LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Nov 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 What is a legal theory?
2. Q2 What is the central notion of the natural law theory?
3. Q3 State how H.L.A. Hart defines law.
4. Q4 Define possession.
5. Q5 Distinguish between a persuasive precedent and a binding precedent.
6. Q6 State the golden rule of interpretation.
7. Q7 Define 'immunity'.
8. Q8 What are rights in re propria? Give examples.
9. Q9 What do you understand by the right to alienate?
10. Q10 What is a negative rihgt? Give example.

SECTION II - Q.2: Answer by providing brief notes on any four (20 Marks - 5 marks each)

1. Q11 Historical school
2. Q12 Kinds of ownership
3. Q13 Functions of law
4. Q14 Convention
5. Q15 Theories of corporate personality
6. Q16 Right-Duty relationship.

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

1. Q17 AB and Co. Ltd. sold its patent acquired through its Research and Development Department to a partnership firm for a huge profit. (i) Compare the power of the company to sell its patent and the power of the government to regulate patents in the high to rights in a wider sense of the term. (ii) Explain final corelatives.
2. Q18 Customary requirement of 'Saptapati', seven steps by the bride and bride-groom, is codified and is now a requirement under Hindu Marriage Act, 1955. (i) Comment whether 'Saptapati' satisfies the test of reasonableners. (ii) Explain the 'test of antiquity' for validity of a local custom.
3. Q19 The Dandi march defying the tax on salt as a component of India's freedom struggle is well known world wide. (i) This salt Satyagraha reminds us of which legal theory? Substantiate. (ii) How is disobedience to law viewed by Austin?

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

1. Q20 Explain Kelson's theory of law.
2. Q21 Define an obligation. Bringout the sources of obligations with examples.
3. Q22 Analyse 'legislation' as a sousrce of law. Give reasons for its primary among sources.
4. Q23 Examine the personality of (i) Unborn persons (ii) Intoxicated persons (iii) Dead.
5. Q24 Define a right. Bringout the characteristics of the right.
6. Q25 What is property? What do you understand by 'encumbrances'? Explain in detail.

Read from the scan above, so a character or two may differ. The scan is the original.