LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory Dec 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Answer all questions. 2. Total marks for questions are indicated in the right end.

Q.1 Q.1: Answer all ten questions in one or two sentences (20 Marks - 2 marks each)

1. (a) Define Obiter Dicta.
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2. (b) What is subordinate legislation?
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3. (c) Define servitude.
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4. (d) Kelson's contribution to legal theory
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5. (e) What are trusts?
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6. (f) What kind of justice is reflectd in Art. 17 of the Indian Constitution?
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7. (g) What are positive laws?
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8. (h) Explain two important benefits of studying jurisprudence.
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9. (i) Define obligation.
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10. (j) What are right-in-rem?
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Social engineering
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2. (b) Customs and usages
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3. (c) Agreements
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4. (d) Functions of law
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5. (e) Kinds of precedents
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6. (f) Sources of obligation.
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Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (a) Raja owns a wooden table with drawers. He left it to repair with the carpenter Shyam. Shyam discovered money in one of the drawers and appropriated it for his own personal use. Raja was not aware of the money in the drawer. Shyam was punished for theft. (i) Why is the possession of money not considered to have been transferred to Shyam alongwith the table? Explain in the light of the elements of possession. (ii) Distinguish possession and ownership.
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2. (b) A certain village has a custom that every cultivator of the village land is entitled to graze his cattle on the common pasture. Arjun Singh became a tenent of a plot of uncultivated land in the village. He does cultivation and there by acquired an easement to graze his cattle. (i) What kind of easement does Arjun Singh enjoy? (ii) What are the rights which cannot be regarded as capable of being easements?
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3. (c) GBV Company Ltd. is a company formed under the Indian Companies Act. It is engaged in the manufacturing and servicing of agricultural and farm equipments. (i) Is GBV Company a corporation sole or corporation aggregate? Explain. (ii) Discuss the advantages of Incorporation.
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Q.4 Q.4: Answer in detail any four (48 Marks - 12 marks each)

1. (a) Critically examine the Sociological school of jurisprudence. Highlight the contribution made by Roscoe Pound.
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2. (b) Discuss 'Personality' and examine the personality of (i) minors, (ii) persons of unsound mind and (iii) dead persons.
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3. (c) What are the formal and material sources of law? Discuss the reasons for considering customs as a source of law.
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4. (d) Discuss the theory that Judges are lawmakers.
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5. (e) Explain Hothfields analysis of rights in a wider sense.
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6. (f) Critically examine the concept of possession. Explain the different kinds of possession.
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