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Jurisprudence

The document outlines the examination structure for the LLB (3 YDC) Jurisprudence course, detailing various topics and questions across multiple semesters. It includes sections for short answer questions, long answer questions, and case discussions, covering key legal concepts such as sovereignty, natural law, liability, and ownership. The examination is designed to assess students' understanding of legal principles and their application in hypothetical scenarios.

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Juzt Sree Ram
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0% found this document useful (0 votes)
21 views10 pages

Jurisprudence

The document outlines the examination structure for the LLB (3 YDC) Jurisprudence course, detailing various topics and questions across multiple semesters. It includes sections for short answer questions, long answer questions, and case discussions, covering key legal concepts such as sovereignty, natural law, liability, and ownership. The examination is designed to assess students' understanding of legal principles and their application in hypothetical scenarios.

Uploaded by

Juzt Sree Ram
Copyright
© © All Rights Reserved
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Code No. E-18691/BL. FACULTY OF LAW LLB (3 YDC) Ill-Semester Examination, August 2023 Subject: Law Paper - | : Jurisprudence Time: 3 Hours Max. Marks: 80 PART-A Note: Answer any FIVE questions. (5 x 6 = 30 Marks) 1. Theory of Sovereignty 2. Describe elements of ancient Indian Jurisprudence 3. Volksgeist 4. Legal status of unborn persons 5. Obiter dicta 6. Absolute and relative duties 7. Natural Law 8. The purpose of Law PART-B Note: Answer any TWO questions. (2.x 15 = 30 Marks) 9. Discuss the concept of vicarious liability 10. Examine different kinds of ownership and Uifferentiate relationship between ownership and possession 11. Explain the relative merits and demerits of legislation and precedent as source of Law. 12. Discuss theories regarding purpose of criminal Justice. PART-C Note: Answer any TWO questions. (2.x 10 = 20 Marks) 13, Ina village, fire breakout, ‘A’ pulls down a house on fire to prevent its further spread to other houses and property. Discuss the liability of ‘A’ in this case. 14. There wasia large scale leakage of deadly gas from a private industry located ithe hear of the city. As a consequence of leakage number of people died and several other were affected. An action was brought before the Supreme Court, through a writ petition seeking compensation to the victims. Discuss the nature, scope and extent of the liability of private industry. 15, ‘A’ promise to marry ‘B’. Later ‘A’ committed breach of promise. ' approached the court for compelling ‘A’ to keep his promise. Can the court direct ‘A’ to marry 'B? Give reasons. 16. _‘X' transfers property to “Y’ for life, then to ‘2’ on attaining the age of 21 years. What type of interest ‘2’ has over the property? Is it transferable? Discuss. Code No. D-12513/BL FACULTY OF LAW LL.B. (3 YDC) / LL.B. (Honours) (3YDC) Ill Semester Examination, November 2022 Subject: LAW Paper - 1: Jurisprudence Time: 3 Hours Max. Marks: 80 PART—A Note: Answer any five questions (5 x 6 = 30 Marks) Social solidarity Natural Law Declaratory precedents Perfect and imperfect rights Corporation sole Strict liability Incorporeal property 8. Retributive theory NOOSONS PART-B Note: Answer any two questions (2.x 15 = 30 Marks) 9, Evaluate the contribution of Historical School of Jurisprudence. 10.Explain the doctrine of stare decisis. } 11. Discuss the legal status of lower animals, dead men and unborn persons. 12.What are the measures of civil and criminal liability? f PART -C Note: Answer any two questions) (2.x 10 = 20 Marks) 13.A law enacted by the Legislature is challenged on the ground that it is indifferent to morality and violativé.of natural law. Discuss whether validity of positive law canbe — decided, by applying the tests of morality and natural law. 14.A judicial decision has been abrogated by a subsequently enacted legislation by @ competent authority. Is it permissible? Discuss in the light of the scope and extent of abrogative power of Legislatures. 15.A customer found a bundle of variables on the floor of a shop, The true owner of it was not found. In a claim between the shop-keeper and the customer who found it, who has a better title over the valuables? Why? 46. The penal statute provides a provision that attempt to commit suicides is an offence punishable. A woman ran to a well with the intention of committing suicide but was stopped before she could reach the well by her neighbours. Is it an instance of preparation or attempt? Discuss. Code No. 719 FACULTY OF LAW LL.B (3 YDC) / L.L.B. (Hons.) (3 YDC) II Year Ill Semester Examination, February 2021 Subject: Law Paper: | Jurisprudence Time: 2 Hours Max. Marks: 80 PART-A Note: Answer any four questions. 4 40 Marks) Voksgeist Social solidarity Oy Ratio decidendi Codification Legal status of dead men Imperfect duties Vicarious liability ¢? Reformative theory @BYAAGRWNA PART Note: Answer any one question. (4.x 20 = 20 Marks) 9 Explain Kelsen’s pure theory of law. 10 What are the circumstances dgsttoying or weakening the binding force of precedent? Rot 11 Discuss mens rea as a corfi] .enal liability 12 Enumerate the variousgflodeg gf acquisition of property. PART-C Note: Answer any one question. (1.x 20 = 20 Marks) 13 A grandfather exeguted a will in favour of his grandson. The grandson, with a view to enjay theproperty under the will Killed the grandfather. According to law, willis e after the death of testator and the cause of death is immaterial s per the grandson is entitled to inherit the property under the will by randfather. If not, give reasons. alias been enacted by the legislature conferring power on the executive to make rules. Accordingly rules were made by the executive. Both the Act and rules were in force. Later, the Act was repealed by the legislature. What is its effect on the rules? Discuss whether the rules shall continue to be in force. 15 A trader sold a solvent business to a limited company. The company consisted only of the vendor, his wife and children. In payment of the purchase money the company issued debentures to the vendor. Subsequently the company went into liquidation. The question arose whether this debenture holder was entitled to be Paid in preference to the unsecured creditors. A theoretical question also arose whether a company has a legal personality distinct from that of the shareholders. Discuss and decide in the light of theories of corporate personality. 16 X transferred his property to Y for life, then to Z on attaining the age of 21 years by Z. What type of interest Z has? Is it transferable and inheritable? Discuss. ct Code No. 719/BL FACULTY OF LAW . LL.B (3 YDC) / LL. B (3 YDC) (Honours) II - Year Ill - Semester Examination, August / September 2021 Subject: Law Paper: | - Jurisprudence hours Max. Marks: 80 PART-A Answer any four questions. (4.x 10 = 40 Marks) 1 Reformative Theory 2 General and Particular Jurisprudence A 3. State as a Juristic person 4 Capital Punishment 5 The function and purpose of Law 6 Measure of Criminal Liability \ 7 Kinds of Custom 8 Solidary Obligations c PART — Answer any one question. (1.x 20 = 20 Marks) 9 Explain Kelson’s pure theory of law. D 10 Enumerate and explain the various fo ‘subordinate legistation. 11 Discuss theories of corporate parsonality. 12 Distinguish between Ownershi Possession, ) PaRT-c Answer any one aus for (1x 20 = 20 Marks) 13 Mr. Shaw published a k containing photographs and addresses of Prostitutes inthe city. He was charged for conspiracy to corrupt public morally, He contended that hé did not violate any statute. However, he was convicted Identify jyrisPrydential issues involved in this case and resolve them. und a bundle of currency notes on the floor of a shop. The true is not found. In a claim between shop-keeper and the customer who found it, who has a better title? Refer to decided cases. 15 A libel was published by the employee of a company. Both civil suit and criminal complaint was lodged against the company. Is the company liable for the acts of its employee? Is the company liable for crimes? Answer with reasons. 16 A High Court decides a case, ignoring an earlier decision of the Supreme Court, stating that the decision of the Supreme Court was obiter dicta without a binding force. As a result there is an inconsistency between decisions of High Court and the Supreme Court. Is the decision of High Court per incuriam? Discuss the binding force of the decision of the Supreme Court assuming that it was obiter dicta, Code No. 5117/BL FACULTY OF LAW LL.B. (3 YDC) II-Year II|-Semester Examination, October 2020 Subject: LAW Paper —|:: Jurisprudence Time : 2 Hours Max. Marks : 80 PART ~ A (4x10=40 Marks) Answer any FOUR of the following: Holland's definition of jurisprudence Theory of Volksgeist 95 Kinds of precedent Legal status of dead persons Solidary obligations Measure of criminal liability \ Real and personal property Primary and Sanctioning Rights , eronaens 9 Explain natural law theories. 10 What are the advantages and disa‘ iges of codification? 11 Distinguish between ownership and possession. 12 Enumerate and explain thefvatigus theories of Punishment. Congr C (1x20 = 20 Marks) Answer any One of th following questions: e 13 An Act of Parlment contains a provision conferring power on the appropriate government to Rules. Accordingly, the government exercises power to make Rules. If there is inconsistency between a provision of the Act and a Rule made thereunger, which shall prevail over the other? Why? Give reasons. PART — B (1x20 Marks) Answer any One of the following “s 14 A, ile serving in the Army, was stationed in a house requisitioned by the nt and he accidentally found a golden brooch in an upstairs room occupied . The brooch was handed over to the police and they, failing in their attempts to diséover the rightful owner, delivered it to the owner of the house. In a claim between the owner of the house and the finder, who is entitled to it? Decide by referring to a decided cases. 15 ‘X' transfer property to 'Y' for life, then to 'Z' on attaining the age of 21 years. What type of interest ‘2’ has over the property. Is it transferrable and inheritable? Examine. 16 ‘X’ promised to marry ‘Y’. Later X’ committed breach of promise. ‘Y' approached the court for compelling ‘X’ to keep his promise. Can the court direct 'X’ to marry ‘Y'? Give reasons, Code No. 5117 FACULTY OF LAW LLB (3 YDC) / LL.B. (3 YDC) (Hons.) II ~ Year II - Semester Examination, January 2020 Subject: LAW Paper-I Jurisprudence Time: 3 Hours Max.Marks: 80 PART ~ A (5x6 = 30 Marks) Answer any Five of the following. 1 General and particular jurisprudence 2 Classification of Law 3 Equity 4 Codification DY 5. Positive and Negative Rights 6 Legal Status of unborn child 7 Vicarious liability Ky 8 Administration of civil justice C PART —B (2x1 larks) Answer any Two éhthe following. 9 Explain theories of Natural Law. 10 What are the essentials of a Valid Cu 11 Enumerate different kinds of ownership. 12 Discuss ‘mens rea’ as an wo. of penal liability. Bem (2x10 = 20 Marks) iny Two of the following. “ 13 Suppose a case ihe "d by the High Court on ground ‘A’, and then goes on appeal to the Supreme Court which decides it on ground ‘B', nothing being said upon ground ‘A’. In sugh circumstances, which is the precedent value of the decision on ground ‘A’ By.the High Court? 14 Th x lowed their minor children to ride on motorcycle without driving licejse. they drove the vehicle negligently and caused injuries to a pedestrian. Are the Parefits liable for the wrong committed by their children? If yes, which kind of liability it is? Explain the rationale of such a liability. 15 Mr. X found a bundle of currency notes on the floor of a shop. The notes has been accidentally dropped there by a stranger. The party who lost them could not be found. In a case between the shopkeeper and the finder, who has a better claim over the current notes? Discuss. 16 Mr. X has dug deep tube wells, maliciously, in his own land intercepting the flow of ground water. As a result, neighbour's well became diy. Is ‘X’ liable for'it? Discuss in the light of a decided case and a general principle of civil liability Code No. 15111 / BL FACULTY OF LAW LL.B. (3 YDC) / LL.B (Hon.) (3 YDC) II - Year III - Semester Examination, July / August 2019 Subject: LAW Paper-1 Jurisprudence Time: 3 Hours Max.Marks: 80 PART — A (5x6 = 30 Marks) Answer any Five of the following. National Law The function and purpose of law Oo Custom and Prescription oO ¢ Mischief Rule of Interpretation The State as a juristic person Jus necessitates Concurrent possession (2x15 = 30 Marks) Anj \y Two of the following. 9 Evaluate the contributiogt fociolosica school of jurisprudence. 10 What are the relativgsmerits and demerits of legislation and precedent as sources of law? PNOnDAON 11 Explain inalysis of legal rights and duties. 12 Disting een ‘ownership’ and ‘possession’. PART — C (2x10 = 20 Marks) Answer any Two of the following. 13 Ina criminal case, as against the judgment of conviction by the lower court, two appeals were preferred before the High Court. One appeal was posted before a division bench of two judges namely X and Y. Another appeal was posted before another division bench of two judges namely A and B. The first beach confirmed the judgment of conviction, whereas the second bench reversed the judgment of conviction. How to overcome this situation? Answer with reason. 14 A doctor was prosecuted by a company alleging that he had issued false certificates of illness to its employees for claiming medical expenditure from the company. The case ended in acquittal. Then the doctor filed a civil suit against the company claiming damages for the tort of malicious prosecution. Decide whether a company can commit the tort of malicious prosecution by referring to theories of corporate personality. Code No. 15111 / Ble -2- 45 A-servant was employed by the Water Company to clean out a pool on the land owned by the company. During cleaning operations the servant found a gold ring in the mud at the bottom of the pool. There arose a dispute between the company and the servant about the title of the ring. Decide with reasons. 46 A woman ran to a well with the intention of committing suicide but was ‘stopped before she could reach the well by her neighbours. She is prosecuted for an attempt to commit suicide. Is it an instance of preparation or attempt? Discuss distinguish between ‘preparation’ and ‘attempt’ ‘Code No. 15111 FACULTY OF LAW L.L.B (3 YDC) / LLB (Hon.) (3 YDC) II Year III Semester Examination, Jan. / Feb, 2019 Subject: Law Paper—1: Jurisprudence Time: 3 Hours Max. Marks: 80 Note: Answer all questions each question carries equal marks. PART ~ A (5X6=30 Marks) (Short Answer Type) Answer any Five of the following : Philosophical schoo! Volksgeist Subordinate legislation < Perfect and imperfect rights Legal status of unborn persons - . Strict liability 3S) Definition of ownership~ Preventive theory< ONOOMRENA PART — B(215=30 Marks) Answer any Two of the following. 9. Evaluate the contribution of Roséos)Pound. 10. Discuss precedent as a source of law. 41. Define obligation and a various sources of obligation. 12. What are possessory rentedies? PART - C (2X10=20 Marks) Answer any Two of.the following : 13. Ifa statute'¥g,in conflict with a pre-existing custom, which shalll prevail over the other? ‘When tee 8 istom prevail over the statute? Discuss in the light of Austin’s theory of Law” 14. A decisigh given by the supreme Court has been abrogated by a subsequent legislation enacted by the Parliament. Is the decision given by the Supreme Court still binding on lower courts? Discuss. 15. An Insurance company was sued for defamation when its superintendent sends circular letter to its policy holders containing allegations against an ex-employee of Ww company. |s the company liable for the tort of defamation? Decide. 16. A woman employed a goldsmith for melting her old jewellery and making a new one out of it. Every evening she received the unfinished jewellery and put it into a box kept at goldsmith’s house. She however kept the key of that box with herself. Who was in Possession of unfinished jewellery? Decide. Code No. 9559 FACULTY OF LAW LL.B. (3 YDC)/LL.B. (Hons.) (3 YDC) II -Year Ill-Semester Examination, March / April 2018 Subject: LAW Paper - | : Jurisprudence Time : 3 Hours Max. Marks : 80 PART — A (5x6=30 Marks) Answer any FIVE of the following: 1 Analytical School 2. Social engineering \3 Doctrine of precedent 4. Positive and Negative rights \5“Legal status of dead persons SO Vicarious liability J Definition of property \g-Retrbuive theory PART - B (2x15'= 30 Marks) Answer any TWO of the following questions: apes theories of natural law. , xplain the advantages and disadvantages lof codification. 11 Write a critical note on Hohfeld’s analysis of legal conceptions. istinguish between ownership and possession (PART C (2x10 = 20 Marks) Answer any TWO of the following.questions: 13 A question arose as to’the nature, scope and extent of the power of Parliament to amend the provisions of the)Constitution. Is it imited or unlimited ? Decide by applying the Grund Norm Theory. 14 A boy was employed by the company to clean out a pool on land owned and occupied by the company’ During the cleaning operations, the boy found certain gold rings in the mud at the bottom of the pool. In a dispute between the boy and the company, who was in first possession of the rings? Give reasons. ‘An old Gentlemen executed a will in favour of his grandson. The grandson killed him in order to inherit property immediately. Is the grandson entitled to inherit the property,under the will? Decide. An incorporated company carries on an industrial activity which is hazardous in nature. Due to leakage of poisonous gas from it, the people residing in that locality were affected and some of them died. Discuss the criminal liability of the company. If itis an offence punishable with imprisonment, how to execute the punishment against the company? thee

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