LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory May 2012 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 do you understand by 'Personal' and 'real' property?
2. Q2 What is solidary obligation?
3. Q3 State the definition of legal duty.
4. Q4 Bring out the distinction between custom and convention.
5. Q5 Define a corporation sole giving an example.
6. Q6 Are animals legal persons? Give reasons.
7. Q7 What are the modes of acquiring property?
8. Q8 What is dejure possession?
9. Q9 How do realists define law?
10. Q10 What is 'pure theory of law'?

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

1. Q11 Law and morality
2. Q12 Theories of corporate personality
3. Q13 Functions of law
4. Q14 Components of a Legal Right
5. Q15 Possession
6. Q16 Kinds of property.

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

1. Q17 The custom of child marriage and dowry persisted in India for long and still continues as a custom. (i) Can these customs be enforced in a court? Give reasons for your answer. (ii) State the judicial tests for valid customs.
2. Q18 An insolvent/bankrupt cannot sue for torts in respect of his property because right to property then passes to the Official Receiver. (i) Is it correct to say that an insolvent is devoid of personality under law? Explain. (ii) Explain 'capacity' vis-a-vis rights in a wider sense.
3. Q19 In Vishaka v State of Rajasthan, the supreme Court of India has laid down guidelines to prevent and remedy sexual harassment of women in work places. The Court has ruled that the guidelines will be the law until parliament enacts a suitable legislation in this regard. (i) Explain 'Law in accordance with justice' and justice in accordance with law in the light of the judgement. (ii) Explain 'declaratory theory of precedants' in the light of this judgement.

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

1. Q20 Examine natural law theory critically.
2. Q21 (i) Explain the meaning and kinds of justice (4 marks). (ii) Discuss the functions and purpose of law (8 marks).
3. Q22 Discuss 'Legislation' as a source of law and bringout how it is superior to the other sources.
4. Q23 Define 'legal right'. Examine the different kinds of rights with examples.
5. Q24 Explain the concept of ownership and the different kinds of ownership.
6. Q25 Discuss the personality of minor, lunatic and drunken persons.

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