LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions in the answer-book and if required in additional answer-books. (2) There are no different sections.

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

1. Q1 What is ratio decidendi?
2. Q2 What is golden rule of interpretation?
3. Q3 What is PIL?
4. Q4 Define obligation.
5. Q5 What is a secondary right? Give example.
6. Q6 What is 'right in the wider sense of the term'?
7. Q7 What is bracket theory?
8. Q8 What is grund norm? Who propounded it?
9. Q9 What are trusts?
10. Q10 Is 'international law' law?

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

1. Q11 Feminist jurisprudence
2. Q12 Imperative theory of law
3. Q13 Encumbrances
4. Q14 Kinds of obligations
5. Q15 Title
6. Q16 Kinds of Possession.

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

1. Q17 Gray has said in his book 'Nature and Sources of Law' that right is not interest, but the means whereby the interest is secured. (i) Who has defined right as an interest? State the definition. (ii) Do you agree with Gray? Explain.
2. Q18 A grants his land to B for life and if C survives B, to C absolutely. (i) Identify the kind of the right of 'C' and explain the nature of such right. (ii) B's right in the land is personal or proprietory? Explain. (iii) Is B's right inheritable? Explain.
3. Q19 A the owner of a wooden bureau delivered it for repairs to a carpenter B. B discovered money in a secret drawer in the bureau and appropriated the money for his own use. A was not aware of the secret drawer. B was punished for larceny. (i) Why is the possession of 'money' not considered to have been transferred to B along with the bureau? Explain in the light of the elements of possession. (ii) Distinguish possession and ownership.

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

1. Q20 What is the central notion of the natural law theory? Discuss the merits and demerits of the theory.
2. Q21 Elaborate on the various functions of law.
3. Q22 Compare and analyse 'Privilege' and 'Power'. What are their jural correlatives and their jural opposites?
4. Q23 (i) Define ownership. What are its characteristics? (ii) What are the different kinds of ownership?
5. Q24 Discuss the legal status of minors, unborn persons and intoxicated persons.
6. Q25 What are the formal and material sources of law? Discuss 'Custom' and explain the reasons for the reception of custom as a source of law.

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