LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Answer all questions. (2) Figures on the right indicate full marks assigned to the question.

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

1. Q1 Define jurisprudence.
2. Q2 What is the central notion of American Legal Realism?
3. Q3 State the literal rule of interpretation.
4. Q4 How do you understand the word 'Precdent'?
5. Q5 "Ownership is a complex of rights, all of which are rights in rem." explain.
6. Q6 What is a common right? Give an example.
7. Q7 What is animus possidentdi?
8. Q8 What are encumbrances? Give an example.
9. Q9 What is corporation sole?
10. Q10 What are inheritable and uninheritable rights?

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

1. Q11 Sociologial school
2. Q12 Power of the supreme Court under Act. 142
3. Q13 Sources of obligations
4. Q14 Title
5. Q15 Rights and Power
6. Q16 Positive and Negative rights.

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? Give reasons.
2. Q18 Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1977 are enacted by the Central Government under powers givento it by the Employee's Provident Funds and Miscelleneous Provisions Act, 1952 to regulate the procedure of the appellate tribunal. (i) The rules framed by the government can be traced to which source of law? Explain. (ii) Give two reasons for the growth of this kind of source in modern times.
3. Q19 Santosh, a boy of six years murdered his uncle of 37 years who was continuously harassing and exploiting his mother sexually. (i) Is Santosh liable? Explain with reference to his legal status as a person. (ii) Is santosh entitled to rights? Explain.

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

1. Q20 Compare and contrast the imperative theory of law and the natunal law theory.
2. Q21 Discuss the similarities and differences of the legal system and other normative systems.
3. Q22 (1) Define custom. Explain why custom is attributed the force of law? (2) What are the essentials of a valid local custom?
4. Q23 Critically examine the concept of possession.
5. Q24 Bringout the distinction between possession and ownership.
6. Q25 Explain the concept of property and discuss the kinds of property.

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