LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions. (2) Figures on the right indicate full marks assigned to the question.

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

1. (a) Define jurisprudence.
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2. (b) What is the central notion of American Legal Realism?
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3. (c) State the literal rule of interpretation.
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4. (d) How do you understand the word 'Precdent'?
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5. (e) "Ownership is a complex of rights, all of which are rights in rem." explain.
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6. (f) What is a common right? Give an example.
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7. (g) What is animus possidentdi?
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8. (h) What are encumbrances? Give an example.
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9. (i) What is corporation sole?
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10. (j) What are inheritable and uninheritable rights?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Sociologial school
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2. (b) Power of the supreme Court under Act. 142
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3. (c) Sources of obligations
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4. (d) Title
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5. (e) Rights and Power
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6. (f) Positive and Negative rights.
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) Gray has said, in his book, 'Nature and Sources of Law' that right is not interest, but the means whereby the interest is secured. (i) Who has defined right as an interest? State the definition. (ii) Do you agree with Gray? Give reasons.
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2. (b) Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1977 are enacted by the Central Government under powers givento it by the Employee's Provident Funds and Miscelleneous Provisions Act, 1952 to regulate the procedure of the appellate tribunal. (i) The rules framed by the government can be traced to which source of law? Explain. (ii) Give two reasons for the growth of this kind of source in modern times.
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3. (c) Santosh, a boy of six years murdered his uncle of 37 years who was continuously harassing and exploiting his mother sexually. (i) Is Santosh liable? Explain with reference to his legal status as a person. (ii) Is santosh entitled to rights? Explain.
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Q.4 Q.4: Answer in detail any four (48 Marks - 12 marks each)

1. (a) Compare and contrast the imperative theory of law and the natunal law theory.
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2. (b) Discuss the similarities and differences of the legal system and other normative systems.
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3. (c) (1) Define custom. Explain why custom is attributed the force of law? (2) What are the essentials of a valid local custom?
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4. (d) Critically examine the concept of possession.
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5. (e) Bringout the distinction between possession and ownership.
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6. (f) Explain the concept of property and discuss the kinds of property.
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Read from the scan above, so a character or two may differ. The scan is the original.