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March 31, 2020

Jurisprudence | Definition | Nature | Sources | Scope of Jurisprudence

Subject: English Jurisprudence

Jurisprudence

The study of jurisprudence started with "Roman". In the French, it is referred to as a "Case Law". The evolution of jurisprudence is dynamic in its nature.
  • Jurisprudence is the study of law and legal philosophy and science.
  • It is a formal mechanism of social control legal system are particular ways of establishing and maintaining social order and protect harm to persons / Individuals from each other. 

Meaning 

It is derived by Latin Word "Jurisprudentia" where as Juris means Law and Prudentia mean Knowledge. So Jurisprudentia means "Knowledge or Skill in Law".

Definitions 

Salmond's:- "Jurisprudence is the Science of Law"
Austin:- Jurisprudence as the "Philosophy" of Positive Law.
Holland:- This jurist said, Jurisprudence as the "Formal Science" of Postitive Law"
According to Jurist "Stone":- Jurisprudence is the lawyers extraversion.
Definition at Present Time Scenario:- Jurisprudence can be defined as any writing or thought about law and its relations to other disciplines such as Psychology, Philosophy, anthropology, economics, and many others. 


Nature

Jurisprudence is dynamic in nature (Changing Day by Day). It consists of different views which later on called the school of jurisprudence. E.g: Cyber Crime Act


Contents of Jurisprudence 

Sources

The basic features of a legal system are mainly found in its authoritative sources and nature and the working of the legal authority behind these sources. Such as Customs, Precedents, Natural Law, Legislation.  

Legal Concepts 

Legal Concepts of Jurisprudence includes:

  • The analysis of legal concepts such as Rights, Duties, Title, Property, Ownership, Possession, Obligation, Acts, Negligence, Legal Personality and related issues.

Legal Theory 

Legal Theory is concerned with law as it exists and its functions also in the society and the manner in which law is created. It's enforced as also the influence of social opinion and law on each other.


Scope of Jurisprudence 


  • In the early period:- Cover moral and religious precepts. The scope was limited to the study of the concept of positive law.
  • At Present:- Scope cannot be circumscribed or limited. It includes all concepts of human order and human conduct in society and state.

Next Jurisprudence Topic 

Twenty Four Tips To Getting Ready For Your First Court Appearance


Twenty Four Tips To Getting Ready For Your First Court Appearance
Have you completed the law study and now entered the law practice? In this article, you will learn Twenty Four Tips to Getting Ready for Your First Court Appearance.

1. Remember that someone is always witching you where ever you are in the building and word quickly gets around .it should not surprise you to know that the clerk in your court does discuss you with the magistrate /judge before they enter the court make sure that you leave a favorable impression, which leads me to tip #2

2. Use your manners with everyone. Keep in your mind about PS and Q S with court staff, police, other lawyers, and most of all your clients.

3. Get there early so you can have time to speak to opposing councils to try for a last-minute resolution. The court is always great full for such attempts even when fruitless.

4. Introduce yourself to opposing counsel. You should write their name on your note pad so you don't forget it. Make small talk because you are not enemies.

5. Keep your client in the loop. Most of the lawyers pass notes and some prefer to wait for the adjournment to discuss the events of the hearing. Talk to YOUR client in the language they understand and do what you can to show your client that you get them and where they are coming from.I have noticed over the year s that a well-informed client seems to be a much more settled client.

6. You should know your audience and do not swagger into a children s court protection Application hearing acting like you are walking into the high court (HC). Some of the courts are more formal than others, so tailor your ADVOCACY style to suit the forum.

7. It is never a good idea to use such kind of phrase, "I demand that your honor...just don't do it.

8. Be on time and be prepared .if you are listed for 10 am, be ready at 10 am .it is never a good start to a case when you need to ask the bench for more time again, the first impression does count.

9. Before you start an examination or cross-examination, offer the witness a glass of water. It will make you look considerate and puts them at ease for the statement.

10. You don't ask the clerk what kind of mood the magistrate is in now, they will not tell you.

11. If you are new to JURISDICTION, get to know the forms go to the registry to discuss the most commonly used forms, but do so in the afternoon. In the mornings time is taken up with getting each courtroom ready for the day.

12. Don't be afraid to ask the bench clerk for their opinion about the case. They have sat through thousands of hours of hearing s and although they must and will remain neutral, they may be able to give you feedback on more practical things, such as where witnesses Can wait, whether they think you will be out of there by lunchtime or 4 pm and how to best display exhibits.

13. If you plan to tender something on paper, you make sure that you have enough copies for everyone at the bar table. The witness and the magistrate ensure that the clerk gets the original.

14. If you have some lengthy reports to tender to provide copies ahead of time to your learned friends and to the time set aside for the hearing of the case.

15. To show your exhibit, If you need a projector CD  / DVD player, let the court know at least a week before the hearing date. It will ensure that the facilities are available to you and prevent unnecessary adjournments.

16. Regardless of the case, you should believe in your submissions.  The court can tell when it’s half Hearted and when you are just going through the motion. You should give your client passionate and engaged advocacy.

17. In all of your submissions of the case, start by outlining what you are seeking the court will be grateful for the signpost and it will give your submission more relevance. Do not wait for the court to ask “yes" and what do you want?

18. Speak slowly and clearly. The magistrate/Judge is taking notes on the paper, as are your learned friends also at the bar table, make sure the witness understands your question clearly.

19. Be honest with the court about your case and time frames if you have 35 witnesses, don't round it down. If the case runs over and the judge /magistrate needs to find time in a very busy dairy to finish the case .the will not think highly of you.

20. In the Last-minute basics turn your phone to silent
Face the bench and how from the waist whenever you enter or leave a sitting courtroom. You do not move the muscle when a witness is being sworn in. If the oath is interrupted by anything then the clerk must start the swearing-in all over again.

21. Have the phone numbers of all of your witnesses in your phone / Ipad.

22. Stand when addressing the court, unless it is the rule of that particular court to remain seated during submission.

23. If you find yourself with some free time on your hands spends it at your local court and watch a few different cases to see the different ADVOCACY styles.

24. When it comes time to prepare for your court appearance, don't forget to work hard, be polite, talk to your client, and be nice to the bench clerk!