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Q.1. Which one of the following Schools of Jurisprudence emphasized the question “How did the law come to be”?
(a) Analytical
(b) Sociological
(c) Historical
(d) Philosophical
Q.2. A legislation enacted by a State legislature falls in the category of _________?
(a) Subordinate
(b) supreme
(c) autonomous
(d) philosophical
Q.3. Assertion (A): The legislature can forge a sledgehammer capable of cracking open the corporate shell.
Reason (R): Corporate personality cannot be used as a shield to harm the national interest.
(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.4. It has been said that the doctrine of ‘precedent’ is of antiquity while the doctrine of ‘stare decisis’ is relatively modern.
The emergence of the doctrine of ‘stare decisis’ was related to________?
(a) settled judicial hierarchy of courts and law reports
(b) settled role of judges concerning the interpretation of the law
(c) the emergence of the concept of the sovereignty of parliament
(d) growing authority and prestige of a few judges like Lord Coke, whose decisions carried a lot of weight
Q.5. The main purpose of the Corporation Sole is to ____________?
(a) protect the property of the government
(b) maintain continuity of an office
(c) make the property easily transferable
(b) make the property easily inheritable
Q.6. Possession acquired through an agent or servant is an example of _________?
(a) corporeal possession
(b) mediate possession
(c) incorporeal possession
(d) immediate possession
Q.7. ‘X’, a servant, finds a bag in the basement of the shop He hands it over to ‘Y’, the owner of the shop, who asks him to place it in the almirah. Now, the bag is possession of _______?
(a) ‘X’. because he was the finder
(b) ‘Y’, because he was the owner of the shop
(c) ‘Y’, because in him there was the union of the corpus at animus
(d) ‘X’, because he has kept it in the almirah
Q.8. Animus domini is an essential of possession according to___________?
(a) Savigny
(b) Salmond
(c) Pollock
(d) lhering
Q.9. Jurisprudence has been defined as the ‘formal science of positive by_________?
(a) Salmond
(b) Austin
(c) Stone
(d) Holland
Q.10. The `purity of Kelsen’s ‘pure theory of law’ rests on the fact that Kelsen________?
(a) defined law in accordance with morality and purity
(b) discussed jurisprudence in all its purity
(c) separated law from history, religion, ethics and politics
(d) discussed law purely in terms of justice
Answers with Explanations
1.Correct Answer: C
Explanation- Historical school seeks to discover the first emergence of those legal conceptions which have become a part of the world’s common store of law, to show the conditions that gave rise to them, to trace their spread and development and to point out those conditions and influences which modify them in the varying of their existence. Hence Option C is correct.
2.Correct Answer: A
Explanation- Supreme legislation is that which proceeds from the sovereign power in the state. The Parliament of India possesses the power of supreme legislation. However, legislation enacted by a State legislation falls in the category of subordinate legislation. Hence Option A is correct.
3.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. Because:
Sometimes, it becomes necessary to find out the real persons who control the company. In cases when the corporate personality [legal entity] of the company is misused for fraudulent or improper conduct or for doing things against public policy. In such cases, the court ignores the separate entity. When the corporate personality of a company is used as a shield to cover its wrongdoings such as for evasion of tax, the courts may lift the corporate veil. Hence Option A is correct.
4.Correct Answer: A
Explanation- Under the stare decisis rule, a principle of law which has become settled by a series of decisions generally is binding on the courts and should be followed in similar cases. Hence Option A is correct.
5.Correct Answer: B
Explanation- Corporation sole is an incorporated series of succession persons. It is a corporation which has one member at the time. It is a body politic having a perpetual succession. is constituted in a single person who in right of some office or function, has the capacity to take, purchase hold and demise land and hereditaments. A corporation sole is perpetual, but there may be and mostly are period in the duration of a corporation sole, occurring irregularly in which there is a vacancy or no one existence in whom the corporation resides and is visible represented. Examples of corporation sole are Postmaster General Minister of Health, Comptroller and Auditor General, and the President of India etc. Hence Option B is correct.
6.Correct Answer: B
Explanation- Mediate possession is also known as indirect possession. When the relation between the possessor and the thing possessed is not direct but through the intervention agency of some other person, it is called media possession. Hence Option B is correct.
7.Correct Answer: C
Explanation- There are two elements of possession and those are the corpus of possession and animus or the intention to hold the possession. The two elements must be present in the case of possession.
The possessor has physical power or physical contact over the thing possessed.
The animus possidendi is the conscious intention of an individual to exclude others from the control of an object. Hence option C is correct.
8.Correct Answer: A
Explanation- According to Savigny, both the corpus of possession and the animus possidendi must be present to constitute possession. Animus possidendi must be explained by animus Domini or animus Sibi habendi. Hence Option A is correct.
9.Correct Answer: D
Explanation- According to Sir Thomas Erskine Holland jurisprudence is “the formal science of Positive Law. It is a formal or analytical science rather than a material science. The term positive law has been defined by Holland as “the general rule of external human action enforced by a sovereign political authority.” Hence option D is correct.
10.Correct Answer: C
Explanation- Hans Kelsen is the exponent of the Viennese school of jurisprudence. He stands for a pure theory of law. He would like to separate jurisprudence from all other social sciences and liberate the “law from the metaphysical mist with which it has been covered at all times by the speculations on justice or by the doctrine “jus naturale”. Hence Option C is correct.