You are on page 1of 11

2011

1. Analyze the characteristics of sociological school of Jurisprudence.


Evaluate the position of this school in modern Indian legal system..

The chief characteristics of Sociological Jurisprudence are as follows:

1. Sociological jurists are concerned more with the working of law rather than with the nature of law.
They regarded law as a body of authoritative guides to decision and of the judicial and administrative
processes rather than abstract content of authoritative precepts.

2. It considers law as a social institution which can be consciously made and also changed, modified or
retained on the basis of experience. In other words, it synthesizes both the analytical and historical
approach to the study of law.

3. Sociological Jurists lay emphasis upon social purposes and social goals and expectations which are the
law subserves rather upon sanctions and coercive character of law.

4. Sociological jurists look on legal institutions, doctrines and precepts functionally and consider the
form of legal precepts as a matter of means only to satisfy greatest good of the greatest number.

2. “Possession is nine points of law” Explain and discuss the nature and
scope of possessory remedies.

Possession is nine-tenths of the law is an expression meaning that ownership is easier to


maintain if one has possession of something, or difficult to enforce if one does not. The expression is
also stated as "possession is nine points of the law", which is credited as derived from the Scottish
expression "possession is eleven points in the law, and they say there are but twelve."[1]
Although the principle is an oversimplification, it can be restated as: "In a property dispute (whether
real or personal), in the absence of clear and compelling testimony or documentation to the contrary,
the person in actual, custodial possession of the property is presumed to be the rightful owner. The
rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you
are currently wearing is presumed to be yours, unless someone can prove that it is not
The adage is not literally true, that by law the person in possession is
presumed to have a nine times stronger claim than anyone else, but that "it
places in a strong light the legal truth that every claimant must succeed by
the strength of his own title, and not by the weakness of his antagonist's."[3]
The principle bears some similarity to uti possidetis ("as you possess, so
may you continue to possess"), which currently refers to the doctrine that
colonial administrative boundaries become international boundaries when a
political subdivision or colony achieves independence. Under Roman law, it
was an interdictum ordering the parties to maintain possession of property
until it was determined who owned the property.

In the Hatfield-McCoy feud, with testimony evenly divided, the doctrine that
possession is nine-tenths of the law caused Floyd Hatfield to retain
possession of the pig that the McCoys claimed was their property.[5] It has
been argued that in some situations, possession is ten-tenths of the law.[6]
While the concept is older, the phrase "Possession is nine-tenths of the law"
is often claimed to date from the 16th century.[7] In some countries,
possession is not nine-tenths of the law, but rather the onus is on the
possessor to substantiate his ownership.[8]

This concept has been applied to both tangible and intangible products.[9] In
particular, "knowledge management" presents problems with regard to this
principle.[10] Google's possession of a large amount of content has been the
cause of some wariness due to this principle.[11] It has been said that there
was a time in which the attitude towards rights over genetic resources was
that possession is nine tenths of the law, and for the other tenth reliance
could be made on the principle that biological resources were the heritage of
mankind.[12]

Aboriginal people frequently encounter this principle.[13] There is some


question as to whether the principle applies to Native American land
claims.[14][15] It has been said that “squatter's rights” and “possession is
9/10ths of the law” were largely responsible for how the American West was
really won.
3. Explain what is meant by liability. How is it affected and how does civil
liability differ from criminal liability?
4. “Law is the command of the sovereign.” Discuss.
5. “A legal person is any subject matter other than a human being to
which the law attributes personality.” Discuss.
6. write a short notes on any four of the following:
a. Sovereignty
b. Historical School of Jurisprudence
c. Obligation
d. Precedent as a source of law
e. Characteristic of legal rights and
f. Ratio decedendi
7. Attempt any five of the following:
a. Define rights in rein
b. What do you understand by Supreme Legislation?
c. What is obiter dicta?
d. State the essential elements of State.
e. What do you mean by administration of justice?
f. What are the interests recognized by Roscoe Pound?
g. What do you mean by sole ownership?

2012

1. Define Jurisprudence. Explain the nature and scope of Jurisprudence.


2. Define ownership. Explain its main elements. Distinguish it from
possession.
3. Explain Legislation as a source of law. What are the advantages and
disadvantages of legislation?
4. Do you think Obligation is synonymous to duty? Discuss the juristic
sense of obligation.
5. “The principle of natural right and wrong is the principle of natural
justice”. Discuss.
6. Write short notes on any two of the following:
a. Custom as a source of law
b. Essential elements of state.
c. Right in rem and right in personam
d. Ratio Decidendi
7. Answer any five of the following:
a. What do you mean by administration of justice?
b. What are the interests recognized by Roscoe Pound?
c. What is the legal status of an unborn child?
d. Define Sovereignty.
e. What is subordinate legislation?
f. What is subordinate legislation?
g. What is Obiter dicta?
h. How does civil liability differ from criminal liability?

2013

1. “Jurisprudence is the science of civil law”. Discuss


2. Analyze Kelsen’s Pure Theory of Law. Where does the Grundnorm lie in
a federal constitution? Give examples from the Indian legal system.
3. Analyze the importance of custom as a source of law with special
reference to the Indian context.
4. Examine the different definitions of right given by various writers.
Which of these you consider to be more correct and why? Give
reasons.
5. Give the various theories of legal personality. Which of these you
consider to be more correct and why? Give reasons
6. Write short notes on any four of the following:
a. Sovereignty
b. Sole ownership and co-ownership.
c. Possession in law and possession in fact.
d. Subjective and objective theories of negligence.
e. Capital punishment.
f. Analytical Positions.
7. Attempt any five of the following:
a. What are the rules of interpretation?
b. What is meant by state?
c. What are the modes of acquisition of property?
d. What is the nature of obligations?
e. What is meant by justice according to law?
f. What is ratio decidendi?

2014

1. Discuss the nature, scope and utility of Jurisprudence.


2. “Law is a rule laid down for the guidance of an intelligent being by an
intelligent being having power over him”. Discuss this theory.
3. Discuss the necessity of Punishment in brief. What are the various
theories of punishment? Elaborate one of the theories.
4. Give an analysis of the possession as a part of the legal theory. Write
the concept of possession in India.
5. Discuss the concept of Liability with various case laws.
6. Write short notes on any five of the following:
a. Grundnorm in Kelsen theory
b. Relationship between Rights and Duties.
c. Corporate Personality
d. Sole Ownership and Co-Ownership
e. Difference between custom and Usage.
7. Attempt any five questions of the following:
a. What is legal position of an unborn child?
b. What is Obiter dictum?
c. Define ownership Legislation?
d. Distinguish between Right in Rem and Right in Personum
e. What are equitable Rights.

2015

1. Discuss the term ‘Law’ from the Jurisprudential point of view.


2. Give an analysis of the Tosco Pound Social Engineering theory.
3. Write note on codification and legislation. What are the advantages and
disadvantages of codification?
4. “There can be no right without a corresponding duty or a duty without
a corresponding right any more than there can be husband without a
wife or a father without a child”. Explain.
5. Discuss the concept of legal person. “Although all legal personality
involves personification the converse is not true”. Explain
6. Write a short notes on any five of the following:-
a. Explain the purpose of Jurisprudence.
b. Compare and contrast the theories of Savigny and Maine?
c. Explain Conventional Law.
d. Write notes on Retributive punishment.
e. Write the distinction between substantive and Procedural laws.
f. Write a brief note on Abrogated Decisions.
7. Attempt any five questions of the following:
a. What are equitable rights?
b. What is right in re-aliena?
c. What is concurrent possession?
d. Distinguish between animus possidendi and corpus possessionis.
e. What is perpetual succession?
f. What is Mischief Rule?

2016
1. Discuss the various definitions of jurisprudence as defined by different
jurists. Jurisprudence is often said to be “the eye of Law”. Explain it
focusing on utility.
2. Explain the concept of law as given by Austin. State the merits and
demerits of the “Austinian concept of Law”. How for is Austinian
concept of law correct for India Today?
3. Define liability. Analyze various kinds of liability with suitable
illustrations.
4. What do you understand by “possession”? What are the elements of
possession? How does it differ from ownership?
5. Analyze legislation as a source of law. What are the advantages of
legislation over precedent?
6. Write short notes on any four of the following:
a. Necessity administration of justice
b. Golden rule of interpretation of statues
c. Principal and accessory rights
d. Relation between state and law
e. Legal status of dead persons
f. Essentials of a valid custom
7. Attempt any 5 of the following:
a. What is the meaning of sovereignty of a state?
b. What is grundnorm?
c. Define codification.
d. Distinguish between supreme legislation and delegated
legislation.
e. What is the meaning of property?
f. Define ration decidendi.
2017

1. What is jurisprudence? Discuss the nature and utility of jurisprudence.


2. What do you understand by “administration of justice”? Explain civil
and criminal justice.
3. Write the essentials of a legal right. How can a legal right be enforced?
4. Define State. What are the essential elements of a State?
5. Write Austins definition of ownership. Discus the essential of
ownership.
6. Write short notes on any four of the following:
a. Absolute Liability.
b. Incorporal Property
c. Importance of justice
d. Delegated legislation
e. Authoritative and persuasive precedents
f. Legal status of idol.
7. Answer any five from the following:
a. What is legal interpretation?
b. Define vicarious liability.
c. What is corporal possession?
d. Define negative duty
e. When does a custom become law?
f. What is obiter dictum?
2018

1. Critically analyse Austin’s Theory of lawa.


2. What is the purpose of criminal justice? Discuss the different theories
of punishment.
3. What are the kinds of legislation? Discuss the advantages of legislation
over custom.
4. Explain different kinds of ownership with illustrations.
5. What are the essential elements of state? What is the relationship
between the Sovereign State with law?
6. write short notes on any four of the following:
a. Incorporeal property
b. Necessity of administration of Justice
c. Natural law and the Supreme Court of India
d. Theory of Social engineering
e. Relationship between rights and duties
f. Binding force of custom
g. Logical interpretation of statutes
7. Answer any five of the following:
a. What is Jurisprudence?
b. Define international Law
c. Define legal person
d. How is precedent a source of law?
e. What is the meaning of property?
f. Define the term ‘Grundnorm’.
g. What is codification?

You might also like