LL.B. (Five Years) Sem 8 Jurisprudence and Legal Theory Oct 2026 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences, any six (12 Marks - 2 marks each)

1. (a) State the difference between Obiter Dicta and Ratio Decidendi.
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2. (b) State the definition of jurisprudence as given by Salmond.
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3. (c) Explain rights in re propria.
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4. (d) What is meant by mediate and immediate possession?
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5. (e) What is meant by legal and equitable ownership?
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6. (f) Explain delegated legislation.
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7. (g) What do you mean by abrogated decision?
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8. (h) Discuss Roscoe Pound's definition of law.
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9. (i) Which landmark decision of the Supreme Court of India introduced the doctrine of 'prospective overruling'?
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10. (j) Rousseau belonged to which school of jurisprudence?
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Q.2 Q.2: Write Short Notes on any two (12 Marks - 6 marks each)

1. (a) Ancient Indian concept of Dharma.
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2. (b) Grundnorm
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3. (c) Volksgeist theory of Savigny
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4. (d) Status of 'dead person' in the eyes of law
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Q.3 Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. (a) A tribal community in India has a practice that allows men and women of that community to reside together as husband and wife after attaining puberty even if they may be below the age set by the law for marriage. (i) Can this practice be considered as a custom? give reasons. (ii) Describe the essentials of a valid custom.
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2. (b) The state of Wilkonia has passed a law aimed at welfare and protection of maximum rights of the religious majority of Wilkonia and kept the interests of other religious minorities out of the purview of the law. (i) Identify the jurist who advocated for such a purpose of law. (ii) Discuss the features of the jurisprudential school he belonged to.
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3. (c) While taking a walk, Mr. ABC found a watch lying on the road. Mr. ABC picked that watch and kept it for himself. (i) Did Mr. ABC become the owner of that watch? (ii) What kind of rights Mr. ABC have with respect to that watch?
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4. (d) Mr. A makes a will in favour of his unborn child. (i) Is the will valid? (ii) What is the status of an unborn child in the eyes of law?
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Q.4 Q.4: Answer any two in detail (24 Marks - 12 marks each)

1. (a) Explain Natural Law school.
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2. (b) Explain Right duty co-relation.
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3. (c) Is custom a source of law? Explain bringing out the difference between custom and usage.
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4. (d) Different kinds of property.
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