AP Inter 1st Year Civics Important Questions Chapter 4 Law

Students must practice these AP Inter 1st Year Civics Important Questions 4th Lesson Law to boost their exam preparation.

AP Inter 1st Year Civics Important Questions 4th Lesson Law

Long Answer Questions

Question 1.
Define Law. Explain its various sources.
Answer:
Definitions: The term ‘Law’ is defined by many political thinkers in different ways. They are:

“Law is the command of the soverign containing a common rule of life for his subjects and obliging them to obedience.” – John Erskin
“Law is a general rule of external human action enforced by a sovereign political authority.” – T.E. Holland
“Law is the collection of principles recognised and applied by the state in the administration of justice.” – John Salmond

Sources of Law:
Law is a product of history. It has passed through various stages of development. In legal sense, the state is the main source of law. Prof T.E. Holland mentioned six sources of law. They are 1) Customs 2) Religion 3) Judicial Decisions 4) Scientific commentaries 5) Equity 6) Legislature. They may be explained as follows.

1. Customs:
Customs are regarded as the earliest source of law. In ancient period disputes between individuals were settled in accordance with the prevailing social customs. These customs, rituals and traditions in course of time became a basis for social life. They have immense utility. They promoted order in society. In due course, practices became usages. These customs were generally accepted by the community because of their general utility. As long as social relations were simple, customs provided the rules for promoting common interests. Marriage laws, social and moral customs are regarded as the by-products of social system at various points of time.

2. Religion:
In ancient period, customs and religion were closely related to each other. The ancient city states were governed on the basis of divine laws. The early priests, kings and magicians played a key role in making laws supported by religion. These laws had the divine and spiritual sanctions. Religion served as the basis of laws in many states. The origin of the Hindu laws in India can be traced in the code of Manu. The origin of Mohammadan law can be traced in Sharieath. The proper sense of divine law is revealed to man from God. God is the ultimate source of divine law.

3. Judicial Decisions:
Judicial Decisions are the most important source of law. At present, social life has become, more and more complex. As a result customs and religions could no longer be considered as adequate source of law. The judgements given by the tribal leaders in settling the disputes between the individuals and group in primitive society became a source of law. In a democratic state, legislature makes the laws, executive implements them and judiciary interprets them. The judges settle various disputes and review the constitutional propriety of laws.

4. Scientific Commentaries:
Scientific Commentaries are another important source of law. The great views, comments and works of eminent jurists on law help in the formation of laws. Greater importance is assigned to the opinions of judges, jurists and lawyers in the formulation of laws. In the course of their commentaries the jurists point out the drawbacks in law, and suggest the solutions. These are applicable to anyone. In India Yajnavalka, the author of “Neetisara” occupies a prominent place; Similarly Holebrooke and Blackstone in England are regarded as eminent jurists whose comments and scientific discussions on law were universally accepted as expositions on law.

5. Equity:
The term Equity’ stands for the principles of fairness and justice. When the existing laws are inadequate, judges use their common sense and fair understanding to give relief to the party concerned. Equity is derived from the principle of natural justice. It is viewed as judge made law. In this regard Henry Maine stated that equity is a born of rules existing by the side of the original civil law founded on distinct principles.

6. Legislature:
Legislature is another important source of law in democracy. Most of the laws are passed by the legislative branch of the government. Legislature is considered as the direct source of law. Democracy became a significant element in enacting laws in modern times. While formulating laws, legislature represents the voice of the general public. The party in power and opposition in the legislature represent the legitimate demands of the people.

Question 2.
What is meant by law? Discuss its features. [May. 2016]
Answer:
Meaning: The term ’Law’ is derived from the teutonic route (German) “Lag” which means “to lay”, “to set” or something fixed. In other words, law is defined as a rule of conduct imposed by a sovereign political authority. The second dimension is that the word ‘Law’ had its roots in the Latin words “Jus & Jungere” which mean bond or tie. The literal meaning of law denotes that it is a bond or systematic code of conduct which regulates the external behaviour of man by the sovereign political authority. Government formulates laws with a specific objective.

Features of Law: The features of law may be explained as follows.

Law comprises some rules and regulations which are approved by the sovereign.
It is enforced by the state. It is valid because it is sanctioned by the state.
It is definite, precise and universal.
It reflects the will of the people.
Any violation of law leads to punishment.
Laws are compulsory and cohesive in nature.
Law aims at securing and promoting the individual and general welfare.
Law is dynamic as it goes on changing according to the needs of the people.

Question 3.
Explain Maclver’s classification of Laws.
Answer:
Maclver classified law into two types, namely i) Natural law ii) Positive law. Positive law is further divided into National Law and International law.
National Law is further grouped into Constitutional law and Ordinary Law.
Ordinary Law is again classified into Public law and Private Law.
Public Law is further divided into Administrative law and General Law.
General Law is divided into Statutory law, Case law and Common law.

The above classification of law may be explained as follows:
1. Natural Law:
Natural law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as the gift of nature based on metaphysical power.

2. Positive Law:
Positive law is created by the human agency. It is also known as political law. It is framed on the basis of the existing social and political conditions. It is the sanctioned by the sovereign political authority. Positive Law is further classified into two categories. National Law and International Law. National Law is also known as Municpai Law or Law of the state. It confines to the territorial limits of the state. It, enforced by the sovereign, is applicable to all the people in a state. International Law is one which regulates the cordial relations among various states. It has no coercive power. International covenants approved by the United Nations are examples of this Law. National Law is further divided into two categories – Constitutional Law and Ordinary Law.

3. Constitutional Law:
Constitutional Law is basically different from Ordinary Law. It is the supreme law of T a state. It determines the structure of the government. It explains the relationship among the organs of government.

4. Ordinary Law:
Ordinary law is subordinate to the constitutional law. It is formulated and enforced by the competent authority of the state. It explains the relations of the citizen with the society, government and state. It is backed by customs, usages and religion. Ordinary law is divided into public and private law.

5. Public Law:
Public law regulates the relations between state and individuals. It explains the basic structure and functions of the state.

6. Private Law:
Private law determines and regulates the relations among individuals. It prescribes the conduct of individuals in society. Public law is further divided into administrative law and general law.

7. Administrative Law:
Administrative law plays an important role in the smooth functioning of administration. It regulates the administrative relations between the authorities and people.

8. General Law:
General law determines the relations between ordinary citizens and the state. This law is further classified into statutory law and common law.

9. Statutory Law:
Statutory law is the greater part of modern law. It is enacted by the legislature of a state for the day-to-day administration.

10. Common Law:
Common law is a customary law. It is a product of customs and traditions. The courts accept common law as a part of the legal system.

Question 4.
Define Law. Describe the relation between Law and Liberty.
Answer:
Definitions: The term ‘Law’ is defined by many political thinkers in different ways. They are:

“Law is the command of the soverign containing a common rule of life for his subjects and obliging them to obedience.” -John Erskin
“Law is a general rule of external human action enforced by a sovereign political authority.” – T. E. Holland
“Law is the collection of principles recognised and applied by the state in the administration of justice.” -JohnSalmond

Relation between Law and Liberty:
There is no unanimity of opinion among political thinkers regarding the relationship between law and liberty. There are two different opinions. They are i) Law and Liberty are antithetical, ii) Law and Liberty are complementary.

i) Law and Liberty are Antithetical:
The champions of individual freedom believed that law always restricts the activities of human beings. Law does not allow the citizens to do whatever they like. Individualists like J.S. Mill, Herbert Spencer, David Ricardo, Adam Smith, Marshall and Anarchists like Proudhan, Bakunin and Kropotkin believed that law always infringes on individual’s liberty. The state is the principal agency which destroys individual liberties. Law always restricts individual’s freedom. It will not allow the citizens to take active part in the affairs of state and government. Similarly, it becomes a hurdle in performing the economic activities of the nation. The recent liberalised economic policies in many countries changed the pace of their economies. These policies enabled the people to freely participate in economic activities. They provided scope for competition between national and global markets without any stringent economic loss. Therefore, Individualists believed that state is a necessary evil institution. They stated that government is the best which governs the least. Law imposes restrictions over individual’s activities. Individuals cannot develop their personality unless they are free from restrictions. Therefore law and liberty are antithetical to each other.

ii) Law and Liberty are Complementary:
The socialists and communists viewed that law and liberty are complementary to each other. They regarded the state as a welfare agency. The state can ensure a better and just social order through its legal mechanism. Law imposes restraints essential for the social welfare. It is a fact that the capitalist class exploited the working class. The state shall eradicate the evils of exploitation by making necessary laws. Freedom is not absolute. So the state must impose necessary restrictions on the enjoyment of rights of the people. Laski says that “Law comes very close to the world of liberty that demands observance of common rules which bind the conduct of men in their civilized collective life.” The idealists believed that state is a moral agency. The State represents the general will of the community. Hence, every law of the state must be observed by the people. Individuals will be free when they obey the laws of the state. The Fascists gave a practical expression of the relation between law and liberty. Mussolini gave a slogan ‘Nothing against the state’. Law always protects the interests of the people. Therefore both the concepts of law and liberty are complementary to each other.

Short Answer Questions

Question 1.
Define law and mention the features of law.
Answer:

Austin defines “Law is the command of the sovereign.”
Holland defines ” Law is a general rule of external human action enforced by a sovereign political authority.”

Features of Law:

Law comprises some rules and regulations which are approved by the sovereign.
It is enforced by the state. It is valid because it is sanctioned by the state.
It is definite, precise and universal.
It reflects the will of the people.
Any violation of law leads to punishment.
Laws are compulsory and cohesive in nature.
Law aims at securing and promoting the individual and general welfare.
Law is dynamic as it goes on changing according to the needs of the people.

Question 2.
Discuss different kinds of Law.
Answer:
Law is of different kinds in nature. Its different kinds may be discussed as follows. Law is broadly classified into two types. They are 1) National Law and 2) International law.

1. National Law:
This law is confined to the territorial limits of the state. It is enforced by the sovereign authority of the state.

2. International Law:
This law regulates the relations among the various independent states. National law is further divided into two kinds. They are – constitutional law and ordinary law.

3. Constitutional Law:
This is the basic law of the state. It explains the relationship among the organs of the government.

4. Ordinary Law:
This law explains the relations of the citizens with the society, government and state. This law is divided into public law and private law.

5. Public Law:
This law regulates the relations between state and individuals.

6. Private Law:
This law regulates the relations among the individuals. Public law is further divided into two kinds. They are Administrative law and general law.

7. Administrative Law:
This law regulates the administrative relations between the authorities and the people.

8. General Law:
This law regulates the relations between ordinary citizens and the state. General law is further classified into statutory law and common law.

9. Statutory Law:
This law will be made by the legislature of the state for the day- to- day administration.

10. Common Law:
This law is a product of customs and traditions. The courts accept common law as a part of the legal system.

Question 3.
Write about any three sources of Law. (or) Law Define. [Sep. 2021]
Answer:
1. Customs:
Customs are regarded as the earliest source of law. In ancient period disputes between individuals were settled in accordance with the prevailing social customs. These customs, rituals and traditions in course of time became a basis for social life. They have immense utility. They promoted order in society. In due course, practices became usages. These customs were generally accepted by the community because of their general utility.

Question 4.
Distinguish between Law and Morality.
Answer:
Differences between Law and Morality:

Law

Law is concerned with the external behaviour of individuals.
Law is a concern of the state.
Law is backed by the coercive power.
Law is definite and precise.
Law acts within the territory of a state.
Law is enacted with a specific objective.
Laws are sanctioned by the sovereign.
Law is the subject matter of Political Science.
Violation of law leads to punishment.

Morality

Morality is concerned with the whole life of individuals.
Morality is concerned with individual conscience.
Public opinion and individual conscience lie behind morality.
Morality is vague and uncertain.
Moral principles are universal in nature.
Moral principles are inherent in society.
Moral principles are sanctioned by the society.
Moral principles are the subject matter of ethics.
Violation of moral principles does not involve punishment.

Question 5.
“Law and Liberty are antithetical.” – Analyse this statement.
Answer:
The champions of individual freedom believed that law always restricts the activities of human beings. Law does not allow the citizens to do whatever they like. Individualists like J.S. Mill, Herbert Spencer, David Ricardo, Adam Smith, Marshall and Anarchists like Proudhan, Bakunin and Kropotkin believed that law always infringes on individual’s liberty. The state is the principal agency which destroys individual liberties. Law always restricts individual’s freedom. It will not allow the citizens to take active part in the affairs of state and government. Similarly, it becomes a hurdle in performing the economic activities of the nation. The recent liberalised economic policies in many countries changed the pace of their economies. These policies enabled the people to freely participate in economic activities. They provided scope for competition between national and global markets without any stringent economic loss. Therefore, Individualists believed that state is a necessary evil institution. They stated that government is the best which governs the least. Law imposes restrictions over individual’s activities. Individuals cannot develop their personality unless they are free from restrictions. Therefore law and liberty are antithetical to each other.

Question 6.
How are Law and Liberty complementary?
Answer:
The socialists and communists viewed that law and liberty are complementary to each other. They regarded the state as a welfare agency. The state can ensure a better and just social order through its legal mechanism. Law imposes restraints essential for the social welfare. It is a fact that the capitalist class exploited the working class. The state shall eradicate the evils of exploitation by making necessary laws. Freedom is not absolute. So the state must impose necessary restrictions on the enjoyment of rights of the people. Laski says that “Law comes very close to the world of liberty that demands observance of common rules which bind the conduct of men in their civilized collective life.” The idealists believed that state is a moral agency. The State represents the general will of the community. Hence, every law of the state must be observed by the people. Individuals will be free when they obey the laws of the state. The Fascists gave a practiced expression of the relation between law and liberty. Mussolini gave a slogan ‘Nothing against the state’. Law always protects the interests of the people. Therefore both the concepts of law and liberty are complementary to each other.

Question 7.
In what way are Law and Morality related to each other?
Answer:
Law and morality are considered as the basic pillars of social institutions. The two elements play a vital role in the maintenance of peace, security and prosperity in society. They have different versions with common objective. They are interrelated and interdependent. Some political philosophers believed that law and morality are one and the same. In this context R.G. Gettle stated thus: “Law and morality were both identical. Both arise as a result of habits and experience in primitive social life when moral and social lives were not separate.” In spite of certain differences, Law and Morality are meant for common welfare.

Law and morality differ in severed aspects. Law regulates the external behaviour of individuals. On the other hand, morality is concerned with the whole life of individual. It covers his inner motives as well as external acts. It controls the internal feelings of individual on the basis of good and bad. Law and Morality became distinct with the advancement of civilisation. At present, they differ in their scope, contents, sanction and precision. Both deal with individual as a moral agent of society. For instance, in ancient India the term Dharma denotes both law and morality. The Greek political philosophers identified the two as same. On the whole the differences between Law and Morality may be illustrated in the following table.

Differences between Law and Morality:

Law

Law is concerned with the external behaviour of individuals.
Law is a concern of the state.
Law is backed by the coercive power.
Law is definite and precise.
Law acts within the territory of a state.

Morality

Morality is concerned with the whole life of individuals.
Morality is concerned with individual conscience.
Public opinion and individual conscience lie behind morality.
Morality is vague and uncertain.
Moral principles are universal in nature.

Very Short Answer Questions

Question 1.
Explain the origin of the term ‘Law’. [March. 2019]
Answer:
The term ‘Law’ is derived from the teutonic word ‘Lag’ which means to lay, ‘to set’ or something fixed. In other words, law is defined as a rule of conduct imposed by a sovereign political authority.

Question 2.
Write any two definitions of Law.
Answer:

Holland defines “Law is a general rule of external human action enforced by the sovereign political authority.”
Salmond defines “Law is the collection of principles recognised and applied by the state in the administration of justice.” .

Question 3.
What are the features of Law? [March. 2018; March. 2017-A.P]
Answer:

Law comprises some rules and regulations which are approved by the sovereign.
Laws are enforced by the state, They are valid because they are sanctioned by the state.
Laws are definite, precise and universal.

Question 4.
Define the term “Rule of Law”. [May. 2022; March 2019,’17,’16.’15; May. ’17]
Answer:
Dicey defines “Rule of Law stands for equality before the law”. It is originated from the British constitution. It is applicable to all the citizens living in the state without any discrimination on the basis of race, religion, region, caste, colour, creed and sex, etc.

Question 5.
What is Natural Law? [Sep. 2021; Mar. ‘2020; May. 2016]
Answer:
Natural law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as the gift of nature based on metaphysical power. It refers to the use of reason to analyse human nature. It is said to be written in the heart of human beings by the fingers of God.

Question 6.
What do you mean by Administrative Law? [May. 2022]
Answer:
Administrative law regulates the administrative relations between the authorities and people. It helps the government to bring reforms in the sphere of development and welfare programmes. Many countries achieved rapid progress due to the adoption of administrative law. It brings discipline among the personnel in the government.

Question 7.
Write any three sources of Law. [March 2020]
Answer:

Customs and traditions
Religion
Judicial decisions

Question 8.
What is Constitutional Law? [March. 2018; May. ’17,’16]
Answer:
This is a basic law of any state. All the basic principles of administration are included in this one. It defines the political system. The constitutional law is framed by the Constituent Assembly, separately formed for that purpose. All other laws in the state are subservient to constitutional law. It protects the rights of the citizens.

Question 9.
What do you know about Administrative Law ?
Answer:
Administrative law regulates the administrative relations between the authorities and people. It helps the government to bring reforms in the sphere of development and welfare programmes. Many countries achieved rapid progress due to the adoption of administrative law. It brings discipline among the personnel in the government.

Question 10.
Define Public Law.
Answer:
Public law regulates the relations between state and individuals. It explains the basic structure and functions of the state. It covers the basic rights of the individuals against the interference of the state. It must be followed by the citizens. Its violation leads to punishment.

Question 11.
What is Ordinance?
Answer:
Ordinance is a ‘command’ or ‘order’ issued by the sovereign authority of the state. Usually the sovereign authority issues the ordinance during the recess of the legislative session. It carries equal significance with that of law. The legislative body shall have to approve the ordinace within the stipulated time, otherwise ordinance stands cancelled.

Question 12.
Define the terms “JUS & JUNGERE”. [March 2015-A.P]
Answer:
Law has its roots in the Latin words “JUS & JUNGERE” which means bond or tie. The literal meaning of law denotes that it is a bond or systematic code of conduct which regulates the external behaviour of man by the sovereign political authority.

Question 13.
What are the approaches for the study of Law?
Answer:
There are six approaches for the study of law. They are

Analytical approach
Historical approach
Philosophical approach
Comparative approach
Sociological approach
Marxian approach

Question 14.
Define the term Equity.
Answer:
The term ‘Equity’ stands for the principles of fairness’ and ‘justice’. When the existing laws are inadequate, judges use their common sense and fair understanding to give relief to the party concerned. Equity is derived from the principle of natural justice.

Question 15.
What are Scientific Commentaries?
Answer:
Scientific commentaries are another important source of law. The great views, comments and works of eminent jurists on law help in the formation of laws. Greater importance is assigned to the opinions of judges, jurists and lawyers in the formulation of laws. For example, Yagnavalka in India, Hole Brooke and Blackstone in England.

Question 16.
What is the role of Legislatures in law making process?
Answer:
Legislature plays an important role in law making process. Legislatiure is considered as the direct source of law, because all the laws are passed by the legislatures in the modern democratic countries.

AP Inter 1st Year Civics Important Questions 4th Lesson Law

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