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Q.1. The analysis of rights into four pairs of correlative: was done by ____________?
(a) Pound (b) Radin
(c) Hohfeld (d) Kocourek
Q.2. Which one of the following right is an accessory right?
(a) A right reputation
(b) A right to bodily security
(c) An easement
(d) Ownership of a piece of land
Q.3. Which one of the following can be said to be a right inrepropria?
(a) The right of a lessee
(b) Easement
(c) The right of a mortgagee
(d) Ownership of land
Q.4. The birth and death of legal persons are determined by______________?
(a) nature (b) custom
(c) law (d) precedent
Q.5. Austin defines ownership as ‘a right over a determinate thing indefinite in point of uses. Unrestricted in point of disposition and unlimited in point of duration’.
Which one of the following writers is the principal critic of this definition?
(a) Savigny (b) Hibbert
(c) Osborn (d) Allen
Q.6. Possession has been recognised under Common Law on the principle of ___________?
(a) best right to possess (b) better right to possess
(c) possession in time (d) joint possession
Q.7. In civil and criminal justice wrongs are advisable into ___________?
(a) good and bad
(b) punishable and non-punishment
(c) public and private
(d) enforceable and non-enforceable
Q.8. Retribution under the retributive theory of punishment means the wrong doer__________?
(a) is shunned by the society
(b) pays for his wrongdoing
(c) is punishment by God
(d) is morally reformed
Q.9. It is generally agreed that the definition of law has consumed so much time and energy because____________?
(a) the nation of law is different in different countries
(b) law is a very difficult subject
(c) it is surrounded with philosophical perplexities
(d) there is a linguistic variation on the issue
Q.10. The expression ‘law’ in relation to Jurisprudence means________?
(a) the law in its abstract sense only
(b) positive law only
(c) fundamental legal principles
(d) theories of punishment
Answers with the Explanations
1.Correct Answer: C
Explanation- According to Hohfield there are four distinct kinds:(1) Rights, (2) Liberties, (3) Powers, (4) Immunities
Each of these has its co-relatives namely: (1). Duties, (2). No rights, (3). Liabilities, (4).Disabilities
The four pairs of co-relatives are arranged in the following table, the co-relative being obtained by reading downwards:
Right Liberty
Duty No-right
Power Immunity
Liability Disability
Hence Option C is correct.
2.Correct Answer: C
Explanation- Principles rights exist independently of other rights. Accessory rights are appurtenant to other rights and they have a beneficial effect on the principal rights. Security is an accessory to the right secured. A servitude is accessory to the ownership of land for whose benefit it exists. The rent and covenant of a lease are accessory to the ownership of the property by the landlord. Covenants for the title in a conveyance are accessory to the estate conveyed A right of action is accessory to the right for whose enforcement it is provided. Hence Option C is correct.
3.Correct Answer: D
Explanation- Rights in re propria are rights in one’s own property. These are complete rights to which other rights can be attached. Rights in re aliena are rights over the property of another person. These rights derogate from the rights of other persons and add to the rights holder. Hence Option D is correct.
4.Correct Answer: C
Explanation- Legal persons are real or imaginary beings to whom personality is attributed by law by way of fiction where not exists in fact Law attributes by legal fiction a personality of some real thing. A fictitious thing is that which does not exist in fact but which is deemed to exist in the eye of law. A legal person has a real existence but its personality is fictitious. Personification is essential for all legal personality but personification does not create personality. It is used merely because it simplifies thought and expression. Thus the birth and death of legal persons are determined by law. Hence Option C is correct.
5.Correct Answer: B
Explanation- According to Hibbert, ownership involves four rights and those are the right of using the thing, excluding others from using it, the disposal of the thing and the destruction of the thing. Under the English Law, no one can have absolute ownership in the land as land cannot be destroyed One can have merely an estate in it. An estate means the legal interest of a party inland measured by duration and entitling the party to put the land to uses of an indefinite nature. Hence Option B is correct.
6.Correct Answer: B
Explanation- Possession is one of the most important concepts in the whole range of legal history. Many important legal consequences flow from the acquisition and loss of possession. Possession is the prima facie evidence of ownership. The first possession of a thing which belongs to no one is a good title of right. Hence Option B is correct.
7.Correct Answer: C
Explanation- The distinction between criminal and the civil proceeding is often identified with that between public and private wrongs. A public wrong is an offence against the community at large and dealt with by proceeding to which the state is a party. A private wrong is committed by one individual against another private individual. Hence Option C is correct.
8.Correct Answer: B
Explanation- The retributive aspect of punishment was recognized in ancient penology. 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 as followed. Hence Option B is correct.
9.Correct Answer: A
Explanation- In the words of Morris, To a zoologist, a horse suggests that the genus Mammalian quadruped, to a traveller a means of transportation, to an average man the sports of kings, to certain nations an article of food.” The same is the case with law. Law has been variously defined by various individuals from different points of view and no wonder there is no unanimity of opinion regarding the real nature of law. So the definition of law has consumed so much time and energy because the notion of law is different in different countries. Hence Option A is correct.
10.Correct Answer: C
Explanation- The term jurisprudence is derived from the Laths word, `Jurisprudentie. The term ‘Juris means Law and `prudential means science or a systematic body of knowledge. Thus, etymologically’ “Jurisprudence means the science of civil law”. Jurisprudence is a particular method of study, not of the law of one country, but of the general notion of law itself, it is a study relating to law. Hence Option C is correct.