I.D. END TERM EXAMINATION, APRIL-2018 B.A.LL.B. (HONS.) SEMESTER-VI Jurisprudence-II Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.

1. Explain the following (each explanation should be in approximately 100 words)(Marks Artificial person Material sources of law Animal's right Declaratory precedent Obiter dictum Local custom Absolute and limited ownership Jus in rem and jus in personam Proprietaryrights Mischief rule of interpretation

2. "The notion that nothing is property which cannot be earmarked and recovered in detenu or trover, may be true in an early stage of society when property is in its simplest form and the remedies for the violation of it are also simple, but it is not true in a more civilized state when the relations of life and the interests arising therefrom are complicated." In the light of the above statement discuss the origin and development of the concept of property. Also explain its changing dimensions in the modern era. (Marks 10)

3. "The liability of a person consists in those things which he must do or suffer. It is the ultimatum of the law and has its source in the supreme will of the State. A person has a choice in fulfilling his duty and his liability arises independently in his choice. It cannot be evaded at all. Liability arises from a wrong or the breach of a duty." In the light of the above statement explain the concept of liability and also discuss the various types of liability. (Marks 10)

4. "Of course, punishment has no purpose except that it works out a larger purpose of criminal law itself. Perhaps it may be said that whatever purpose is served by punishment is a purpose of criminal law, for example, the compelling of persons to cease or refrain from committing crime, by forcing or persuading them to conform to the established rules of conduct designed for the protection of government, of life, of property and of other rights, privileges and immunities guaranteed by law." In the light of this statement give a jurisprudential account of the concept and purpose of punishment. Also explain in brief the different theories of punishment drawing attention to their merits and demerits. (Marks 10) PTO

5. "While the different theories of corporate personality contain elements of truth, no theory can, by itself, adequately interpret the phenomenon of juristic personality. The reason is that corporate personality is a technical legal device, applied for a multitude of very diverse aggregations, institutions and transactions which have no common political or social denominator, for a particular type of juristic personality. None of them foresaw the extent to which the device of incorporation would be used in modern business." In the light of the above statement critically examine the various theories of corporate personality. Also highlight their merits and demerits. (Marks 10)

6. "The essence of a legal right seems to be not legally guaranteed power by itself nor legally protected interest by itself, but the legally guaranteed power to realize an interest." In the light of given statement explain the concept of Right. Also examine the various theories of and discuss which theory is more applicable in the contemporary times. (Marks 10)

7. Write Short Notes on the following:(Marks 5×2=10) Role of judges in interpretation of statutes Constitutionality of capital punishment