LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Oct 2024 75/25 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.

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

1. Q1 What is meant by Animus Possidendi?
2. Q2 Explain the relationship between law and morality.
3. Q3 Distinguish between corporation sole and corporation aggregate.
4. Q4 Define Person.
5. Q5 Explain the term Volksgeist.
6. Q6 What is meant by Dharma?
7. Q7 Explain and illustrate mediate possession.
8. Q8 Describe two distinguishing features of Realist school of law.

SECTION II - Q.2: Write short notes on any two (12 Marks - 6 marks each)

1. Q9 Pure Theory of Law.
2. Q10 Briefly explain Bentham's utilitarian theory.
3. Q11 Explain the essential elements of Legal Right.
4. Q12 Binding nature of Supreme Court decisions.

SECTION III - Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. Q13 "Social engineering means a balance between the competing interests in society" (i) Identify the Jurist who made this statement, and which school of law does he belongs too. (ii) Explain three distinguishing features about this school of jurisprudence.
2. Q14 Mr. Raghu owns a plot of land upon which he has built his home. The only way to reach this piece of land is by passing over the adjacent property belonging to Mr. Varun. (i) Identify the type of right that Mr. Raghu exercises over Mr. Varun's property and explain the same. (ii) What would happen to the right if Mr. Varun sells the house to a genuine buyer?
3. Q15 The parliament passes a law to ban the practice of cruelty against Pet Animals. The same law allows the Animal Welfare Board under the Act to make rules to implement the Act. (i) The rules made by the Animal Welfare Board are an example of what type of legislation? (ii) Are animal's natural persons in the eyes of law?
4. Q16 Prasad, Anand, and Rita are three partners of a firm that owes Rs. 8000 to Raj (the creditor). (i) What is obligation? Identify the type of obligation illustrated in the given situation. (ii) Discuss the sources of obligation.

SECTION IV - Q.4: Answer any two in detail, as printed (39 Marks)

1. Q17 Discuss legislation as a source of law. What are the advantages of legislation as a source of law over other sources of law?
2. Q18 Discuss the social contract theory of origin of state.
3. Q19 Discuss the main features of natural law theory.
4. Q20 Define Custom. Explain Custom as a source of law and what are the essentials of valid custom.
5. Q21 Define property. Explain the modes of acquiring property.
6. Q22 Analyze the historical school of law with special reference to Savigny's theory of law.

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