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Q.1. The main difference between the Historical and Sociological School of Jurisprudence is that the former ______?
(a) gives importance to the state and the latter to society
(b) regards custom as a source of law and the latter does not
(c) gives the permanent role to judges in shaping the law while the latter does not
(d) concentrates on the past practices of the society while the latter does not
Q.2. Law was defined in terms of balancing various interests in the society and as such law was described as social engineering by_______________?
(a) Austin
(b) Holland
(c) Ehrlich
(d) Pound
Q.3. Austin’s theory of law can be found in his work titled `Province of Jurisprudence Determined’, through which he meant to convey the idea that ____________?
(a) the subject matter of jurisprudence was large till then
(b) the applicability of laws differed from province to province
(c) the subject matter of divine laws etc. do not fall within the purview of jurisprudence
(d) the subject matter of divine laws etc. fall within the purview of jurisprudence
Q.4. Consider the following types of legislation:
1. Colonial legislation
2. Judicial legislation
3. Parliamentary legislation
4. Executive legislation
The term ‘subordinate legislation’ includes:
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
Q.5. It is one of the cardinal principles of delegated legislation that the legislature should not delegate to a subordinate above body the power to make rules on______?
(a) technical matters of the law
(b) the policy matters of the law
(c) the matters of inclusion or exclusion of areas of the subject
(d) the date of commencement of a statue.
Q.6. Assertion (A): A person in possession of a thing is deemed to be the owner of the thing possessed.
Reason (R): Possession is as good as ownership.
(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. Assertion (A): A finder of a thing has title to it.
Reason (R): The finder’s title to a thing is superior to that of the true 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.8. Who among the following said that there is, in essence, no difference between the legal personality of a company and that of an individual ‘?
(a) Maitland
(b) Dicey
(c) Gierke
(d) Kelsen
Q.9. A child in the mother’s womb is _____?
(a) a legal person from the time of conception provided it is born alive
(b) a legal person from the time of conception even if it dies before it is born
(c) not a legal person
(d) a legal person the time of conception provided it lives up to seven years
Q.10. Consider the following statements:
1.All citizens are natural persons
2. All business associations are legal persons
3. All legal persons are natural persons
Which of the above statement(s) is/are correct?
(a) 1 alone
(b) 1 and 2
(c) 2 and 3
(d) 1, 2 and 3
Answers with Explanations
1.Correct Answer: D
Explanation- According to Historical School custom is only a persuasive source of law. It is transcendent law, and other methods of legal evolution such as legislation and precedent derive their authority from custom. Custom derives its binding force from its own intrinsic vitality and not from judicial precedent or legislation purporting to follow or legalise it. According to Sociological School, custom is a source of law but it is not so important, in modern times lawmaking has become more important. Law must be changed according to the changing circumstances. Hence Option D is correct.
2.Correct Answer: D
Explanation- According to Pound, the task of law is “Social engineering” by which he means the balancing of competing interests in society. According to him, for the purpose of the science of law, interest is a claim, a want, a demand, of a human being or a group of human beings seeks to satisfy and of which social engineering in a civilised society must therefore take account. So defined, the interest which the legal order secures may be claims or wants or demands or individual human beings immediately as such (individual interest), of the political organisation of society as such, conceived as a person (public interest) or of the whole social groups as such (social interests). Hence Option D is correct.
3.Correct Answer: D
Explanation- The object of Austin in “The Province of Jurisprudence Determined” was to identify the distinguishing characteristics of positive law and to free them from the confusion with the precepts of religion and morality which had been encouraged by Natural Law theorists and exploited by the opponents of legal reform. Hence option D is the correct answer.
4.Correct Answer: C
Explanation- Salmond refers to five kinds of subordinate legislation:
(1) Colonial legislation
(2) Judicial legislation
(3) Municipal legislation
(4) Autonomic legislation
(5) Executive legislation or Delegated legislation.
Hence Option C is correct.
5.Correct Answer: B
Explanation- Parliament cannot delegate essential powers of law-making to the executive. Thus, parliament should no delegate to a subordinate body the Power to make the rule, on the policy matters of the law. Hence Option B is correct.
6.Correct Answer: C
Explanation- ‘A ‘ is true but ‘R’ is false because:
Possession is the prima facie evidence of the title of ownership. The first possession of a thing which as yet belongs to no one is a good title of right. But possession is not as good as ownership. Because possession is in fact and ownership is in right. Possession is the de facto exercise of a claim: ownership is the de-jure recognition of it. Hence Option C is correct.
7.Correct Answer: C
Explanation- Here ‘A’ is true but ‘R’ is false because the first finder of a thing has a good title to that thing against all but the true owner. Hence Option C is correct.
8.Correct Answer: D
Explanation- According to Kelsen, legal personality is itself nothing but fiction. Legal order can attribute the legal personality of will. If it wishes to do so, it can personify things, institutions or groups. The juristic person is the personification of the sum-total of legal rules applicable to a plurality of persons. Hence Option D is correct.
9.Correct Answer: A
Explanation- Unborn persons have a legal personality. They are entitled to own property even before their birth although their Ownership is a contingent one. If they are not born alive, ownership may not be complete. A child in the womb of the mother is regarded as already in existence for many purposes. Hence Option A is correct.
10.Correct Answer: A
Explanation- According to Holland, a natural person is “such a human being as is regarded by the law as capable of rights and duties, as having status. Hence Option A is correct.