LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory Oct 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer any 6 questions in one or two sentences (12 Marks - 2 marks each)

1. Q1 What is the view of analytical positivism on morality?
2. Q2 What is social engineering?
3. Q3 What do you understand by property?
4. Q4 What is right in a wider sense of the term?
5. Q5 What is a negative right? Give example
6. Q6 What is legislation?
7. Q7 What is per incuriam judgment?
8. Q8 What is usage?
9. Q9 What do you understand by corporate personality?
10. Q10 State any two purposes of law.

SECTION II - Q.2: Write short notes on any two (12 Marks - 6 marks each)

1. Q11 Savigny's Volksgeist
2. Q12 Possession
3. Q13 Essentials of a valid Custom
4. Q14 Power: Public and Private

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

1. Q15 Babu assigns his patent right to XV co.pvt Ltd. for 3 years on a consideration. (i) Discuss the type/kind of property that is transferred? Explain. (ii) Can Babu transfer for a limited time? Discuss.
2. Q16 Assume that the Shani Shinganapur practice of not allowing women is a local custom. (i) Will that practice pass the tests of a valid custom? Give reasons. (ii) Distinguish between a local custom and a general custom?
3. Q17 Art 246 of the Constitution of India Parliament has exclusive powers to make laws with respect to any of the matters enumerated in Seventh Schedule List I. Parliament has enacted Real Estate Regulatory Authority Act, 2016 and Maharashtra government has notified Maharashtra Real Estate Regulatory Authority (General)(Amendment) Regulations, 2024. (i) According to Hart which of the above, the Constitution, Act or the Regulations, are primary rules and why? (ii) What are secondary rules according to Hart? Identify if any secondary rule in the given context above.

SECTION IV - Q.4: Answer in detail any two (24 Marks - 12 marks each)

1. Q18 Explain Natural Law theory with Indian case laws.
2. Q19 Define "Person" and discuss the kinds of persons (7 marks). Does an intoxicated person have rights and duties? Substantiate your answer (5 marks).
3. Q20 Explain doctrine of stare decisis and its importance in the understanding of the sources of law.
4. Q21 What is possession? Bring out its significance in jurisprudence.

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