B.A. LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory May 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Please check whether you have got the right question paper 2. Answer all questions 3. Total marks are indicated in the right.

Q.1 Q.1: Answer any six questions in one or two sentences (12 Marks - 2 marks each)

1. (a) State two features of Analytical positivism.
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2. (b) What is meant by Justice?
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3. (c) Distinguish between Law and Morality.
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4. (d) What do you mean by normative system?
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5. (e) Explain and illustrate derivative title.
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6. (f) State the elements of possession.
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7. (g) Define jurisprudence.
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8. (h) Describe two circumstances that weaken the binding force of precedents.
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9. (i) Explain per incuriam judgments.
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10. (j) Who propounded the principle of utility? Mention the school of law to which this theory belongs.
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Q.2 Q.2: Write short notes on any two (12 Marks - 6 marks each)

1. (a) Power of Supreme Court under Article 147 of the Constitution of India.
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2. (b) Modes of acquiring possession.
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3. (c) Savigny's view of the law.
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4. (d) Concept of Dharma
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Q.3 Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. (a) Mr. Larry creates a sculpture and agrees to gift it to Raghav provided that Raghav displays the sculpture it in his art gallery. (i) What was the nature of right that is transferred to Raghav? Explain your answer. (ii) Explain briefly right duty correlation.
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2. (b) A community XYZ claimed to have a custom wherein the eldest girl child of every household has to work as a maid in the Sarpanch's household for a period of five years, without any remuneration. (i) Will this practice be considered as a valid custom? Justify your answer (ii) Define custom. Describe three essentials of a valid custom.
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3. (c) The parliament passes a law to ban the practice public smoking, with the intention to give effect to the judgment passed by the Supreme Court of India. The same law allows the Central Government to make rules to implement the Act. (i) The rules made by the Central Government are an example of what type of legislation? (ii) Explain the advantages of legislation over the other sources of Law.
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4. (d) Social interdependence and cooperation are very important for human existence. (i) Identify the jurist and the school of law that associates with this statement. (ii) Discuss the basic tenets of the school of law, identified.
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Q.4 Q.4: Answer any two in detail (24 Marks - 12 marks each)

1. (a) Discuss HLA Hart's Concept of Law.
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2. (b) Define Person. What is the status of dead person and animals in the eyes of law?
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3. (c) Discuss Precedent as a source of law. Differentiate between ratio decidendi and obiter dicta.
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4. (d) Discuss Feminist legal theory.
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