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

Questions asked in this paper

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

Q.1 Q.1: Answer in short (20 Marks - 2 marks each)

1. (a) Identify the kinds of legal persons.
   Read the model answer
2. (b) Define a legal right.
   Read the model answer
3. (c) What is jurisprudence?
   Read the model answer
4. (d) Define "Security".
   Read the model answer
5. (e) Define "Power".
   Read the model answer
6. (f) What is obiter dicta?
   Read the model answer
7. (g) What is "immemorial antiquity"?
   Read the model answer
8. (h) What are rights in re aliena? Give one example.
   Read the model answer
9. (i) What do you understand by immediate possession?
   Read the model answer
10. (j) State & explain the two kinds of interpretation of a statute.
    Read the model answer

Q.2 Q.2: Write brief notes on any four (20 Marks - 5 marks each)

1. (a) Sociological theory
   Read the model answer
2. (b) Circumstances Destroying or weakening precedents
   Read the model answer
3. (c) Obligations
   Read the model answer
4. (d) Kinds of Mediate Possession
   Read the model answer
5. (e) Kinds of rights
   Read the model answer
6. (f) Trust and Beneficial ownership
   Read the model answer

Q.3 Q.3: Answer any two (12 Marks - 6 marks each)

1. (1) Under power conferred by S.112 of Factories Act, 1948, State government has framed rules. The Act covers safety, health, working hours etc to secure labour welfare. (i) The Act and Rules form which type of source of law? Explain. (ii) Explain the purpose of law in the light of the above statute.
   Read the model answer
2. (2) Everest Company Ltd. is a private company. The shareholders become so reduced in number that there is only one of them left. (i) What is the effect of reduction on the personality of the company? (ii) Distinguish a legal person from a natural person.
   Read the model answer
3. (3) "New laws do emerge from judicial decisions." (i) Give examples from India to justify the above statement. (ii) What is "Declaratory theory of Precedents"? Explain in the light of the above statement.
   Read the model answer

Q.4 Q.4: Answer any four (48 Marks - 12 marks each)

1. (a) Examine the rights in re aliena bringing out the chief classes of encumbrances.
   Read the model answer
2. (b) Discuss the legal rights in a wider sense of the term.
   Read the model answer
3. (c) What are legal theories? Discuss imperative theory of law.
   Read the model answer
4. (d) Explain judicial interpretation of enacted law bringing out the two kinds of interpretation & the important rules of interpretation.
   Read the model answer
5. (e) Critically evaluate the status of the unborn, dead and intoxicated persons.
   Read the model answer
6. (f) What is the meaning of the term "property"? Discuss the kinds of property.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.