Jurisprudence – 2 2nd Semester 1st Year CCSU Important Questions

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Q. 1. Explain various theories of legal personalities. Which theory do you prefer?

OR

Enumerate various theories relating to corporate personality.

OR

Trace the difference between a legal person and a natural person.

Q. 2.Give the characteristic of a Corporation. How does it differ from an aggregate of human beings ? What are the two kinds recognised by English law?  

Q. 3.

(a)What do you mean by Legal Person and give its kinds with illustrations?

(b) Discuss the Legal status of (i) Animal, (ii) Dead Person, (iii) Unborn Person and (iv) Idol.

Q. 4. Define Legal Right and explain its essential elements. 

Q. 5.”Rights and duties are necessarily correlative.” Discuss.

OR

Critically examine the statement that “rights and duties are correlated”.

Q. 6. Distinguish between of the followings:—

(i) Perfect right and Imperfect right,

(ii) Right in rem and Right in personam,

(iii) Proprietary right and Personal right,

(iv) Right in propria and right in aliena.

Q. 7. What do you mean by the term ‘Duty’. Is there any concept of `Absolute Duty’? Explain with reasons.

Or

Define the term ‘Duty’. What is meant by the term ‘Absolute Duty’? Explain.

Q.8. Define ownership. What are various elements of ownership?  

Q. 9. ‘Ownership is a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.’—Austin. Explain. 

Q. 10. State the different kinds of ownership.  

Q. 11. Examine the proposition, “Possession is nine points of the Law ?

OR

Discuss the relationship between ‘possession’ and ‘ownership’

Q. 12. “Property is objectified will”. Examine this statement. What are the other important theories of ownership 

Q.13. Explain the relation between the possession and ownership .

Q.14. What are the rights of the possessor ?

Q.15. Write short notes on the following :

(a) Possession in Fact

(b) Possession in Law

(c) Ihring’s Theory of Possession

(d) Corporeal and Incorporeal Possession

(e) Mediate and Immediate Possession

(f) Concurrent Possession or Duplicate Possession

(g) Constructive Possession

(h) Adverse Possession

Q.16. (a) “Neither animus nor corpus is sufficient by itself. Possession begins with their union and lasts only until one or both of them disappear”. Discuss.

Or

Define Possession and explain its essentials.

Q. 16 (b). Discuss the relation between Law and Morals. Is there law in morals and morals in law ? 

Q. 16 (c). What do you understand by a fiction of law? 

Q. 16 (d). Explain the various theories of punishment. Which of them do you consider the most suitable for India ?

Or

Critically examine the purpose of Administration of Criminal Justice and its utility.

Or

Examine the merits of Theories of Punishment and Trace its importance in Administration of Criminal Justice.

Q. 17. (a) What do you mean by “liability” ? Distinguish between Civil and Criminal Liability and Penal and Remedial Liability.  

Q. 17 (b). Write short notes on the theories of liability.  

Q. 17(c). What do you understand by ‘Civil’ and ‘Criminal’ justice? Why there is a need for administration of such justice? Discuss.

Or

What are different kinds of justice? What are advantages and disadvantages of administration of justice? Discuss.

Q.17 (d).”Do the judges make law or only declare the existing law” ? Refer to different theories in this regard. ,

Or

“Judges are the discoverers of law, not the creators of law.” Comment.

Q.17 (e). Explain the Liability of a legal persons.  

Q.17 (f). What is precedent ? Point out its characteristic features. When it can be disregarded by state ?

Q.17 (g). What is the principle of Lifting the Corporate Veil ? .

Q. 18 (a). When does Custom become law? Point out the views of Austin in this regard critically. What do you understand by the term Source of Law and what are its kinds? Discuss the importance of Custom as a Source of Law.

Or

Define Custom. What are the essential elements of a Custom? How far Custom is recognised as a source of law in India?

Or

Custom only persists where Legislation has yet not peneterated. Discuss.

Or

” “Custom is to society what law is to State.” Explain this statement of Salmond.

Q. 18 (b). “In the twentieth century Legislation has emerged as the most vital source of law.” Comment. Or “Legislation is either supreme or subordinate.” Discuss. Or Define legislation and give its kinds with illustrations.  

Q. 18 (c). Compare the relative importance of Legislation with Custom and Precedent. Also explain the advantages and disadvantages of Legislation as a source of law. 

Q. 18 (d). Define and distinguish between Ratio Decidendi and Obiter Dicta.  

Q. 18 (e). What are the main theories of Legal Rights ? Explain in brief. 

Q. 19(a). What do you mean by State ? Explain its essentials. 

Q 19(b). What are the various theories relating to the origin of the State? 

Q. 19(c). (i) Explain the various kinds of the State. (ii) Explain the relation between Law and State. 

Q. 19 (d). What do you mean by Sovereignty ? Critically explain the Austin’s theory of sovereignty. Where does sovereignty reside in India ? 


Q. 19 (e). What do you mean by the concept of justice ? What are its various forms ? Explain the advantages and disadvantages of justice according to law.

Q.20 (a). What is delegated legislation ? What are the reason for it and safeguards again it ? 

Q.20 (b). What are the role of Delegated Legislation in India ?