Naqeeb Ul Rahman Section A (06381913044)

JURISPRUDENCE II MID TERM EXAM

30 MARKS (LLB-264 Jurisprudence-II
(A))
Attempt all questions . Do not over write . All answers must be precise and to the point.
Exam time; One Hour submission time; 10 Minutes .
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1.A precedent can be abrogated by the legislation earlier in time than the
precedent.. Single choice.
(1 Point)
true

2.EXPLAIN what rule of interpretation was laid down in Heydon’s case.. (4

Points)
Ans: Interpretation: Law always should be defined and interpreted. Interpretation means the process of
determination of any thing. especially for law and legal documents. Basically Unterpretation is a process
by which courts seek the meaning of legislature through the authoritative form in which it expressed.
Kinds of Interpretation:
1 Functional Interpretation
2 Literal Interpretation.
Heydon's Case (1584) is considered one of the landmark case as it was the first case to use what would
come to be called as the miscief rule for statytory interpertation . The mischief rule is more flexible than
the golden or literal rule , in that the mischife rule requires judges to look over four tasks to ensure that
gaps within the law are covered.
In this case heydons caseit wa observed that for sure and true interpretationof all status for things are to be
discussed and considered
1 what was the mischief and effect for each the common law did not provided
2 what was the common law before making the act
3 what remedy the Parliamenthas ressolved in appointed too cure disease
for true true reason of the remedythen the office of all the judgesis always to make suchconstruction as
shall suprpres th mischief and advance the remedy

3.Give two differences between Grammatical and Logical Interpretation..

(3 Points)
Naqeeb Ul Rahman Section A (06381913044)

Ans: In grammatical interpretation they doesn’t have to go beyond the words but they have to
choose the same words and apply it but in logical interpretation sometimes the circumstances
itself demands that the court should refer to the logical instead of grammatical interpretation.
2: Grammatical interpretation used frequently but the logical interpretation used rarely.

Difference
Logical Interpretation is also called ‘Functional Interpretation’ and It depends upon the ‘spirit’
of the enacted law and ‘legislative intent’. it looks beyond the ‘iitera legis’. It. seeks elsewhere
for some other and more satisfactory evidence to find out the true intention of the Legislature.
Where grammatical interpretation fails, logical interpretation comes into help i.e. to find out
‘sententia legis’ egislative intent) from other sources, i.e. external aids and internal aids of the
statute. It is rarely used. Logical interpretation developed after the grammatical interpretation
came into existence.

Grammatical
it depends upon the ‘letter’ of enacted law (litera legis). It interprets only the ‘verbal expression’
of ‘statute’. It does riot go beyond the ‘litera legis’. In grammatical interpretation, the words are
construed according to the popular or dictionary meaning of the term. It gives the plain
meaning.It is used frequently.It is the most traditional one.

4. Discuss the reasons for following rule, ''Supreme court is not bound by its
own decisions''
(3 Points)
Ans:
•A pronouncement of Supreme Court on a question of law is a law declared and
unless it is altered or overruled by Supreme Court, the High Court has no option
but to follow it .
•such pronouncement may also be altered by legislation .
•Supreme Court is not bound by its own decision because Supreme Court has
power to review any of its judgments pronounced earlier .

•Article 188 of the constitution, ‘’The Supreme Court shall have the power ,
subject to the provisions of any act of parliament and of any rules made by
Supreme Court, to review any judgement pronounced or any order made by it .

5.Keeping in view the hierarchy of the courts, discuss the following; A;

Federal Shariat court's decisions are binding on supreme court. B; a division
Naqeeb Ul Rahman Section A (06381913044)

bench judgment of Sindh High Court is binding on single bench of Punjab

High court. C; a case initiated in high court will have right of appeal in
similar high court.. Multi Line Text.
(6 Points)
Ans: A: No Federal shariat court decisions are not Binding on supereme court,
Because Superme court is Superior court and it is the heighest Soverign Body in
our states. Basically Federal shariat decisions binding on high courts and all courts
subordinate to high court. . Article 203 GG of Pakistan's Constitution tells that
decision of federal shariate court would be binding on highcourt and it's
subordinate courts.

B: :Division bench judgment of Sindh High Court is binding on single bench of

Sindh but it Maybe a persuasive for single bench of Punjab High court as well

C: No that case will have right to go for appeal in Supreme court of Pakistan,
because we have proper sysrem that how case were hear and where they go for
appeal.

6.Discuss keeping in view Ronald Dowrkin's theory , whether judges create

law or discover it..
(4 Points)
Ans: The declaratory theory of law maintains that what is binding is not the president itself but
something behind it and beyond it which must be followed . the agency that validates this view is
not the will of the judges but intrinsic merit of the principle or the reality of the custom which
has become embodied in the decision .
norms coming down through history are already present the judge do not make law but merely
extend the fundamental principles .
as the decision's are the source for the declared law they must be treated as binding .
Ronald arkin has attacked the positivists concept of law and maintained that the law is not
created on the basis of discretion of the judge .law consists of rules as well as principles .
In other words the law is already there in form of principles and it is the task of the goals to
discover such law and declared it in case of gaps and vacuums .
the discretion of judge does not give him the Liberty to create law as he likes

7.Discuss the effect of Pre-icuriam decisions..

(3 Points)
Naqeeb Ul Rahman Section A (06381913044)

Ans; Pre icuriam decision ; Means that the court is failed to take into account all relevant and
vital statutes work is authorities and this had a major effect on the decision .This does not mean
that the earlier court has gone wrong it means that there was significant oversight . this rule also
includes oversight in looking at a decision by a court of the same rank

8.Explain the concept of Ejusdem Generis also give an example

2 Points)

AnsThe rule of "Ejusdem Generis" literally means " same kind or species ". The ryle says that
when there is a general word following particular and specific words, the general word must be
confined to the things of the same kind. Baically Ejusdem generis is a Latin word which means
"of the same kind". this word should give their natural meaning like any other word but a
specific general word follows specific word gives restrictedmeaning. According to this rule,
when a court refers to automobiles, trucks, tractors, motorcycles.
and other vehicles and uses the term ejusdem generis in support of the same thing, and such
Vehicles would not include airplanes, because the list included only land-based transportation
The rule is used for interpreting unclear statutes, contracts and estate documents suchas trust or
will. The rule is but a means to ascertain the intention of the legislature and should be used
prudently and with caution since it is not always a sure intension of thelegislature's intention

9.How treaties under international law can be considered as source of law.

Ans It conducted between states and they creates general rules which were binding
on the states and the lawmaking-treaties or conventions are the main sources of
international law and basis of international law is concent. Treaties can also be
legislation, they regulate a particular aspect of international relations or form the
constitutions of international organizations. Thus, the procedures or methods by
these treaties become legally binding are formal source of law which is a process
by a legal rule comes into existence: it is law creating. Treaties have been the part
of world community since time immemorial, they have been used by various kings,
princes, states as a way of establishing peaceful pacts. Article 38 of the ICJ statute
dictates treaties to be one of the important sources of International Law. Treaties
are considered to be a formal and direct source of International Law which
regulates the behavior and relationships between nations. Majority of conduct
between states are governed by the nature of the Treaty device which provides for
the rights and obligations of the parties forming part of the treaties.