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LUG-102 Jurisprudence - Legal Method, Indian Legal System and Basic Theory of Law 2023-24 · Odd Semester Examination, 2023-24

LLB

Q1 (4x3.5=14)

  1. Discuss the elements of a state.
  2. The purpose of law is to increase pleasure and reduce pain. Explain these words of Jeremy Bentham.
  3. What is 'Grundnorm'? Why is Kelson's theory called Pure?
  4. Write a note on 'Social Solidarity' of Duguit.
  5. Differentiate between Corporation sole and Corporation aggregate.
  6. Explain any six kinds of legal rights.

Q2 (4x3.5=14)

  1. What are the essentials of a valid custom?
  2. Write a note on 'Natural Justice principles as inspired by Natural school'.
  3. What are the two main kinds of Legislations? Discuss its further classification too.
  4. Differentiate between Ratio Decidendi and Obiter Dicta.
  5. Write a note on 'Realist' movement of Sociological School.
  6. Write the three types of interests as provided by Pound.

Q3 (2x7=14)

  1. Explain the meaning of Jurisprudence as pointed out by various Jurists. Also discuss the nature, scope and purpose/ significance of studying Jurisprudence.
  2. Describe in detail John Austin's (CDS) Command-Duty-Sanction Model or Command theory. National Emergency 1975 and Preventive detention laws are in fact examples of Austin's sovereign/ command theory. Do you agree?
  3. Explain the popular phrase, 'Possession is nine points of ownership'. Also cite different provisions of Indian Laws to support the above mentioned.

Q4 (2x7=14)

  1. Elucidate on Roscoe Pound's theory of social engineering. Also discuss Jural Postulates as provided by him and its examples from Indian Laws.
  2. Rights and Duties are generic terms that include many other terms and interests. Explain and make the detailed chart of Hohfeld's jural relations or analysis of rights and duties.
  3. Discuss the legal status of the following while giving illustrations from different statutes: 1. Unborn Person, 2. Dead Person, 3. Idol.

Q5 (2x7=14)

  1. What is meant by 'Static' and 'Progressive' societies? Support your answer by marking out Henry Maine's 'Stages of development of law' and the shift of society from Status to Contract.
  2. What are the two main elements of Possession as per Savigny? Discuss in this regard the case of Bridges v. Hawkesworth and Armory v. Delamirie.
  3. Elaborate on Savigny's 'Volk Geist' while providing the background for his theory. How do different Jurists criticize the said theory?

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