G.R. KARE COLLEGE OF LAW

MARGAO-GOA

LLM COURSE – SEM-II

LEGAL THEORY – II

Jun 2015

Jul 2014

Jan 2014

Jan 2013

Jun/July 2012

Jan 2012,

Jan 2011,

Jan 2010,

July 2009,

Jan 2009,

July 2008,

Jan 2008,

July 2007,

Jan 2007,

July 2006,

Jan 2006,

July 2005,

Jan 2005,

July 2004,

Jan 2004,

July 2003,

Jan 2003,

July 2002,

Jan 2002,

2001,

July 2000,

Jan 2000,

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LL.M. (Semester - II) Examination, July 2014

LEGAL THEORY - II

Duration : 3 Hours

Instructions: 1) Answer any five questions. 2) All questions carry equal marks.

DBK-119

Total Marks: 75

(5x15=75)

1. Compare and contrast precedent under the English and American legal systems.

2. Examine legislation as a source of law. State the problems involved in accepting legislation as the best source of law.

, 3. Explain Wambaugh's test to determine the ratio of a case and compare it with Prof. Goodhart's test.

4. Discuss the scheme of legislative powers under the Indian Constitution.

5. Discuss the components of judicial reasoning.

6. Discuss with the help of suitable cases, judicial creativity through the judicial process in India.

7. Examine the significance of precedent in the Indian legal system.

8. Write notes on any two of the following :

a) Autonomic legislation

b) Ordinance making power under the Indian Constitution

c) Requisites of a valid local custom.

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LL.M. (Semester - II) Examination, January 2014 . LEGAL THEORY- II

Duration : 3 Hours Total Marks : 7 5

Instructions: I) Answer any five questions. II) All questions carry equal marks.

1. Examine the interpretation and application of custom as propounded by C. K. Allen.

2. Examine the principle of stare decisis and it's utility.

(5x15=75)

3. Examine the place of legislation among sources of law and explain different forms of legislation.

4. Write short notes on :

a) Codification

b) Relevance of custom in India

c) Continental jurisprudence.

5. Explain with help of illustration equity as a source of law.

6. Critically evaluate the constitutional objections to delegated legislation in India, British and American Context.

7. Discuss the Judicial implications and Constitutional exceptions to doctrine of pleasure.

8. Distinguish between :

a) Writ jurisdiction of supreme court and high court

b) Judicial self restraint and judicial activism

c) Doctrine of prospective overruling.

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LL.M. (Semester - II) Exa ........ --· LEGAL THEO

Duration: 3 Hours

Instructions : 1) Answer any five questions. 2) All questions carry equal marks. 3) Write correct question number. 4) Answer each question on a fresh page.

Total Marks: 75

I. English judges are sometimes obliged to follow a previous case although they have what would otherwise be good reasons for not doing so. Comment.

II. Discuss the power of Supreme Court in making rules for regulating the practice and procedure of the courts in India.

Ill. Explain the theoretical difference between the English and French approach to case law.

IV. It is not everything said by a judge in the course of his judgement that constitute a precedent. Comment.

V. What is the Goodhart's method of determining the rati9 decidendi ?

VI. Explain the prerogative or overruling a case by the court, which the case was decided.

VII. State circumstances favouring delegated legislation in India and England.

VIII. Write short note on any two:

a) Ancillary legislation

b) Legislative power of President of India

c) Test of repugnancy.

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LL.M. (Semester - II) Examination, June/July 2012 LEGAL THEORY - II

Duration : 3 Hours Total Marks : 75

Instructions : 1) Answer any five questions. 2) All questions carry equal marks. 3) Write question number correctly. 4) Answer each question in a fresh page.

I. Discuss the strongly coercive nature of the English doctrine of precedent.

II . The law declared by the Supreme Court shall be finding on all courts within the territory of India. Comment.

Ill. How the English judges interpret the 'ratio decidendi' of a case tends to assimilate their attitude towards a legal problem to that of their French counterparts.

IV. State the American realists view on 'ratio decidendi'.

V. An obiter dictum is a statement of law in the opinion which could not logically be a major premiss of the selected facts of the decision. Comment.

VI. What do you mean by over ruling a ratio and over ruling a decision ?

VII. Discuss the general controls over delegated legislation in India and England ..

VIH. Write short note on any two :

a) Legislation and 'the doctrine of Nexus'

b) Per incuriam

c) Judicial activism.

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