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Tuesday, May 17, 2011

law objective type questions

law objective type questions
Legal multiple choice questions
Objecitve Question on Laws and theory

Q.1. According to the theory of ‘social utilitarianism’ as propounded by Ihering:
(a) greatest number of people should get greatest pleasure
(b) the essential body of legal rules is always based upon the social “facts” of law
(c) a balance is to be struck between the competing interests in society
(d) law is a means to social ends
Ans. (d)

Q.2. Who among the following put international law under positive morality along with the Law of honour and the law of fashion?
(a) Austin
(b) Allen
(c) Salmond
(d) Savigny
Ans. (a)

Q.3. In the modern state, the best court of law is:
(a) convention
(b) custom
(c) legislation
(d) precedents
Ans. (c)

Q.4. Who among the following divided the sources of law into formal sources and material sources ?
(a) Allen
(b) Keeton
(c) Gray
(d) Salmond
Ans. (d)

Q.5. The importance of ‘custom’ over other sources of law was stressed by the jurists of the:
(a) analytical school
(b) historical school
(c) natural law school
(d) none of the above
Ans. (b)

Q.6.According to the jurists of Analytical School:
(a) custom becomes law after its recognition by the sovereign
(b) custom never becomes law
(c) custom is a law from the very inception of it
(d) customs are only positive morality even after recognition
Ans. (a)

Q.7. According to the ‘declaratory theory’ of jurisprudence the judges only declare the law and they do not make any law. The supporters of this theory were
(a) Bacon and Dicey
(b) Gray and Salmond
(c) Coke and Blackstone
(d) Duguit and Pound
Ans. (c)

Q.8. Consider the following statements;
1. The object of legislation is to apply law
2. Legislation has both creative and abrogative powers
3. Custom is generally based on the will of the people
Of the above statements
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct
Ans. (a)

Q.9. The statement “Precedents are the past decisions which are used as guide in the moulding of future decisions”, is attributed to:
(a) Dias
(b) Gray
(c) Keeton
(d) None of the above
Ans. (d)

Q.10. Which one of the following pairs is correctly matched?
(a) Precedent: Legislature
(b) Precedent: Jurist
(c) Precedent : Judge
(d) Precedent : Agreement
Ans. (c)

Q.11. Which one of the following pairs is correctly matched?
(a) Antecedent : Remedial right
(b) Rights in rem : Rights in realiena
(c) Proprietary : Contingent rights
(d) Positive : Imperfect rights
Ans. (b)

Q.12. Which one of the following statements is true?
(a) An antecedent right is a remedial right
(b) A perfect right does not prescribe any remedy
(c) A positive right indicates a negative duty
(d) Proprietary rights are valuable rights
Ans. (d)

Q.13. Which one of the following is a legal person?
(a) Supreme Court of India
(b) Damodar Valley Corporation
(c) Chief Minister of a State
(d) Governor of a State
Ans. (b)

Q.14.Assertion (A) : The most important power of an owner is the right to exclude other.
Reason (R): The owner may grant to another many of his rights and yet remain owner.
Ans. (b)

Q.15. Which one of the following statements is true?
(a) Ownership has nothing to do with possession
(b) Ownership and the right of possession are inseparable
(c) Ownership does not involve any right of enjoyment
(d) Ownership has nothing to do with the right of disposition
Ans. (b)

Q.16. Which one of the following statements is true?
(a) The transfer of possession is more technical than the transfer of ownership
(b) The right of possession is superior to that of ownership
(c) The right of possession involves the-right to own a property
(d) Animus and corpus are necessary for acquisitions of possession.
Ans. (d)

Q.17. Which one of the following statements is correct?
(a) Only “Corpus possession” is required for valid possession
(b) Only “Animus domini” is required for valid
(c) Both “Corpus possession is and “Animus domini” are required for valid possession
(d) Neither “Corpus possession is”. nor “Animus domini” is required for valid possession
Ans. (d)

Q.18. Assertion (A): Duties may It classified into primary and secondary duties.
Reason (R): Duties are subject to classification.
Ans. (c)

Q.19. Assertion (A): Precedent is not considered as a source of law by the Supreme Court of India.
Reason (R): In Bengal Immunity case the Supreme court overruled its earlier decision.
Ans. (d)

Q.20. A right which has a co-relative duty can be legally enforced is called :
(a) an antecedent right
(b) a remedial right
(c) a perfect right
(d) an imperfect right
Ans. (c)

Q.21. Which one of the following is the correlative of immunity?
(a) No –right
(b) Duty
(c) Disability
(d) Subjection
Ans. (c)

Q.22. An INCORRECT example of corporation aggregate is the:
(a) President of India
(b) Reserve Bank of India
(c) University of Delhi
(d) Municipal Corporation of Jaipur
Ans. (a)

Q.23. An idol of Lord Krishna in a temple is:
(a) a natural person
(b) a legal person
(c) not a person in the eye of law because only the priest of the temple will be a person
(d) not a person because no personality can be conferred on God.
Ans. (b)

Q.24. Ownership is “a right indefinite in point of user unrestricted in point if disposition-and unlimited in point of duration over a determinate thing”.
This definition of ownership has been given by:
(a) Salmond
(b) Allen
(c) Paton
(d) Austin
Ans. (d)

Q.25. One of the important elements in the concept of possession is ‘possessions’ which means:
(a) direct constant with the object
(b) effective control of the object
(c) an intention of hold the object as owner
(d) an intention on the part of the possessor to exclude any interference by others
Ans. (b)

Q.26. Consider the following statements:
1. Precedents are created by the judges
2. A precedent is not binding if it is inconsistent with a state
3. Precedents can sometimes be created by legislation
Of these statements:
(a) 1 and 2 are correct
(b) 1, 2 and 3 are correct
(c) 1 and 3 are correct
(d) 2 and 3 are correct
Ans (a)

Q.27. Assertion (A): Laws are valid only if they are just.
Reason (R): The aim of law is to secure justice.
Ans. (d)

Q.28. Consider the following statements with regard to Natural Law;
1. The central notion of natural law is the existence of objective moral principles
2. These principles are discovered by reference to legal sources as the constitution, codes and so on
3. These principles depend on the essential nature of man
Of these statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 ace correct
(d) 1 and 3 are correct
Ans. (d)

Q.29. Who among the following is considered an exponent of utilitarianism ?
(a) Hobbes
(b) Bentham
(c) David Flume
(d) Grotius
Ans. (b)

Q.30. Roscoe Pound propounded the theory of “Social engineering” which means:
(a) greatest happiness to greatest number of people
(b) balancing of competing interests in society
(c) changes in the concepts and function of the state
(d) that law has its source in the general consciousness
Ans. (b)

Q.31. Consider the following statements:
1. Law developed in its primitive stages uniformly in all societies
II. Development of all societies was uniform. Of these statements:
(a) Both I and II are false
(b) I is false but II is true
(c) I is true but II is false
(d) Both I and II are true
Ans. (c)

Q.32. Savigny’s view of the law was first presented in the famous pamphlet “Of the Vocation of our Age for Legislation and Jurisprudence”.
This pamphlet was :
(a) a reaction against natural law theory
(b) a reaction against the analytical theory of John Austin
(c) a reaction to the proposals made by Professor A.F.J. Thibaut for the codification of the laws and customs of the German States on the basis of Roman Law and Napoleonic code
(d) a suggestion for the codification of the laws and customs of the German States on the basis of Roman law as Roman law had become the Germanic Volksgeist
Ans. (c)

Q. 33. In order that a local custom may be valid and operative as a source of law, which of the following requirements besides antiquity are to be satisfied?
1. Reasonableness
2. Conformity with statue
3. Observance as a matter of moral right
Select the correct answer using the codes given below:
(a) 1,2 and 3
(b) 2 and 3
(c) 1 and 3
(d) 1 and 2
Ans. (d)

Q.34. ‘Positive law’ is called positive because it is:
(a) made as a result of divine providence
(b) made as a result of collective effort
(c) made by a person in authority
(d) followed by everybody
Ans. (c)

Q.35. In the statement “Every right involves a relationship between two or more ‘X’ persons and only they can be bound by duties or be the holders of legal rights,” ‘X’ stands for:
(a) insane
(c) human
(b) sane
(d) legal
Ans. (b)

Q.36. Assertion (A): Customs to have the force of law must be immemorial.
Reason (R): Custom represents common consciousness of people.
Ans. (b)

Q.37. Assertion (A): Austin said that, “only the laws set by sovereign to the members of a political society are positive law or law simply and strictly so called.”
Reason (R): In his theme of explaining laws, Austin attached importance to the element of sanction.
Ans. (a)

Q.38. Assertion (A): Precedent is like gold in a mine.
Reason (R): It has to be searched in law reports.
Ans. (a)

Q.39. If the jural co-relative of “Right” is “Duty”, then the co-relative of “Liberty” is:
(a) power
(b) disability
(c) liability
(d) no claim
Ans. (d)

Q.40. Right in re aliena means a right over:
(a) his own property
(b) a property of someone else
(c) a property situated in a foreign country
(d) a property situated in one’s own country
Ans. (b)

Q.41. Which of the following duties have been included by Austin in the category of “absolute duties”?
1. Duties owed to persons indefinitely
2. Self regarding duties
3. Duties owed to the sovereign
4. Duties owed to the parents
Select the correct answer by using the codes given below:
(a) l, 3 and 4
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) l, 2 and 3
Ans. (d)

Q.42. Which of the following combination (s) is/are correct?
Theory of corporate personality Profounder of Theory
1. Realist : Gierke
2. Symbolist : Savigny
3. Fiction : Ihering
Select the correct answer using the codes given below:
(a) 1, 2, and 3
(b) 1 and 3
(c) 2 and 3
(d) 1 alone
Ans. (d)

Q.43. In State Trading Corporation of India Vs Commercial Tax Officer, the Supreme Court observed that a company registered under the Companies Act:
(a) is like a citizen of India and can avail itself of all rights available to citizens of India.
(b) is a legal person and equivalent to a citizen as well
(c) is a legal person but is cannot avail itself of fundamental rights under the constitution available to citizen only
(d) can neither claim legal personality nor right of a citizen
Ans. (c)

Q.44. Which of the following statements are correct?
1. Ownership can be legal and vested ownership
2. Ownership can be legal and equitable ownership
3. Ownership can be trust and beneficial ownership
Select the correct answer using the codes given below:
(a) l and 2
(b) l and 3
(c) l, 2 and 3
(d) 2 and 3
Ans. (d)

Q.45. Ownership to patents, copyright, and trademarks and the right to an easement is called:
(a) incorporeal ownership
(b) corporeal ownership
(c) equitable ownership
(d) contingent ownership
Ans. (a)

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