Jurisprudence MCQ | (10)

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Q.1. Assertion (A): Precedent has been the lifeblood legal systems.
Reason (R): In continental countries precedent persuasive value.

(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 denotes right in rem?

(a) Right to receive rent from the tenant of the farm,
(b) Right to the peaceable enjoyment of the farm
(c) Right to recover damages for breach of contract
(d) Landlord’s right of re-entry.

 

Q.3. A corporation aggregate is ___________?

(a) an incorporated group of Co-existing persons
(b) an incorporated series of successive persons
(c) a group of legal persons
(d) a group of natural persons

 

Q.4. In which one of the following cases the court “piereud the veli’ of the corporate personality?

(a) Daimler Co. Case
(b) Peoples Pleasure Park case
(c) Salomon Vs Salomon
(d) Smith. Stone and Knight’s case

 

Q.5. Ownership of goodwill of a business if ______?

(a)    incorporeal ownership
(b)   contingent ownership
(c)    limited ownership
(d)   beneficial ownership

 

Q.6. Ownership consists of _________?

(a) material object
(b) personal rights
(c) rights in rem
(d) right in personam

 

Q.7. The rights of an owner are _____?

(a) indeterminate
(b) determinate
(c) residuary
(d) indeterminate and residuary

 

Q.8. Goods owned by ‘A’ were put by her in rooms in the house of `B’ with `B’s permission. The rooms were locked by ‘A’s agent who gave the keys to ‘H”. A’s husband, with the permission of `A’. The possession of the rooms was with _______?

(a) ‘A’
(b) Agent
(c) ‘B’
(d) ‘H’

 

Q.9. Which one of the following schools of Jurisprudence considers that “a reasoned scale of values can be discovered as a basis for legal development”?

(a) Analytical
(b) Philosophical
(c) Historical
(d) Sociological

 

Q.10. Which one of the following Jurists emphasized that “We cannot understand what a thing is unless we study what it does”?

(a) Austin
(b) Pound
(c) Kelsen
(d) Salmond

 

 

Answers with Explanations

1.Correct Answer: B

Explanation- Both ‘A’ and ‘R’ are individually true and ‘R’ also not explain ‘A’.

Precedents based on rationale and analytical approach of judges which are nourished by the reasons covered in the holy trio of justice, equity and good conscience alter appreciating the concerning law in making it more committed to the given fads. The precedents work as a guide for the judge and provide ground for the development of laws through this mean. Hence Option B is correct.

 

2.Correct Answer: B

Explanation- A right in rem is available against the whole world but a right in personam is available against a particular individual only. Right to the peaceable enjoyment of the farm is a right in rem because it is against the whole world.  A right in personam corresponds to a duty imposed on indeterminate persons. The right of a creditor again debtor is a right in personam. Hence Option B is correct.

 

3.Correct Answer: A

Explanation- A corporation aggregate is an incorporated group or body of co-existing persons united to advance certain ends or interests. Hence Option A is correct.

 

4.Correct Answer: A

Explanation- In Daimler Co. Ltd. Vs Continental Tyres Rubber Co. [(1916) 2 Ac 307]. House of Lords observed that a company is not a natural person with a mind or conscience. Sometimes, it becomes necessary, to determine the character of a company. In such cases, the court may lift the corporate veil (Le. Ignore the separate entity of the company) and examine the character of the persons who are in real control of the company affairs. Hence Option A is correct.

 

5.Correct Answer: A

Explanation- Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a right. Incorporeal ownership Includes ownership over intellectual objects and encumbrances. Thus, ownership of goodwill of the business is incorporeal ownership. Hence Option A is correct.

 

6.Correct Answer: C

Explanation- Ownership consists of the right to rent because it is a right available against the whole world. Right of ownership is protected by law against the whole world, against all those who may interfere with the same. Hence Option C is correct.

 

7.Correct Answer: C

Explanation- Rights of an owner are residuary because ownership has a residuary character. Hence Option C is correct.

 

8.Correct Answer: D

Explanation-The possession of the room was with ‘H’ because in him there was a union of both the corpus and animus, the two essential elements of the possession. Hence Option D is correct.

 

9.Correct Answer: A

Explanation- Analytical school starts from the actual facts of law and then tries to classify them, to explain their connotation, to show their relations to one another. According to this school, a reasoned scale of values can be discovered as a basis .for legal development. Hence Option A is correct.

 

10.Correct Answer: B

Explanation- Pound has provided a sociological analysis of English and American types of Common law. He has undertaken a study of the actual transformation of law. Hence Option B is correct.