B.A. LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions in the answerbook and if required in additional answerbooks. (2) There are no different sections.

Q.1 Q.1: Answer all ten questions (20 Marks - 2 marks each)

1. (a) What is a precedent?
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2. (b) State the rule in 'ejusdum generis'.
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3. (c) What is 'Compensatory jurisprudence'?
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4. (d) What do you understand by 'right to property'?
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5. (e) What is an imperfect right?
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6. (f) Define ownership.
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7. (g) State two advantages of incorporation.
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8. (h) Who is 'Sovereign' according to Austin?
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9. (i) What are jural co-relatives?
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10. (j) What is a servitude?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Social Engineering
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2. (b) Custom and Usage
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3. (c) Kinds of Ownership
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4. (d) Justification for the Doctrine of Stare Decisis
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5. (e) Functions of Law
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6. (f) Public and Private power.
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) Article 141: The law declared by the supreme court of the India shall be binding on all courts in the territory of India. (i) What authorities have been held to be inclusive of the expression "all courts"? (ii) How do you explain the Supreme Courts power to overrule?
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2. (b) X and Y are husband and wife who together apply for a housing loan of Rs. 7 lakhs. The bank provides the loan under its regular scheme. (i) What is this bond of relation between the bank on the one hand and X & Y on the other called? Explain. (ii) Explain the nature of liability of X and Y in respect of the loan amount factually and under law.
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3. (c) 'ABC company Limited' is a company floated under the Indian Companies Act. It is engaged in the manufacture of paints and dyes. (i) Is ABC a corporate sole? Explain. (ii) Discuss its liabilities for contract, torts and crimes.
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Q.4 Q.4: Answer in detail any four (48 Marks - 12 marks each)

1. (a) Critically examine the realist theory.
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2. (b) Discuss 'Personality' and examine personality of (i) minors (ii) human beings of unsound mind (iii) dead.
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3. (c) What do you understand by 'Jura in re propria' and 'jura in re aliena'? Discuss in detail.
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4. (d) (i) Bring out the characteristics of a legal right. (ii) What are rights in a wider sense? Elucidate.
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5. (e) Explain the elements of possession. Why are possessory remedies appointed by law? State the possessory remedies.
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6. (f) What are the sources of law? Discuss enacted law. How is it superior to other sources?
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