LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions in the answerbook, and if required in additional answer books. There are no different sections.

SECTION I - Q.1: Answer all ten questions (20 Marks - 2 marks each)

1. Q1 What is 'obiter dicta'?
2. Q2 Define 'custom'.
3. Q3 What is 'subordinate legislation'?
4. Q4 What is 'real property'?
5. Q5 What is 'grund norm'?
6. Q6 What is a 'right in rem'? Give example.
7. Q7 What is the entitlement to gift one's own house called in terms of rights in a wider sense? Explain.
8. Q8 What do the expressions "Natural Persons" and "Artificial Persons" mean?
9. Q9 What kind of justice is reflected in Article 17 of Indian Constitution? Explain.
10. Q10 Define jurisprudence.

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

1. Q11 Historical school
2. Q12 Legislation
3. Q13 Rights in re propria and rights in re aliena
4. Q14 Agreements
5. Q15 Title
6. Q16 Characteristics of a legal right.

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

1. Q17 'A' steals a jewel from 'B' and 'A' is punished under law for that. (i) By his wrong, what kind of possession does 'A' get? (ii) How does law seek to protect possession?
2. Q18 A, B & C, partners of a firm ABC approach and take a loan of Rs. 6 lakhs from a bank, FI for the business of the firm. (i) What is the right of FI to the claim of the money called? What is its source? (ii) State the nature of liability involved factually and under Indian law.
3. Q19 By a contract of service, an employee accepted that during the term of his agreement she shall not compete with his employer directly by carrying on similar business or by accepting any other employment during her period of service. (i) Comment on the negative right and the negative duty in this case. (ii) Generally rights in rem are negative rights. Why?

SECTION IV - Q.4: Answer any four in detail (48 Marks - 12 marks each)

1. Q20 Critically examine the definition of law given by H.L.A. Hart.
2. Q21 Discuss the functions of law.
3. Q22 Discuss the legal status of lower animals, dead persons and unborn persons.
4. Q23 State the circumstances under which the binding force of a precedent is either lost or weakened.
5. Q24 What is right, if the term is used in the wider sense? Explain Hohfield's analysis of rights in the wider sense.
6. Q25 Explain fully the concept of ownership. Bring out the different kinds of ownership.

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