Exam Oriented Book – OU 3LLB 3rd Sem
Note- These questions are updated annually, unit-wise, to make your exam preparation easier. Best of luck!
Unit-I: Introduction to Jurisprudence and Law
Meaning and Definition of Jurisprudence – General and Particular Jurisprudence – Elements of Ancient Indian Jurisprudence – Schools of Jurisprudence – Analytical, Historical, Philosophical and Sociological Schools of Jurisprudence. Theories of Law – Meaning and Definition of Law – The Nature and Function of Law – The Purpose of Law – The Classification of Law – Equity, Law and Justice – Theory of Sovereignty.
6-Mark Previous Important Questions
- Natural Law
- Volksgeist
- Purpose of Legal Theory
- American Realism
- The function and purpose of Law
- General and Particular Jurisprudence
- Classification of Law
- Equity
15-Mark Previous Important Questions
- Discuss the nature of Law and difficulties in the definition of Law.
- Explain Austin’s imperative theory of law.
- Explain Kelson’s pure theory of law.
- Explain theories of Natural Law.
Unit-II: Sources of Law
Sources of Law – Legal and Historical Sources – Legislation – Definition of legislation – Classification of legislation- Supreme and Subordinate Legislation – Direct and Indirect Legislation – Principles of Statutory Interpretation. Precedent – Definition of Precedent – Kinds of Precedent – Stare Decisis- Original and Declaratory Precedents – Authoritative and Persuasive Precedents. Custom – Definition of Custom – Kinds of Custom – General and Local Custom – Custom and Prescription – Requisites of a valid custom – Relative merits and demerits of Legislation , Precedent and Custom as a source of Law . Codification: Concept, Advantages and disadvantages of codification.
6-Mark Previous Important Questions
- Custom as a source of Law
- Precedent
- Codification
- Persuasive Precedent
- Supreme Legislation
- Kinds of Custom
15-Mark Previous Important Questions
- What are the requisites of a valid custom?
- Enumerate and explain the various forms of subordinate legislation.
Unit-III: Persons, Rights, and Duties
Persons – Nature of personality – Legal Status of Lower Animals, Dead Persons and Unborn persons – Legal Persons – Corporations – Purpose of Incorporation – Nature of Corporate Personality Rights and Duties – Definition of Right – Classification of Rights and Duties – Absolute and Relative Rights and Duties – Rights and Cognate concepts like Liberty, Power, Immunity, Privilege etc.
6-Mark Previous Important Questions
- Privilege and immunity
- Legal status of unborn persons / Legal Status of unborn child
- State as a Juristic Person
- Positive and Negative Rights
15-Mark Previous Important Questions
- Enumerate and explain the kinds of legal rights.
- Discuss theories of corporate personality.
Unit-IV: Obligation and Liability
Obligation – Nature of Obligation – Obligation arising out of Contract, Quasi Contract, trust and breach of obligation etc. – Liability – Nature and kinds of liability – Acts – Men’s Rea – Intention and Motive – Relevance of Motive – Negligence – Strict Liability – Accident – Vicarious Liability – measure of Civil and Criminal Liability.
6-Mark Previous Important Questions
- Jus necessitatis
- Solidary Obligations
- Measure of Criminal Liability
- Vicarious liability
15-Mark Previous Important Questions
- Discuss ‘mens rea’ as an essential condition of penal liability.
Unit-V: Ownership, Possession, and Justice
Ownership – Definition and kinds of Ownership – Possession – Elements of Possession – Relation between Ownership and Possession – Possessory Remedies – Property – Meaning – Kinds of Property – Modes of Acquisition of Property – Legal Sanctions – Meaning of Sanction – Classification of Sanctions – Civil and Criminal Justice – Concept of Justice – Theories regarding purpose of Criminal Justice – Deterrent, Preventive, Reformative and Retributive theories.
6-Mark Previous Important Questions
- Possessory remedies
- Reformative theory
- Capital Punishment
- Administration of civil justice
15-Mark Previous Important Questions
- What is possession? What are the constituent elements of possession?
- Explain the different theories of punishment.
- Distinguish between ownership and possession.
- Enumerate different kinds of ownership.
10 Mark Questions
- A manufacturer, who employs workmen, has the knowledge that some accident might take place which might kill a workman. A workman becomes victim of the accident. Whether the manufacturer will be liable for the intention for this injury to the workman.
- X grants certain property to ‘B’ for life and if ‘C’ survives ‘B’, to ‘C’ in fee-simple. Discuss the nature of Rights of ‘B’ and ‘C’.
- A customer found a bundle of currency notes on the floor of a shop. There was no claim from the real owner who lost them. The shopkeeper claimed title over it. Can he succeed? Discuss.
- An old gentleman executed a will in favour of his grandson. The grandson killed him in order to inherit property immediately. Is the grandson entitled to inherit the property under the will? Decide.
- The validity of an Act of Legislature was challenged on the ground that it was violative of morality. Discuss whether validity of law can be decided by applying the test of morality. Which theory of law can you apply in this regard?
- A decision of the apex court has been superseded by a subsequent Act of Legislature. Is it possible? If so, which theory of law can you rely upon in support of the abrogative power of Legislature?
- Mr. Shah published a notice containing photographs and addresses of prostitutes in the city. He was charged for outraging public morality. He contended that he did not violate any statutory provision. However, it was contended that jurisprudential issues involved any statute. Answer how the law was violated, if any. Discuss the jurisprudential issues involved in this case and resolve them.
- Customer found a bundle of currency notes on the floor of a shop. The true owner of it is not known. The dispute between shop-keeper and the customer who found it, who has a better title? Refer to decided cases.
- An illegal act was committed by the employee of a company. Both civil suit and criminal complaint were filed against the company. Is the company liable for the acts of its employee? Is the company also criminally liable for the crime? Answer with reasons.
- A conflicting judgment was given by an earlier decision of the Supreme Court, stating that the decision was older but within a binding force. As a result the subsequent decision was given following that view of High Court and the Supreme Court. Is the decision of the Supreme Court assuming that its decision was either valid or not?
- Suppose a case is decided by the High Court on ground ‘A’, and then goes on appeal to the Supreme Court which decides it on ground ‘B’, nothing being said upon ground ‘A’. In such circumstances, which is the precedent value of the decision on ground ‘A’ by the High Court?
- The parents allowed their minor children to ride on motorcycle without driving license. They drove the vehicle negligently and caused injuries to a pedestrian. Are the parents liable for the wrong committed by their children? If yes, which kind of liability it is? Explain the rationale of such a liability.
- Mr. X found a bundle of currency notes on the floor of a shop. The notes had been accidentally dropped there by a stranger. The party who lost them could not be found. In a case between the shopkeeper and the finder, who has a better claim over the currency notes? Discuss.
- Mr. X has dug deep tube wells, maliciously, in his own land intercepting the flow of ground water. As a result, neighbour’s well became dry. Is ‘X’ liable for it? Discuss in the light of a decided case and a general principle of civil liability.
- A captures a peacock from a forest, that peacock was originally in keeping of D for a few weeks but escaped to forest thereafter. Explain the title of A in this case.
- A smith seized by a gang of dacoits and forced by threat of instant death, to take the tools and to force open the door of a house of the dacoits to enter and plunder. Under what rule will the smith get the benefit?
For Easy Preparation, We Sell All-in-One Printed book & Online notes for 3rd Semester OU 3LLB, It will cover
- Short Notes- Unit-wise All 3rd Sem Subjects
- PYQs- Unit Wise All 3rd Sem Subjects
- Model Answers to 10 Mark Case Law Questions
- Revision Material for last-minute revision
