Introduction To Law

PAST PAPERS - 2021

Section- Introduction of Law

Q1: Explain what is meant by the “Function of Law” and “Training of Lawyers”?

Ans: The concept of “Functions of Law” and “Training of Lawyers” are given below.

1. Function of Law: The function of law refers to the purpose or role that law plays with in the society.
Law serves a number of functions such as:
 Maintaining social order: Law helps to regulate behavior and prevent actions that might lead to
disorder or conflict.
 Protecting Individuals rights: Law provides a framework for protecting the rights of individuals and
resolving disputes that arise from conflicts between those rights.
 Providing a framework for economic and social development: Law can help to create a stable
environment for economic and social growth by regulating bussiness practices, protecting intellectual
property, and promoting innovation.
 Promoting Justice: Law is intended to ensure that everyone is treated fairly and that justice is served in
cases where disputes arise.

Overall, the function of Law is to provide a set of rules and guidelines that enable society to function in an
orderly and just manner.

2. Training of Lawyers: The training of Lawyers refers to the educational process that individuals go through in
order to become qualified legal professionals.
The training typically includes the following Steps:
 Undergraduade Education: Most lawyers have a bachelor’s degree in a related field, such as political
science or history.
 Law School: After completing their undergraduate degree, individuals must attend law school, which
typically takes three years. Law school provides students with the knowledge and skills needed to
practice law, including courses in legal research, writing, and analysis.
 Licensing: In order to practice law, individuals must pass the bar exam in the state where they wish to
practice. The bar exam tests the individual’s knowledge of the law and their ability to apply that
knowledge to real world scenarios.

Oveall, the training of Lawyers is designed to ensure that individuals have the knowledge and skills
necessary to provide legal advice and representation to clients, as well as to uphold the principles of justice
and fairness within the society.

Q2: What are essential characteristics of natural justice and equity?

Ans: The essential characteristics of natural justice and equity includes the following:

1. Impartiality: Natural justice and equity requires that decisions be made impartially and without bias. This mean
that decision-makers must be unbiased and must not have any conflicts of interest that could affect their
judgement.
2. Fairness: Natural justice and equity require that decision be made in a fair manner. This mean that all parties
involved in a dispute must have an opportunity to be heard and to present evidence in their favor.
 3. Reasonableness: Natural Justice and Equity requires that decision be made based on reason and sound
judgement. This mean that decision should be based on relevant facts and evidence and should not be arbitrary
or capricious.
4. Transparency: Natural justice and equity requires that decision-making process be transparent. This mean that
all parties involved in a dispute should be informed of the evidence and arguments presented and should be
able to understand the reasons for a decision.
5. Compliance with the law: Natural justice and equity requires that decision be made in compliance with the law.
This mean that decision-makers must adhere to the principles of the legal system and must not act in a manner
that is contrary to law.

Overall, Natural Justice and Equity are principles that seek to ensure that decisions are made fairly, impartially, and
based on reason and sound judgement. These principles are essential for upholding the principles of justice and
fairness within society.

Q3: What is meant by “a court of competent Jurisdiction”? Can a court try a case not within its Jurisdiction?

Ans: “A court of competent jurisdiction” is a court that has the legal authority or power to hear and decide a particular
case. Jurisdiction refers to the legal authority that a court has to hear and decide a case, based on the type of case, the
location of the parties involved, and other relevant factors.

A court can only try a case that falls within its jurisdiction. If a court tries a case that is not within its jurisdiction, the
decision of that court may be considered void or invalid. For example, if a state court tries a case that falls under federal
jurisdiction, the decision of that state court may be appealed or challenged on the grounds that the court lacked
jurisdiction.

In order for a court to have jurisdiction over a case, it must have both subject matter jurisdiction and personal
jurisdiction. Subject matter jurisdiction refers to the authority of the court to hear cases of a particular type or category,
such as civil or criminal cases. Personal jurisdiction refers to the authority of the court to hear cases involving particular
individuals or entities, based on their presence or connection to the jurisdiction.

Overall, its important for courts to have jurisdiction over a case in order to ensure that their decisions are legally valid
and enforceable. A court should not try a case that is outside its jurisdiction, as this can lead to legal complications and
undermine the integrity of the legal system.

Q4: Write short notes on the following:

1. Stare Decisis
2. Audi Alterem Parterm
3. Special Courts
4. Natural law of theory

Ans: Stare Decisis: Stare Decisis is a legal principle that requires courts to follow decicions of higher courts in similar
cases. This mean that once a legal principle has been established by a higher court, lower courts are bound to follow
that principle in future cases. The purpose of Stare Decisis is to ensure consistency and predictability in the law, and to
provide stability in the legal system.

Audi Alterem Partem: Audi Alterem Partem is a latin phrase that means “hear the oher side”. It is a principle of natural
justice that requires that all parties involve in a disputes should have an opportunity to be heard and to present their
case before a decision is made. This principle is important to ensure fariness and impartiality in decision-making
processes.

Special Courts: Special courts are courts that are established to deal with specific types of cases or issues. For example,
there may be special courts that deal with family law, intellectual property disputes, or enviromental issues. The
purpose of special courts is to provide specialized expertise and knowledge in a particular area of law, and to ensure that
cases are heard and decided in a timely and efficient manner.

Natural Law Theory: Natural law theory is philisophical and legal theory that posits that there are certain universal moral
principles that are inherent in nature and can be discovered through reason. These principles are considered to be
binding on all individuals and societies, regardless of their particular cultural or legal traditions. Natural law theory has
influenced the development of many legal systems, particularly in the areas of human rights and international law.

Section-II Sources of Law

Q5: The Quran is the fundamental source of Islamic Law. Explain.

Ans: Quran is considered the fundamental source of Islamic Law, also known as Shariah Law. It is a divine revelation that
Muslims believe was revealed to the Prophet Muhammad (peace be upon him) over a period of 23 years. Quran
contains the principles and guidance for all aspects of human life, including law, morality, ethics, and spirituality.

Islamic Law is based on two primary sources: the Quran and the Sunnah. The Sunnah refers to the sayings, actions, and
approvals of the Prophet Muhammad (peace be upon him). It provides guidance on how to interpret and apply the
principles and teachings of the Quran to contemporary situations.

The Quran provides a comprehensive ethical and moral framework that serves as the foundation of Islamic Law. It
contains guidance on various aspects of human life, including family law, criminal law, commercial law, and international
law. Quranic principles emphasize justice, fairness, compassion, and equality before the law.

Islamic Law is also based on the principles of Ijma (consensus) and Qiyas (analogical reasoning). Ijma refers to the
consensus of Islamic scholars on a particular legal issue, while Qiyas is the process of applying legal reasoning to reach a
legal conclusion based on the principles of the Quran and the Sunnah.

In conclusion, Quran is considered the fundamental source of Islamic Law. Its principles and teachings serve as the
foundation for all aspects of Islamic Law, providing guidance on how to live a just and moral life. The Quran is considered
a divine revelation, and its guidance is believed to be timeless and applicable to contemporary situations.

Q6: What are Precedents? Discuss the advantages and disadvantages of Precedents?

Ans: Precedents refer to previous court decisions that are considered as authoritative in subsequent cases that involve
similar legal issues or facts. Precedents are an essential component of the common law system, which is based on the
principle of stare decisis, which means “to stand by things decided”.

Advantages of Precedents:

1. Consistency and predictability: Precedents provide a degree of consistency and predictability in the Law. Once a
legal principle has been established by a higher court, lower courts are bound to follow that principle in similar
cases.
2. Efficiency: Precedents can help to streamline the legal process by reducing the time and resources required to
resolve legal disputes. When a legal principle has already been established by a higher court, it can be applied to
subsequent cases with similar issues, which can help to speed up the decision-making process.
 3. Legal certainly: Precedents help to establish legal certainly by providing clear guidance on how legal principles
should be applied in specific situations. This can be particularly important in complex aread of law, where there
may be multiple interpretations of the law.

Disadvantages of Precedents:

1. Rigidity: Precedents can sometimes be too rigid, and they may fail to account for changing circumtances or new
developments in the law. This can lead to situations where the law is out of step with current social, economic,
or political realities.
2. Inconsistency: Although precedents are intended to provide consistency in the law, there is always the potential
for inconsistencies to arise. This can occur when different courts interpret legal principles differently, or when a
precedent is later overruled or distinguished.
3. Stifling innovation: Precedents can sometimes stifle innovation and creativity in the law. If courts are too bound
by precedent, they may be less willing to adopt new legal principles or to adapt the law to changing
circumtances.

In sumary, precedents are an important feature of the common law system. They provide a degree of consistency and
predictability in the law, but they can also be regid, inconsistent, and stifling to innovation, As with any legal principle it
is important to strike a balance between the advantages and disadvantages of precedents to ensure that the legal
system remains fair, efficient, and relevant to the needs of society.

Q7: Define the customs and Explain the difference between customs and law.

Ans: Customs refer to the traditional practices and habits of a particular society or community. These practices are often
based on long-standing traditions and are considered to be an important part of the social fabric of that society.

Customs are distinct from law in several ways. First, customs are often unwritten, informal, and not enforceable by legal
sanctions. They are passed down from generation to generation through cultural traditions and practices, rather than
through formal legal channels.

Second, customs are often flexible and adaptable, whereas laws are more rigid and fixed. Customs can change over time
in response to changing social, economic, or political circumstances, whereas laws are typicaly established through a
fromal legislative process and are more difficult to change.

Third, customs may have different degrees of social acceptance and recognition, depending on the community or society
in which they are practiced. For example, certain customs may be widely accepted and respected within a particular
society, but may be considered taboo or even illegal in another society.

Despite these differences, customs and law are often closely related. Customs can influence the development of laws by
shaping social attitudes and expectations. In some cases, customs may even be incorporated into formal legal systems
through the process of legal recognition.

Overall, customs and law are both important aspects of social organization and governance. While they are distinct in
many ways, they are often interwined and can both play a role in shaping the behavior and attitudes of individuals and
communities.

Q8: Explain the source of British law. Discuss?

Ans: The British legal system is based on a combination of sources, including common law, statues, and European Union
law.
 1. Common Law: Common Law is a system of law that is based on judicial decisions rather than written laws. The
principles of common law are developed through the decisions of judges in individual cases, and these decision
are binding on lower courts in future cases. The common law system has evolved over centuries and is based on
a complex web of precedents and legal principles.
2. Statutes: Statutes are laws that are passed by the UK Parliament. These laws are typically enacted in response to
specific social, economic, or political concerns, and they cover a wide range of areas, including criminal law,
employment law, and enviromental law. Statues are typically more specific than common law principles and are
intended to provide clear guidance on how legal principles should be applied in specific situations.
3. European Union Law: The UK has been a member of the European Union since 1973, and European Union law
has had a significant impact on the British Legal system. EU law including treaties, regulations, and directives
that are binding on EU member states, including the UK. These laws cover a wide range of areas, including trade
competiton, and enviroomental regulation.

In addition to these sources, the British legal system is also influenced by international law, including treaties and
conventions that the UK has ratified.

One of the key features of the British legal system is its flexibility and adaptability. The common law system is able to
evolve over time in response to changing circumstances, and new statues can be enacted to address emerging legal
issued. The UK’s membership in the European Union has also introduced a degree of legal harmonization with other EU
member states, which has helped to facilitate cross-border trade & cooperation.

In summary, the source of British law include common law, statues, European Union law, and International law. Each of
these sources plays an important role in shaping the British Legal system and ensuring that it remains relevant and
responsive to the needs of society.

Section-III Classification of Law

Q9: Discuss the concept of Rule of Law.

Ans: The Rule of Law is a fundamental concept in the legal and political systems of many countries around the world. It
refers to the principal that all individuals and institutions, including governments, are subject to the law and must be
held accountable for their actions.

The Rule of Law is based on several key principles:

1. Equality before the law: This means that everyone, regardless of their status or position, is subject to the same
laws and will be treated equally by the legal systems.
2. Transparency: The legal system must be transparent and open, and individuals must be able to understand the
laws and legal process that govern their lives.
3. Predictability: Laws and legal decisions must be predictable and consistent so that individuals can plan their lives
and make decisions with confidence.
4. Due Process: Legal proceedings must be conducted fairly and impartially, and individuals must be given an
opportunity to present their case and defend themselves.
5. Access to justice: Individuals must have access to legal remedies and the ability to seek redress for legal
grievances.

The Rule of Law is essential for protecting individual rights and freedoms, promoting stability & predictability, and
preventing abuses of power. It ensures that governments are held accountable for their actions and that individuals are
able to rely on the legal system to protect their rights and interests.
However, the Rule of Law is not always upheld in practice, and there are many examples of governments and
institutions that have violated this principles. In some cases, laws may be used to restrict individual rights or to protect
those in positions of power. In other cases, legal systems may be subject to corruption or political interference.

Despite these challenges, the Rule of Law remains a crucial concept in the legal and political systems of many countries
around the world, and efforts to promote and protect this principle are ongoing.

Q10: Write notes of any two of the following:

 Imperative law and Civil law

 Personal Law
 Administrative Law
 Aggrement and Contract.

Ans:

1. Imperative Law and Civil Law : Imperative law, also known as statutory law, is law that is created by a legislative
body. It is binding on all individuals and cover a wide range of areas, such as criminal law, tax law, and
enviromental law.

Civil Law is a legal system that is focused on prvate disputes between individuals or organizations. Or Civil law is law that
is based on the decisions of the judges and the principles of common law. It is used in civil cases and covers areas such
as property law, contract law, and tort law.

2. Personal Law: It is also known as family law, is a branch of law that deals with issues related to family and
personal relationships. It covers areas such as marriage, divorce, custody of childern, adoption, and inheritance.
Personal law can vary widely between different cultures and religions, and is often governed by religious or
cultural traditions.
3. Administrative law: Administrative law is the body of law that governs the activities of administrative agencies,
such as government departments and regulatory bodies. It covers areas such as licensing, regulation, and
enforcement, and is designed to ensure that administrative agencies act within their authority and do not
violate individual right.
4. Agreement and Contract: An agreement is a meeting of the minds between two or more parties on a particular
issue. It can be oral or written and can be legally binding if it meets certain criteria. A contract, on other hand, is
a specific type of agreement that is legally enforceable. It must meet certain criteria, such as the presence of
consideration (something of value exchanged between the parties) and the intent to create legal relations, in
order to be legally binding. Contracts can be used in a wide range of situation, such as employment agreenebts,
sale of goods agreenebts, and lease agreements.
2021 past paper END

2020 Past Paper

Section-I Introduction of Law

Q1: Define and explain Court System of Pakistan.

Ans: The court system of Pakistan is divided into several tiers, with the Supreme Court of Pakistan at the top and district
courts at the bottom. Here's a brief overview of the court system in Pakistan:

1. Supreme Court of Pakistan: The Supreme Court of Pakistan is the highest court in the country and has appellate,
original, and advisory jurisdictions. It hears appeals from the high courts and has the power to hear cases of
public importance. The court is comprised of a Chief Justice and 16 judges.
2. High Courts: There are five high courts in Pakistan, one for each province, and one for the capital territory. The
high courts have appellate and original jurisdictions and hear appeals from the district courts.
3. District Courts: The district courts are the lowest tier of the court system in Pakistan. There is at least one district
court in every district of the country. The district courts have original jurisdiction over civil and criminal matters
and hear appeals from the lower courts.

Other Specialized Courts: In addition to the above three main tiers, Pakistan also has several other specialized courts,
including:

1. Federal Shariat Court: This court was established to examine and decide cases related to Islamic law and its
implementation.
2. Anti-Terrorism Courts: These courts were set up to deal with cases related to terrorism and extremism.
3. Banking Courts: These courts were established to deal with cases related to banking and finance.
4. Labour Courts: These courts deal with cases related to employment and labour laws.

Overall, the court system of Pakistan is similar to other common law countries, with the Supreme Court at the top,
followed by the high courts, district courts, and other specialized courts.

Q2: Define and explain Common Law and Equity with necessary characteristics.

Ans: Common Law is a legal system that is based on judicial decisions and precedents rather than on codified laws. It
originated in England and was spread to many other countries, including the United States, Canada, and Australia.

Common Law is characterized by the following features:

1. Precedent: Common Law relies heavily on judicial precedents. This means that judges are bound by previous
decisions made by higher courts and must follow them in similar cases. This principle is called stare decisis,
which means "to stand by things decided."
2. Adversarial System: The common law system is adversarial, which means that two opposing parties present
their cases before an impartial judge or jury. The judge or jury then makes a decision based on the evidence
presented.
3. Judge-made law: Common Law is based on judge-made law, which means that judges have the power to
interpret the law and make decisions that are binding on future cases.

Equity is a system of law that is based on fairness and justice. It originated in England as a response to the inflexibility of
the common law system.

Equity is characterized by the following features:

 1. Flexibility: Equity is more flexible than common law. It allows judges to consider the specific circumstances of a
case and make decisions that are fair and just.
2. Remedies: Equity provides remedies that are not available in the common law system. For example, in cases of
breach of contract, common law provides for damages, while equity provides for specific performance, which
requires the breaching party to fulfill the terms of the contract.
3. Maxims: Equity is guided by a set of principles known as maxims. These maxims are general rules that guide
judges in making decisions that are fair and just. Examples of these maxims include "equity will not suffer a
wrong to be without a remedy" and "he who comes to equity must come with clean hands."

In summary, Common Law and Equity are two legal systems that originated in England and have evolved over time.
While Common Law is based on judicial precedents and the adversarial system, Equity is based on fairness and justice
and provides remedies that are not available in the Common Law system.

Q3: Define and explain Public Law and Private Law with significant important differences.

Ans: Public Law and Private Law are two main branches of the legal system. They are distinguished by the types of issues
they address and the parties involved.

Public Law is concerned with the relationships between the state and its citizens. It encompasses constitutional law,
administrative law, and criminal law. The primary objective of Public Law is to protect the public interest and maintain
social order.

The key features of Public Law are:

1. Constitutional Law: Constitutional Law sets out the framework for the government and its powers. It defines the
relationship between different branches of government and establishes the fundamental rights and freedoms of
citizens.
2. Administrative Law: Administrative Law regulates the activities of government agencies and ensures that they
operate in accordance with the law. It provides a system of checks and balances to prevent abuse of power by
the government.
3. Criminal Law: Criminal Law deals with offenses against the state or society. It sets out the procedures for
prosecuting and punishing those who violate the law.

Private Law, on the other hand, deals with the relationships between private individuals or organizations. It includes
contract law, tort law, and property law. The primary objective of Private Law is to regulate the interactions between
individuals and to protect their rights and interests. The key features of Private Law are:

1. Contract Law: Contract Law governs the agreements between parties. It sets out the rules for forming and
enforcing contracts and provides remedies for breach of contract.
2. Tort Law: Tort Law deals with civil wrongs or injuries caused by one party to another. It provides remedies for
personal injury, property damage, and other losses.
3. Property Law: Property Law regulates the ownership and use of property. It provides rules for transferring
property, resolving disputes over property rights, and protecting property from damage or destruction.

The significant differences between Public Law and Private Law are:

 Parties involved: Public Law involves the state or government as a party, while Private Law involves private
individuals or organizations.
 Focus: Public Law focuses on the public interest and maintaining social order, while Private Law focuses on
regulating the interactions between individuals and protecting their rights and interests.
 Enforcement: Public Law is enforced by the state through the criminal justice system, while Private Law is
enforced through civil proceedings between private parties.
In summary, Public Law and Private Law are two main branches of the legal system that deal with different types of
issues and parties. Public Law focuses on the relationships between the state and its citizens, while Private Law regulates
the interactions between private individuals or organizations.

Q4: Write short notes on any two of the following:

 Civil and Criminal Law

 International and Conventional Law
 Special Courts and Tribunals
 Kinds of Legal Rights.

Ans: Civil and Criminal Law:

 Civil Law is concerned with disputes between individuals or organizations, typically involving issues such as
contracts, property, or personal injury. The objective of Civil Law is to provide compensation or remedy for harm
suffered by one party as a result of the actions of another.
 Criminal Law, on the other hand, deals with offenses against society as a whole, such as murder, theft, or fraud.
The objective of Criminal Law is to punish the offender and deter others from committing similar offenses. The
burden of proof in criminal cases is higher than in civil cases, as the state must prove guilt beyond a reasonable
doubt.

International and Conventional Law:

 International Law governs the relationships between states, including issues such as sovereignty, territorial
boundaries, and human rights. It is primarily based on custom, treaties, and the decisions of international
organizations such as the United Nations.
 Conventional Law, on the other hand, is derived from international agreements and treaties. These agreements
are binding on the parties that have signed them and are enforced by international courts and tribunals.

Special Courts and Tribunals:

 Special Courts and Tribunals are established to deal with specific types of cases or disputes. They are typically
staffed by judges or legal experts with specialized knowledge in the relevant area of law.

Examples of Special Courts and Tribunals include Family Courts, Tax Courts, Labor Courts, and International Criminal
Courts. These courts provide a more efficient and specialized form of justice for the parties involved.

Kinds of Legal Rights:

1. Legal Rights refer to the entitlements that individuals or groups have under the law. There are several kinds of
legal rights, including:
2. Civil Rights: These are the rights that protect individuals from discrimination based on race, gender, religion, or
other factors.
3. Political Rights: These are the rights that protect the ability of individuals to participate in the political process,
such as the right to vote or run for office.
4. Economic Rights: These are the rights that protect the ability of individuals to engage in economic activity, such
as the right to own property or start a business.
5. Human Rights: These are the universal rights that protect the dignity and freedom of all human beings, such as
the right to life, liberty, and security of person.

Section-II Source of Law

Q5: Define and Explain western sources of Law.

Ans: Western sources of law refer to the various legal sources that form the basis of legal systems in Western countries,
primarily in Europe and North America. These sources of law are typically categorized into two main types: primary
sources and secondary sources.

Primary sources of Western law include written constitutions, statutes, and judicial decisions. Written constitutions are
the supreme law of the land and provide the framework for the legal system. Statutes, also known as legislation or laws,
are enacted by the legislative branch of government and provide specific rules and regulations that govern various
aspects of society. Judicial decisions, also known as case law or common law, are the legal precedents established by
courts in the process of deciding legal disputes.

Secondary sources of Western law include legal treatises, law reviews, and scholarly commentary. These sources of law
are not legally binding but provide guidance and interpretation of primary sources of law.

The Western legal system is based on the principle of the rule of law, which ensures that laws are applied equally to all
individuals and that no one is above the law. The legal system is also characterized by the adversarial system, which
involves the prosecution and defense presenting their arguments before an impartial judge or jury.

One significant characteristic of Western law is its emphasis on individual rights and freedoms, such as freedom of
speech, assembly, and religion. These rights are protected by written constitutions, such as the United States
Constitution, and are enforced by the judiciary.

In conclusion, the Western sources of law are primarily based on written constitutions, statutes, and judicial decisions.
The rule of law and individual rights and freedoms are the fundamental principles underlying the Western legal system.
Secondary sources of law provide interpretation and guidance to primary sources of law.

Q6: Define and explain legislation treaties.

Ans: Legislation treaties refer to agreements or treaties made between countries that have the force of law. These
treaties are also known as international conventions or covenants, and they are binding on the countries that have
ratified them.

Legislation treaties can be bilateral, meaning they involve two countries, or multilateral, meaning they involve multiple
countries. They cover a wide range of issues, such as human rights, trade, environmental protection, and military
alliances.

Once a treaty is ratified by a country, it becomes part of that country's domestic law. Ratification of a treaty typically
requires the approval of the country's legislature or executive branch. Once ratified, the treaty can be enforced by
domestic courts or international tribunals, depending on the nature of the treaty and the dispute at hand.

One notable example of a legislation treaty is the United Nations Convention on the Rights of the Child. This treaty sets
out the rights of children and requires countries to protect those rights. As of 2021, 196 countries have ratified the
treaty, making it one of the most widely ratified treaties in history.

In conclusion, legislation treaties are agreements made between countries that have the force of law. They cover a wide
range of issues and can be enforced by domestic courts or international tribunals. Once ratified, a treaty becomes part
of a country's domestic law.

Q7: Define and explain Islamic source of Law.

Ans: Islamic law, also known as Shariah law, is derived from the teachings of the Quran and the Sunnah, which is the
record of the Prophet Muhammad's words and actions. Islamic law is based on the concept of divine revelation and is
considered to be the ultimate source of guidance for Muslims.

The primary sources of Islamic law are the Quran and the Sunnah. The Quran is the holy book of Islam and is believed to
be the direct word of God. It contains a set of principles and guidelines that Muslims are expected to follow in their daily
lives. The Sunnah is the record of the Prophet Muhammad's actions, sayings, and teachings. It is considered to be a
second source of Islamic law and provides further guidance on how to live a good and virtuous life.

Islamic law is based on five key principles, known as the Five Pillars of Islam. These are:

 Shahadah: The declaration of faith in one God and the acceptance of Muhammad as His messenger.
 Salat: The five daily prayers that Muslims are expected to perform.
 Zakat: The obligation to give to charity and support the poor and needy.
 Sawm: The fasting during the month of Ramadan.
 Hajj: The pilgrimage to Mecca that Muslims are expected to undertake at least once in their lifetime.

Islamic law covers a wide range of areas, including family law, criminal law, and commercial law. It provides guidance on
everything from marriage and divorce to business transactions and inheritance. Islamic law is enforced by Islamic courts
and is interpreted by Islamic scholars.

In conclusion, Islamic law is derived from the teachings of the Quran and the Sunnah and is based on the concept of
divine revelation. It covers a wide range of areas and provides guidance on how to live a good and virtuous life. Islamic
law is enforced by Islamic courts and is interpreted by Islamic scholars.

Section-III Classification of Law

Q8: Explain and give details of Constitutional Law.

Ans: Constitutional law is a branch of law that deals with the study and interpretation of a country's constitution. The
constitution is a fundamental document that establishes the framework for the government and defines the
fundamental principles and values of a country. Constitutional law ensures that government actions and policies comply
with the constitution.

Constitutional law includes the study of the principles of constitutional interpretation, the structure and functions of the
government, and the distribution of powers among different branches of the government. It also encompasses the
protection of individual rights and freedoms, such as freedom of speech, religion, and association.

Constitutional law can be divided into two categories: written and unwritten constitutions. A written constitution is one
that is codified in a single document. Examples of written constitutions include the United States Constitution, the Indian
Constitution, and the Canadian Constitution. An unwritten constitution, on the other hand, is one that is not codified in
a single document, but rather exists in a collection of laws, judicial decisions, and conventions. The United Kingdom is an
example of a country with an unwritten constitution.

Constitutional law is enforced by the judiciary, which ensures that government actions and policies comply with the
constitution. The judiciary can also strike down laws and policies that violate the constitution.

Constitutional law is an important area of law as it sets the foundation for the government's operations and protects
individual rights and freedoms. It helps to ensure that the government operates within the limits of its authority and
that the rights and freedoms of citizens are protected.

Q9: Explain and give details of Procedural Law.

Ans: Procedural law is a branch of law that outlines the procedures to be followed in legal proceedings, such as trials and
hearings. It governs the processes and rules that must be followed by parties involved in a legal dispute. Procedural law
seeks to ensure that legal proceedings are conducted fairly, consistently, and efficiently.

Procedural law is concerned with issues such as jurisdiction, service of process, pleadings, discovery, motions, trials, and
appeals. It sets out the rules for how legal disputes should be handled, from the initial filing of a lawsuit to the final
resolution of the case.

One of the key purposes of procedural law is to provide a level playing field for both parties in a legal dispute. It seeks to
ensure that each party has an equal opportunity to present their case, to obtain relevant evidence, and to be heard
before an impartial judge or tribunal.

Procedural law can differ depending on the jurisdiction and the type of case involved. For example, the procedural rules
for a criminal trial may be different from those for a civil lawsuit. Similarly, the procedural rules in one country may
differ from those in another.

Procedural law is important because it helps to ensure that legal proceedings are conducted fairly, consistently, and
efficiently. It also provides a framework for the resolution of legal disputes, which helps to maintain the rule of law and
promote confidence in the legal system.

In summary, procedural law is concerned with the rules and processes that must be followed in legal proceedings. It is
an essential component of the legal system, as it ensures that legal disputes are handled in a fair, consistent, and
efficient manner.

Q10: Explain and give detail of succession law and tax law.

Ans: Succession Law: Succession law is the branch of law that deals with the inheritance of property after a person's
death. The law determines how a person's assets will be distributed among their heirs and beneficiaries. It also outlines
the legal requirements for creating a will, probate, and the administration of the deceased person's estate.

The key components of succession law include inheritance, wills, trusts, and probate. Inheritance law determines who
will inherit the property of a deceased person. Wills are legal documents that allow individuals to specify how they want
their assets distributed after their death. Trusts are legal arrangements that allow a person to transfer assets to a third
party for the benefit of their beneficiaries. Probate is the process of validating a will and distributing the assets of the
deceased person.

Succession law varies by jurisdiction, and the rules for inheritance, wills, trusts, and probate can differ significantly
between countries and even between states or provinces within the same country. The primary objective of succession
law is to ensure that the deceased person's assets are distributed according to their wishes or, if they did not leave a
will, according to the law of intestacy.

Tax Law: Tax law is the branch of law that governs the assessment and collection of taxes. It determines the rules and
regulations related to the payment of taxes, as well as the rights and obligations of taxpayers and tax authorities.

Tax law encompasses a broad range of issues, including income tax, sales tax, property tax, estate tax, and gift tax. It also
covers tax planning, tax compliance, and tax disputes.

The primary objective of tax law is to ensure that individuals and businesses pay their fair share of taxes, while also
providing incentives for economic growth and development. Tax laws can vary significantly between jurisdictions, and
they are often complex and subject to frequent changes.

Tax lawyers and accountants play a crucial role in advising individuals and businesses on tax planning and compliance.
They help clients navigate the complexities of tax law and ensure that they are paying the appropriate amount of taxes.
Tax disputes can arise when there is a disagreement between the taxpayer and the tax authority over the amount of tax
owed or the interpretation of tax law. In such cases, tax lawyers may be called upon to represent their clients in
negotiations or court proceedings.

PAST PAPER OF 2020 THE END

PAST PAPER OF 2019

Section-I Introduction of Law

Q1. Describe and explain Civil and Criminal courts jurisdiction including trial, revisions, review, and appeals.

Ans: Civil and criminal courts have different jurisdictions in terms of the types of cases they can hear and the remedies
they can grant. In general, civil courts deal with disputes between individuals or entities (such as businesses) over
private legal rights and interests, while criminal courts deal with cases where the government prosecutes individuals for
violations of criminal law.

Civil courts have the power to hear cases related to contract disputes, property rights, family law, torts, and other civil
matters. These cases are usually initiated by one party, who files a complaint or a lawsuit against another party. Civil
court cases can be resolved through a trial, where evidence is presented and a judge or jury makes a decision, or
through alternative dispute resolution methods like mediation or arbitration.

Criminal courts, on the other hand, hear cases where the government has charged an individual or entity with a crime.
These cases can involve violations of local, state, or federal laws and may include charges for offenses like murder, theft,
or fraud. Criminal court cases are typically initiated by an arrest or indictment, and can result in a trial where the
prosecution presents evidence to prove guilt beyond a reasonable doubt.

In terms of trial, revisions, review, and appeals, the procedures can vary depending on the jurisdiction and the type of
court. In general, both civil and criminal court cases can be subject to appeal if one party is not satisfied with the
decision. Appeals can be made to higher courts, which may review the evidence and make a decision based on legal
arguments and precedents.

In criminal cases, the defendant has the right to a fair trial, and if found guilty, the sentence may include a fine,
imprisonment, or other penalties. In some cases, the defendant may be able to appeal the conviction or sentence.

Overall, the jurisdiction of civil and criminal courts is an important aspect of the legal system, as it determines which
cases are heard by which courts, and the remedies that are available to parties involved in legal disputes.

Q2: What are necessary characteristics of Natural Justice and Equity?

Ans: The necessary characteristics of natural justice and equity are:

 Impartiality: This refers to the principle of fairness and neutrality in the administration of justice.
 Reasonableness: The decision-making process must be reasonable and based on rational grounds.
 Audi Alteram Partem: This principle is based on the right of both parties to be heard and present their case
before a decision is made.
 No bias: The decision-maker must be unbiased and not prejudiced against any party.
 Evidence: Decisions must be based on relevant evidence that has been presented in a fair and objective manner.
 Equal treatment: All parties should be treated equally, without any discrimination or preference.
 Procedural fairness: The procedures followed in the decision-making process must be fair, transparent, and
consistent.
 Due process: The decision-making process must adhere to the principles of due process of law.
These characteristics ensure that the decision-making process is fair and just, and that all parties are treated equally and
with respect.

Q3: Question In complete.

Q:4 Write short notes on any two of the following.

 Necessity of administration of justice.

 Primiary source of Law is English law.
 Definition of Law in legal system of Pakistan.
 Special Courts
 Tribunals.
 Institutions of Ombudsman (Wafaql and Soobaee i.e. Federal and Provincial)
 Legal status of Unborn and dead person in litigations.
 The territorial nature of Law.

Ans:

 Necessity of administration of justice: The administration of justice is essential for maintaining a peaceful and
orderly society. It ensures that disputes between individuals or groups are resolved in a fair and just manner,
according to the law. Without a functioning justice system, people may resort to taking the law into their own
hands, leading to chaos and instability.
 Primary source of Law is English law: The legal system of Pakistan is based primarily on English law, which was
introduced during British colonial rule. This includes the common law, principles of equity, and statutes passed
by the British parliament.
 Definition of Law in legal system of Pakistan: According to the legal system of Pakistan, law refers to any rule or
regulation made by a competent authority, which is enforced by the state through its courts.
 Special Courts: Special courts are established for the purpose of dealing with specific types of cases, such as
those related to terrorism, corruption, and narcotics. These courts are designed to provide a faster and more
efficient resolution of cases that require specialized knowledge and expertise.
 Tribunals: Tribunals are quasi-judicial bodies that are established to hear and decide on disputes between
parties. They are typically used to resolve disputes that do not require the formal procedures of a court, and are
often used in administrative law and labor disputes.
 Institutions of Ombudsman: The institutions of Ombudsman, at both the federal and provincial levels, are
established to provide a mechanism for citizens to seek redress for grievances against government agencies and
officials. The Ombudsman is an independent body that investigates complaints and can make recommendations
for corrective action.
 Legal status of Unborn and dead person in litigations: Under Pakistani law, an unborn child has no legal status
and cannot be a party to litigation. Similarly, a dead person has no legal capacity, and their estate must be
represented by an executor or administrator.
 The territorial nature of Law: The law is territorial in nature, meaning that it applies only within the boundaries
of the jurisdiction in which it is enacted. This means that different laws may apply in different regions or
provinces of Pakistan.

Section-II Sources of Law:

Q5: What are the fundamental source of Islamic Law and its salient features?
Ans: The fundamental source of Islamic law is the Quran, which is considered the literal word of God as revealed to
Prophet Muhammad. The Hadith (sayings and actions of the Prophet Muhammad) and the Sunnah (customs and
practices of the Prophet Muhammad) are also important sources of Islamic law.

Some salient features of Islamic law include its emphasis on justice, equality, and social welfare. Islamic law covers all
aspects of life, including personal conduct, family law, criminal law, commercial law, and international law. Islamic law is
based on the principle of Tawhid (the oneness of God), which emphasizes the unity and equality of all human beings.

Islamic law is often associated with the Shariah, which refers to the ethical and moral principles of Islam. The Shariah is
not a fixed set of rules, but rather a flexible and adaptable system of principles that can be applied to changing
circumstances. Islamic law also includes the concept of Ijma (consensus of the Islamic community) and Qiyas (analogical
reasoning), which are used to interpret and apply the principles of the Quran and Hadith to new situations.

Q6: Define and explain differences with respect to authorities of Precedents in Islamic and Western Jurisprudence.

Ans: Precedents play a crucial role in both Islamic and Western Jurisprudence, but the authorities of precedents differ in
these two legal systems. In Islamic Jurisprudence, the primary sources of law are the Quran, the Hadith (the sayings and
actions of Prophet Muhammad), and Ijma (consensus of Islamic scholars). Precedents, known as Qiyas in Islamic
Jurisprudence, are based on the analogy and reasoning of these primary sources of law. Islamic scholars use precedents
to derive legal rulings and apply them to new cases that have not been explicitly addressed in the primary sources of
law.

In Western Jurisprudence, the primary sources of law are the written laws, constitutions, and court decisions.
Precedents play a significant role in Western Jurisprudence, and courts are bound to follow them in deciding cases. The
doctrine of stare decisis requires courts to follow the precedents set by higher courts and apply them to similar cases.
The authority of precedents in Western Jurisprudence derives from the principle of judicial independence, which
ensures that courts can interpret and apply the law without political or external influences.

In summary, while both Islamic and Western Jurisprudence recognize the importance of precedents, the sources of law
and authorities of precedents differ. In Islamic Jurisprudence, precedents are derived from primary sources of law, while
in Western Jurisprudence, precedents have the force of law and are binding on lower courts.

Q7: Define and Explain application of judicial and common law with context of legal system of Pakistan?

Ans: In the legal system of Pakistan, both judicial and common law have important roles to play. Judicial law refers to
the legal principles and rules that are developed and applied by the courts in their decisions. Common law, on the other
hand, refers to the body of law that is derived from judicial decisions and legal precedents rather than from legislation.

In Pakistan, the Constitution is the supreme law of the land, and all other laws and legal principles must be consistent
with its provisions. The judiciary is responsible for interpreting the Constitution and ensuring that all laws and actions of
the government are in compliance with it.

The application of judicial law in Pakistan involves the interpretation and application of statutes, regulations, and other
legal principles by the courts. Judges are expected to apply legal principles consistently and fairly, taking into account
the facts and circumstances of each individual case. They are also expected to adhere to the principles of natural justice
and due process, which require that parties to a case be given a fair hearing and an opportunity to present their case.

Common law plays a significant role in the legal system of Pakistan, particularly in the absence of specific legislation on a
particular issue. The courts often look to legal precedents and established principles of common law to guide their
decisions. However, the courts are not bound by common law principles and may depart from them if they deem it
necessary to do so in the interests of justice.
Overall, the application of judicial and common law in the legal system of Pakistan is aimed at ensuring that justice is
served fairly and consistently, and that the rule of law is upheld.

Q8: Explain in details any TWO of the following:

 Adult
 Person
 Tazir
 Ijtehad
 Movable and Immovable property
 The authority of Law
 International Law
 Mens rea
1. Adult: An adult refers to a person who has reached the age of majority, which is the age at which a person is
recognized by the law as being able to make legally binding decisions, including contracts, marriage, and
other legal matters. In Pakistan, the age of majority is 18 years.
2. Person: A person is a human being or a legal entity, such as a company or organization, that is recognized by
the law as having legal rights and responsibilities.
3. Tazir: Tazir refers to punishment in Islamic law that is at the discretion of the judge, based on the nature of
the offense and the circumstances surrounding it. Tazir punishments are not fixed by the Quran or Hadith
but are left to the discretion of the judge.
4. Ijtehad: Ijtehad is a term used in Islamic law to refer to the process of independent reasoning and
interpretation of the Quran and Hadith by a qualified scholar. It is an important concept in Islamic law as it
allows for the adaptation of Islamic principles to changing circumstances.
5. Movable and Immovable property: Movable property refers to property that can be moved or transferred
from one place to another, such as vehicles, furniture, and livestock. Immovable property, on the other
hand, refers to property that cannot be moved, such as land and buildings.
6. The authority of Law: The authority of law refers to the power of the legal system to enforce its laws and
decisions. The authority of law is based on the principle of legitimacy, which means that the legal system is
recognized as being legitimate by the people it governs.
7. International Law: International law refers to the set of rules and principles that govern relations between
states and other international actors, such as international organizations and individuals. It includes both
customary international law, which is based on established practices, and treaty law, which is based on
international agreements.
8. Mens rea: Mens rea is a Latin term used in criminal law to refer to the mental state or intention of a person
when committing a crime. It is an important element in determining criminal liability as it is necessary to
prove that a person had the intention to commit a crime in order to hold them responsible for it.

Section-III Classification of Law:

Q9: Explain and give details regarding settlement of disputes under private and public law.

Ans: Private law and public law both have different mechanisms for the settlement of disputes.

Settlement of Disputes under Private Law: Under private law, disputes arise between private individuals, organizations
or entities. The settlement of disputes under private law can be done through the following mechanisms:

1. Negotiation: The parties involved in a dispute may engage in direct discussions in order to reach an agreement.
Negotiation is a voluntary process and can be done with or without the assistance of a third party.
 2. Mediation: Mediation involves the use of a third party mediator who facilitates communication between the
parties involved in the dispute. The mediator does not impose a decision but helps the parties in reaching an
agreement.
3. Arbitration: Arbitration is a process where a third party arbitrator hears the dispute and makes a binding
decision. The parties involved in the dispute agree to accept the decision of the arbitrator.
4. Litigation: Litigation involves taking the dispute to court. In the case of private law disputes, the court would be
a civil court. The decision of the court is binding on the parties involved in the dispute.

Settlement of Disputes under Public Law: Under public law, disputes arise between the state or its entities and private
individuals or organizations. The settlement of disputes under public law can be done through the following
mechanisms:

1. Administrative Tribunals: These are specialized tribunals set up by the government to deal with specific areas of
public law such as labor law, environmental law, taxation law, etc.
2. Judicial Review: Judicial review is a process where a court examines the decision of an administrative body to
ensure that it has acted within the limits of its authority.
3. Public Inquiries: Public inquiries are conducted by the government in order to investigate and report on matters
of public concern.
4. Criminal Proceedings: In cases where a breach of public law has occurred, criminal proceedings may be initiated.
The decision of the criminal court is binding on the parties involved in the dispute.

In both private and public law, the aim of dispute settlement mechanisms is to provide a fair and just resolution to the
dispute.

Q9: How precedents may be altered or avoided including advantages and disadvantages of precedents.

Ans: Precedents are decisions made by higher courts that serve as a guide or authority in similar cases. They are an
essential part of the legal system and provide consistency and predictability in judicial decisions. However, there may be
situations where a precedent may need to be altered or avoided.

One way to alter or avoid a precedent is through the process of overruling. Overruling occurs when a higher court in a
later case disagrees with a legal principle established in a previous case and decides not to follow it. Overruling can be
done if the court feels that the earlier decision was incorrect or that there has been a change in the law or societal
values that requires a different outcome.

Another way to alter or avoid a precedent is through the process of distinguishing. Distinguishing occurs when a court
decides that the facts of the current case are sufficiently different from the earlier case, such that the precedent does
not apply. In such cases, the court may decline to follow the earlier precedent and instead decide the case based on the
unique circumstances before it.

One advantage of the precedent system is that it promotes consistency and predictability in the law. Precedents serve as
a guide for judges in deciding cases and ensure that similar cases are decided similarly. This helps to promote fairness
and certainty in the legal system.

However, one disadvantage of the precedent system is that it can lead to inflexibility in the law. Precedents can become
outdated or fail to reflect changes in society, and the inability to alter or avoid them can result in unjust or inappropriate
decisions. Additionally, the reliance on precedent can limit a judge's ability to use their discretion and apply the law in a
way that is most just in a particular case.

Q10: Write short notes on any TWO of the following:

  Corporate Law
 Statutory Law
 Declaratory and Persuasive Precedents
 Customs as a source of law in Pakistan
 Case law reporters
 Useful primary sources links in Pakistan
 Possession in fact and possession in law
 Aggrement and Contract

Ans:

1. Corporate Law: Corporate law is the body of law that governs the rights, relations, and conduct of persons,
companies, and organizations engaged in business and commerce. It covers a wide range of legal issues, such as
corporate governance, finance, contracts, securities, and mergers and acquisitions. Corporate law plays a crucial
role in protecting the interests of shareholders, employees, customers, and other stakeholders.
2. Statutory Law: Statutory law refers to written laws passed by a legislative body, such as a parliament or
congress. These laws are enacted in the form of statutes, codes, ordinances, and regulations. Statutory law is an
important source of law in many legal systems, including Pakistan. It is created by elected representatives and is
binding on all individuals and entities within the jurisdiction.
3. Declaratory and Persuasive Precedents: Declaratory precedents are those that declare the law without creating
new law. They are authoritative statements of the law that clarify or confirm existing legal principles. On the
other hand, persuasive precedents are those that are not binding but are considered influential or persuasive in
future cases. They are used to guide judicial decision-making in cases where there is no binding precedent or
where the binding precedent is unclear or outdated.
4. Customs as a source of law in Pakistan: Customs are unwritten rules of conduct that are widely accepted and
followed by a community or society. In Pakistan, customs are recognized as a source of law, particularly in
matters of personal law. Personal law governs the legal rights and obligations of individuals in matters such as
marriage, divorce, inheritance, and family disputes. Customary practices and traditions play an important role in
the interpretation and application of personal law in Pakistan.
5. Case law reporters: Case law reporters are books or databases that compile and summarize court decisions.
They provide a record of important legal cases and their outcomes, along with a summary of the legal issues and
reasoning involved. Case law reporters are used by lawyers, judges, and legal scholars to research legal
precedents and to stay up-to-date with developments in the law.
6. Useful primary sources links in Pakistan:
There are several useful primary sources of law in Pakistan, including:
 The Constitution of Pakistan
 The Pakistan Penal Code
 The Code of Criminal Procedure
 The Civil Procedure Code
 The Contract Act
 The Sales Tax Act
 The Income Tax Ordinance
 The Companies Act
 The Land Acquisition Act

7. Possession in fact and possession in law: Possession in fact refers to physical possession or control over a
property or object. Possession in law, on the other hand, refers to legal possession or ownership of a property or
object. In legal terms, possession in law is more important than possession in fact because it gives the possessor
legal rights and protections under the law.
 8. Agreement and Contract: An agreement is a mutual understanding or arrangement between two or more
parties. It can be formal or informal and may or may not be legally binding. A contract, on the other hand, is a
legally binding agreement between two or more parties. It sets out the terms and conditions of the agreement
and specifies the legal rights and obligations of each party. Contracts are an important tool for managing
business relationships and transactions, and they play a crucial role in the legal system of Pakistan.

THE END

PAST PAPER 2018

Section-I Introduction to Law

Q1: : What is meant by “a court of competent Jurisdiction”? Can a court try a case not within its Jurisdiction?

Ans: “A court of competent jurisdiction” is a court that has the legal authority or power to hear and decide a particular
case. Jurisdiction refers to the legal authority that a court has to hear and decide a case, based on the type of case, the
location of the parties involved, and other relevant factors.

A court can only try a case that falls within its jurisdiction. If a court tries a case that is not within its jurisdiction, the
decision of that court may be considered void or invalid. For example, if a state court tries a case that falls under federal
jurisdiction, the decision of that state court may be appealed or challenged on the grounds that the court lacked
jurisdiction.

In order for a court to have jurisdiction over a case, it must have both subject matter jurisdiction and personal
jurisdiction. Subject matter jurisdiction refers to the authority of the court to hear cases of a particular type or category,
such as civil or criminal cases. Personal jurisdiction refers to the authority of the court to hear cases involving particular
individuals or entities, based on their presence or connection to the jurisdiction.

Overall, its important for courts to have jurisdiction over a case in order to ensure that their decisions are legally valid
and enforceable. A court should not try a case that is outside its jurisdiction, as this can lead to legal complications and
undermine the integrity of the legal system.

Q2: Explain what is meant by “Function of Law” and the “Training of the Lawyers”. What skills are required for modern
lawyers?

Ans: The function of law refers to the role and purpose of laws in society, which is primarily to maintain order and justice
and to regulate human behavior. The law serves as a framework for resolving disputes, protecting individual rights, and
promoting social welfare. It provides a set of rules and procedures that help ensure fairness and equality in society.

The training of lawyers refers to the education and preparation required to become a lawyer. It involves acquiring
knowledge of legal principles, research and analytical skills, and practical experience in legal practice. The training of
lawyers typically involves a combination of academic study, apprenticeship, and continuing education.

Modern lawyers require a range of skills to succeed in the legal profession, including:

 Legal knowledge: Lawyers must have a thorough understanding of the law and legal principles, as well as the
ability to interpret and apply legal statutes and regulations.
 Analytical skills: Lawyers need strong analytical skills to analyze complex legal issues and develop effective legal
strategies.
 Communication skills: Lawyers must be able to communicate effectively with clients, judges, and other legal
professionals, both in written and oral form.
  Problem-solving skills: Lawyers must be able to identify legal issues and develop creative solutions to resolve
disputes.
 Negotiation skills: Lawyers need strong negotiation skills to reach settlements and agreements on behalf of their
clients.
 Ethical standards: Lawyers must adhere to high ethical standards and maintain client confidentiality while
representing their clients.

Overall, the function of law and the training of lawyers are crucial elements in maintaining an orderly and just society,
and modern lawyers require a range of skills to succeed in the legal profession.

Q3: The theory of “Natural Law” declared that all citizens, whether a king of his subjects, are born free and equal in
rights and no one is above the law. Do you agree?

Ans: The theory of Natural Law asserts that the law is inherent in nature and that human beings have inherent rights
that are independent of any government or legal system. This theory holds that all individuals are born with certain
natural rights, including the right to life, liberty, and property, and that these rights cannot be taken away by any
government or legal system.

Under this theory, all individuals, including kings and subjects, are subject to the same natural laws and are therefore
equal before the law. This means that no one is above the law, and everyone is entitled to the same protection and
benefits of the law.

However, it should be noted that there are different interpretations of Natural Law, and the theory has been subject to
criticism and debate over the centuries. Some critics argue that the theory is too abstract and does not provide clear
guidance for practical legal systems, while others argue that it may be used to justify authoritarianism or oppressive
legal regimes.

Q4: Write short notes on any TWO of the following:

 Stare Decisis
 No one shall be a judge in his own case
 Substantive and Procedural Law
 Audi Alteram Parterm
 Ratio Decidendi and Obiterditum

Ans:

 Stare Decisis: It is a legal principle that means "to stand by things decided." It is the practice of courts to adhere
to precedents and rulings of higher courts in similar cases. This principle promotes consistency and stability in
the legal system.

• No one shall be a judge in his own case: This principle is also known as "Nemo iudex in causa sua" in Latin. It means
that no person can judge a case in which they have an interest. This principle ensures that the justice system is impartial
and unbiased.

• Substantive and Procedural Law: Substantive law refers to the laws that define and regulate the rights and obligations
of individuals, while procedural law refers to the laws that govern the procedures and processes of the legal system.
Substantive law establishes the legal rights and duties of individuals, whereas procedural law establishes the rules for
enforcing those rights.
• Audi Alteram Partem: This principle means "hear the other side." It is the principle of natural justice that requires both
parties to be heard before a decision is made. This principle ensures that each party has the opportunity to present their
case and defend their rights.

• Ratio Decidendi and Obiterditum: Ratio decidendi is the legal principle or rule on which a court's decision is based,
while obiter dictum is a statement made by a judge that is not essential to the decision. Ratio decidendi is binding
precedent, while obiter dictum is not.

Section-II Sources of Law:

Q5: The Quran is the fundamental source of Islamic Law. Explain.

Ans: The Quran is the primary and fundamental source of Islamic law. It is believed by Muslims to be the word of God as
revealed to the Prophet Muhammad (peace be upon him) through the Angel Gabriel. The Quran contains general
principles and guidelines for leading a righteous life and for governing society.

Islamic law, also known as Shariah, is derived from the Quran and the Sunnah, which refers to the recorded sayings and
actions of the Prophet Muhammad (peace be upon him). The Sunnah provides more detailed guidance on how to apply
the principles of the Quran in everyday life. In addition to the Quran and the Sunnah, Islamic law is also derived from the
consensus of scholars (ijma) and analogical reasoning (qiyas).

The Quranic principles include the concepts of justice, equality, mercy, and compassion. It also lays down laws related to
personal matters, family law, business and commerce, criminal law, and international relations. The Quranic law is
universal and applies to all individuals regardless of their social status, race, ethnicity, or gender.

Islamic law provides a comprehensive legal system that covers all aspects of human life and has been a source of
guidance and inspiration for Muslims for over fourteen centuries.

Q6: What are Precedents? Explain the importance and kinds of precedents in western jurisprudence.

Ans: Precedents are previously decided cases that are used as a basis for deciding similar cases in the future. They are an
important part of the common law system, which relies on the principle of stare decisis, meaning to stand by decisions
already made.

The importance of precedents lies in the fact that they provide guidance to judges in deciding cases, promote
consistency and predictability in the legal system, and ensure that similar cases are treated similarly. They also help to
maintain the stability of the law, as the law is not subject to constant change but rather evolves gradually through the
development of new precedents.

There are two main kinds of precedents in western jurisprudence: binding and persuasive. A binding precedent is one
that a court must follow, such as a decision of a higher court in the same jurisdiction. A persuasive precedent, on the
other hand, is one that a court may consider but is not bound to follow, such as a decision from a lower court or from a
different jurisdiction.

Within the category of binding precedents, there are two subcategories: vertical and horizontal. Vertical precedents are
those set by higher courts, which must be followed by lower courts in the same jurisdiction. Horizontal precedents are
those set by courts of equal authority, which are not strictly binding but may be given more weight depending on the
circumstances of the case.

In addition to these kinds of precedents, there are also declaratory and overruling precedents. A declaratory precedent
is one that merely restates existing law, while an overruling precedent is one that expressly overturns or reverses a
previous precedent.
Q7: Define and explain legislation as a source of Law.

Ans: Legislation refers to the written laws created by the legislative body of a country or state, such as a parliament or
congress. It is a formal and authoritative source of law that sets out the rules, regulations, and guidelines that must be
followed by individuals and institutions within the jurisdiction.

The process of legislation involves the drafting of a proposed law, which is then debated, revised, and voted on by the
legislative body. Once the law is passed, it is published and becomes binding on all persons within the jurisdiction.

Legislation can be used to create new laws or to amend or repeal existing laws. It covers a wide range of legal areas,
including criminal law, civil law, administrative law, tax law, and commercial law.

The importance of legislation lies in its ability to provide clarity and consistency in the law. It can also respond to
changing social and economic conditions by creating new laws or amending existing ones. Additionally, legislation
provides a mechanism for resolving disputes and enforcing rights.

In Western jurisprudence, there are two types of legislation: primary legislation and secondary legislation. Primary
legislation refers to laws that are made by the legislative body, such as acts of parliament or congress. Secondary
legislation refers to laws made by executive or administrative bodies, such as regulations or orders. Both types of
legislation are important sources of law that are used to govern the conduct of individuals and institutions within the
jurisdiction.

Q8: Explain any Two of the following:

 Sunnah or Hadith
 Mujtahid
 Qiyas
 Supreme or Subordinate legislation

Ans: Sunnah or Hadith: Sunnah or Hadith refers to the collection of sayings, actions, and practices of the Islamic prophet
Muhammad. It is considered as the second source of Islamic Law after the Quran. The sayings and practices of the
Prophet Muhammad are recorded in books of Hadith, and these books are relied upon by Islamic scholars and jurists to
derive legal rulings.

Mujtahid: In Islamic Jurisprudence, Mujtahid refers to a scholar who is qualified to engage in independent reasoning and
derive legal rulings from primary sources of Islamic Law, such as the Quran and Hadith. Mujtahid has extensive
knowledge of Islamic Law, principles of Jurisprudence, and Arabic language.

Qiyas: Qiyas is a method of legal reasoning used in Islamic Jurisprudence to derive legal rulings from primary sources of
Islamic Law. It involves analogical reasoning by comparing a new case to an existing case with similar characteristics.
Qiyas is used when primary sources of Islamic Law do not provide a clear ruling on a particular matter.

Supreme or Subordinate legislation: Supreme legislation refers to laws that are made by the highest legislative authority
in a country, such as the constitution or parliament. These laws are binding on all other authorities and individuals in the
country. Subordinate legislation, on the other hand, refers to laws made by authorities or bodies that are subordinate to
the highest legislative authority, such as regulations, orders, and by-laws. These laws are subject to review and can be
challenged if they go against the supreme legislation.
Overall, these concepts are important in Islamic Law and legislative systems as they provide methods for legal reasoning
and decision-making, and help to ensure the consistency and coherence of legal systems.

Section-III Classification of Law

Q9: Explain and differentiate between Public and Private law.

Ans: Public law and private law are two main branches of law that govern various aspects of society. The following is an
explanation of each type of law and the differences between them:

Public Law:

Public law is the set of legal principles that govern the relationship between individuals and the state or government. It
is concerned with the regulation of activities that affect the public interest, such as matters related to constitutional law,
administrative law, criminal law, and international law. Public law deals with disputes that arise between the state and
its citizens, and it is usually initiated by a public prosecutor or a government entity.

Private Law:

Private law is the set of legal principles that govern the relationships between individuals and entities, such as
individuals, corporations, and other legal entities. Private law is concerned with the regulation of private activities, such
as civil law, contract law, property law, and tort law. Private law deals with disputes between individuals or entities, and
it is usually initiated by one of the parties involved.

Differences between Public and Private Law:

1. Scope: Public law regulates activities that affect the public interest, while private law governs activities between
individuals or entities.
2. Parties Involved: In public law, the state or government is usually one of the parties involved, while in private
law, individuals or entities are the parties involved.
3. Initiation of Action: Public law is initiated by a public prosecutor or a government entity, while private law is
initiated by one of the parties involved.
4. Remedies: Public law aims to protect the public interest, and the remedies are usually punitive in nature, such as
fines or imprisonment. Private law aims to compensate the injured party, and the remedies are usually in the
form of damages or specific performance.
5. Legal System: In many legal systems, there are separate courts for public law and private law cases.

In summary, public law and private law are two distinct areas of law that deal with different aspects of society. While
public law governs the relationship between individuals and the state or government, private law governs the
relationship between individuals and entities.

Q10: Discuss the concept of rule of law.

Ans: The rule of law is a fundamental principle that upholds the ideal that no one, regardless of their position or status,
is above the law. It means that everyone in a society, including the government, is subject to the law and must follow it.
This concept is essential for creating a fair and just society where individuals have equal protection under the law and
access to justice.

The rule of law has several key elements:

1. Transparency: The law must be clear, accessible, and easily understood by everyone.
2. Equality: The law must be applied equally to everyone, regardless of their position, wealth, or power.
 3. Accountability: Everyone must be accountable for their actions and responsible for the consequences of
breaking the law.
4. Fairness: Legal proceedings and decisions must be fair, impartial, and based on evidence.
5. Due process: Legal procedures must be followed, and individuals must have a right to a fair trial and legal
representation.
6. Protection of rights: The law must protect individual rights, including freedom of speech, association, and
religion.

The rule of law is essential for a stable and democratic society. It ensures that individuals and organizations are held
accountable for their actions and prevents the abuse of power by those in positions of authority. It also provides a
framework for resolving disputes and protecting individual rights.

Overall, the rule of law is a cornerstone of democracy, and without it, societies would be vulnerable to corruption,
oppression, and injustice.

Q11: Write short notes on any TWO of the following:

 Administrative law
 Personal Law
 Private law

Ans: Administrative law: It is a body of law that governs the activities of administrative agencies of the government. It
deals with the powers, functions, and procedures of administrative bodies and their relationship with other branches of
the government, citizens, and businesses. Administrative law covers a wide range of areas, including environmental law,
labor law, immigration law, and regulatory law. Its primary objective is to ensure that administrative agencies act within
their legal authority and do not abuse their power.

Personal Law: It is a branch of law that deals with the personal matters of individuals, such as marriage, divorce,
inheritance, and guardianship. Personal law varies depending on the religion and ethnicity of the individual. In Pakistan,
there are different personal laws for Muslims, Christians, and Hindus, which are derived from their respective religious
texts.

Private law: It is a body of law that deals with the relationships between individuals, such as contracts, torts, and
property rights. Private law is concerned with the enforcement of private rights and obligations between individuals or
businesses. It is distinguished from public law, which deals with the relationship between the government and its
citizens. Private law is enforced by the courts through civil litigation, which seeks to resolve disputes between parties
and provide remedies for harm caused by one party to another.

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PAST PAPER 2017

Section-I Introduction of Law

Q1: Explain what is meant by advantages and disadvantages of Law.

Ans: Advantages of Law:

 1. Protection: One of the major advantages of law is that it provides protection to individuals, property, and society
as a whole. It ensures that people are not subjected to abuse, violence, or discrimination and that their rights
are protected.
2. Fairness and Justice: Law promotes fairness and justice in society by ensuring that everyone is held accountable
for their actions. It provides a system for resolving disputes in a fair and impartial manner.
3. Predictability and Stability: The law provides predictability and stability in society by setting out clear rules and
regulations that people can follow. This helps to reduce uncertainty and create a stable environment for
economic and social development.
4. Economic Growth: Law plays a vital role in promoting economic growth by providing a legal framework for
businesses to operate in. It provides a system of property rights and contracts that allows businesses to invest
and innovate, leading to increased productivity and economic growth.

Disadvantages of Law:

1. Complexity: Law can be complex and difficult to understand, leading to confusion and uncertainty. This can
make it difficult for people to know what is expected of them and how to comply with the law.
2. Cost: The legal system can be expensive, making it difficult for people with limited resources to access justice.
This can create an unequal playing field, where those with more resources are better able to navigate the legal
system.
3. Inflexibility: The law can be inflexible, making it difficult to adapt to changing circumstances. This can lead to
situations where the law is unable to keep pace with social or technological developments, resulting in outdated
or ineffective regulations.
4. Enforcement: Even with laws in place, enforcement can be a challenge. This can be due to limited resources or
corruption, leading to a situation where the law is not effectively enforced.

Overall, while the law has its advantages and disadvantages, it is essential for maintaining order, protecting rights, and
promoting social and economic development.

Q2: What is object of law in non-Islamic communities and Laws in Islam (The Islamic concept of Law)?

Ans: In non-Islamic communities, the object of law is primarily to regulate the relationships between individuals and
groups within a society, to promote social order, and to ensure that individuals are held accountable for their actions.
The focus of law is generally on the maintenance of social order and the protection of individual rights, such as property
rights and contractual rights.

In Islam, the concept of law is deeply rooted in the principles of justice, equality, and the fulfillment of obligations
towards God and fellow human beings. The primary objective of Islamic law is to establish a just and moral society in
which individuals can fulfill their spiritual and material needs. Islamic law seeks to regulate all aspects of human
behavior, including personal conduct, social relationships, and economic transactions. It emphasizes the importance of
individual and collective responsibility, and seeks to promote the well-being of the entire community rather than just a
select few.

Overall, while the object of law in non-Islamic communities is focused on maintaining social order and individual rights,
the object of Islamic law is to create a just and moral society that promotes the well-being of all members of the
community.

Q3: For the purpose of legal drafting what should one focus on? Explain.
Ans: Legal drafting is the process of creating legal documents such as contracts, agreements, and other legal
instruments. It is a specialized skill that requires careful attention to detail and accuracy. When drafting legal
documents, it is important to focus on the following:

1. Clarity: Legal drafting should be clear and easy to understand for the intended audience. Use plain language and
avoid complex legal jargon.
2. Precision: Legal drafting must be precise and accurate. Use exact and specific language to avoid ambiguity or
confusion.
3. Consistency: Legal drafting must be consistent throughout the document. Use the same terminology and format
consistently to avoid confusion.
4. Completeness: Legal drafting should be complete and cover all necessary aspects of the legal issue at hand. Do
not leave out important details or provisions.
5. Formatting: Legal drafting should be well-organized and properly formatted. Use headings, subheadings, and
sections to make the document easy to navigate and understand.
6. Legal authority: Legal drafting should be based on relevant legal authority such as statutes, case law, and
regulations. Always cite the applicable legal authority in the document.
7. Revision and editing: Legal drafting should be revised and edited multiple times to ensure accuracy and clarity.
Always proofread the document carefully before finalizing it.

Overall, legal drafting requires attention to detail, precision, and clarity. By focusing on these key elements, a legal
drafter can create effective and enforceable legal documents.

Q4: Write short notes any TWO of the following:

 Substantive and Procedural law

 Main differences between Common law and Statutory law.
 Differentiate between agreement to sell and sale deed.
 Audi Alterm Parterm
 Lis Pendens
 Amicus Curiae
 Locus Standii

Ans:

1. Substantive and Procedural law: Substantive law defines the legal relationship between individuals and the
state, while procedural law governs the process of enforcing those legal rights and obligations. Substantive law
determines what legal rights and obligations people have, while procedural law provides the rules for how to
enforce those rights and obligations. For example, criminal law is substantive law, which defines what behavior
is criminal and what penalties can be imposed. Procedural law, on the other hand, would provide the rules for
how a criminal trial is conducted.
2. Main differences between Common law and Statutory law: Common law refers to law that is created by the
courts through their decisions, while statutory law is created by legislatures through the enactment of statutes.
Common law is based on legal precedent, which means that decisions made in previous cases are used as a basis
for making decisions in current cases. Statutory law, on the other hand, is created through the democratic
process and is more predictable than common law.
3. Differentiate between agreement to sell and sale deed: An agreement to sell is a contract in which the seller
agrees to sell and the buyer agrees to buy a property at a future date, subject to certain conditions. It is a
binding contract that sets out the terms and conditions of the sale, including the purchase price, payment terms,
and any contingencies. A sale deed, on the other hand, is a document that transfers ownership of a property
 from the seller to the buyer. It is executed at the time of the sale and is a legal document that establishes the
transfer of ownership.
4. Audi Alteram Partem: Audi Alteram Partem is a legal principle that means "hear the other side." It is a
fundamental principle of natural justice that requires that all parties to a dispute should be given an opportunity
to be heard and to present their case before a decision is made. This principle is an important safeguard against
arbitrary and unfair decisions.
5. Lis Pendens: Lis Pendens is a Latin term that means "a pending suit." It is a legal doctrine that refers to the
principle that when a legal action is pending in a court, any action taken by the parties that would affect the
subject matter of the lawsuit is void. The purpose of the doctrine is to prevent the parties from taking any action
that would prejudice the outcome of the pending litigation.
6. Amicus Curiae: Amicus Curiae is a Latin term that means "friend of the court." It refers to a person or
organization that is not a party to a case but offers information or expertise on a legal issue that is relevant to
the case. The purpose of an amicus curiae brief is to assist the court in understanding the issues and reaching a
just and fair decision.
7. Locus Standi: Locus Standi is a Latin term that means "standing to sue." It refers to the legal right of a person or
organization to bring a lawsuit in a court of law. To have locus standi, a person or organization must have a
sufficient stake or interest in the outcome of the case. The purpose of the doctrine is to ensure that only those
with a legitimate interest in the case are allowed to bring a lawsuit.

Section-II Sources of Law

Q5: Define and explain legislation as a source of Law.

Ans: Legislation refers to the written laws created by the legislative body of a country or state, such as a parliament or
congress. It is a formal and authoritative source of law that sets out the rules, regulations, and guidelines that must be
followed by individuals and institutions within the jurisdiction.

The process of legislation involves the drafting of a proposed law, which is then debated, revised, and voted on by the
legislative body. Once the law is passed, it is published and becomes binding on all persons within the jurisdiction.

Legislation can be used to create new laws or to amend or repeal existing laws. It covers a wide range of legal areas,
including criminal law, civil law, administrative law, tax law, and commercial law.

The importance of legislation lies in its ability to provide clarity and consistency in the law. It can also respond to
changing social and economic conditions by creating new laws or amending existing ones. Additionally, legislation
provides a mechanism for resolving disputes and enforcing rights.

In Western jurisprudence, there are two types of legislation: primary legislation and secondary legislation. Primary
legislation refers to laws that are made by the legislative body, such as acts of parliament or congress. Secondary
legislation refers to laws made by executive or administrative bodies, such as regulations or orders. Both types of
legislation are important sources of law that are used to govern the conduct of individuals and institutions within the
jurisdiction.

Q6: Define Intenational Law as a source of law.

Ans: International law is a body of legal rules and principles that govern the relations between sovereign states and
other international actors. It is a source of law in that it provides a framework for regulating international relations,
including trade, diplomacy, and human rights. International law includes treaties, conventions, customary international
law, and general principles of law recognized by civilized nations. It also includes the decisions of international courts
and tribunals, such as the International Court of Justice and the International Criminal Court. While international law is
not necessarily enforceable in the same way as national laws, it plays a critical role in shaping the behavior of states and
other international actors in the global community.
Q7: Explain the sources of British Law.

Ans: The sources of British Law can be broadly classified into two categories: primary sources and secondary sources.

Primary sources of British Law include:

1. Acts of Parliament: These are laws passed by the UK Parliament, also known as statutes. They have the highest
authority and are binding on all citizens.
2. Common Law: This refers to the body of law that has been developed through judicial decisions over time. It is
based on the principle of precedent, where judges follow the decisions made in previous cases with similar facts.
3. European Union Law: EU law is a body of law that is binding on all member states of the European Union. It
includes treaties, regulations, directives, and decisions made by the EU institutions.

Secondary sources of British Law include:

1. Case law: This refers to the written decisions of judges in particular cases. It is used as a guide for future cases
with similar facts.
2. Legal textbooks and journals: These are written by legal scholars and provide commentary and analysis on the
law.
3. Customary Law: This refers to the practices and customs that have been followed in a particular community for
a long time, which have become recognized as binding.
4. Constitutional conventions: These are unwritten rules and practices that have evolved over time and are
observed by the government and other institutions.

Overall, the sources of British Law are diverse and complex, reflecting the country's long history and its evolving legal
system.

Q8: Explain any two of the following:

 Primary sources of Sharia

 IJMA and IJTIHAD
 Inference (Istidlal) and Istihsan
 Local custom URF in Islam

Ans:

• Primary sources of Sharia: The primary sources of Sharia are the Quran, the Sunnah (traditions of the Prophet
Muhammad), Ijma (consensus of the Islamic community), and Qiyas (analogical reasoning).

• IJMA and IJTIHAD: Ijma refers to the consensus of the Islamic community on a legal issue, while Ijtihad refers to the
process of independent reasoning and interpretation of Islamic law by qualified scholars.

• Inference (Istidlal) and Istihsan: Istidlal refers to the process of inferring legal rulings from the primary sources of
Islamic law, while Istihsan refers to the use of juristic preference or equity to arrive at a legal ruling.

• Local custom URF in Islam: Urf refers to local custom or practice, which can be recognized as a source of law in Islamic
jurisprudence if it is not in conflict with the primary sources of Islamic law.
In Islamic law, the primary sources of Sharia provide the basis for legal rulings, while secondary sources such as Ijma,
Ijtihad, Istidlal, Istihsan, and Urf can be used to supplement and interpret the primary sources. Ijma and Ijtihad allow for
the evolution and adaptation of Islamic law to changing circumstances, while Istihsan and Urf provide flexibility in the
application of Islamic law to local customs and practices.

Section-III Classification of Law:

Q9: Discuss the concept of Rule of Law.

Ans: The rule of law is a fundamental principle that upholds the ideal that no one, regardless of their position or status,
is above the law. It means that everyone in a society, including the government, is subject to the law and must follow it.
This concept is essential for creating a fair and just society where individuals have equal protection under the law and
access to justice.

The rule of law has several key elements:

1. Transparency: The law must be clear, accessible, and easily understood by everyone.
2. Equality: The law must be applied equally to everyone, regardless of their position, wealth, or power.
3. Accountability: Everyone must be accountable for their actions and responsible for the consequences of
breaking the law.
4. Fairness: Legal proceedings and decisions must be fair, impartial, and based on evidence.
5. Due process: Legal procedures must be followed, and individuals must have a right to a fair trial and legal
representation.
6. Protection of rights: The law must protect individual rights, including freedom of speech, association, and
religion.

The rule of law is essential for a stable and democratic society. It ensures that individuals and organizations are held
accountable for their actions and prevents the abuse of power by those in positions of authority. It also provides a
framework for resolving disputes and protecting individual rights.

Overall, the rule of law is a cornerstone of democracy, and without it, societies would be vulnerable to corruption,
oppression, and injustice.

Q10: Write short notes on any TWO of the following:

 Define law of Tort

 Equity and Trust
 Law and Morality

Ans:

Law of Tort: The law of tort refers to the branch of civil law that deals with civil wrongs or harms caused by one person
to another. These wrongs can be intentional or unintentional and may result in injury, loss or damage to the other party.
Examples of torts include negligence, defamation, trespass, and nuisance. The primary aim of the law of tort is to
provide compensation to the injured party and to deter others from committing similar wrongs.

Equity and Trust: Equity and trust are two related concepts in the legal system. Equity refers to a set of legal principles
that are used to supplement and modify the common law. It developed as a response to the rigid and inflexible nature
of common law rules. Equity is concerned with fairness and justice and aims to provide a remedy when the common law
fails to do so. Trust, on the other hand, refers to a legal relationship in which one person (the trustee) holds property or
assets for the benefit of another person (the beneficiary). Trust law is governed by the principles of equity and has a
wide range of applications, including in family law, commercial law, and estate planning.

Law and Morality: Law and morality are closely related concepts, but they are not the same. Morality refers to a set of
values, beliefs, and principles that are used to determine what is right and wrong. Law, on the other hand, refers to a set
of rules and regulations that are enforced by the state to govern behavior within society. While there is some overlap
between the two, there are also significant differences. For example, some actions that are considered immoral may not
be illegal, and vice versa. The relationship between law and morality is complex and has been the subject of debate
among legal scholars for centuries.

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PAST PAPER 2016

Section-III Introduction of law:

Q1: Explain what is meant by “Function of Law” and the “Training of the Lawyers”. What skills are required for modern
lawyers?

Ans: The function of law refers to the role and purpose of laws in society, which is primarily to maintain order and justice
and to regulate human behavior. The law serves as a framework for resolving disputes, protecting individual rights, and
promoting social welfare. It provides a set of rules and procedures that help ensure fairness and equality in society.

The training of lawyers refers to the education and preparation required to become a lawyer. It involves acquiring
knowledge of legal principles, research and analytical skills, and practical experience in legal practice. The training of
lawyers typically involves a combination of academic study, apprenticeship, and continuing education.

Modern lawyers require a range of skills to succeed in the legal profession, including:

 Legal knowledge: Lawyers must have a thorough understanding of the law and legal principles, as well as the
ability to interpret and apply legal statutes and regulations.
 Analytical skills: Lawyers need strong analytical skills to analyze complex legal issues and develop effective legal
strategies.
 Communication skills: Lawyers must be able to communicate effectively with clients, judges, and other legal
professionals, both in written and oral form.
 Problem-solving skills: Lawyers must be able to identify legal issues and develop creative solutions to resolve
disputes.
 Negotiation skills: Lawyers need strong negotiation skills to reach settlements and agreements on behalf of their
clients.
 Ethical standards: Lawyers must adhere to high ethical standards and maintain client confidentiality while
representing their clients.

Overall, the function of law and the training of lawyers are crucial elements in maintaining an orderly and just society,
and modern lawyers require a range of skills to succeed in the legal profession.

Q2: Discuss the relationship between Law and Morality in Islamic and Westen law.

Ans: The relationship between law and morality has been a subject of debate in both Islamic and Western legal
traditions. In general, law is considered to be a set of rules that govern human behavior, while morality refers to the
principles that guide human behavior in relation to what is considered right and wrong.
In Islamic law, there is a strong connection between law and morality. Islamic law is based on the principles of Sharia,
which includes both legal and moral norms. The Islamic legal system seeks to ensure that individuals act in accordance
with moral principles, which are considered to be divinely ordained. Islamic law also recognizes that individuals have
free will and are responsible for their actions. As a result, the legal system seeks to promote individual responsibility and
accountability.

In Western legal traditions, there is also a connection between law and morality. However, this connection is less direct
than in Islamic law. Western legal systems are generally based on the idea of individual rights and freedoms, rather than
on moral principles. The legal system seeks to protect these rights and freedoms, while also ensuring that individuals act
in a way that does not harm others.

There are also different views within Western legal philosophy regarding the relationship between law and morality.
Some argue that law should be based on moral principles, while others argue that the law should be separate from
morality and that moral principles should be left to individuals to decide.

In summary, while there is a connection between law and morality in both Islamic and Western legal traditions, the
nature of this connection differs. Islamic law is based on the principles of Sharia, which includes both legal and moral
norms, while Western legal systems are generally based on the idea of individual rights and freedoms.

Q3: Discuss and define the basic principles of Legal drafting. What are their effects on Legal Proceeding?

Ans:

1. Legal drafting is the process of creating legal documents such as contracts, agreements, wills, and other legal
instruments. The basic principles of legal drafting are as follows:
2. Clarity: Legal documents must be clear and concise, using simple language that is easily understood by the
parties involved. Ambiguity or vagueness in legal drafting can lead to confusion and legal disputes.
3. Accuracy: Legal documents must accurately reflect the intentions of the parties involved, leaving no room for
interpretation or misinterpretation.
4. Completeness: Legal documents must be complete, covering all relevant aspects of the subject matter and
addressing all possible contingencies.
5. Consistency: Legal documents must be consistent with other relevant legal documents, such as statutes,
regulations, and case law, and with the parties’ intentions.
6. Cohesion: Legal documents must be well-organized and logically structured, with clear headings and
subheadings, and with related clauses grouped together.
7. Avoidance of legalese: Legal documents should be written in plain English, avoiding technical jargon and legalese
that may be difficult for laypersons to understand.

These principles have several effects on legal proceedings. Well-drafted legal documents can prevent
misunderstandings, reduce the likelihood of legal disputes, and provide a clear and unambiguous record of the parties’
intentions. They can also save time and money by avoiding the need for costly legal proceedings and by facilitating the
resolution of disputes. In contrast, poorly drafted legal documents can lead to confusion, disputes, and litigation,
resulting in wasted time and resources for all parties involved.

Q4: Write short notes on any TWO of the following:

 Crimes and Civil wrongs

 Ratio decidendi and obiterdictum
 Natural law of theory
 Importance of legal Maxims
Ans: Crimes and Civil Wrongs: Crimes are wrongful acts that violate the criminal law, while civil wrongs are wrongful acts
that violate civil law. Criminal wrongs are typically offenses that threaten the public welfare or safety, while civil wrongs
are private wrongs that cause harm to an individual or their property. Criminal cases are initiated by the government,
while civil cases are initiated by individuals.

Ratio Decidendi and Obiter Dictum: Ratio decidendi refers to the legal reasoning behind a court decision that is binding
and must be followed in future cases. Obiter dictum refers to statements made by the judge in a court decision that are
not part of the legal reasoning and are therefore not binding.

Natural Law Theory: Natural law theory is a philosophical belief that there are certain moral and ethical principles that
are inherent in human nature and can be discovered through reason. These principles are believed to form the basis for
a just legal system.

Importance of Legal Maxims: Legal maxims are principles of law that have been established over time and are often
used in legal writing and arguments. They provide a concise and easily remembered way to express legal concepts and
principles. Legal maxims can also help ensure consistency in the application of the law.

Section-II Source of Law:

Q5: What are Precedents? Explain the importance and kinds of precedents in western jurisprudence.

Ans: Precedents are previously decided cases that are used as a basis for deciding similar cases in the future. They are an
important part of the common law system, which relies on the principle of stare decisis, meaning to stand by decisions
already made.

The importance of precedents lies in the fact that they provide guidance to judges in deciding cases, promote
consistency and predictability in the legal system, and ensure that similar cases are treated similarly. They also help to
maintain the stability of the law, as the law is not subject to constant change but rather evolves gradually through the
development of new precedents.

There are two main kinds of precedents in western jurisprudence: binding and persuasive. A binding precedent is one
that a court must follow, such as a decision of a higher court in the same jurisdiction. A persuasive precedent, on the
other hand, is one that a court may consider but is not bound to follow, such as a decision from a lower court or from a
different jurisdiction.

Within the category of binding precedents, there are two subcategories: vertical and horizontal. Vertical precedents are
those set by higher courts, which must be followed by lower courts in the same jurisdiction. Horizontal precedents are
those set by courts of equal authority, which are not strictly binding but may be given more weight depending on the
circumstances of the case.

In addition to these kinds of precedents, there are also declaratory and overruling precedents. A declaratory precedent
is one that merely restates existing law, while an overruling precedent is one that expressly overturns or reverses a
previous precedent.

Q6: Define Customs and Explains the difference between Customs and Law.

Ans: Customs refer to practices, traditions, and behaviors that are widely accepted and followed within a specific
community or society. Customs can have legal implications and can be recognized as a source of law in some legal
systems.
The main difference between customs and law is that law is a formal system of rules and regulations that are enforced
by the state or other authorized institutions. Law is codified and written down in statutes and legal codes, and it is
enforced through the judicial system.

In contrast, customs are often unwritten and informal, and they are based on the collective practices and traditions of a
particular community. Customs can be recognized as a source of law in some legal systems, but they do not have the
same formal status as law.

Another key difference between customs and law is that law is created and enforced by a centralized authority, whereas
customs arise organically from the community itself. Customs are often based on shared values and beliefs, and they can
evolve and change over time in response to shifting social norms and cultural trends.

Overall, while customs and law are both important sources of social norms and rules, they differ in their formal status,
enforcement mechanisms, and origins.

Q7: The Quran is the fundamental source of Islamic Law. Explain.

Ans: The Quran is the primary source of Islamic Law, which provides guidance to Muslims in all aspects of their lives,
including their legal and ethical obligations. Muslims believe that the Quran is the word of God revealed to the Prophet
Muhammad over a period of 23 years. It is considered to be a complete and comprehensive code of conduct for
Muslims, providing guidance on everything from personal hygiene to commercial transactions and criminal law.

The Quran is the ultimate authority in Islamic Law, and it is considered to be the final and unchangeable word of God.
Islamic jurists and scholars have developed a complex system of legal interpretation known as fiqh, which is based on
the Quran and other sources, including the Sunnah (the practices and teachings of the Prophet Muhammad), the ijma
(consensus of the scholars), and qiyas (analogical reasoning).

The Quran provides a framework for Islamic Law, and it contains general principles that are applied to specific situations
through the process of legal interpretation. Islamic legal scholars use a variety of tools and methodologies to interpret
the Quran and derive legal rulings, including language analysis, contextual analysis, and analogical reasoning.

In summary, the Quran is the fundamental source of Islamic Law, and it provides a comprehensive code of conduct for
Muslims. Islamic legal scholars use a variety of tools and methodologies to interpret the Quran and derive legal rulings,
which form the basis of Islamic Law.

Q8: Explain any Two of the following:

 Sunnah or Hadith
 Mujtahid
 Qiyas
 Supreme or Subordinate legislation

Ans: Sunnah or Hadith: Sunnah or Hadith refers to the collection of sayings, actions, and practices of the Islamic prophet
Muhammad. It is considered as the second source of Islamic Law after the Quran. The sayings and practices of the
Prophet Muhammad are recorded in books of Hadith, and these books are relied upon by Islamic scholars and jurists to
derive legal rulings.

Mujtahid: In Islamic Jurisprudence, Mujtahid refers to a scholar who is qualified to engage in independent reasoning and
derive legal rulings from primary sources of Islamic Law, such as the Quran and Hadith. Mujtahid has extensive
knowledge of Islamic Law, principles of Jurisprudence, and Arabic language.
Qiyas: Qiyas is a method of legal reasoning used in Islamic Jurisprudence to derive legal rulings from primary sources of
Islamic Law. It involves analogical reasoning by comparing a new case to an existing case with similar characteristics.
Qiyas is used when primary sources of Islamic Law do not provide a clear ruling on a particular matter.

Supreme or Subordinate legislation: Supreme legislation refers to laws that are made by the highest legislative authority
in a country, such as the constitution or parliament. These laws are binding on all other authorities and individuals in the
country. Subordinate legislation, on the other hand, refers to laws made by authorities or bodies that are subordinate to
the highest legislative authority, such as regulations, orders, and by-laws. These laws are subject to review and can be
challenged if they go against the supreme legislation.

Overall, these concepts are important in Islamic Law and legislative systems as they provide methods for legal reasoning
and decision-making, and help to ensure the consistency and coherence of legal systems.

Section-III Classification of Law

Q9: Explain the Public and Private International law.

Ans: Public International Law and Private International Law are two branches of International Law.

Public International Law deals with the relationship between nation-states, international organizations, and individuals,
while Private International Law (also known as Conflict of Laws) deals with the resolution of conflicts of laws and
jurisdiction between individuals, corporations, and other private entities in different countries.

Public International Law covers areas such as treaties, the law of the sea, human rights, humanitarian law, diplomatic
relations, international organizations, and the use of force. It is concerned with the rights and obligations of nation-
states in their relations with each other.

Private International Law, on the other hand, deals with issues such as contracts, torts, property, and family law, where
parties involved are from different countries. It is concerned with determining which country's law should apply in a
particular case and which court has jurisdiction to hear the case.

In summary, Public International Law governs the relationship between nation-states, while Private International Law
deals with the resolution of conflicts of laws between private entities in different countries.

Q10: Define Criminal and Civil Law.

Ans: Criminal law and civil law are two distinct areas of law that deal with different types of legal cases.

Criminal law refers to the body of law that deals with crimes, or actions that are considered to be harmful to society as a
whole. It defines what constitutes a crime, outlines the punishment for those who commit crimes, and sets out the
procedures for investigating and prosecuting criminal offenses. Examples of criminal offenses include theft, murder,
assault, and drug trafficking.

Civil law, on the other hand, is the body of law that deals with disputes between individuals, organizations, or
businesses. It covers a wide range of legal issues, including contracts, property rights, family law, and torts (civil wrongs
such as negligence, defamation, or breach of contract). Civil law aims to provide compensation or remedy for the
wronged party, rather than punishment for the wrongdoer.

In summary, criminal law deals with offenses against the state or society as a whole, while civil law deals with disputes
between individuals or entities.
Q11: Write short notes on any TWO of the following:

1. Administrative Law 2. Personal Law 3. Law and Equality

Ans: Administrative Law: Administrative law is a branch of law that deals with the legal principles and regulations
governing government agencies and officials. It sets out the procedures and rules that must be followed by
administrative bodies, and also provides a framework for legal recourse when an administrative decision is challenged. It
covers areas such as licensing, permits, taxation, and regulation of public services. Administrative law is a crucial area of
law in modern society, as it governs the actions of government bodies that affect the daily lives of citizens.

Personal Law: Personal law refers to the legal rules and regulations that govern matters such as marriage, divorce,
inheritance, and succession. Personal law is often based on religious or cultural traditions, and is distinct from civil law,
which governs other aspects of life such as property and contracts. In many countries, personal law is codified and
enforced by the state, while in others it may be left to religious or community authorities.

Law and Equality: The principle of equality is a fundamental principle of law, and is enshrined in many national and
international legal systems. It means that all people should be treated equally before the law, and should have equal
access to legal rights and protections. This principle is closely linked to the concept of justice, and is an essential part of
ensuring a fair and just society. In practice, however, achieving true equality in the law can be challenging, and there are
many legal and social barriers that must be overcome. Efforts to promote equality in the law include anti-discrimination
legislation, affirmative action policies, and human rights protections. THE END