Mumbai University Solved Question Papers
Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2014 Examination
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LLB 3 years Sem 4 Jurisprudence and Legal Theory Nov 2014 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2014 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2014 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2014 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer all ten questions
20 Marks - 2 marks each
(a)What are the formal sources of law?[2]
Answer
A formal source of law is the source from which a rule gets its force and validity: the reason a court treats it as law. A material source is the source from which a rule gets its content.
Salmond's strict view. "A formal source is that from which a rule of law derives its force and validity." For Salmond the formal source of all civil law is one: "the will and power of the state as manifested in courts of justice". Customary law, for example, has its material source in usage, but its formal source in the will of the State.
The common use. Indian textbooks and examiners usually list as formal sources the processes through which the State gives a rule the force of law:
- Legislation: rules declared by a competent authority, such as an Act of Parliament.
- Precedent: rules laid down in judicial decisions, binding under Article 141 of the Constitution.
- Custom: usage that the courts recognise as law.
Salmond calls these legal sources, a class of material sources, and adds agreement and professional opinion.
Example. A rule of the Bharatiya Nyaya Sanhita 2023 is valid because Parliament enacted it. Parliament's enactment is its formal source. The Law Commission's reports and earlier case law that shaped its wording are material sources.
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