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Q.1. Assertion (A): The most important power of an owner is the right to exclude others.
Reason (R): The owner may grant to another many of his rights and yet remain the owner.
(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
Q.2. 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
Q.3. 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.
Q.4. 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
Q.5. Assertion (A): Duties may be classified into primary and secondary duties.
Reason (R): Duties are subject to classification.
(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
Q.6. Assertion (A): Precedent is not considered as a source of law by the Supreme Court of India.
Reason (R): In the Bengal Immunity case the Supreme Court overruled its earlier decision.
(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
Q.7. A right that 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
Q.8. Which one of the following is the correlative of immunity?
(a) No -right
(b) Duty
(c) Disability
(d) Subjection
Q.9. 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
Q.10. 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.
Answers with Explanations
1.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ true, but ‘R’ does not explain ‘A’. An owner of a property may be its absolute owner and nobody else may have any interest in the same. An owner may lease out his property. He may mortgage the same. The owner can distribute his property. Hence Option B is correct.
2.Correct Answer: B
Explanation- Possession is the objective realization of ownership. According to Salmond, possession is in fact what ownership is in right. Possession is the de facto exercise of a claim; ownership is the de jure recognition of one. Ownership is the guarantee of the law; possession is the guarantee of facts. Possession, therefore, is the de facto counterpart of ownership. It is the eternal form in which rightful claims normally manifest themselves. The separation of these two things is an exceptional incident, due to accident, wrong or the special nature of the claims in question. The two things tend mutually to coincide. Hence Option B is correct.
3.Correct Answer: D
Explanation- There are two elements of possession and those are the corpus of possession and animus or the intention to hold possession. The two elements must be present in the case of possession and neither of thorn alone is sufficient to constitute possession. Hence Option D is correct.
4.Correct Answer: D
Explanation- It is to be observed that corpus of possession is not the same as the physical power to exclude others. A weak person may not have the power to exclude others, but he still has the corpus of possession. As a matter of fact, corpus depends, more on the general expectations that others will not interfere with the control of an individual over a thing than upon the physical capacity of an individual to exclude others. The animus possidendi is not necessary to claim possession. Hence Option D is correct.
5.Correct Answer: C
Explanation- Here ‘A’ is true but ‘R’ is false. There may some types of duties which are given below: Legal and Moral duty
Positive or Negative duty
Primary and Secondary duty
Absolute and Relative duty
Hence Option C is correct.
6.Correct Answer: D
Explanation- ‘A’ is false but ‘R’ is true because it is not true that precedent is not considered as a source of law by the Supreme Court but Supreme Court also follows its earlier decisions. Supreme Court sometimes overrule its earlier decisions. Hence Option D is correct.
7.Correct Answer: C
Explanation- A perfect right is one that corresponds to a perfect duty. A perfect duty is one which not only protected by law but also enforced by law. Hence Option C is correct.
8.Correct Answer: C
Explanation- The co-relative of immunity is a disability. Exemption from the power of another is an immunity. Immunity arises from the absence of power in another and the absence of duty in oneself. Hence option C is correct.
9.Correct Answer: A
Explanation- President of India is the example of the corporate sole. A corporation aggregate is an incorporated group or body of co-existing persons united for the purpose of ad advancing certain ends or interests. Corporation sole is an incorporated series of successive persons. It is a body that has one member at a time. It is a body politic having a perpetual succession. Hence Option A is correct.
10.Correct Answer: B
Explanation- According to Hindu law idols are legal persons. They are in the eye of law capable of having rights and duties as natural persons. Hence Option B is correct.