Jurisprudence : Question Paper May 2016

Q1. Answer the following 1/ 2 sentences: [20 marks]

a) What is Solidary obligation ?

b) What is “stare decisis” ?

c) What is grundnorm ?

d) Oliver Wendell Holmes

e) What is de jure possession ?

f) Define justice

g) Meaning of immunity

h) Utilitarianism

i) Define equity

j) Examples of positive rights.

Q2. Short note on any four: [20 marks]

a) Analytical school of jurisprudence.

b) Title

c) Differentiate Custm and Prescription

d) Functions of Jurisprudence

e) Legal persons

f) Lease

Q3. Solve (any two) of the following: [12 marks]

a) Rajesh is openly in possession of the land belonging to Yuvaraj for an unbroken period of 15 years.
i) Can Rajesh claim title to the land ? Explain with reasons.
ii) Explain when is the ownership said to be contingent ?

b) A custom existed whereby Kamins were required to deliver cow manure to Biswedars without any consideration. The Kamins also needed manure to be used in their fields, but they had to give the manure to Biswedars merely because the Kamins resided in the village of Biswedars.
i) Do you think this custom is valid ? Give reasons ?
ii) What are the requirements of law to make a custom operative and valid ?

c) Mr. XYZ forms a permanent private trust for the maintenance of his tomb and those of his decendents.
i) Advice Mr. XYZ on the validity of the formation of such a trust and give reasons.
ii) What are the perspectives regarding the legal status of a dead man ?

Q4. Answer any four : [48 marks]

a) Critically examine the definition of law under the sociological school of jurisprudence.

b) Analyze what does ownership comprise of ? Explain the characteristics of ownership.

c) Explain the formal and material sources of law ?

d) Define the different concepts of property. Describe the different modes of acquition of property.

e) What are the characteristics of Legal rights. Explain different kinds of legal rights.

f) Explain the different elements of a state. Highlight the evolution of the concept of sovereignty.

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