LLB313 Jurisprudence 1 Exam 2023

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FACULTY OF LAW

LLB 313 Jurisprudence I

Date when to sit the paper: From.15th May, to 30th May 2023

INSTRUCTIONS
1. This is an open book examination.
2. The paper has TWO SECTIONS A and B
3. All questions in both SECTION A and B carry equal marks
4. Answers should be short and pecise
5. Answers should be presented in word form

SECTION A

Answer ALL THE TWO Questions from this section

Q.1.

Last week, the military leader of the Republic of Bamuda issued two sets of decrees. The fierst
one, legalized homosexual and transgender while the second one abolished multi-party
democracy and freedom of religion on ground that they divide people and that they are
responsible for past checkered history of the country. This legal development has sparked off
debate between two sections of the population. Section A or the syndicates claim that are a valid
law and that people must comply on the other hand, Section B or the Contras are vehemently
opposed to the said decrees by asserting that both decrees contravene principles of of a valid law
(50 Marks)

a) Discuss the merit of the legal position taken by the Syndicates (25 Marks)

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b) Discuss the strength and limitations of the position taken by the Contras (25 Marks)

Q.2

Allocation of land in Banana Republic is regulated by The Land Act cap. 22 of the laws of
Banana Republic. Allocation of Land to applicants is based on the following criteria: a) An
applicant must be a citizen, b) Should have justifiable need for the land c) Must pay the requisite
fees and d) Must be the first to lodge the application. Two hundred families whose homes in the
mountainous areas of the Eastern region of the country were swept off by recent landslides and
who are now camped in the overcrowded city suburb were the first persons to lodge their
applications and satisfied all the requirements as stipulated in the Act. However, Mr. BX Smart a
businessman from Oman whose application was lodged a month later, is the one whose
application was granted contrary to stipulations of the Act. When the displaced families
challenged the decision in court, the court ruled in favor of BX Smart by holding that BX Smart
proposed and committed substantial capital outlay which would have overwhelming impact on
revenue collection by the government, increase productivity and employment as well as boosting
infrastructural development of the city

a) Discuss the theoretical basis of the school of legal thought that could have influenced the court
to decide in favor of BX Smart (30 Marks)

b) Explain why natural law leaning judges overruled the decision in (a) above (20 Marks)

SECTION B
Answer only ONE question from this section

Q.3.
Using examples and relevant authorities explain ways in which conceptions of law as espoused
by Karl Marx manifests itself in Uganda’s legal system (50 Marks)

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Q.4. Explain the following legal concepts as used in Jurisprudence:

a) Social Contract Theory (10 Marks)

b) Grundnorm (10 marks)

c) Empiricism (10 Marks)

d) Protestantism (10 Marks)

e) Justice (10 Marks)

Good luck

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