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Q.1. Who among the following jurists has defined ‘ownership’ as a right over a determinate thing indefinite in point of user unrestricted in point of disposition and unlimited in point of duration?
(a) Austin
(b) Bentham
(c) Holland
(d) Salmond
Q.2. According to one of the theories of punishment, ‘evil’ should be returned by ‘evil’. This theory is known as the ____?
(a) deterrent theory
(b) retributive theory
(c) preventive theory
(d) reformative theory
Q.3. According to John Austin, ‘Positive’ law is called positive because it is ______?
(a) made by a person in authority
(b) made as a result of the collective will of the people
(c) made as a result of divine providence
(d) followed by everybody
Q.4. ‘Natural Law with Variable Content’ means the realization of justice. the specific content of a rule of positive law will vary from place to place and from time to time. This theory has been propounded by ___________?
(a) Rudolf’ Stammler
(b) Jeseph Kohler
(c) David Hume
(d) Hugo Grotius
Q.5. A legal custom has to possess a sufficient measure of antiquity. ‘Sufficient’ under English laws means that it must have existed since before 1189. The law in India ________?
(a) is similar to English law, that is, the custom must have existed since before 1189
(b) does not need a fixed period for which custom must have been in existence for its validity
(c) is that, a custom to be valid must have its existence since the Vedic period
(d) is that antiquity is not essential for the validity of a custom
Q.6. Consider the following statements:
A custom acquires the binding force of law when the following requisites are fulfilled:
1. Specificity, spontaneity, efficacy
2. Continuity, conformity to statutory law
3. Antiquity, certainly, consistency
Which of the above statements are correct?
(a) 1 and 3
(b) 2 and 3
(c) 1 and 2
(d) 1, 2 and 3
Q.7. Which one of the following statements is correct with reference to ‘Reversal’ and Overruling?
(a) They are interchangeable words having the same meaning
(b) Overruling occurs when a decision given by lower court is not accepted by an appellate court appeal whereas reversal takes place when a high court or the same court declares a decision to wrong in a subsequent case
(c) Reversal occurs when a decision given by a lower court is not accepted by an appellate court or the same court declares a decision to be wrong in a subsequent case
(d) Reversal takes place when a decision of a foreign court is not accepted by the High Court or Supreme Court whereas overruling occurs when an early decision of the High Court or Supreme Court is not accepted subsequently
Q.8. Lower Courts in India are bound by the decisions of higher courts. This means that the lower courts bound by __________?
(a) all the points which were touched upon by the higher in its decision
(b) only ratio decidendi and obiter dicta of the judgement of the higher court
(c) only the ratio decidendi of the judgement of the higher court
(d) only the obiter dicta of the judgement of the high court
Q.9. “I have a right to do so I please.” The term ‘right’ in this statement refers to ______?
(a) claim
(b) power
(c) liberty
(d) immunity
Q.10. Assertion (A): The Supreme Court of India not bound by its own previous decisions.
Reason (R): The Supreme Court of India has pronounced that even the obiter dicta made by it is binding and expected to be obeyed and followed.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Answers with Explanations
1.Correct Answer: A
Explanation- According to Austin, “Ownership means a right which avails against everyone who is subject to the law conferring the right to put a thing to the user of indefinite nature. Full ownership is defined as “a right indefinite in point of the user, unrestricted in point of disposition and unlimited in point of duration.’’ Hence Option A is correct.
2.Correct Answer: B
Explanation- In retributive theory the person wronged was allowed to have his revenge against the wrongdoer. The principle of “an eye for an eye, a tooth for a tooth” was recognized and followed. Early criminal law was based on the principle that all evil should be required. It was believed that the community could be regarded as purged of evil only in that way. Hence Option B is correct.
3.Correct Answer: A
Explanation- According to Austin Laws which are set by a political superior are called Positive laws. Positive Laws, laws strictly so-called, are one particular species of set rules and consist only of those which are set by a sovereign person or a sovereign body of persons to a member or members of the independent political society. Wherein that person or body is sovereign or supreme. Hence Option A is correct.
4.Correct Answer: A
Explanation- The legal philosophy of Stammler is closely related if, that of Kant. According to him. Law is volition. Law is not concerned with the perception of the external physical world. It relates means and purpose to each other Law is the universally valid element common to till legal phenomena whatever their content. Hence Option A is correct.
5.Correct Answer: B
Explanation- In India the English Law regarding legal memory is not applied. All that is required to be proved is that the alleged custom is ancient. Hence Option B is correct.
6.Correct Answer: B
Explanation- Requisites of a valid custom are as following:
(1) Antiquity
(2) Reasonableness
(3) Peaceable enjoyment
(4) Continuity
(5) Certainty
(6) Compulsory observance
(7) General or Universal
(8) Not opposed to public law
(9) Not conflict with the statutory law
Hence Option B is correct.
7.Correct Answer: C
Explanation- Overruling: To set aside a previous action or decision to decide or rule against when a higher court or same court declares a decision to be wrong in the subsequent case
Reversal: When a decision given by a lower court is not accepted by an appellate court or the same court declares a decision to be wrong in a subsequent case. Hence Option C is correct.
8.Correct Answer: B
Explanation- The obiter dicta have the force of persuasive precedent on The judges are not bound to follow them. But in the case of Ram Surat Vs Ram Murari, [AIR, 1956 Bom.], K.P. Doctor Vs State of Bombay, [Air, 1956 Bom.], State Vs. South Central Railway, [Air, 1977 Kant], Allahabad, Bombay and Karnataka courts, respectively have held that the obiter dicta of the Supreme Court also ‘law’ within the meaning of Article, 141 and hence binding on all courts. Hence Option B is correct.
9.Correct Answer: C
Explanation- Here right is used in a wide sense to include liberties. The correlative of ‘A’s liberty to do a thing is ‘B’s no-right that it shall not be done and the correlative of ‘A’s liberty not a thing is ‘B’s no-right that it shall be done. Hence Option C is correct.
10.Correct Answer: C
Explanation- Here ‘A’ is correct but ‘R’ is false because Articles 141 of the Constitution provides that law declared by Supreme Court is binding on all the court within India, this expression on all the courts does not include Supreme Court. Thus Supreme Court is not bound by its own decisions. R’ is false because ‘obiter dicta’ is also law, it was not held by Supreme Court but by the High Courts of Allahabad, Bombay and Karnataka. Hence Option C is correct.