DAMO DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM

SEMESTER III Repeat End – Semester Examinations, February - 2020

Jurisprudence (03-5)
Instructions:
1. Answer all questions.
2. Any over writing in answering question No. I will invalidate the relevant answer.
3. Do not write anything on the question paper. It will be treated as malpractice.

Total Marks - 50
Time: 2½ Hours

I. Answer the following (20 x 0.5 marks = 10 marks)

1. Law is a means of
A) Social Theory
B) Individual development in society
C) State Action
D) Social Control

2. Precedent is a source of Law in

A) Common law system
B) International law
C) Civil law system
D) All the above system

3. The meaning of per incurium is as follows

A) A decision which ignores a statute on the subject
B) A decision which ignores the case law on the subject
C) A decision which ignores the Constitution on the subject
D) All of the above

4. In the modern law state, the best source of law is

A) Convention
B) Custom
C) Legislation
D) Precedent

5. The binding nature of precedents is established by

A) Res judicat
B) Obiter dicta
C) Stare decisis
D) All of the above

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6. Salmond divided the law into two classes
A) Formal source and Material Source
B) Formal sources and informal source
C) Codified and uncodified source
D) Private and Public Source

7. Fiction theory is related to which one of the following concepts?

A) Legal Personality
B) Ownership
C) Liability
D) Justice

8. Which one of the following is a legal person?

A) The Supreme Court of India
B) Damodar Valley Corporation
C) Chief Mister of State
D) Governor of a State

9. An idol of Lord Krishna in a temple is

A) A natural person
B) A legal person
C) Not a person in the eye of law because only the priest of the temple will be a person
D) Not a person because no personality can be conferred on God

10. ‘A person is any being whom the law regards as capable of rights or duties’, according to
A) Ihering
B) Bentham
C) Julius Stone
D) Salmond

11. How many kinds of persons are recognized by law?

A) 2
B) 3
C) 4
D) 5

12. Main suggest that after the four stages of development of law,i.e. divine inspiration,
customary law, priestly development and codification, if law ceases to develop, the society is
A) Static
B) Progressive
C) Undeveloped
D) Immovable

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13. According to Maine, the movement of progressive societies has hitherto been a movement
from
A) Fact to fancy
B) Fancy to fact
C) Status to contract
D) Contract to status, as contract give rise to status

14. Who wrote the book “the province of jurisprudence determined”?

A) Austin
B) Bentham
C) Dicey
D) Holland

15. “The limitation of jurisprudence is defined” was published in 1945.It was written by
A) Hobbes
B) Austin
C) Bentham
D) Blackstone

16. Laws set by political superior to political inferior are

A) Positive law
B) Utilitarian theory
C) Natural law
D) Law of metaphor

17. The basic concept of Duguit’s theory is

A) Individual social solidarity
B) Collective solidarity
C) Basic solidarity
D) Social solidarity

18. According to Pound’s classification, interest in the preservation of States as such is a

A) Private interest
B) Public interest
C) Social interest
D) Political interest

19. Legislation as source of law include

A) Custom
B) Convention
C) Precedent
D) Law framed by organized or defined

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20. Which one is not essential for proving custom?
A) Certainty
B) Consistency
C) peaceable enjoyment
D) Written

II. “The history of natural law is a tale of the search of mankind for absolute justice and its
failure”— In the light of the above statement, discuss the reasons for revival of natural law
philosophy in the 20th Century. Examine the contribution of natural law, philosophy to Indian
legal system with suitable examples. (1 x 10 marks = 10 marks)

III. ‘A’ sells ‘B’ a cupboard, which unknown to both contains jewels in a secret drawer. Who has
possession? Decide. (1 x 10 marks = 10 marks)

IV. “The legislation is the most important source of Law in modern times, but at the same time
precedent is an equally important source of Law from the standpoint of authority.” Comment
with the help of appropriate illustrations. (1 x 10 marks = 10 marks)

V. Answer any two of the following (Out of the three) (2 x 5 marks = 10 marks)

i) Distributive Justice
ii) Possession
iii) Ownership

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