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Other Bachelor Degree-Bachelor of Social Legal Science (B.S.L) 4th Sem LEGAL LANGUAGE(University of Pune, Pune-2013)

Tuesday, 18 November 2014 03:44Nitha

II - B.S.L. - LL.B. (Semester - IV)

LEGAL LANGUAGE

(2003 Pattern)

Time : 3 Hours]                                                                                         [Max. Marks : 100

Instructions to the candidates :

1)      All questions are compulsory.

2)      Figures to the right indicate full marks.

Q1) a) Analyse the following words and mention the process of the word

formation (any ten) :                                                                                         [10]


 

Eye-witness

Disinvestment

Respect

Exam

Faction

GAAR

Humdrum

Proactive

Lessee

Sunrise

Politeness

Slanguage

P.T.O.

b) Give synonyms of the following (any five) :                                           [5]


 

Admonish

Calamity

Deference

Flout

Jeopardize

Judicious

 Refute

c) Give antonyms of the following (any five) :                                            [5]


 

Debar

Ubiquitous

Famous

Plaintiff

Global

Serene

Noxious

[4344]-401                                                       2


Q2) a) Use the following phrases and set expressions in your own sentences so

as to bring out their meaning clearly (any ten) :                               [10]


 

Beat about the bush

Prima facie

Easy money

Behind the scenes

suo motu

To beat the air 

 By and by

viii) ad infinitum

ix)      mens rea

x)       Summer friends

xi)      ex gratia

xii) res integra

b) Explain the following legal terms (any five) :                                       [10]


 

Aggrieved

Encumbrance

Deponent

Incompetent

Judicature

Overrule

Redemption

[4344]-401                                                       3


Q3) a) Use the following cohesive devices and sentence connectors in your

own sentences, so as to bring out their meaning clearly (any five) : [5]


 

Whereas

Till

On the other hand

Yet

Provided

And

Similarly

b) Do you agree with the following statement if yes, why? If no, why not

(any one) :                                                                                                            [5]

i)        Election Process in India needs to be changed.

ii)       Online education is as good as learning in the classroom.

iii)      Should children who commit violent crimes be tried as adults?

c) Write an essay on any one of the following :                                        [10]

i)        Indian Legal System : Problems and Challenges.

ii)       Right to Education.

iii)      Delay in Providing Justice.

[4344]-401                                                       4


Q4) a) Read the following passage carefully and answer the questions given

below :                                                                                                               [10]

It is strange that a democratic country such as India does not trust

one of the most important administration organs of its elected government - the police. The ruling elite and middle class citizens see them as political decoys and blame politicians for not letting the police play their rightful roles in the society. The lower income classes, of course, feel intimidated by them and in constant fear of their convenient authority. It follows that there is a grim lack of understanding about the nature and functions of the police in the country. The problems of the Indian police which run as deep as the design, structure, culture, and leadership remain hidden. Police personnel in India usually subscribe to two kinds of violations. The first is corruption against individuals or institutions which usually targets the income or livelihood of the victim. Traffic police extort money from drivers on a daily basis. Even hawkers, street vendors and small time shopkeepers are familiar with the demands from the local police station. They are forced to pay weekly payments (haftas) or suffer extortion at the hands of policemen at frequent intervals simply to operate their business. Registration of cases, too, requires a bribe to the police station in charge. The second category of criminal conduct practiced by the police is that of physical coercion against suspects of crime or agitators. This misconduct is usually targeted at lower income groups. These groups are regularly subject to harsh physical treatment and even the innocent run the risk of having false cases registered against them. All custodial deaths are largely those of poor or lower class people. The criminal justice system and in particular, the police have remained unchanged for the last 140 years. There has been no difference in the behavioural aspect of police personnel either. Police personnel see themselves as rulers and guardians of the state, emphasizing order maintenance rather than service to the people. India is a nation where bureaucrats of every rank indulge in notorious dealings undaunted by the police, the so called enforcers of law and order, because these officials are practised in the art of bribery and influence. The criminalisation of politics has affected police performance more than that of any other State institution. While there are numerous provisions in the Constitution of India along with other laws, most of these provisions are not implemented. It is usually the poor and deprived sections of the society who are victims of custodial crimes and police atrocities. The increasing and excessive workload of the police is a chief factor contributing to this situation. Third degree torture is usually assumed to be a short-cut method

[4344]-401                                                       5

of investigation by the police. The inability to cope with the rising crime

rate and hierarchical pressures from above to generate quick results often compels police to practice third-degree torture methods. Those subjected to such brutal interrogations often break down and confess to crimes they may not have committed. It is needless to emphasize that accountability, transparency and access to information are imperative as safeguards to prevent any abuse of the power to arrest a citizen.

 


a) What is the attitude of ruling elite and middle class citizens towards police?

b) What are the two kinds of violations which Police personnel in India usually subscribe to?

c) How do the Police personnel see themselves?

d) Why do police personnel practise third-degree torture methods of investigation?


b) Read the following passage carefully and make notes on it :         [10]

Democracy is regarded as the best form of the government. It is so

because it provides an opportunity for the self governance. In democracy the key of power lies in the hands of the people. In India, we have a parliamentary democratic set up at centre which is headed by the Prime Minister and his council of ministers. Likewise, we have democratic set up at State level headed by the Chief Minister and the council of Ministers. There are many postulates of the successful functioning of a demoractic set up. It requires democratic society i.e. a soceity with ingrained quality of being governed democratically. Democracy can function well only if public opinion is vigilant; citizens think rightly and leaders are selfless nation builders. Moreover, successful functioning of democratic government depends on the existence of strong opposition. Strong opposition keeps government within the bounds of norms and checks for taking decision. Similarly, the press - the fourth estate plays a vital role in enlightening and educating the people and exposing the misdeeds of the government. Lastly, right to vote and free and fair election is the backbone of democracy. This precious right may be undermined and negated if the elections are not ensured in free and fair way. Democracy may crumble down due to unawakened public opinion, misguided and swayed choices in the name of community and caste.

[4344]-401                                                       6


Q5) a) Write a précis of the following passage :                                                  [10]

Freedom is a sweet sounding word. Nearly all of us love to use it or

to hear it used even if we do not quite understand what it means, we feel it stands for something find and courageous and so it does. It stands for something precious too; something for which men and women in every part of the world have struggled and suffered and gone bravely even to their death. If we enjoy any freedom now, it is partly due to them. So it is really worthwhile to know clearly what freedom is and why it has been valued so highly. We shall ourselves thereby come to value it and lose it by our carelessness. At one time it used to be said that “All men are born free” but we can see now that is not true at all, for nature binds us in all sorts of ways. Everything that surrounds us has a tendency to limit our freedom. The body and the mind which are our tools for living in the world limit freedom. How? If we do not feed our body properly, it will get ill and die. But surely our thoughts are free? Not at all. Suppose, we have been brought up in a country where everyone believes that people of a particular colour or race or people of a particular caste or class or people of a particular religion are better than all others, our mind also will grow up with those ideas. If we want to change, we will need determination, knowledge and action to make our mind free. Fortunately, young people naturally want to be free. Sometimes the older people are blamed for making the youngsters grow up with narrow ideas. As young people are always coming into the world to take the place of the old, the human race goes on struggling for freedom. The struggle has continued for a long time and we have made a good deal of progress, although we have still a long way to go.

OR

Translate the following passage into Marathi/Hindi :

Legal education is essentially a multi-purpose education which can develop

the human resources and idealism needed to strengthen the legal system. Law is an essential medium of change. Knowledge of law increases one’s understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence and it cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to create cultured law abiding citizens, who are inculcated with concepts of human values and human rights. Legal education and quality of law graduates have great impact on the quality of judiciary - bar and bench. Legal education is also substantively relevant for other spheres of national life related to law- making and law-enforcing, governance and administration, corporate legal

[4344]-401                                                       7

counselling and alternative dispute resolution. Besides, lawyers, judges and law-graduates have a social responsibility towards the people at large to facilitate their access to justice, not only by way of application of law, but also by promoting mass legal awareness, sensitizing people about national issues, upholding and propagating, thereby, social values of law.

b) Draft a legal and valid Sale Deed for transfer of house property.             [10]

OR

Draft a legal and valid will under the Indian succession Act. 


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