LL.B. (Three Years) Sem 4 Jurisprudence and Legal Theory May 2026 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Answer all questions as per instructions. 2. Marks are as indicated at the right side of the question

Q.1 Q.1: Answer briefly any 6 (12 Marks - 2 marks each)

1. (a) According to Kelson what is a norm?
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2. (b) What are the elements of a State?
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3. (c) What do you understand by remedial justice?
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4. (d) What is Holmes' view on law?
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5. (e) Explain land as property.
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6. (f) What is an uninheritable right? Explain with example
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7. (g) What are possessory remedies?
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8. (h) What is a decision per incuriam?
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Q.2 Q.2: Write brief notes on any two (12 Marks - 6 marks each)

1. (a) Classification of Law
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2. (b) Binding Precedents
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3. (c) Natural law theory
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4. (d) Sources of obligations
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Q.3 Q.3: Answer the questions that follow the situation, any two of the four (12 Marks - 6 marks each)

1. (a) In a matter before the highest court, State took the defence in respect of detention for terrorism that it is the creation of God and is above human laws; state has absolute authority to act in order to protect the land and people. (i) What is the basis of the claim of the State? State and explain. (ii) Is it tenable in a constitutional democracy? Substantiate.
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2. (b) A custom in a village allows only males to inherit immoveable property. Women in that village are agitating the issue before the court. (i) What is custom? Distinguish it from usage. (ii) Whether such a custom is valid in modern law?
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3. (c) H L A Hart defined law as a system of primary and secondary rules. (i) What according to Hart are secondary rules? (ii) Why is law obeyed according to him?
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4. (d) Part III of the Constitution guarantees several rights. A few rights like right to education, public assistance are recognized in directive principles in Part IV also. (i) Rights in Part III are perfect while rights in Part IV are imperfect: Verify the correctness of this statement. (ii) Give examples of rights in Part III that are transferable rights.
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Q.4 Q.4: Provide detailed answers to any questions, as printed (39 Marks)

1. (a) Explain the theories of corporate personality.
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2. (b) 'Via tria, via tuta': explain the basic tenets of historical school.
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3. (c) Discuss legislation as a source of law bringing out importance of statutory interpretation.
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4. (d) What is jurisprudence? Explain the nature, scope, and significance of jurisprudence.
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5. (e) Explain 'judicial Authority' as a right in the wider sense of the term. (Hofieldian Analysis)
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Read from the scan above, so a character or two may differ. The scan is the original.