Title English Jurisprudence question No 9..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 09: Define Legal rights, its kinds and essentials of Legal right? (This question is from 8th topic of the Outline). 1. INTRODUCTION: Legal rights refer to the protections and entitlements individuals possess under the law. These rights safeguard people's freedoms, ensuring fair treatment and justice. They include fundamental principles like the right to life, liberty, and property. Legal rights form the basis of a just and orderly society, promoting equality and upholding human dignity. 2. CROSS REFERENCE:
• Article 4 of the constitution of Pakistan 1973 deals with the rights of individuals. • Article 8 to 28 of the constitution of Pakistan 1973 deals with the fundamental rights. DIAGRAMMATICAL ANALYSIS: Diagrammatical analysis of the legal right is given below. Legal Right Legal Right Having the force of law An interest An interest having the force of law 3. MEANING OF LEGAL RIGHT: • According to Black’s law dictionary: “A right created or recognized by law.” 4. DEFINITION OF LEGAL RIGHT: • According to Salmond: “A right is an interest recognized and protected by law. It is any interest respect for which a duty, and disregard which a wrong.” 5. PARTIES OF LEGAL RIGHT:
Following can be the parties of legal right. • State or sovereign which confers legal rights. • The person whom right is conferred. • The person on whom duty is imposed. 6. ENFORCEMENT OF LEGAL RIGTHS: • Suit for damages. • Suit for restitution. • Suit for specific performance. • Suit for Injunction. 7. DIFFERENCE BETWEEN RIGHT AND LEGAL RIGHT: A right is something fair or morally okay, while a legal right is a specific fair thing recognized and protected by the law. Legal rights are the ones that the law officially supports and enforces. So, all legal rights are rights, but not all rights are necessarily protected by the law. 8. DIFFERENCE BETWEEN RIGHT AND MIGHT: "Right" means doing what's good and fair, following moral principles. "Might" is about having power or strength to enforce decisions, whether they're right or wrong. So, it's choosing what's good versus relying on strength or authority. 9. ESSENTIALS/CHARACTERISTICS OF LEGAL RIGHT: A legal right have following five essentials. • Owner of the Right/subject of rights: There must be an owner of the right in which the right is vested and who can be distinguished as the owner of right. • Always against another person:
A right can always be availed against another person upon whom some duty is imposed and that can be distinguished as the person subject of the duty. • Object/subject matter of the right: For a right to be treated as Legal Right there must be an object or subject matter of the right. • Content of the right: There must be the content of the right which may be termed as the content or substance of the right. • Title: For a right to be treated as the legal right there must be a title in the owner. 10. CLASSIFICATION/KINDS OF LEGAL RIGHT: A legal right can be of following kinds. 1. Perfect and Imperfect Rights: • Perfect Rights: These are complete and enforceable rights, such as ownership of property or a valid contract. • Imperfect Rights: These are rights that are not fully enforceable, like a promise that is not backed by a legal obligation. 2. Positive and Negative Rights: • Positive Rights: These require action or provision from others, like the right to education or healthcare. • Negative Rights: These involve non-interference, where others are obligated not to interfere with your rights, like freedom of speech. 3. Rights in Rem and Rights in Personam: