "judicial economy." In reference to this term, the court is making the decision that placing all defendants under one sole indictment will be the most appropriate option in terms of efficiency and, ultimately, cost-effectiveness for the judicial system itself. Due to the mounting quantities of cases arising daily, this practice is employed as a worthwhile alternative, especially when an occasion such as that of joint tortfeasors comes about.

Limited Duty

In legal terms, duty is seen as an individuals obligation to act in a manner conducive to the well being of everyone around them, such as the prevention of any "foreseeable injury to a victim." Such a term that best represents this obligation is that of a "duty of care", or even "good Samaritan" to an extent. Duty, itself, serves two other important functions for societal concerns attached to tort law. These include a "general principle" and a "limitation." A general principle provides a precedence for future cases, while limitation sets forth the "boundaries" for which liability may exist for individuals involved in an incident. Actual application of this term comes in the form of its existence at the "abstract level" and "in fact or problem".

Owners & Occupiers

The concerns for areas outside of the premises of a given property deal with the condition of such a property. This is in direct regards to certain factors and attributes such as structural or fixtures on the property that could have an effect on the immediate areas surrounding it. The term trespassing adults refers to any person who has been found to be entering, occupying, or traveling through a property that is owned by someone else, without their permission or consent. Licensees are persons that are given a license, as a form of permission, to enter a property lawfully. Such persons are to enter the property for a reason that does not have to be in the best interest or benefit of the owner. By being granted the license to enter and occupy such property, this individual is exempt from trespassing status, and is completely abiding by the law.

Negligence- Defenses

Contributory negligence is one of the most commonly used negligence defenses. The defendant attempts to deny the plaintiff the right to action, by claiming that the plaintiff's own negligence played a large role in his injuries. In contributory negligence, both parties are guilty of negligence, but the plaintiff is not awarded any damages. The last clear chance rule is an exception to the contributory negligence defense which permits the plaintiff more freedom in taking action against a defendant when the plaintiff is also guilty of negligence. The last clear chance refers to an instance where the defendant had the last clear chance to avoid injuring the plaintiff, but did not take the opportunity. In cases where both the plaintiff and the defendant are both guilty of some degree of negligence, contributory negligence places liability solely on the plaintiff.

Imputed Negligence

Vicarious liability represents a venue in which individuals may be "vicariously" held accountable for the actions of individuals other than themselves. In these cases, the ones held liable are those who have some type of legal claim to the actual individuals at fault. Two such persons may be parents to mischievous children or employers to careless employees, as well as a guardian. In each circumstance, the liable individuals are taking the place of others. A joint enterprise is described as an action, which involves two or more individuals, usually with monetary considerations involved. Additional elements which comprise it include a common goal as well as concurrent rights to take the lead of the operation.

Strict Liability

The basic structure that encompasses that of strict liability is the fact that liability is maintained despite any intent otherwise. In this way, it matters only that the action was performed to its fruition and an eventual injury of another. Certain areas in which safety laws have had to come to the forefront concerning liability include incidents involving product defects. In cases such as these, consumers must only prove that their injuries stemmed directly from the product in question in order to garner an appropriate judgment from the court. The purpose behind such a seemingly rigid form of legislature is to prevent future occurrences from happening by providing precedence to fall in line with.

Compensation Systems

In tort cases, victims often receive compensation, including monetary judgments. However, some judgments include other factors such as: the accused, publicly admitting guilt. In most jurisdictions, the courts have placed limits, or judgment ranges, which depend on specific factors found in the case. In most cases, victims that sustain injuries receive a judgment which maxes out, regardless of how painful and permanent the injury may be. However, the courts can award other judgments, in addition to the one made for specific bodily injury.

Nuisance

In modern tort law there are different types of nuisances: public, private, and absolute. A private nuisance effects one individuals enjoyment of his land, while a public nuisance effects a larger amount of citizens, or the public in general. Absolute nuisances are nuisances for which the defendant is strictly liable. The simple form of nuisance is described as an act which takes away from rights to the use, and enjoyment of land that every owner has.

Products Liability

Products Liability is a field of tort law which concerns the responsibility of the manufacturer or vendor of a product to ensure that products are safe and do not cause injury. Products subjected to liability include all consumer goods, medical devices, commercial/personal vehicles, aircraft and consumable goods such as food and prescription drugs. As it is the duty of a product vendor or manufacturer to produce/supply a product which will not cause harm during normal use, manufacturer/vendors of unsafe products are subject to recovery for damages.

Misrepresentation & Nondisclosure

Misrepresentation and nondisclosure form two fundamental bases for many actions represented under tort law. Any case where false or hidden information plays a significant part, essentially implies a standard of care that reflects the negligence addressed by tort.  

To phrase it more simply, the fact that information has been withheld or misrepresented directly implies a negligent situation. This means that among the various subsections of tort law, cases of misrepresentation and nondisclosure can prove to be the easiest to form a legal consensus of opinion on whether negligence has happened, due to the very idea that the act itself is a negligent action. 

Misrepresentation and nondisclosure can take many forms, but generally they refer to an act or service. they are usually rendered for compensation that do not fulfill their terms of promise, either because they misrepresent their ability to perform, or fail to disclose elements that prevent adequate performance (like a unknown side effect for a product, or a conflict of interest in a case of service).  

There are many remedies one may seek when a case of misrepresentation can be seen to have occurred, though the extent to which they fall under tort law or other forms of legal action are highly dependent on the specific legal system, as well as the nature of the misrepresentation.  In nearly all cases, there is an obligation on the provider of a product or service to provide information either by law, or by request, so as to adhere to all legal standards of accurate representation.

Defamation

The term defamation refers to an abusive attack on a person's character or to make false claims against someone in order to damage their good name. There are two forms of defamation that can be used: libel and slander. An unreasonable person may abuse the right of privilege in order to commit defamation against another person. The right of privilege (or "qualified privilege")  being that a person has a right to make statements during the trial process. This privilege often protects against an unreasonable person who wishes to make defamation statements.     

Misuse of Legal Procedure

Misuse of Legal Procedure is a series of torts that involve the corrupt or undue filing of litigation for unlawful reasons. Public right of access to courts is granted on good faith that claimants will act with probable cause and honesty. Conversely, when a plaintiff in a lawsuit is found to have initiated legal action for purposes of deliberate harassment or inconvenience of the defendant, or when the court terminates the suit in favor of the defense, the defense may seek damage compensation for losses incurred in the legal process. These losses may be qualified under charges of Malicious Prosecution, Wrongful Civil Proceedings or Abuse of Process. 

Domestic Relations 

Domestic Relations is an evolving area of Tort Law which deals with a family's inner workings. The evolution of Domestic Relations Tort has not only shaped the way that family's may collect for damages or interference to the family unit itself resulting from tortious conduct; it has shaped the way husbands, wives, children and legal guardians are viewed as legal entities. Originally, under common law, children and wives were treated as chattels and functioned under a man's proprietary rights. In the 1900's, several advances in Family Law provided for the legal rights of women and children to act as distinct legal entities from their husbands/fathers. 

Survival & Wrongful Death

Survival and Wrongful Death are tort claims made after the death of an individual in an at-fault situation. This means that the deceased must be victim of a tort, before death or at the time of death. Survival actions are raised by the executives of the victim's estate, and are continuations of tort actions that the victim would have been entitled to raise in life. Wrongful death claims are made by surviving dependent's for the loss of the decedent's contributions to their lives.

Economic Relations

Torts of Economic Relations are allegations of direct interference with business relationships, agreements, or prospects, which result in quantifiable losses. When suing for Torts of Economic Relations, it is important that the plaintiff be able to prove that the defendant acted intentionally with knowledge of his or her own actions, and that the subsequent actions were injurious to the claimant in the form of economic losses. Torts of Economic Relations normally fall under classifications of Interference with Contractual Relations, Interference with Prospective Advantage or claims of Injurious Falsehood.

Immunities

In tort cases, there are certain intervening factors which allow individuals immunity, from their actions. Immunity implies either, that the person could not understand the risks associated with their actions or that they can not be held liable because they were acting on behalf of the government or other entity. Cases in which individuals are not likely to understand the possible outcomes of their actions, include infant immunity or insanity immunity. 

Infant immunity applies to minors that are too young to grasp the consequences of their actions. In addition, the minor must not have no intent to cause harm to person or property. It can not be claimed that the minor did not understand the consequences of their actions, if they intended the negative consequences that resulted from their actions. Intent can not be present without an understanding of possible outcomes. In cases that involve infant immunity, the parents or guardians of the minor, could be held liable for their actions, regardless of the minors understanding of the possible outcomes of those actions.

Insanity immunity can be utilized as a defense in cases where a person is deemed insane, or mentally incapable of understanding the possible outcomes of an action. In cases where insanity immunity is a factor, the caregiver of the person that acted in manner which caused a negative outcome, could be held liable in the same manner that a parent or guardian could be liable for a minor. In either case, the actor and those responsible for the care of the actor, could both be held liable for the action.

LLB PART II On what ground tenant can be ejected.

On what ground tenant can be ejected.

1. Introduction:

 2. Relevant provisions:
Sections 39, 40, 41, 42, 47 Punjab tenancy act.
3. Meaning of ejectment.

 4. Definition of tenant:

(i) A mortgagee of rights of a landowner or.

(ii) A person to whom a holding recoverable as such an arrear or.
(iii) A person whom takes from government a lessee.            (i) Meaning of tenancy: 5. Grounds for ejectment of tenant: I. Grounds for ejectment of occupancy tenant:           (a) that he has used the land comprised.

 (b)Where rent is payable in kind.

(c) When a decree for an arrear of rent.

II. Ground of ejectment of tenant for a fixed term:

 (a) That he has used the land comprised.

(b) When rent is payable in kind that he has without sufficient cause failed to cultivate that land.

(c) On any ground which would justify ejectment under the contract decree or order.

III. Grounds for ejectment of tenant form year to year: at the end of any agricultural year.

6. Limitation of ejectment:

(i) A tenant shall not ejected otherwise than in execution of a decree for ejectment except in the following cases namely:
(a) When a decree for an arrear.

(b) When the tenant has not a right of occupancy .

(ii) A decree or order for ejectment of tenant shall not be executed only during particular season of the year which in between 1th May and 15th of June under the order is made u/s 44.
7. Rights of ejected tenants. Reasonable tome for harvest. Ejected tenant has also right in land for crowing.

8. Conclusion

Law of Torts and Easement Supplementary Examination 2012,2014

Law of Torts and Easement Supplementary  Examination 2012,2014

                                         PART I

Q.1. What is Tort? Explain how it differs from crime?

Q.2. Discuss in detail the Principle of ‘Vicarious Liability’?

Q.3. Who cannot be sued?

Q.4. Discuss the remedies in Torts?

Q.5. What is “Trespass to Land”? What remedies are available against it?

Q.6. Explain ‘Malicious Prosecution’ in detail.

Q.7. What do you understand by damages? What are different kinds of damages?

Q.8.Define ‘Negligence’ and discuss its essentials?

                                                PART II

Q.9. What is meant by Easement? How it can be extinguished?

Q.10. Define and explain easement by Prescription?

Law of Torts and Easement Annual Examination 2012, 2014

Law of Torts and Easement Annual Examination 2012, 2014

Q.1. What do you understand by law of tort? What are the essentials of Tort?

Q.2. What is the ‘Tort of Defamation’ nuisance?

Q.3. What is difference between ‘Public’ and Private’ nuisance?

Q.4. Write a detailed note on Law of Negligence?

Q.5. Explain ‘False Imprisonment’ in detail.

Q.6. Discuss ‘Duty of Care’ in context of the topic of Negligence?

Q.7. Write various kinds of damages in Torts.

Q.8. Write short notes on

(i)                Injuria Sine Damnum

(ii)             Res ipsa Ioqvitor

                                      PART II

Q.9. Define Easement. What are the kinds of Easement?

Q.10. How Easement can be acquired? Explain its modes.

Islamic jurisprudence (Examination Supplementary 2012,2014)

Islamic jurisprudence (Examination Supplementary 2012,2014)

Q.1. Quran is the fundamental and primary source of Islamic law, elucidate?

Q.2. Sunnah plays a unique dual role of explaining brief injunction of Quran Majeed and farming new laws. Discuss?

Q.3. Define and explain ijtehad. What are the qualifications of a Mujtahid?

Q.4. Muslim Jurists of early ages had a remarkable role in codification of Islamic Law, Explain?

Q.5. Define contract explaining the ingredients of a valid contract under Islamic Civil System?

Q.6. “Current parliamentary system is in total conformity with Islamic Shura System”, do you agree or disagree with the proposition ?

Please argue your point of view as a good pleader.

Q.7. What are the qualifications of  a competent witness under Islamic Law in different cases?

Q.8. What crime are regarded as Hudood crime under Islamic  Law?

Q.9. What acts are permissible during Jehad (War) and not, explain briefly how the prisoners of war are dealt under Islamic code of conduct in the background of Abu Gharaeb Jail and Guuantanamo Bay Prisons?

Q.10. Write note on the following:

  

(i)                Public and private rights (Huqooqul Allah and Huqooqul Ibad)

(ii)              Zakat

Islamic jurisprudence (Examination Annual 2012) 2014

Islamic jurisprudence (Examination Annual 2012,2014)

Q.1. Quran lays down the fundamental principles for Islamic legislation, Explain ?

Q.2. Sunnah plays a significant role in Islamic legislation, discuss ?

Q.3. Intake of raw onion and garlic is prohibited before entering into mosque due their repulsive smell for rest of the people, although both vegetables are Halal for human consumption ?

Cigarette was not used/invented during Holy Prophet’s (PBUH) time. Can we apply the same analogy on cigarette, too, for the common cause? Explain the proposition in the light of ijtehad ?

Q.4. Muslim Jurists rendered tremendous services in codification of Islamic Fiqh, discuss?

Q.5. Discuss the concept of “Ownership” in Islam, explaining the modes of acquiring and losing the ownership?

Q.6. Define and distinguish between Hadd and Tazir crimes. Explain briefly the Hudood crimes?

Q.7. Explain briefly the sources of revenue of an Islamic state?

Q. 8. Explain the status of woman as a competent witness under Islamic Law of Evidence?

Q.9. Define and discuss the concept and theory of Jehad (Holly War) in the light of Islamic International?

Q.10. Write notes on the following:

        

(i)                Darul Islam & Darul Harb

(ii)             Imam Abu Hanifa

         

IMPORTANT QUESTIONS PART I PAPER 1 ISLAMIC JURISPRUDENCE

IMPORTANT QUESTIONS

PART I

PAPER 1 ISLAMIC JURISPRUDENCE

0. SOURCES OF LAW

Q. What are sources of Islamic law discuss in detail? (2008-A)

1. QURAN

Q. Discuss Quran as a source of law. Also explain the theory of abrogation. (2007-S)

Q. Describe the importance of Quran as primary source of Islamic Law in the Islamic legislation. (2006-A 2002-A)

Q. Discuss the theory of abrogation in Quran in detail. (2006-A 2003-A 2002-S)

2. SUNNAH

Q. Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2009-A 2007-A 2005-S 2004-A 2003-A) Narrate difference between Sunnah and Hadith.

Q. Discuss Sunnah as a source of Law. (2008-S)

Q. Quran and Sunnah can’t be detached from each other. Support your answer with reason. (2009-S 2002-S)

3. IJMA & QIYAS

Q. Define and discuss Ijma as source of Islamic Law. (2009-A)

Q. Define Ijma. What are its kinds & how conducted? (2005-A 2002-A)

Q. Define & distinguish between Ijma & Qiyas as a source of Islamic law. (2002-S)

4. IJTEHAD & TAQLEED

Q. Define Taqleed & Ijtehad. How they both can be distinguished? (2008-S 2005-A 2004-S)

Q. Narrate the qualifications of Mujtahid in Islamic Law.

Q. What is ijtihad ,how it is cinducted and Narrate the qualifications of Mujtahid in Islamic Law.? (2008-A)

5. OWNERSHIP

Q. What are the modes of acquiring ownership & losing it in Islam? (2009-A 2008-A 2007-S 2006-A 2005-A 2004-A 2003-A)

6. CONTRACT

Q. What are the ingredients of a valid contract under Islamic law? (2008-S 2007-A 2006-A 2005-A 2004-A 2003-S 2002-S 2002-A)

7. CUSTOM

Q. Define custom. What are the essential ingredients of a valid custom under Islamic Law? (2005-S 2002-S)

Q. Define custom as a source of law in Islam. What is the status of pre-Islamic customs? (2004-S)

8. JEHAD

Q. Define and discuss the scope of Jehad in Islam under International Law? (2009-A)

Q. Jehad why it’s waged and what acts are permissible and prohibited during Jehad? (2007-A 2005-S 2004-A, S 2003-S 2002-S)

9. SOVEREIGNTY

Q. Explain the concept of sovereignty in Islam. To what extent it is different from the concept of modern democracy? (2008-A 2006-A)

Q. What are the qualifications for head of an Islamic State? (2004-S)

Q. Explain the concept of sovereignty in Islam. What are the qualifications for the head of an Islamic State? (2007-S 2004-S)

10. STATE

Q. Discuss the concept of state in Islam. (2008-S 2007-S 2005-S)

Q. Some jurists divide the world into two arts. Dar-ul-Islam & Dar-ul-Harb. What are the consequences of such division? (2004-S)

11. SOURCES OF REVENUE

Q. What are the traditional sources of revenue of an Islamic State? (2007-A 2006-A 2005-A 2004-S, A 2003-S 2002-A) Can some other sources of revenue be levied? (2002-S)

Q. What are different sources of revenue of Islamic state (2007-S) discuss the present tax system in light of Islamic injunctions? (2008-A)

12. PUNISHMENT IN ISLAMIC LAW

Q. Define Hadd & Tazir. What is the distinction between these two? (2009-A 2008-S A 2006-A 2005-A 2004-A 2003-S)

Q. Discuss Qisas & Diyat. What is the distinction between two? (2007-A 2006-A) Do u agree to proposal of conversion of death penalty into life imprisonment in murder case? (2008-A)

Q. Define Hadd and Tazeer. What are the offences termed as Hadood cases in Islam? (2008-S)

Q. What is the object of punishment in Islam? Conversion of death sentence into life imprisonment may serve the purpose. Do you agree? (2008-S)

Q. What is the object of punishment in Islam? What are the different kinds of punishment in Islamic Law? (2007-A 2006-A 2005-S)

Q. Describe briefly the salient features of Islamic Criminal law. (2003-S 2002-A)

Q. Define & discuss all the seven crimes of Hadood in detail. (2002-S)

13. JUDICIAL SYSTEM

Q. What is the judicial system of an Islamic state? (2005-S) Discuss the qualifications for a Qazi in Islamic law. (2008- S, A 2006-A 2004-S 2003-S)

14. LAW OF EVIDENCE

Q. What are the qualifications of a competent witness for testifying? Discuss the status of woman as a witness. (2007-S A)

Q. What are the qualifications of a competent witness for testifying? (2009-A 2008-A 2004-A)

Q. Discuss the status of woman as a witness in Islamic law. (2005-S 2004-S 2003-A 2002-S, A)

15. SHURAA

Q. Islam propounds the doctrine of ‘Shura’ which differs from prevalent Democracy, do you agree? (2009-A)

Q. “The legislature in the present system plays the role of Shura as provided in Islam”. Comment (2008-S)

Q. Discuss the characteristics, importance & role of Shuraa in an Islamic State in the light of Quranic verse. (2007-S 2005-S, A 2003-S, A)

Q. Discuss the constitutional structure of an Islamic Law. (2004-A)

Q. Discuss role of Shura in Islamic state can present legislation be termed as Shura? (2008-A)

16. RIGHTS

Q. What is meant by public & private rights? Which one is more important & why? (2009-A 2008-S 2007-A 2006-A 2003-S)

17. LEGAL DISABILITY

Q. What is legal disability? How it becomes defective and what are the consequences of its defect? (2007-A)

18. NOTES

i) Imam Shafi Theory of Abrogation Daman (2007-A)

ii) Istidlal Arsh Istehsan (2007-S)

iii) Istehsan Arsh (2008-S)

iv) Qiyas Zakat (2009-A)

18. IMAMS

Q. Discuss the role of Imam Abu Hanifa (RA) towards the compilation of Fiqh. (2008-S)

19. SCHOOL OF THOUGHTS

Q. Discuss the role of different Muslim School of thought in codification and compilation of Islamic Law. (2009-A)

PAPER 2. ENGLISH JURISPRUDENCE

1. NATURE & SCOPE OF JURISPRUDENCE

Q.   Define Jurisprudence. Explain the various kinds of Jurisprudence. (2009-A 2007-S 2005-S 2004-A,S 2003-A 2002-S 2001-S) Discuss scope of analytical jurisprudence? (2008-A)

Q.   Define Jurisprudence. Discuss the scope of analytical, historical & ethical jurisprudence? (2002-A 2001-S 2000-S)

2. LAW OF PROCEDURE

Q.   Discuss various rules of production and valuation of evidence. (2008-S)

Q. Define Evidence. What are the various kinds of evidence? (2007-S 2006-A 2005-S 2005-A 2004-S 2000-S)

Q.   Explain the difference between substantive and procedural law? (2006-A 2004-A 2002-A 2001-S)

3. ADMINISTRATION OF JUSTICE

Q.   What is the administration of Justice? Briefly trace its origin. (2009-A 2007-S A 2005-A 2004-S 2002 S)

Q.   Explain the secondary functions of the law court. (2008-S 2007-S)

Q. Discuss the primary and secondary functions of the Courts of law. (2007-A 2006-A 2005-A 2004-A 2002-A 2001-S 2000-S)

Q.   Discuss the various theories of punishment. (2007-A 2006-A 2005-S 2004-S 2003-A)

4. NATURE OF LAW

Q.   Define Law. Explain the classification of Civil Law. (2007-A)

Q.   Is law territorial in nature? Discuss through examples. (2009-A 2008-S 2007-S 2006-A 2005-S 2005-A 2003-A 2002-A)

Q.   Define law. What are the advantages & disadvantages of fixed rules of law? (2005-A 2004-S 2001-S 2000-S) (2008-A)

Q. Discuss imperative theory of law, also discuss criticism against it? (2008-A)

Q.   Imperative theory of law by Austin “Law is the command of sovereign”. Discuss (2007-S 2005-A 2004-S 2002-S 2002-A 2001-S)

Q. Explain the imperative theory of law; also discuss the objections raised against Austinian Theory. (2009-A)

Q.   Explain the terms Q of law, Q of fact and mixed Q of law & fact. (2007-A 2004-S 2003-A 2002-S)

5. LEGAL RIGHT

Q. Explain with examples the following types of legal rights: (a) Rights in re-propria/rights in re-aliena

b) Principal and accessory rights (c) Vested and Contingent Rights (2009-A)

Q.   Define legal right. Narrate the essentials of a legal right. (2008-A 2005-S 2005-A 2004-A 2003-A)

Q.   What are the various kinds of legal Rights? (2007-S 2002-S)

Q.   Define legal right, explain the following: (2006-A 2004-S 2002-A 2001-A)

i)      PosItive & Negative Rights (ii)     Vested & Contingent Rights 2008-S

iii)    Real & Personal Rights (iv)    Right in Rem & Right in Personam

v)     Principal & Accessory Rights 2008-S (vi) Rights in re-propria/rights in re-aliena 2008-S

6. CUSTOM

Q. Define Custom. What are the various kinds of Custom? (2007-A 2005-S 2003-A 2002-S)

Q. What are the pre-requisites of a valid custom? (2007-S 2004-S 2001-A 2000-S)

7. LEGISLATION

Q. Discuss various principles of interpretation of enacted law. (2009-A 2008-A 2007-A)

Q. Define Legislation. Explain various kinds of legislation. (2005-S)

Q. Compare legislation with Precedent. Explain which one, as a source of law, is superior to other. (2008-S)

Q. Discuss how legislation is superior to precedent? (2005-A 2002-S)

Q. Enumerate briefly advantages & disadvantages of legislation as law. (2000-A)

8. PRECEDNET

Q. Define Precedent. Explain the classification of precedent. (2004-A)

Q. Notes: a) Ratio Decidendi b) Stare Decisis c) Obiter Dicta (2009-A 2007-S 2005-A 2003-A)

Q. Discuss those circumstances which increase the authority of a precedent and those that decrease the weight of precedent. (2008-S)

Q. What are the circumstances, which destroy or weaken the binding force of precedent?

9. AGREEMENT

Q. Explain the kinds of agreement. What are the causes of invalidity of agreement? (2007-A)

Q. What are the various kinds of agreements? (2003-A) What are the essentials of a valid legal agreement? (2000-S)

Q. Define Agreement. Discuss the causes of invalidity of agreements. (2004-A)

10. PROPERTY

Q. Define property. What are various kinds of property? (2003-A 2002-A 2000-A)

Q. What are the various modes of acquisition of property? 2007-A 2006-A 2005-A 2004-A 2002-S) (2008-A)

11. PERSON

Q. Define person. Describe various types of legal person. (2008-A 2006-A)

Q. Define Person. Distinguish between corporation & firm. (2009-A 2005-A 2004-A 2002-A 2001-S) What are the objects & uses of incorporation? (2003-A) Discuss the liabilities of a corporation. (2008-S)

12. POSSESSION

Q. Define Possession. Discuss various modes of acquisition of possession. (2009-A 2007-S 2008-S 2005-S 2004-S)

Q. Possession is the 9/10^th of ownership. (2004-A 2002-S 2001-A)

Q. Define Possession. What are various kinds of possession? (2002-A)

13. OWNERSHIP

Q. Define Ownership. What are the kinds of ownership? (2006-A 2004-S 2002-S 2001-S)(2008-A)

i)      Vested & Contingent Ownership

ii)     Sole & Co-ownership (2007-A)

iii)   Trust & Beneficial Ownership 

14. LIABILITY

Q. In light of the relevant case law explain the law of Negligence. (2007-S A 2006-A 2005-S 2005-A)

Q. Define & explain the doctrines of strict & absolute liability. (2008-S 2005-S)

Q. Explain the doctrine of vicarious liability. Give illustrations to support your answer. (2009A 2004-A)

15. NOTES

i) Stare Decisis Obiter Dicta (2007-A) (ii) Rights in rem and personam Principal and Accessory Rights (2007-S)

iii) Obiter dicta Ratio Decidendi Fiction (2008-A) (iv) Vicarious Liability Res Nullius (2008-S)

LLB PART I

PAPER 3. CONSTITUTIONAL LAW I

A) BRITISH CONSTITUTION

1. SALIENT FEATURES

Q. Critically analyze the salient features of British Constitution. (2009-A 2007-A 2005-S 2004-S 2003-A 2002-S 2001-A)

2. SOURCES

Q. Describe the sources of British Constitution and highlight the legal sources. (2005-A 2003-A 2002-S, A 2001-S 2000-A)

3. CONVENTIONS

Q. Explain the conventions of British Constitution by giving examples of important conventions. (2007-A 2005-A 2004-A 2002-S, A 2001-S, A 2000-S)

Q. Explain the sanction behind convention’s which enforced them? (2009-A 2008-A)

4. SUPREMACY OF PARLIAMENT

Q. What are limitations on parliamentary sovereignty? Discuss (2008-S)

Q. Discuss the Supremacy of Parliament & explain the factors responsible for it by giving examples. (2007-S 2005-S, A 2004-S 2001-A 2000-S)

5. FUNCTIONS OF PARLIAMENT

Q. Explain in detail the functions of Parliament. (2005-A) What are the judicial functions of Parliament? (2006-A 2004-A 2003-S) Discuss the parliamentary procedure for law making under the British Constitution. (2001-S 2000-

6. COMPOSITION OF PARLIAMENT

Q. Explain the Composition of British Parliament. (2005-S)

Q. What is meant by Responsible Government? (2005-S 2001-S)

Q. Discuss the nature composition & functions of the House of Lords. (2006-A 2000-A)

Q. Discuss the functions of the two houses of Parliament and their relationship with each other. (2002-S)

Q. “House of Commons is more powerful than House of Lords”. Explain (2007-A 2003-S 2002-A)

Q. Discuss judicial functions of House of Lords. (2008-S)

Q. Explain powers & functions of house of common? (2009-A 2008-A)

7. CABINET

Q. State the nature, composition & functions of the Cabinet in England. (2007-S 2005-A 2003-S 2002-A 2001-A)

8. RULE OF LAW

Q. What is ‘rule of Law’? Discuss its significance, whether there are some exceptions to it under British Constitution. (2007-S 2007-A)

Q. Whether the parliamentary sovereignty & rule of law oppose to each other Discuss? (2009-A 2008-A)

Q. Write an essay on ‘The Rule of Law’ as it prevails in England. (2005-S, A 2004-A 2001-A)

9. SEPARATION OF POWERS

Q. What is the theory of “Separation of Power” and to what extent it is embodied in the British Constitution? (2006-10. COURTS

Q. What are different kinds of Courts in England and what type of different laws are followed by the Courts in England? Discuss (2009-A 2007-A)

Q. Discuss ‘Independence of Judiciary’ in England. (2007-S 2003-A 2000-S)

11. MINISTERIAL RESPONSIBILITY

Q. Explain the doctrine of ministerial responsibility under the British Constitution. (2009-A 2006-A 2003-A)

12. ROYAL PREROGATIVES

Q. Up to what extent the phrase, “the King can do no wrong” holds good today? Explain. (2004-A)

Q. ‘The King can do no wrong’ is taken differently now than in the past. Explain. (2003-A 2002-S 2000-A)

Q. ‘The Crown is an institution which never dies”. Discuss the maxim & enumerate the powers, duties & position of the Crown. (2006-A 2001-A 2000-S)

Q. What do you understand by the Royal Prerogatives? How the prerogatives are exercised? (2005-S 2004-S 2003-S 2001-S)

Q. What are different privileges available to Crown? Explain. (2007-S)

Q. What do you mean by Crown’s Prerogatives? Discuss its different classifications. (2008-S)

Q. What are political prerogatives of crown under British constitution? (2008-A)

13. FLEXIBLE

Q. Highlight the salient features of a flexible Constitution comparing it with the rigid one. (2003-S 2000-A)

Q. The British Constitution is flexible & terribly adaptable. Explain.

14. WRITTEN & UNWRITTEN

Q. What is the difference between written & unwritten Constitution. Explain with examples. (2000-S)

15. MISCELLANEOUS

Q. Explain in detail the legal concepts of Constitution & Constitutional Law. (2004-S)

Q. Write an essay on “The British Constitution is the mother of all English Speaking Constitution.” (2004-S)

Q. The English Constitution is the part of common law discuss. (2000-A)

16. NOTES

i) Bill of Rights (2007-S 2003-S,A 2002-S) (ii) Magna Carta (2007-S 2006-A 2003-S)

iii) Lord Chancellor (2007-S 2004-A 2003-A 2002-A 2001-S) (iv) Privy Council (2006-A 2004-A)

v) Conventions of the Constitution (2004-S) (vi) Cabinet System (2004-S 2002-A)

vii) Petition of Rights (2003-S, A) (viii) Act of Settlement (2002-S) (ix) Habeas Corpus (2001-S)

17. COMMITTEE SYSTEM

Q. Discuss different kinds of Committees in the House of Common. (2008-S)

18. NATURE OF GOVT. SYSTEM

Q. Distinguish between federal & unitary system? (2008-A)

19. PRIME MINISTER

Q. Discuss the position of prime minister under British System. (2008-S)

20. FUNDAMENTAL RIGHTS

Q. “The Constitution of England is unwritten and hence there are no fundamental right in the sense that we have in some of written constitution.” Comment on this statement with reference to fundamental rights in England. (2008-S)

B) AMERICAN CONSTITUTION

1. SALIENT FEATURES

Q. Explain the salient features of US constitution. (2009-A 2007-S 2005-S 2004-A 2002-A 2001-S 200-S 2000-A)

Q. Discuss in detail the characteristics of the US Constitution. (2003-S)

2. RIGIDITY

Q. US Constitution is Rigid. Explain (2005-S 2003-A 2000-A) (2008-A)

3. CONSTITUTIONAL HISTORY

Q. How the American Constitution has been developed during the last two centuries? (2007-A, S)

Q. Give a brief account of the constitutional history of USA. (2008-S 2006-S 2005-A 2001-A)

4. BILL OF RIGHTS

Q. Fundamental Rights are guaranteed under US Constitution. Discuss. (2007-A)

Q. Explain the Bill of Rights in the constitution of USA. (2006-A 2004-A 2003-S 2001-A 2000-S) What four freedoms are the most crucial in the US Constitution? (2009-A 2004-S 2002-A)

5. DUE PROCESS OF LAW

Q. What do you mean by “due process of law”? How this principle plays an effective role in the enforcement of rights guaranteed by US constitution. (2006-A 2001-S 2000-A) “…. No state shall make or enforce any law what shall abridge on privileges or immunities of citizens of the US: nor shall any state deprive any person of life, liberty or property without due process of law: nor any person within its jurisdiction the equal protection of the laws”. Elaborate. (2004-A)

6. SEPARATION OF POWER

Q. Explain the doctrine of Separation of Power under US constitution. (2008-S 2005-A 2004-S 2003-A 2002-A 2001-S) Is there separation of power between the states & the Federal Government in the USA? (2000-S)

7. CHECKS & BALANCES

Q. Discuss the system of Checks & Balances provided in the US constitution. (2007-A 2004-A 2003-S 2002-S 2001-A)

8. CONGRESS

Q. Discuss the corporation and functions of American Congress. (2007-A)

Q. What are the Powers & Role of the Congress? Explain. (2008-A 2005-S, A 2001-A)

Q. US senate is unique in many respects. It is the most powerful chamber on earth. Explain.( 2007-S) Discuss its composition, powers and role. (2006-A 2004-S 2002-S, A 2001-S 2000-S)

Q. What is the composition and functions of the House of Representative under the US Constitution? (2009-A 2006-A)

Q. Explain function & formation of senate in America? (2008-A)

9. PRESIDENT

Q. Explain the role of president in US Constitution. (2009-A)

Q. How American President is elected? Discuss his powers. (2007-A)

Q. How the President & vice President of USA is elected. (2007-S 2004-S 2002-S 2001-S) Explain the role of President under US constitution. (2005-S, A 2001-A 2000-S) What are the legislative powers of US President? (2000-A)

Q. Discuss in detail the Emergency powers of the US President. (2008-S 2006-A 2004-A 2003-A 2002-S)

Q. Explain the procedure of election of Vice President of USA and discuss his features. (2007-S)

10. PROCEDURE OF LAW MAING

Q. Discuss the procedure of legislation under the US constitution. (2007-S 2006-S 2002-A)

11. PRESIDENTIAL FORM OF GOVERNMENT

Q. Discuss the presidential system of government in the US. (2003-A)

12. SUPREME COURT

Q. The US Supreme Court has been instrumental in keeping the constitution up to date. (2008-S 2001-S) Explain the role of US Supreme Court in protecting civil liberties in the US. (2006-S 2004-S 2003-S, A 2002-S)

13. JUDICIAL REVIEW

Q. Explain the doctrine of Judicial Review with reference to Mar bury vs. Madison in detail. (2007-S 2005-S, A 2004-A 2003-A,S 2001-A)

Q. Explain doctrine judicial review in U.S.A? (2009-A 2008-A)

Q. Discuss effects if the case Mar bury vs. Madison in American Constitution? (2009-A 2008-A)

14. FEDERALISM

Q. What is concept of federation under US Constitution? Discuss (2008-S)

Q. US constitution provides for Federal System. (2005-A 2002-S)

15. IMPEACHEMNENT

Q. Discuss the procedure of impeachment under the US Constitution. (2003-S 2000-A)

16. AMENDMENT PROCEDURE

Q. Discuss the procedure of amendment in the US Constitution. (2004-S)

8. NOTES

i) Bill of Rights ii) Powers & Functions of US Senate (2007-A) (iii) Political Parties in USA iv) Judicial Review (2008-S) 

PAPER 4. LAW OF CONTRACT

A) CONTRACT ACT

1. PROPOSAL

Q. Define Proposal. How is it revoked? (2007-S) Q. Define proposal. How does it become a promise enforceable as a contract? (2002-S) Q. Define Proposal and Acceptance. What are the rules relating to their communication? (2009-A) Q. Define proposal, discuss its essential elements? (2008-A) Q. When the communication of a proposal, acceptance & revocation does become complete? (2002-A 2001-S) Q. What is offer? When it is valid? Discuss the rules relating with communication of an offer. (2005-A) Q. What do you mean by revocation of proposal & acceptance? How revocation is made & what is its effect on validity of contract. (2006-A)

2. AGREEMENT

Q. What is the difference between voidable and void agreements? Give your answer stating examples. (2007-A)

Q. Define the term ‘Agreement’ & distinguish between Agreement & Contract. Q. What are the essentials of a valid contract? Discuss them briefly. (2007-A 2003-A) Q. What are the agreements which have been expressly been declared void? (2007-S)

Q. An agreement enforceable by law is called contract. Discuss it with reference to the rules relating to validity of a contract. (2008-S) Q. Define term void & voidable agreement; explain the circumstances under which a contract becomes void & voidable? (2008-A)

3. FREE CONSENT

Q. Define and distinguish between coercion and undue influence. (2008-S) Q. Explain mistake of fact and mistake of law. Do they have the same legal effect on a Contract? (2007-S) Q. What is the difference between fraud and misrepresentation? Explain giving examples. (2007-A)

Q. Discuss ‘Free Consent’ & discuss the legal effects flowing from agreements made without free consent. (2005-A 2004-A) Q. What do u understand by free consent Discuss the effect of mistake on contract? (2008-A)

Q. Define Fraud. When is the suggestion of a fact not fraud but misrepresentation? Give examples. (2002-S)

Q. Define & explain briefly Coercion, Undue Influence, and Fraud & Misrepresentation. (2002-A)

4. CONSIDERATION

Q. Define the term consideration and discuss its essential elements? (2008-S) Q. What is consideration? When is consideration or object of an agreement unlawful? (2003-A) State the exception to the rule that an agreement made without consideration is void. (2008-A 2007-S 2005-S 2002-S, A 2001-S)

5. CLASSES OF CONTRACT

Q. Define & give examples of the following classes of contract. a) Void b) Void able c) Unenforceable. (2002-A)

6. INDEMNITY & GUARANTEE

Q. What is a contract of guarantee? Distinguish it from contract of indemnity. (2007-A)

Q. Define the Contract of Indemnity & what are the rights of an indemnity holder? Distinguish between a contract of indemnity & a contract of guarantee. (2004-A 2002-S, A)

Q. Define the term contract of Guarantee and discuss the circumstances under which a contract of guarantee is said to be discharged? (2008-S)

Q. What is continuing guarantee? When and how may a continuing guarantee be revoked? How surety can be discharged from his liabilities in a contract of guarantee? (2008-A 2005-S 2003-A)

Q. Enumerate the rights of a surety as against Principal, debtor, creditor & against co-sureties. (2005-S)

7. CONTINGENT CONTRACT

Q. Explain the difference between a wagering agreement and a contingent contract. (2007-S) Q. Define contingent contracts. Explain the rules which govern the enforcement of these contracts. (2007-A 2006-A)

8. DISCHARGE OF CONTRACT

Q. What do you mean by discharge of a contract? Discuss the circumstances under which a contract is said to be discharged. (2008-S) Q. Describe the various modes in which a contract may be discharged? (2004-A 2002-S)

9. QUASI CONTRACT

Q. What are the situations where the law, requires a person to perform an obligation similar to contracted obligation although he has not entered into any contractual relationship. (2007-S 2006-A 2005-A 2004-A 2002-S) Q. Define term quasi contract discuss circumstances under which such contract comes into existence? (2008-A)

10. BREACH OF CONTRACT

Q. State the rules governing determination of damages for breach of contract. (2007-A) Q. What are the remedies for breach of contract? (2009-A 2008-A 2007-S 2003-A)

11. BAILMENT

Q. What are the essential features of bailment? State the duties of the bailee. (2007-S) Q. What is bailment? What are the duties & liabilities of a bailor towards the bailee? (2002-A) Q. Discuss the duties & rights of ‘Bailee’ in the contract of bailment? (2009-A 2008-A 2006-A 2005-S)

12. AGENCY

Q. How agency is constituted & terminated? (2009-A 2007-S A 2005-S 2002-S) Q. What is agency & what are the duties of an agent to his principal & vice versa? (2002-A) Q. What do you understand by an act of ratification? What conditions have to be fulfilled for a valid ratification? (2007-S 2004-A) Q. Explain what is agency. When an agent is responsible for the act done on behalf of his principal? (2005-S 2003-

13. PERFORMANCE OF CONTRACTQ.

What is performance of contract? Discuss rules regarding time & place of performance. (2008-S 2006-A 2005-S,  Q. Discuss the law governing the performance of a contract where there are joint promises. (2007-S)

14. COMPETENCY TO CONTRACT

Q. What is the legal status of a contract entered into by a minor? Is it enforceable by law? If so under what circumstances? (2008-S 2007-S 2003-A 2001-S)Q. Who are competent to contract? (2006-A)

15. OBJECT OF CONTRACT

Q. When the object of a contract is unlawful? (2005-S 2003-A 2002-A)

16. CONTRACT OF PLEDGE

Q. Discuss the circumstances under which a pledge made by non-owner becomes valid. (2008-S) Q. Can a valid pledge be made by mercantile agent? If so, explain fully. (2007-A)

B) SALE OF GOODS ACT

1. FIXATION OF PRICE

Q. What is sale? Discuss its essentials & explain the different modes of fixation of price in a contract of sale. (2005S

2. SALE & AGREEMENT TO SALE

Q. What is the difference between an agreement to sell and a contract of sale? State the necessary ingredients for the formation of a contract of sale. (2008-S 2007-A)Q. What is sale & what is an agreement to sale. Explain the difference between these. (2009-A 2005-A)

3. CONDITION & WARRANTY

Q. What do you mean by condition and warranty in a contract of sale? Explain different conditions and warranties applicable in a contract of sale. (2005-A 2003-A)

Q. Define and state the difference between a condition and a warranty of a contract. When a condition may be treated as a warranty? (2007-S) Q. Define & distinguish between condition & warranty. Explain Implied & express warranties in contract of sale? (2008-S, A)

4. UNPAID SELLER

Q. Define unpaid seller. What are his rights against goods under the Sale of Goods Act? (2009-A 2008-A 2004-A 2002-S)

5. CAVEAT EMPTOR

Q. What do you understand by the rule ‘caveat emptor’? Are there any exceptions to this rule? (2002-A)

6. BREACH OF CONTRACT

Q. State briefly the remedies open to a seller and the buyer of goods for breach of contract by the buyer. (2007-A 2002-A)

7. TRANSFER OF TITLE

Q. How title is transferred in a contract of sale? (2006-A) Q. “A seller can’t convey a better title than he himself has”. Are there any exceptions to this rule? (2005-S)

8. DELIVERY

Q. With reference to performance of contract of sale discuss rule regarding as to delivery. (2007-S 2006-A 2004-A 2003-A)

9. DUTIES & BUYER OF BUYER & SELLER

Q. What are the duties of a buyer & a seller of goods under the sale of Goods Act?

PAPER 5. LAW OF TORTS

A) TORTS

1. ESSENTIALS OF TORT

Q. Define torts & explain its essentials. (2007-S s2005-S)

2. DIF. FROM CRIME & CONTRACT

Q. Define & discuss the term torts in detail. How does it differ from crime & contract? (2008-A 2005-A 2003-A 2002-S, A 2001-S)

3. TRESPASS TO PERSON

Q. What do you understand by Trespass to person? (2007-S 2006-A 2005-A)Q. Discuss assault & battery. How are they different from each other & how similar? (2007-S 2002-S 2002-A 2001-A)

3. A FALSE IMPRISONMENT

Q. Define & discuss trespass to person with special reference to false imprisonment. (2008-S 2003-A 2002-A 2001-A)

4. TRESPASS TO LAND

Q. What is Trespass to land? What remedies are available against it? (2007-A 2006-A 2005-S 2001-S)

5. DISCHARGE OF TORTS

Q. Write a note on discharge of torts. (2009-A 2007- A 2006-A 2001-A)Q. What is difference between the concepts of justification of torts & discharge of torts? (2008-S)

6. DEFAMATION

Q. Define defamation. What defenses are available to the defendant? (2009-A 2008-S 2006-A 2005-A 2002-A 2001-S, A)

6. LIBEL & SLANDER

Q. The general rule is ‘Slander is actionable on proof of special damages’ what are the exceptions to this general rule? (2008-S 2007-A 2003-A 2001-A) Q. Define slander & libel, also distinguish between them? (2008-A)

7. DEFENCES

Q. Give the general defenses which are available in an action for torts. (2006-A 2005-A 2004-A 2003-A 2002-S 2001-S) (2008-A) What do you understand by “Volenti non fit injuria” & give exceptions to this rule. (2005-A 2004-A 2002-S)

8. MALICIOUS PROSECUTION

Q. Explain torts of Malicious Prosecution. (2006-A 2005-S 2004-A 2003-A 2002-A 2001-S)

9. REMEDIES IN TORTS

Q. Write an essay on Judicial Remedies in Tort. (2008-S) Q. Write an essay on Extra-Judicial remedies in tort. (2007-A)Q. Write a detailed note on remedies in torts. (2008-A 2007-S) Write an essay on Extra-Judicial remedies in tort. (2007-S 2004-A 2003-A 2002-A 2001-S, A)

10. DISABILITY TO SUE

Q. Who can’t sue & who can’t be sued & why? (2004-A)(2008-A)

11. LEGAL DAMAGE

Q. Define legal damage & these maxims. i) Ubi jus ibi remedium (2005-S) ii) Injuria sine damnum (2002-S) iii) Damnum sine injuria (2004-A)

12. DAMAGES

Q. What do you understand by damages? What are different kinds of damages? (2008-A 2007-S 2005-S 2004-A)

13. NUISANCE

Q. Write a comprehensive note on Public & Private Nuisance. (2007-A 2005-S 2002-S 2001-S) Q. Discuss the tort of Private Nuisance along with remedies available to the aggrieved party? (2008-S 2003-A 2002-S 2002-A) How Public nuisance is different from private nuisance? (2002-A)

14. VICARIOUS LIABILITY

Q. Write a comprehensive note on Vicarious Liability. Under what circumstances a master is held liable for the torts of his servants? (2009-A 2005-A 2003-A 2002-S 2001-S, A)

15. ABSOLUTE LIABILITY

Q. What is Absolute Liability? Explain with examples. (2008-A 2007- S A 2005-S)Q. Define & discuss tort of strict liability, explain its rationale. (2002-A)

16. NEGLIGENCE                                                                                                                                                               Q. Define Negligence? Explain its essentials. (2009-A 2007-S 2006-A 2005-S 2003-A 2002-A 2001-A) Q. Under what circumstances ‘Contributory Negligence’ is a good defense? (2008-S 2007-S 2005-A 2004-A 2002-S 2001-S) Q. Is tort of negligence different from contributory negligence? (2002-S)                                                                         17. DEATH OF PLAINTIFF & DEFENDANT                                                                                                                     Q. How death of plaintiff or defendant affects the tort action can or cannot the case proceed in such situation answer with illustration? (2008-A)                                                                                                                                                     18. LEADING CASES                                                                                                                                                  Q. State the principle as laid down in the followings cases:(i) Ashby vs. White (2007-A 2004-A)(ii) Donoguhue vs. Stevenson (2002-S) (iii) Gloucester Grammar School case(iv) Rylands vs. Fletcher (2007-S 2006-A 2005-A 2002-19. NOTES                                                                                                                                                                              i) Res ipsa Loquitor ( ii) Trespass ab initio (2009-A) (i) Ubi jus ibi remedium ii) Injuria sine Damnum iii) Damnum sine injuria (2008-S) (i) U bi jus ibi remedium ii) Injuria sine Damnum (2007-S)( i) Damnum Sine Injuria ii) Volunti Non fit Injuria (2007-A)                                                                                                                                                            B) EASEMENT ACT                                                                                                                                                                     1. KINDS OF EASEMENT                                                                                                                                                     Q. Define Easement & various kinds of Easement. (2008-A 2007-S 2005-A 2002-A)                                                           2. ACQUISITION OF EASEMENT                                                                                                                                 Q. Define Easement. How it can be acquired discuss fully? (2005-S 2002-A)                                                                          3. EASEMENT BY GRANT                                                                                                                                                Q. Discuss the detail acquisition of Easement through Grant. (2008-S 2007-S 2002-S 2001-S, A)                                      4. EASEMENT BY CUSTOM                                                                                                                                                       Q. Define & discuss in detail Easement by Custom. (2008-A 2003-A 2001-S)                                                                   5. EASEMENT BY PRESCRIPTION                                                                                                                         Q. Define & discuss Easement by Prescription. (2009-A 2007-A 2006-A 2005-A 2004-A 2003-A 2002-S 2001-A)  6. EXTINCTION OF EASEMENT                                                                                                                            Q. What is an easement? How can it be acquired and how extinguished? (2008-S) Q. What is meant by easement? Easements can be extinguished how? (2009-A 2007-A 2006-A 2005-S 2004-A)

PAPER 6. CRIMINAL LAW

A) PRINCIPLES OF CRIMINOLOGY

1. ESSENTIALS OF CRIME                                                                                                                                         Q. Define Crime and discuss in detail ‘Mens Rea and Actus Reus” as elements of crime. (2008-S 2007-A)              Q. What is crime? What are its essential elements? (2006-A 2004-S 2003-S, A 2002-S, A 2001-A)                                  2. THEORIES OF PUNISHMENT                                                                                                                            Q. Define criminal justice. What are different theories of punishment? (2007-S A 2006-A 2005-A 2004-S 2003-A 2002-S 20021-S) (2008-A)                                                                                                                                                    3. THEORIES OF NEGLIGENCE                                                                                                                                 Q. What is Negligence? What are its different theories? Discuss (2009-A 2008-S 2004-A 2003-S 2002-A 2001-A)    4. STRICT LIABILITY                                                                                                                                               Q. What is importance of “Mens Rea’ in constituting the crime? Also explain strict liability offence. (2007-S)                 Q. Discuss the law relating to ‘Strict Liability’ which excludes “Mens Rea” in criminal cases. (2005-A 2004-A)                5. CRIME & TORT                                                                                                                                                                 Q. What is crime? How it may be distinguished from tort. (2001-S)                                                                                               6. STAGES TO COMMIT CRIME                                                                                                                                      Q. Discuss various approaches towards the commission of crime. (2009-A) Q. Define crime & explain different stages in commission of crime? (2008-A)

B) PPC

Q. Definitions: 1. Insanity (2004-A 2002-A) (2) Wrongful Gain (2006-A 2002-S 2001-A) (3) Wrongful Loss (2003-A 2002-A 2001-S) (4) Public servant (2002-A 2001-S) (5) Injury (2006-A 2003-A 2002-S) (6) Fraudulently (2003-A) (7) Dishonestly (2001-A) (8) Good Faith (2006-A 2004-A 2001-S) (9) Reason to Believe (2004-A 2002-S 2001-A) (10) Fraud (11). Offence (12) Court of Justice Fraudulent Injury (2008-S)                                                                                                                                        1. COMMON INTENTION & OBJECT                                                                                                                                          Q. Define & explain common intention & common object. Is there any difference between the two? Explain fully. (2008-S 2006-A 2005-A 2004-A 2003-S, A 2001-S)                                                                                                          2. SELF DEFENSE                                                                                                                                                             Q. Explain private defense of property and when does it extend to causing death of assailant? (2008-S, A 2007-A) Q. Explain private defense of person and when does it extend to causing death of assailant? (2007-S) Q. What are the restrictions imposed upon the force in self defense under PPC. (2006-A 2005-A 2002-S, A) Q. What is a right of private defense? When it extends to causing death of another? (2008-A 2004-S 2001-S, A) Q. In what cases Consent, Compulsion or Necessity may be a sufficient defense against a charge of crime? (2008-S 2007-S 2006-A 2004-A 2003-S, A 2002-S)                                                                                                                                                   3. UNLAWFUL ASSEMBLY                                                                                                                                     Q. When a member of an Unlawful Assembly commits an offence in prosecution of the common object of the assembly & how does it affect members of the assembly? (2005-A 2004-S) Q. What is Unlawful Assembly? When it becomes Roit? Discuss. (2008-A 2007-S 2002-S 2001-A)                                                                                              4. ABETMENT                                                                                                                                                                    Q. Define abetment and discuss the liability of abettor in different circumstances. (2008-S 2007-A) Q. Define Abetment. What are its different kinds & punishment provided under PPC? (2004-S 2003-S, A 2002-A)                               5. KINDS OF PUNISHMENT                                                                                                                                            Q. What are different kinds of punishment under PPC? (2008-S 2007-A 2004-A 2003-S 2002-A)                                      6. HURT                                                                                                                                                                        Q. Define the term Jurh and discuss its various kinds. Also state the kinds of Ghair Jaifah alongwith Punishment. (2009-A) Q. What are different kinds of hurt provided under PPC? (2008-A 2007-S 2003-A 2002-A 2001-A) Q. Define & distinguish among assault, hurt & grievous hurt. (2003-S 2001-A)                                                               7. QATL                                                                                                                                                                        Q. What are the different kinds of Qatl & their punishments? When is it liable to Qisas? (2005-A 2004-A 2003-S 2002-S) Define & distinguish between Qatl-i-khata & Qatl-i-sabab. (2009-A 2008-S 2007-S 2006-A 2002-A 2001-8. THEFT                                                                                                                                                                      Q. Define and distinguish between theft and extortion. (2007-S) Q. Define & distinguish between Theft & Criminal Breach of Trust. (2006-A 2003-S 2001-A) Q. Define Criminal Breach of Trust & distinguish it from Criminal Misappropriation of property. (2004-A 2003-A 2001-S)                                                                                               9. TRESPASS                                                                                                                                                                Q. Define & discuss ‘house breaking’, ‘house trespass’ & ‘criminal trespass’. (2005-A 2004-A) Q. Define & differentiate between ‘house breaking’, ‘house trespass’ & ‘criminal trespass’? (208-A)                                            10. CRIMINAL CONSPIRACY                                                                                                                                  Q. Define Criminal Conspiracy. What are its different kinds? (2005-A 2004-S 2002-S, A) Distinguish it from Abetment. (2001-S)                                                                                                                                                                11. DEFAMATION                                                                                                                                                      Q. What is defamation? Explain fully the various exceptions to the charge of defamation. (2008-A 2007-S 2005-A 2003-A 2002-A 2001-S, A)                                                                                                                                                 12. KIDNAPPING & ABDUCTION                                                                                                                           Q. Define and distinguish between Kidnapping and Abduction. Also state the punishment prescribed for kidnapping in order to murder. (2009-A) Q. Define & differentiate between Kidnapping & Abduction. (2002-S 2001-S)

13. ROBBERY & DACOITY                                                                                                                                        Q. Write an exhaustive essay on Robbery under PPC. (2009-A) Q. Define and distinguish between extortion and dacoity. (2009-A) Q. Discuss fully the provisions under PPC relating to the offences of Robbery, Dacoity & Extortion explaining the distinction between Robbery & Dacoity. (2008-S 2006-A 2005-A 2004-A 2003-A 2001-A) Q. What is robbery, how theft becomes robbery? (2008-A)                                                                                         14. DIYAT

Q. What is diyat? How is it valued and paid & how is it disbursed? (2009-A 2006-A 2003-S 2002-S)

15. NOTES (1) Wrongful gain Public Servant Fraudulent (2007-S) (2) Dishonestly Good faith Fraudulent (2008-A)

3) Wrongful gain Valuable Security Good Faith (2009-A)

16. WRONGFUL RESTRAINT & CONFINEMENT

Q. Define and distinguish between wrongful restraint and wrongful confinement. Also state the punishment prescribed under PPC. (2009-A)

C) HADOOD LAWS

1. THEFT

Q. Define ‘Theft’ & explain when it’s liable to hadd. What proof is required for it? (2009-A 2008-S 2007-S, A 2006-A 2005-A 2003-S, A 2002-A 2001-A)

2. QAZF

Q. What is Qazf liable to Hadd & what proof is required for it? What is its punishment? How can it proved? (2009-A 2008-A 2007-S, A 2006-A 2004-A 2003-S 2002-S, A 2001-S)

3. HADD & TAZIR

Q. Define & distinguish between Hadd & Tazir. Discuss the offences punishable by Hadd. (2005-A 2004-A 2003-A 2002-S 2001-A) Q. Define Hadd in accordance with Islamic law & explain different kinds of  hadood under Islamic law? (2008-S A)

4. ZINA

Q. Define Zina. When its liable under hadd. What proof is required for it? What is its punishment?

5. NOTES (1) ( a) Tazeer  (b) Nisab (c) Hirz (d) Harabah (2001-S)