LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory Apr 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q.1 Q.1: Answer the following in one or two sentences (20 Marks - 2 marks each)

1. (a) What is jurisprudence?
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2. (b) What is a local custom?
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3. (c) How do realists define law?
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4. (d) State the literal rule of interpretation.
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5. (e) What do you understand by 'peaceful change' as a function of law?
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6. (f) Why are possessory remedies appointed by law?
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7. (g) What is contingent ownership?
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8. (h) What is an accessory right?
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9. (i) What is PIL?
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10. (j) What is ratio decidendi?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (i) Kinds of rights
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2. (ii) Legal personality of Non-human beings
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3. (iii) Trusts
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4. (iv) Power and liability
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5. (v) Obligation
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6. (vi) Legislation
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (1) A sold his house to B. The house was A's ancestral property which is now the property of B. (a) In respect of the property, who is the person of inherence and who is the person of incidence after the sale. (b) Explain 'title' and 'transfer of title' in the sale.
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2. (2) One state 'x' of India passed a statute on agricultural land. There was a good amount of opposition to the statute, yet, due to majority in the assembly of 'x' the statute was passed. (a) Can the people opposing the law defy it? Can they disobey? Explain in the light of natural law theory? (b) What will be your advice to the people who oppose the statute?
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3. (3) X filed a suit against Y for recovery of immoveable property. Y claimed that he has title by way of adverse possession. (a) Define immovable property. Give examples. (b) If Y has to succeed, what should he prove?
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Q.4 Q.4: Answer any four questions in detail (48 Marks - 12 marks each)

1. (1) Explain the central notion of realist theory of law. State the merits & demerits of the theory.
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2. (2) Bring out the purpose of law (6 marks). Explain the power of the Supreme Court to do complete justice in a case (6 marks).
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3. (3) Explain precedents as a source of law. Compare it with legislation.
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4. (4) Explain the concept of possession.
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5. (5) Define right. Explain the different kinds of rights.
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6. (6) Examine the legal perosnality of the unborn, dead and drunk persons.
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