Old Questions

Program: LL.B Full Marks: 100

Year: First (I) Pass Marks :40

Subject: Jurisprudence (Law 301) Time: 3.00 hrs.

Group –A: Short Questions Answer

Attempt any SIX questions given below 6x5=30

What do you mean by the term Jurisprudence? State importance of study of Jurisprudence.
1.
Define the term positivism. Differentiate imperative theory of law from the judge made law.
2.
What are the differences between general jurisprudence and specific jurisprudence?
3.
What do you mean by “pure theory of Law and who was the profounder of this theory?
4.
What are the kinds of rights in jurisprudential studies?
5.
Define ownership. Distinguish between ownership and possession.
6.
What are the main sources of law? Do you agree that custom is one of the important sources of law?
7.
What do you mean by person? What is difference between natural person and legal person
8.
Differentiate criminal liability from civil liability.
9.
Group- B: Descriptive Questions answers

Attempt any THREE questions given below 15x3=45

Do you agree that “social engineering” theory of Roscoe Pound is concerned with the ordering of human
10.
relations? How far this theory can be applicable in the Nepalese society? Discuss.
What do you mean by the term ”Justice”? Discuss the criminal justice system and status of social justice in
11.
Nepal.
Explain the concept of “sanctity of property”? What the are kinds of property in pursuance to the Muluki
12.
Civil (Code) Act 2074 B.S ?
What do you mean by legal rights? Explain briefly the jural correlation, jural contradiction and jural
13.
opposite rights.
Explain legislation as the main source of law and law making process in Nepal.
14.
Group-C

15. Read the following legal situation and answer the questions that follow 5x5=25

Laissez faire economy dominated the 19th century political and economic thought. Ninetieth century
is the period of materialism and sovereignty belonged to positivism. The philosophy permitted the
maximum freedom to individual and te minimum state regulation. International society has become
complex, pluralistic and control can be assured by international law, international trade law, civil aviation
law, Rome statute, ICJ, International Criminal Court and so on. Scientific and technological revolution
have virtually embraced all the major sphere of life and production and made easier to integrate the
domestic market with the international market. Globalization is a process towards growing economic
integration of goods, services and capital markets. Globalization refers to an advanced stage of
development where capital, technology, labor, raw materials, information, transportation, distribution and
marketing are integrated or interdependent on a global scale. The international system of the 21st century
would be characterized by contradiction, fragmentation on the one hand and growing globalization on the
other hand. Although the contemporary debate on globalization has been contentious, it has not always
been useful. No one doubts that some very significant global processes. The WTO Agreement including
the TRIPS Agreement entered force on January 1, 1995 is th successor of GATT which covers the
principles of globalization. Benefits of WTO to LDCs are transfer of technology, attract foreign
investment, industrialization, increase productivity, exploit natural resources etc. Globalization recognizes
free flow of ideas, goods and services, however, globalization suffered a trauma as it focused to much on
institution and not on peoples. The developing countries and LDCs are not only weak and have not been
able to get their act together in terms of negotiating many of the new treaties which are being brokered.
Nepal’s accession to WTO raised legal and constitutional questions from the perspective of international
law and its application in Nepal. Globalization and localization as forces bring new opportunities and also
greater challenges in terms of economic and political instability. It is said that post-modernists are in
favour of localization, community harmony and small scale transformation.

Questions:
(a) Explain the concept of globalization of economy. What is the importance of globalization?
(b) What are the laws that deal with international trade and commerce?
(c) What are the characteristics of the 21st century?
(d) What are the advantages and challenges of globalization?
(e) Do you agree that localization is much better than globalization? Would you like to favour
localization instead of globalization? Give reasons.