Mumbai University Solved Question Papers
Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2011 Examination
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LLB 3 years Sem 4 Jurisprudence and Legal Theory Nov 2011 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 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2011 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 2011 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
Instructions printed on the paper
- N.B: (1) Answer all questions in the answerbook and if required in additional answerbooks. (2) There are no different sections.
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 is a precedent?[2]
Answer
A precedent is a judicial decision that contains a principle of law and is used as an authority in later cases with similar facts. Salmond says a precedent is a judicial decision which contains in itself a principle, and that principle is the ratio decidendi.
Kinds of precedent.
- Authoritative (binding): a later court must follow it, whether or not it agrees. In India, under Article 141, the law declared by the Supreme Court binds all courts in the country.
- Persuasive: a later court may follow it but need not, such as a foreign judgment or a decision of another High Court.
- Original: it creates a new rule of law. Declaratory: it only applies an existing rule.
What binds. Only the ratio decidendi, the principle on which the case was decided, binds. Obiter dicta, remarks made by the way, only persuade. In State of Orissa v. Sudhansu Sekhar Misra, AIR 1968 SC 647, the Supreme Court held that a decision is an authority only for what it actually decides.
Why precedent is followed. It gives certainty, equal treatment of like cases and efficiency, because a question fully argued and decided need not be argued again. This is the doctrine of stare decisis, "stand by decided matters".
The rest of the answers
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