LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory May 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions. (2) Figures in the right indicates full marks.

Q.1 Q.1: Answer the following in one or two sentences (15 Marks as printed, for ten parts)

1. (a) What is Solidary obligation?
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2. (b) What is 'stare decisis'?
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3. (c) What is grundnorm?
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4. (d) Oliver Wendell Holmes
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5. (e) What is de jure possession?
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6. (f) Define justice
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7. (g) Meaning of immunity.
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8. (h) Utilitarianism
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9. (i) Define equity
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10. (j) Examples of positive rights.
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Analytical school of jurisprudence.
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2. (b) Title
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3. (c) Differentiate Custom and Prescription
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4. (d) Functions of Jurisprudence
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5. (e) Legal persons
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6. (f) Lease.
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) Rajesh is openly in possession of the land belonging to Yuvaraj for an unbroken period of 15 years. (i) Can Rajesh claim title to the land? Explain with reasons. (ii) Explain when is the ownership said to be contingent?
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2. (b) A custom existed whereby Kamins were required to deliver cow manure to Biswedars without any consideration. The Kamins also needed manure to be used in their fields, but they had to give the manure to Biswedars merely because the Kamins resided in the village of Biswedars. (i) Do you think this custom is valid? Give Reasons. (ii) What are the requirements of law to make a custom operative and valid?
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3. (c) Mr. XYZ forms a permanent private trust for the maintenance of his tomb and those of his decedents. (i) Advice Mr. XYZ on the validity of the formation of such a trust and give reasons. (ii) What are the perspectives regarding the legal status of a dead man?
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Q.4 Q.4: Answer any four in details (48 Marks - 12 marks each)

1. (a) Critically examine the definition of law given under the sociological school of jurisprudence.
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2. (b) Analyze what does ownership comprise of? Explain the characteristics of ownership.
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3. (c) Explain the formal and material sources of law.
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4. (d) Define the different concepts of property. Describe the different modes of acquisition of property.
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5. (e) What the characteristics of Legal rights. Explain different kinds of legal rights.
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6. (f) Explain the different elements of a state. Highlight the evolution of the concept of sovereignty.
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Read from the scan above, so a character or two may differ. The scan is the original.