LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory Nov 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) What is a legal theory?
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2. (b) What is the central notion of the natural law theory?
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3. (c) State how H.L.A. Hart defines law.
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4. (d) Define possession.
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5. (e) Distinguish between a persuasive precedent and a binding precedent.
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6. (f) State the golden rule of interpretation.
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7. (g) Define 'immunity'.
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8. (h) What are rights in re propria? Give examples.
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9. (i) What do you understand by the right to alienate?
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10. (j) What is a negative rihgt? Give example.
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Q.2 Q.2: Answer by providing brief notes on any four (20 Marks - 5 marks each)

1. (a) Historical school
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2. (b) Kinds of ownership
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3. (c) Functions of law
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4. (d) Convention
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5. (e) Theories of corporate personality
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6. (f) Right-Duty relationship.
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) AB and Co. Ltd. sold its patent acquired through its Research and Development Department to a partnership firm for a huge profit. (i) Compare the power of the company to sell its patent and the power of the government to regulate patents in the high to rights in a wider sense of the term. (ii) Explain final corelatives.
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2. (b) Customary requirement of 'Saptapati', seven steps by the bride and bride-groom, is codified and is now a requirement under Hindu Marriage Act, 1955. (i) Comment whether 'Saptapati' satisfies the test of reasonableners. (ii) Explain the 'test of antiquity' for validity of a local custom.
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3. (c) The Dandi march defying the tax on salt as a component of India's freedom struggle is well known world wide. (i) This salt Satyagraha reminds us of which legal theory? Substantiate. (ii) How is disobedience to law viewed by Austin?
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Q.4 Q.4: Answer any four in details (48 Marks - 12 marks each)

1. (a) Explain Kelson's theory of law.
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2. (b) Define an obligation. Bringout the sources of obligations with examples.
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3. (c) Analyse 'legislation' as a sousrce of law. Give reasons for its primary among sources.
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4. (d) Examine the personality of (i) Unborn persons (ii) Intoxicated persons (iii) Dead.
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5. (e) Define a right. Bringout the characteristics of the right.
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6. (f) What is property? What do you understand by 'encumbrances'? Explain in detail.
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