Code No. 1232/P FACULTY OF LAW LL.M. | - Semester (Private Appearance) Examination, August / September 2014 Subject: LAW Paper Il: Sources-of Law (Branch4l: Jurisprudence) Time : 3 Hours ° Max. Marks : 100 Note: Answer all questions. All questions carry equal marks. 1 (@) Distinguish between (i) legal and historical sources (i) Binding and Persuasive sources. OR (b) What is equity? What is the role of equity in the law making process? 2 (a) Explain the origin of custom and the place of custom among various sources of law. OR . (b) Enumerate the legal requirements which must be fulfilled by a custom before it can become a source of law. 3 (@) Discuss precedent as a source of law in the light of theories as to the nature of judicial function. OR + (b) Explain the doctrine of stare decisis and its application in the Indian legal ‘system. 4 (@) What is legislation? Explain the growing importance of legislation as a source of law. OR (b) Examine the relative merits and demerits of legislation and precedent as sources of law. saneeCode’ No. 1232 FACULTY OF LAW LL.M. I~ Semester Examination, August / September 2014 Subject : LAW Paper ~ Il: Sources of Law (Branch — I: Jurisprudence) Time : 3 Hours Max. Marks : 80 1 @ (b) 2 (a) (b) 3 (a) (b) 4 (a) (b) Note : Answer All questions. All questions carry equal marks. Discuss the classification of sources of law into formal, material and literary sources. OR Enumerate the sources of English Law. © Define ‘Custom’ and discuss theories as to the nature of customary law. OR What are the requisites of a valid custom? Discuss the circumstances destroying or weakening the binding force of Precedent. OR What is ratio decidendi? What are the tests to determine ratio decidendi of a case? What is subordinate legislation? Discuss the chief forms of subordinate legislation. What are the advantages and disadvantages of the codification of law? seteCode No. 4691/ BL FACULTY OF LAW LL.M. | - Semester Examination, August / September 2013 Subject: LAW Paper-l : Sources of Law (Branch Jurisprudence) Time : 3 Hours ' Max. Marks : 80 1a) (b) 2a) (b) 3.(a) ) -4.@) () Note : Answer All questions, All questions carry equal marks Critically examine the meaning of the term ‘sources of law’ and discuss classification of sources of law. OR Discuss about binding and persuasive sources of Law. Discuss importance of customay law and the reasons for the reception of customay law. OR Discuss different kinds of custom as a law and also examine the present position of customary law. Give meaning of percedent and critically examine the reasons for the reception of judicial precedents in England and India : OR Discuss the doctrine of prospective overruling and pointout from where this doctrine was evolved and the applicability of the same in India. Give definition, nature and classification of legislation. OR Write a note on codification and point out various objections against codification of law.Code No. 1182/ BL FACULTY OF LAW . LL.M. | Semester Examination, July / August 2012 Subject : L AW Paper - Il Sources of Law (Branch-|: Jurisprudence) Time : 3 Hours Max. Marks : 80 4a) ©) 2a) (b) Note : Answer All questions. All questions carry equal marks. Elucidate the ‘classification of sources’ into formal, material and literary sources. OR Explain the scope of ‘Equity’ and ‘Juristic Opinion’ as sources of law. ‘Custom is to society what law is to the state’. Elucidate. OR What is the place of custom among various sources of law? Is custom a living | and operative source of law? 3.(a) (b) 4(a) (b) How far it is true to say that judges are the law makers? What are the limits of judicial law-making? OR Explain the doctrine of stare decisis and exceptions to it. What is subordinate legislation? Discuss the various forms of subordinate legislation. ‘What are the relative merits and demerits of ‘legislation’ and ‘precedent’ as sources of law?Time: 1.) (b) 2(a) (b). 3.(a) (b) 4(a) () Code No. 1182/BL/R FACULTY OF LAW LLM. - Semester Examination, September 2012 Subject: LAW Paper —Il Sources of Law (Branch - | Jurisprudence) 3 Hours Max.Marks: 80 Note: Answer all questions. All questions carry equal marks. Explain how the ‘Sources of Law’ may be classified into formal, material and literary sources. OR Examine the nature and scope of ‘equity’ and ‘juristic opinion’ as sources of law. Define custom. Discuss theories as to the nature of customary law. Enumerate the legal requirements which must be fulfilled by a custom before it can become a source of law. Explain the circumstances destroying or weakening the binding force of precedent. OR What is ratio decidendi? What are the tests to determine ratio decidendi of a particular case? Discuss the different forms of subordinate legislation and their relation to supreme legislation. OR What are the advantages and disadvantages of the codification of law?Time: 4a) (b) 24a) (b) 3.(a) (b) Ala) (b) Code No. 1182/BL/R/P FACULTY OF LAW LLM. I~ Semester (Private Appearance) Examination, September 2012 Subject: LAW Paper —Il Sources of Law (Branch —1 Jurisprudence) 3 Hours. Max.Marks: 100 Note: Answer all questions. All questions carry equal marks. What are legal material sources? Distinguish between legal material sources and historical material sources OR What are the sources of English Law? Distinguish between written law and unwritten law. What is the place of custom among various sources of law? Is custom living and operative source of law? OR Explain the statement of Salmond: “Custom is to society what law is to the State”. Discuss the different theories as to the nature of judicial function. How far it is true to say that judges are the law-makers? OR Explain the doctrine of stare decisis. Are there any exceptions to the application of it? Define legislation and discuss the growing importance of legislation as an instrument of law reforms. . OR What are the relative merits of legislation and precedent as sources of law?Time : 1.(a) (b) 2(a) (b) 3.(a) (b) (a) (b) Code No. 1182/P FACULTY OF LAW LL.M. (Private Appearance) I - Semester Examination, March 2012° Subject: Law Paper —II Sources of Law (Branch —I Jurisprudence) 3 Hours Max. Marks: 100 Note: Answer all questions. All questions carry equal marks. Explain the legal and historical sources of law. OR Classify the sources of law and what are binding and persuasive sources of law. Explain the origin of custom and discuss the early importance of customary law. OR What is the place of custom among various sources of law and discuss the Present position of customary law. Explain the importance of precedent as source of law and discuss the role of judges as law makers. OR Explain the Doctrine of prospective over ruling with the help of case law. Compare case law with Statutory law and explain the merits and demerits of codification. OR Explain about supreme and subordinate legislation.Code No. 1182/P/ BL FACULTY OF LAW . LL.M. | Semester (Private Appearance) Examination, July / August 2012 Subject : LAW Paper — I Sources of Law (Branch: Jurisprudence) Time : 3 Hours Max. Marks: 100 4a) (0) 2a) () 3.(a) (b) 4a) (b) Note : Answer All questions. All questions carry equal marks. Discuss the principal and subsidiary sources of English Law. OR What are legal material sources? Examine their importance. Discuss the various theories as to the nature of customary law. OR What are the essentials of a valid custom? What are the circumstances destroying or weakening the binding force of precedent? What is ratio decidendi? What are the tests to determine ratio decidendi of acase? Distinguish between Supreme and subordinate legislation. What are the advantages and disadvantages of codification?Time : 1a) (() 24a) (b) 3a) (b) 4(a) (b) Code No, 9269 / P FACULTY OF LAW LLM. 1~ Semester (Private Appearance) Examination, December 2010 Subject: LAW Paper — I Sources of Law 3 Hours Max. Marks : 100 Note : Answer Alll questions. All questions carry equal marks Discuss formal, material and literary sources of Law. OR Distinguish between binding and persuasive sources of Law. “Custom is a tradition, passing on from one generation to another’. Explain and state the essential requisites of valid custom. OR Distinguish custom from usage as well as prescription. Discuss the place and status of custom among various sources of law. Discuss various theories as to the nature of Judicial function. How far itis true to say that judges are the law makers ? OR Discuss overruling of precedents and doctrine of prospective overruling . Compare and contrast legislation with precedent. Discuss relative merits and demerits of Legislation and precedent as sources of law. OR Explain the classification of legislation into Supreme and subordinate legislation.Time: 1a) 0) 21a) (b) 3.(a) (b) 4a) (b) Code No. 9269 FACULTY OF LAW LL.M. -—1 Semester Examination, December 2010 Subject: Law Paper - II Sources of Law (Branch I - Jurisprudence) 3 Hours Max. Marks: 80 Note: Answer ALL questions. All questions carry equal marks. Explain the meaning of the term ‘source’. Discuss different sources of law. OR Discuss legal sources of English and Indian Law. Discuss the nature, scope and function of a custom in developed legal systems. OR Explain different theories as to the nature of customary law and present position of customary law. What is ratio decidendi? What are the tests to determine ratio decidendi of case? . OR Discuss the merits and demerits of precedent as a source of law. Examine legislation as a source of law. Are there any limits on legislative authority? OR. Discuss the growing importance of statutory law.Time 4.a) (b) 2.(a) (b) . 3.(a) (b) 4a) (b) Code No. 3306 FACULTY OF LAW LL.M. | Semester (Backlog) Examination, May 2009 (New Syllabus) Subject : LAW Paper II : Sources of Law Branch -1 : 3 Hours} {Max. Marks : 80 Note : Answer All questions. All questions carry equal marks. Write a note on Salmond's classification of sources into Two classes : Formal and material sources. OR What are the various Sources of Law ? Explain. Discuss the importance of Custom as a source of law. Distinguish it with other sources. OR Explain the requisites of Valid Custom. What is meant by "Precedent" ? What is the difference between original and ‘declaratory’ precedents ? OR How far it is true tosay that “Judges are the Law makers” 7 Discuss the nature of Legislation and it's importance as a Source of Law. OR What are the advantages of legislation as a source of law over the other - sources ? seneneTime 1.) (b) 24a) (b) 3.(a) () 4.) Code No. 3316 FACULTY OF LAW LL.M. |— Semester (Backlog) Examination, May 2009 Subject: L AW Paper —lI: Sources of Law Branch -1 :3 Hours} {Max. Marks : 100 Note : Answer All questions. All questions carry equal marks Explain the term ‘Source’, Discuss the various sources of Law ? OR What is Equality ? How far equity and Juristic opinion considered as sources of Law ? Elucidate the various kinds of custom and discuss the position of custom among various source of Law. . OR Examine critically the present position of customary law with particular reference to the statement” A clear proof of usage will out weigh the written text of Law’ . Explain the doctrine of ‘Stare Decisis"? What are the factors weakening the binding force of precedent 7 OR What tests are to be applied to determine ‘Ratio decedendi' of a particular case ? Examine between ratio decedendi and obiter dictum ? What is Supreme Legislation ? Discuss the necessity of Subordinate Legislation . OR Examine the necessity of codification and growing importance of Statutory Law. eeenesTime 1a) (b) 2a) () 3.(a) (b) 4.) (b) Code No, 3116 FACULTY OF LAW LL.M. |-Semester Examination, January 2009 Subject : LAW Paper: Il Sources of Law Branch — |: Jurisprudence 13 Hours} {Max. Marks : 80 Note : Answer All questions. All questions carry equal marks Explain the classification of sources of Law with special reference to Legal and Historical sources. OR Discuss the formal sources of Law. Explain Equity and Juristic Opinion as source of Law. Laws a silent growth in the society in the form of Custom. Explain the present position of customary law in the light of the above statement. OR Discuss various theories as to the nature of customary Law. Discuss various theories as to the nature of Judicial function. Do you approve Judicial Law making in India ? OR What is ratio decidendi ? What are the tests to determine ratio decidendi of a case ? Legislation is the modern sourge of Law. Explain the growing importance of statutory law. OR Give an account of relative advantages and disadvantages of precedent and legislation as sources of law.Code No. 1090 FACULTY OF LAW LLM. |-Semester Examination, December 2009 Subject’ LAW Branch —1 Jurisprudence Paper - I Sources of Law Time : 3 Hours Max. Marks : 80 1a) b) 2.a) b) 3, 2) b) 4a) b) Note : Answer all questions. All questions carry equal marks. “Sources of law can be classified as either legal or historical”. — Explain and distinguish between legal and historical sources. OR What is meant by formal source? Distinguish between formal and nonformal _ Sources. Discuss the various theories as to the nature of customary law. What is the present position of customary law? OR. Define custom and discuss the essentials of a custom. Explain the doctrine of stare decisis. State the exceptions to the application of doctrine of stare decisis. OR What is ratio decidendi? What is obiter dicta? Point out the differences between these two. What is Supreme Legislation? Distinguish between supreme and subordinate legislation. Discuss the relative merits and demerits of legislation and precedent as ‘sources of law.