LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Oct 2026 ATKT 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Answer all questions as per instructions. 2. Marks are as indicated at the right side of the question.

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

1. (a) State the definition of Jurisprudence given by Austin.
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2. (b) What is vested and contingent ownership.
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3. (c) What do you mean by decision given in per incuriam?
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4. (d) Roscoe Pound belonged to which school of jurisprudence?
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5. (e) What do you mean by corporeal and incorporeal possession?
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6. (f) Discuss the definition of law given by Sir Henry Maine.
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7. (g) What do you mean by imperfect right?
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8. (h) What do you mean by subordinate legislation?
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Q.2 Q.2: Write Short Notes, any two (12 Marks - 6 marks each)

1. (a) Classification of law.
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2. (b) Binding precedents.
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3. (c) Usage \ Conventions
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4. (d) Realist school of law
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Q.3 Q.3: Solve any two (12 Marks - 6 marks each)

1. (a) The Protection of Children from Sexual Offences Act, 2012 creates a presumption of a culpable mental state, making the accused prove they did not have it. Adv. XYZ has challenged this Act on the ground that it violates basic principles of natural law. (i) Whether such petition is maintainable in a court of law? (ii) What is the relationship between Natural Law and Positive Law?
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2. (b) Mr. X purchased a car from Mr. B. After receiving payment for the car, Mr. B handed the keys of the car to Mr. X. (i) Has Mr. X obtained the possession of the car? What type of possession is this? (ii) What are the different ways of acquiring possession?
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3. (c) X owes money to Y and X executes a mortgage deed in favour of Y. (i) Identify the principal right and accessory right here. (ii) Explain the principal and accessory right.
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4. (d) Mr. ABC makes a trust for the perpetual repair of one's own grave and the graves of his ascendants and descendants. (i) Is such trust valid? (ii) What is the legal status of dead persons?
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Q.4 Q.4: Explain the following, any three (39 Marks - 13 marks each)

1. (a) Critically explain Ausin's analytical positivism.
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2. (b) What do you mean by Rights? What are the characteristics of Rights? Explain the Hohfeld's analysis of Rights.
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3. (c) What do you mean by source of law? Explain custom as a source of law.
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4. (d) What are the types of property? Explain the modes of acquisition of property.
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5. (e) 'The American realist movement is a combination of the analytical positivist and sociological approaches.' Explain the statement in the light of American Realism.
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