Legal Systems and Sources of Law
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Questions and Answers

What aspect of law must continue to change to keep up with society?

  • The enforcement mechanisms of the law
  • The types of legal systems
  • The sources of law
  • The definition and scope of law (correct)

According to Austin, where does law originate from?

  • The will of the people
  • Custom and tradition
  • Divine principles
  • Sovereign authority (correct)

What are the formal sources of law according to Salmond?

  • Sources that derive the forces and validity of law (correct)
  • Sources derived from historical practices
  • Sources that originate from divine texts
  • Sources that provide the matter of law

Which of the following is considered a historical source of law?

<p>Unauthoritative rules that turned into legal principles (A)</p> Signup and view all the answers

Which of the following statements reflects a misunderstanding about the sources of law?

<p>Legal principles should remain unchanged over time. (D)</p> Signup and view all the answers

What is a key distinction between common law and civil law systems?

<p>Common law systems utilize legislation and judicial precedents. (A)</p> Signup and view all the answers

What are material sources of law concerned with?

<p>Composing the matter of law (B)</p> Signup and view all the answers

Which of these sources is NOT a binding principle governing human conduct?

<p>Societal norms (D)</p> Signup and view all the answers

What is the total number of judges fixed by the Act of Parliament for the Supreme Court?

<p>17 (B)</p> Signup and view all the answers

What is one of the qualifications required to be appointed as a judge of the Supreme Court?

<p>5 years’ experience as a High Court Judge (D)</p> Signup and view all the answers

Which type of jurisdiction does the Supreme Court exercise concurrently with High Courts?

<p>Original jurisdiction for Fundamental Rights (D)</p> Signup and view all the answers

How many justices constitute the Lahore High Court?

<p>60 (C)</p> Signup and view all the answers

What is the minimum experience required for someone to qualify as a judge in the High Court?

<p>10 years as an advocate of a High Court (C)</p> Signup and view all the answers

What authority does the High Court have over subordinate courts?

<p>Supervises and controls all subordinate courts (A)</p> Signup and view all the answers

How many judges comprise the Federal Shariat Court?

<p>8 (A)</p> Signup and view all the answers

Who was responsible for appointing judges to the Federal Shariat Court before the 18th and 19th amendments?

<p>The President (C)</p> Signup and view all the answers

Who serves as the Chairman of the Judicial Commission responsible for the appointment of judges to the Federal Shariat Court?

<p>The Chief Justice of Pakistan (B)</p> Signup and view all the answers

What is the role of the 8-member Parliamentary Committee in the appointment of judges to the Federal Shariat Court?

<p>Review the Judicial Commission's recommendation (D)</p> Signup and view all the answers

What is the minimum majority required for the Parliamentary Committee to reject a recommendation for the appointment of a judge?

<p>Three-fourth majority (B)</p> Signup and view all the answers

In the appointment process of the Chief Justice of the Federal Shariat Court, who is excluded from the Judicial Commission?

<p>The most senior judge of the Federal Shariat Court (A)</p> Signup and view all the answers

Which entities provide funding for the judiciary at the provincial level?

<p>Provincial governments (B)</p> Signup and view all the answers

What type of courts are included under the category of Subordinate Judiciary?

<p>Civil and criminal courts (A)</p> Signup and view all the answers

What is the function of the High Court in relation to subordinate courts?

<p>Exercise administrative control over subordinate courts (C)</p> Signup and view all the answers

How are the jurisdictions and powers of special courts defined?

<p>In the statutes that create them (A)</p> Signup and view all the answers

What happens to a bill pending in the National Assembly when the National Assembly is dissolved?

<p>It is considered lapsed if not passed by Senate. (A)</p> Signup and view all the answers

Under what condition can the President promulgate an ordinance according to the Constitution?

<p>When the National Assembly is not in session and immediate action is necessary. (A)</p> Signup and view all the answers

What is the maximum period an ordinance can remain in effect without parliamentary approval?

<p>120 days (D)</p> Signup and view all the answers

What distinguishes a Money Bill from other types of bills in the National Assembly?

<p>It originates only in the National Assembly. (B)</p> Signup and view all the answers

What occurs to an ordinance not repealed by parliament within the stipulated time?

<p>It is automatically repealed. (B)</p> Signup and view all the answers

When are the Senate's recommendations for a Money Bill binding on the National Assembly?

<p>When the National Assembly chooses to follow them. (D)</p> Signup and view all the answers

What happens to a Money Bill once it is passed by the National Assembly?

<p>It is presented directly to the President for assent. (C)</p> Signup and view all the answers

In the context of assembly dissolution, which statement is true regarding pending bills?

<p>Bills not passed by the National Assembly but pending in Senate do not lapse. (D)</p> Signup and view all the answers

Which of the following is NOT listed as an advantage of precedent?

<p>Development of laws restricted (D)</p> Signup and view all the answers

What is the primary reason customs become regarded as law?

<p>They receive community approval as principles of justice (D)</p> Signup and view all the answers

How has the role of customs as a source of law changed with the growth of legal systems?

<p>Its importance has diminished (D)</p> Signup and view all the answers

What is a consequence of having outdated precedents?

<p>They must still be followed (A)</p> Signup and view all the answers

Which factor is critical for a custom to transition into law?

<p>Widespread acceptance and formal expression (B)</p> Signup and view all the answers

What is often required to change a legal precedent?

<p>An Act of Parliament (A)</p> Signup and view all the answers

What does the phrase 'custom is to society what law is to the state' imply?

<p>Both customs and laws govern behavior (C)</p> Signup and view all the answers

What aspect of the law does 'legal equality' emphasize as an advantage of precedent?

<p>Uniformity in interpretation (C)</p> Signup and view all the answers

What primary function does equity serve in the legal system?

<p>It offers relief where common law fails to deliver justice. (D)</p> Signup and view all the answers

How was the Common Law introduced to Pakistan?

<p>By British rulers who brought English court decisions. (C)</p> Signup and view all the answers

What is a significant difference between the Quran and the precepts?

<p>The Quran contains the exact words of Allah, while precepts reflect the Prophet’s interpretation. (C)</p> Signup and view all the answers

Which remedy was historically not provided by common law courts?

<p>Injunctions to prevent wrongful acts. (A)</p> Signup and view all the answers

Which of the following reflects a key purpose of the Quran in the context of law?

<p>It addresses specific legal questions and social reforms. (D)</p> Signup and view all the answers

What was a notable limitation of common law before the development of equity?

<p>It could not compel specific performance of a contract. (A)</p> Signup and view all the answers

Which historical source of law is divided into suras and ayats?

<p>The Quran (C)</p> Signup and view all the answers

What aspect of community conduct does equity specifically aim to improve?

<p>Ensuring moral conduct and fairness in disputes. (C)</p> Signup and view all the answers

Flashcards

Sources of Law

The origins of legal rules governing human conduct, including international, national, and religious sources.

Formal Sources of Law

Sources that determine the validity of law, such as a particular sovereign or the state.

Material Sources of Law

Sources providing the content of laws, but not their validity, including historical influences and various other factors.

Historical Sources of Law

Early forms or concepts which later became official legal principles.

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Formal Sources of Law

Sources that determine the validity of laws

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Civil Law Systems

Legal systems primarily based on codified codes.

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Common Law Systems

Legal systems relying on precedents (judicial decisions) and legislation.

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Definition of Law

A description of law that might vary by time and society.

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Money Bill Origination

Only originates in the National Assembly and a copy is sent to the Senate for recommendations.

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Money Bill Senate's role

Senate can make recommendations on the Money Bill, but the National Assembly is not obligated to follow them.

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Money Bill Presidential Assent

Once passed by the National Assembly, the Money Bill is directly presented to the President for assent, without going to the Senate.

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Bill Lapse (National Assembly dissolution)

If a bill is pending in either the National Assembly or Senate, or passed by the National Assembly, but pending in the Senate, the bill lapses when the National Assembly is dissolved.

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Bill Lapse (Senate pending)

A bill pending in the Senate but not passed by National Assembly is not considered lapsed during National Assembly dissolution.

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Presidential Ordinance

The President can issue an ordinance when the National Assembly is not in session and immediate action is needed; it has the same force as a law passed by parliament.

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Ordinance Review

Every ordinance must presented to parliament within 120 days for approval; if not approved, it lapses.

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Bill Assent (10 Days)

If the President doesn’t assent to a bill within 10 days of the second presentation, the bill automatically becomes an Act.

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Supreme Court Judges

The Supreme Court of Pakistan has 17 judges, including the Chief Justice, and a provision for appointing acting or temporary judges. A judge must have 5 years of High Court experience or 15 years as a High Court advocate.

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Supreme Court Jurisdiction

The Supreme Court handles disputes between the federal and provincial governments, or among provinces. It also enforces Fundamental Rights when a matter of public importance is involved. It hears appeals from lower courts.

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Supreme Court Advisory Role

The Supreme Court can provide legal advice to the government upon request. This is called 'advisory jurisdiction'.

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High Court Structure

Each province in Pakistan has a High Court. The Islamabad Capital Territory also has one. Each High Court consists of a Chief Justice and other judges. The strength of each court varies.

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High Court Qualifications

To become a High Court judge in Pakistan, one needs 10 years of experience as an advocate or 10 years of civil service, including 3 years as a District Judge.

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High Court Power

The High Court supervises and controls lower courts. It appoints its own staff and sets rules of procedure for itself and lower courts.

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Federal Shariat Court

This court has 8 Muslim judges, including the Chief Justice. It focuses on Islamic law and its application in Pakistan.

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Federal Shariat Court Appointment

Judges of the Federal Shariat Court were initially appointed by the President, but this process has changed after the 18th and 19th amendments.

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Common Law

A legal system based on precedents (judicial decisions) and customs established over time.

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Equity

A legal system that provides remedies when common law fails to provide justice.

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Quran & Sunnah

The two main sources of Islamic law, providing ethical and legal guidance.

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What makes the Quran unique?

The Quran is believed to be of divine origin and to have existed eternally, revealed in parts to the Prophet Muhammad.

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What are the suras and ayats in the Quran?

The Quran is divided into suras (chapters) and ayats (verses).

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How were some Quran verses revealed?

Many Quranic verses addressing legal issues were revealed to settle disputes and address specific problems.

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What social reforms did the Quran bring?

The Quran aimed to raise women's status, provide fair inheritance, and protect the rights of vulnerable groups.

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What is the difference between the Quran and Sunnah?

The Quran contains the words of Allah, while the Sunnah presents the Prophet's teachings and practices.

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Federal Shariat Court Judges

Judges of the Federal Shariat Court are appointed by a Judicial Commission, composed of the Chief Justice of Pakistan, Supreme Court judges, former Chief Justices, the Attorney General, Law Minister, and leaders of the Federal Shariat Court.

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Parliamentary Committee Role

After the Judicial Commission approves a judge candidate for the Federal Shariat Court, an 8-member Parliamentary Committee reviews the recommendation for two weeks.

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Parliamentary Committee Decision

The Parliamentary Committee can either approve the Judicial Commission's recommendation or reject it with a three-fourths majority. If rejected, the Commission needs to send another nominee.

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Subordinate Courts

Lower courts in Pakistan are divided into two types: civil courts (for disputes about property, contracts, etc.) and criminal courts (for dealing with crimes).

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Special Courts

There are specialized courts in Pakistan for specific legal areas outside of civil or criminal law, set up by individual laws.

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Subordinate Court Funding

The provincial governments are responsible for funding the subordinate judicial system in Pakistan.

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High Court Administrative Control

The High Court oversees the management of subordinate courts within their jurisdiction.

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Subordinate Court Rules

Judges in civil and criminal courts operate under rules set by the provincial governments.

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Precedents: A Source of Law

Precedents are past judicial decisions that serve as legal guidelines for similar future cases. They provide a basis for judges to decide cases consistently, contributing to legal certainty and efficiency.

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Advantages of Precedents

Precedents offer several benefits, including efficiency in resolving cases quickly, ensuring consistent judgments for similar situations, allowing for systematic legal reform through case law, and promoting legal equality.

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Disadvantages of Precedents

However, precedents also have drawbacks. Outdated precedents might need to be applied even though they no longer reflect societal norms or change. This restricts legal development, making it challenging to adapt laws without parliamentary action.

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Customs: An Evolving Source of Law

Customs, longstanding traditions or practices within a community, can evolve into law. When customs become widely accepted and formalized through judicial decisions, they gain legal force and become precedents.

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How Customs Become Law

Customs become laws when they are recognized and accepted by the community, and when courts formalize them in judicial decisions, establishing precedents for similar future cases.

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Importance of Customs in Modern Society

While the importance of customs as the primary source of law has diminished, they remain relevant in new areas of human conduct, such as internet and e-commerce, where specific laws may be lacking.

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The Rationale for Customary Law

Customs gain legal weight because they reflect societal approval of principles of justice and public utility. Their established presence creates a rational expectation that they will continue to be observed.

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Customs: Law for Society

Customs play to society what law does to the state - they establish order and guide conduct through established practices.

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Study Notes

Law and Definitions

  • No single criterion exists to determine the necessary level of regularity or certainty for a just legal system.
  • Legal systems vary widely, from tyrannical to democratic.
  • Legal definitions evolve over time, becoming outdated or inadequate.

Sources of Law

  • Sources of law refer to the origins of legally binding rules governing human behavior.
  • Sources can be international, national, or religious.
  • Law's authority is derived from the sovereign or state.
  • Civil law systems rely on codes, while common law systems use legislation and judicial precedents.
  • Different schools of thought exist, with Austin emphasizing the sovereign and theologians emphasizing divine sources.
  • Hindu law draws from the Vedas, while Islamic law comes from the Quran.
  • Salmond categorizes sources into formal (validity) and material (substance).
  • Material sources encompass various types, including historical sources.
  • Historical sources represent rules in initial, non-authoritative forms.

Legislation in Pakistan

  • Parliamentary Procedure (Session/No Session): Legislation processes vary depending on Parliament's session status. 
  • Money Bills: Originate only in the National Assembly and are sent to the Senate for recommendations (not binding). 
  • Other Bills: Proceed through the National Assembly, Senate, and Presidential assent stages under differing rules during sessions.
  • Ordinances: The President can issue ordinances during parliamentary recess if immediate action is necessary. Ordinances have the same effect as acts but must be approved by parliament within 120 days or are repealed.
  • Bills Lapses: Bills pending in the Senate or the National Assembly may automatically lapse upon dissolution of the relevant chamber, with specific exceptions for Money Bills. 

Courts in Pakistan

  • Supreme Court: Comprised of a Chief Justice and 16 judges. Qualifications include 5 years' experience as a High Court judge or 15 years' practice as a High Court advocate. Exercises original and appellate jurisdictions, including settling government disputes, enforcing fundamental rights, and providing advisory opinions.

  • High Courts: Exist in each province and the Islamabad Capital Territory with varying judge counts. Judges need 10 years' experience as a High Court advocate or 10 years of civil service with specific requirements. 

  • Federal Shariat Court: Consists of 8 Muslim judges, with appointments through a Judicial Commission and a Parliamentary Committee involving government and opposition representation.

  • Subordinate Courts: Are civil and criminal courts established under different ordinances. Provincial governments fund operations, with high courts maintaining administrative control.

Historical Sources of Law

  • Common Law & Equity (England): Common law principles emerged after the Norman Conquest, with English court decisions influencing Pakistan's legal system. Equity developed to address common law issues lacking remedies.
  • Quran & Sunnah (Islam): The Quran is foundational in Islamic law, with verses revealed over time, not in chronological order. It includes legal precepts and aims to address societal issues, reform practices, and adjust legal rights.
  • Customs (General): Customs and social behavior develop into rules that can become recognized legally. Importance decreases as established legal systems grow. However, customs remain crucial in defining unwritten norms for new social areas, such as the Internet.

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Description

Explore the foundations of legal systems and their sources through this quiz. Understand the diverse criteria that define laws and how they evolve over time. Delve into the classification of legal sources, including international, national, and religious origins.

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