Mid Term Examination, February 2018
B.A.LL.B. (HONS.)
SEMESTER VI
JURISPRUDENCE-II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by each question is indicated at the end of the question.
1. "A judicial precedent is a judicial decision to which authority has in some measure been attached. It must be noted at once, however, that partly because of the high status which judges occupy in political and social organization and partly because of the importance of the issues which they decide, judicial decisions have at all times enjoyed high authority as indications of the law."
In the light of this statement discuss the importance of precedent as a source of law. Also examine whether judges declare law or make law? (Marks 10)
2. "Social customs themselves obviously did not take their origin from an assembly or tribunal. They grew up by gradual process in the households and daily relations of the clans, and the magistrate only came in at a later stage, when the custom was already in operation, and added to the sanction of general recognition the express formulation of judicial and expert authority."
In the light of this statement discuss the evolution and development of customs as a source of law. Also explain how the customs were given binding status by the (Marks 10)
3. Write short notes on the following:- (Marks
a. Ratio Decidendi and Obiter Dictum
b. Legal status of animals