Veer Narmad South Gujarat University 2011-5th Sem L.LB General SB-1331 Legal Language, Legal Writing Including General English T.Y LL.B ( ) - Question Paper

SB-1331

Third Year LL. B. (Special) (Sem. V) Examination March / April - 2011 Legal Language, Legal Writing Including General English

Time : 3 Hours]

Instructions :

(1)

6silq<3i Puunkiufl [qaim SuwiA u* qsq d-onql. Fillup strictly the details of signs on your answer book.

Name of the Examination :

THIRD LL. B. (SPECIAL) (SEM. 5)

Name of the Subject:

LEGAL LANGUAGE, LEGAL WRITING INCLUDING GENERAL ENGLISH

-Subject Code No.

1 3 3 1

-Section No. (1,2,.....): NIL

(2)    Do not change given question numbers.

(3)    Figures to the right indicate full marks.

(4)    Assume necessary facts for question-6 and question-7.

1    Write an essay on any one of the following :

(i)    Rule of Law

(ii)    Fundamental Duties of Indian citizens

(iii)    Principles of Natural Justice

(iv)    Public Interest (Social Action) Litigation.

2    Explain fully any three of the following with appropriate illustrations :

(i)    Alimony

(ii)    Will and codial

(iii)    Libel and Slander

(iv)    Power of attorney

(v)    Coparceners

(vi)    Obiter Dicta and Ratio Decidendi

3    Explain fully any three of the following giving    14 appropriate illustrations :

(i)    Damnum sine injuria, injuria sine damnum.

(ii)    In jure non remota causa, sed proxima spectatur

(iii)    Caveat emptor

(iv)    Actio personalis moritur cum persona

(v)    Sic utere tuo ut alienum non laedas

(vi)    Protectio trahit subjectionem, et subjectio protectionem

4    Read the following passage carefully and answer the    12 questions in your own words :

"There is here a fundamental difference between the civil law and common law systems. A judge acting within the civil law system acts within the written law. In the common law system the judge tries to reason how a principle is applicable and whether it admis of deviation. The most intriguing situation is when the judge finds that no principle so far stated in written law or in the dicta of judges quite fits the case. In legal parlance such a case is described as a case of first impression. After all, society is not static. The pattern of life changes and so do our institutions and understanding of our social order. The law as evolved up or the point of controversy fails to take in the new condition. How must the judge then act ? He cannot wait for these legislatures to apply the missing rule. He must do something on his own. He then examines the area of the law as evolved already and considers the need of the new principle in ethical, political, social and such other aspects. He then considers the nearest principle on which the new development can be engrafted. Even so he cannot go ahead and lay a task for him. He has to follow some accepted cannon and his departure must be as little as possible. He must move with what be called the speed of a glacier. Some judges promptly lay down new law on a broad canvass with bold strokes. This is perhaps wrong. The utmost slowness in the evolution of the law must be adopted and the new law must be correlated to the facts of the case. Otherwise the judge would be usurping the functions of the legislature".

- M.C. Chagla "Roses in December".

Questions :

(i)    What according to the author is the fundamental difference between the civil law and common law systems ?

(ii)    What according to the author is the most intriguing situation ?

(iii)    What according to the author is wrong for a judge ?

(iv)    When does a judge usurp the functions of the legislature ?

5 Make a precis of the passage given in question 4, reducing 10 to l/3^rd of its size, in your own words, without losing substance.

OR

5 Translate the passage given in question-4, in gujarati or 10 Hindi.

6 Draft a sale deed for immovable residential property.    20

OR

6    An unmarried Hindu woman wants to adopt an orphan 20 child. Draft a proper deed of adoption.

7    Draft an application seeking ad-interim injunction.    20

OR

7 Draft a criminal complaint in respect of a dishonoured 20 cheque under the relevant provision of the Negotiable Instruments Act.

SB-1331]    3    [ 500 ]

Attachment: veer-narmad-south-gujarat-university-2011-l-lb-general-28805-1.pdf

Earning:   Approval pending.