EXAMS QUESTION OCTOBER 2019_ 2

COURSE TITLE: JURISPRUDENCE AND LEGAL THEORY 1

COURSE CODE: JIL 515

ANSWER FOUR QUESTIONS ONLY

TIME ALLOWED: 3 hrs

QUESTION NO. ONE IS COMPULSORY

1. The Department of Jurisprudence and International Law is the

“heart beat” of all Faculties of Law in the world including
Faculties of law of the most prestigious Universities of Harvard,
Oxford and Cambridge. Consequently, Jurisprudence is
regarded as” the eye of the law” just as the use of the eyes to the
human body. As a final year student of the National Open
University of Nigeria, deontically examine this statement.
25 Marks
2. The concept of Legal personality in jurisprudence has been very
crucial even among Jurists in determining the meaning of the
word legal personality for the purposes of rights and obligations.
This has undergone many shifts in different theories today.
Discuss at least six theories of legal personality as postulated
by jurists. 15 marks

3. According to Lord Denning „In order for an act should to be

punishable as a crime, it must be morally blameworthy. It must
be a sin. But Lord Coleridge said that the absolute divorce of law
from morality would be of fatal consequences‟. What is the
relationship between positive Law and morality and distinction
between law and morality. Support you answer with judicial
authorities.15 marks
4. Explain five duties of a lawyer to the courts in Nigeria and with
the aid of judicial authorities discuss the rules of interpretation
by courts. 15 marks

5. According to Salmon on jurisprudence, he said, in the whole

range of Legal theory, there is no concept more difficult to define
than that of possession; possession is the most basic relation
between man and thing. Moreover, there is an old common law
precept or adage which said that “possession is considered
to be Nine tenths of the Law”. Discuss the various definitions,
categories of possession and explain at least six reasons why
the law protects possession? 15 marks

6. The concept of ownership in jurisprudence has been defined in

different ways. All jurists accept that the right of ownership as a
complete or supreme right that can be exercised over anything.
Explain at least three definition of ownership, the subject of
ownership and characteristics of ownership. 15 marks