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Read the following passage carefully and then answer the accompanying questions employing the concepts provided in the passage:
According to Hohfeld, legal relationships can exist only between two legal persons and one thing. One of the two persons always has a legal advantage (that‘s the right) over the other.
The other person has the corresponding legal disadvantage. … For example employer - employee. The basic building block of legal rights is liberty. It allows one person to do exactly as she pleases with no duty to do otherwise. … But … the important thing about a liberty: No one is required to respect it. It is merely a ―permission without a protection‖. … For example, I can enjoy the view of my neighbour‘s garden but he is not under a duty to protect my view and can screen it off.
A ―claim‖ entitles one person to limit the liberty of another, who then has a duty either to act or not to act in certain ways toward the claimant. For example, a child‘s claim to maintenance from parents places a duty on parents to provide maintenance. In personam claims can be made against a definite number of persons whilst in rem claims are available against every person in the world. …An immunity disables one person from interfering with the liberty of another…Claims tell us what we should not do. Immunities tell us what we cannot do. … For
example, a public official cannot be prosecuted without special permission. A ―power‖ is an ability that the law gives a person to (realise) her own legal rights or the rights of someone
else (for example the power to sue). Its correlate, the liability carries the sense of exposure to having one‘s legal status changed. For example, only a person with locus in a case can file a litigation to press his claims.
[Adapted from Steven Wise, Rattling the Cage Towards Legal Rights of Animals) ( 2000)]
The boundary wall surrounding A‘s property was broken which caused a number of villagers to cross through his property to reach the adjoining market. A repaired the wall and
stopped the villagers. What was the nature of legal relationship?
'A' does not repair the boundary wall for more than twenty-five years and does not stop the villagers from crossing his property. Now the villagers have:
After changing her religion, an adult medical student Bareta got married to a man of her choice. The medical student‘s right to marry was:
The situation for Bareta would change if she were a minor. Her minority would impact on her:
Article 21 of the Constitution of India lays down that no person can be denied life and liberty except according to procedure established by law. By reason of this article, the State cannot deny liberty through executive order. What does the Article impose on the State?
A person can be taken into custody only if there is a legislation specifying a procedure which allows the deprivation of liberty. This protection from wrongful arrest granted to people is:
The Civil Procedure Code lays down the conditions that have to be fulfilled before a Plaint can be filed or defended. These conditions impact on the individual‘s:
As a rule, only States can move international institutions for the enforcement of their rights. Special requirements have to be fulfilled before individuals can move international institutions. These requirements impact on the __________ of individuals to obtain their rights.
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