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Q.1. Right of ownership of a partner in a firm is __________?
(a) sole ownership (b) co-ownership
(c) legal ownership (d) corporeal ownership
Q.2. A has money in his pocket, this right is a ____________?
(a) right in rem
(b) right in personam
(c) right both in rem and personam
(d) neither a right in rem nor in personam
Q.3. According to Austin, duties can be classified into two categories—relative and absolute. Absolute duties have no corresponding rights. Which one out of the following is not an absolute duty according to Austin?
(a) Duties towards God
(b) Duties towards a person
(c) Duties towards self
(d) Duties towards sovereign
Q.4. Delegated legislation means ____________?
(a) the law that is delivered by lower judiciary
(b) the law made by the state legislators
(c) the law made by the administrative bodies
(d) the law made by the Governor through ordinances
Q.5. Which one of the following is not a chief form of subordinate legislation?
(a) Colonial legislation
(b) Executive legislation
(c) Municipal legislation
(d) Judicial legislation by way of precedent
Q.6. Which one of the following statements is correct?
(a) Judges declare the law
(b) Judges make new law
(c) Judges declare the law and also make law
(d) Judges do not make law
Q.7. In which of the following categories did Henry Maine not divide society?
(a) Static society (b) Progressive society
(c) Socialistic society (d) None of the above
Q.8. Which one of the following schools considers law as the means by which the individual’s will is harmonised with the general will of the community?
(a) Sociological school (b) Philosophical school
(c) Historical school (d) Analytical school
Q.9. Which one of the following theories of law considers Law as an instrument of suppression, its main function is to secure power relationship?
(a) Philosophical theory of law
(b) Hegel’s theory of law
(c) Marxist theory of law
(d) Pollock’s theory of law
Q.10. Kelsen’s theory of law is free from ethics, politics sociology, history, religion etc. It must in other words be _________?
(a) confined (b) defined
(c) specified (d) pure
Answers with Explanations
1.Correct Answer: B
Explanation- When the right of ownership is vested exclusively in one person, it is called sole ownership. When two or more persons have the same right vested in them. This is called co-ownership. The members of a partnership are co-ownership of the partnership property. Hence Option B is correct.
2.Correct Answer: A
Explanation- A right In rem is available against the whole world. A right in personam is available against a particular individual only Right of possession and ownership is protected by law against all those who may interfere with the same, it is a right in rein. Rights under a contract are rights in personam as the parties to contract alone are bound by it. Hence Option A is correct.
3.Correct Answer: B
Explanation- According to Austin, some duties are absolute, those duties do not have a corresponding right. Example of absolute duties are self regarding duties such us duty not to commit suicide or become intoxicated, a duty’ to indeterminate persons or the public such as a duty not to commit a nuisance a duty to one, not a human being such as a duty towards God or animals and duty to Sovereign or State. Hence Option B is correct.
4.Correct Answer: C
Explanation- Delegated legislation or executive legislation is a kind of subordinate legislation. The main function of the executive is to enforce laws but in certain cases, the power of making rules is delegated to the various departments of the government. This is technically called subordinate or delegated legislation. Delegated legislation is becoming more and more important in modern times. Hence Option C is correct.
5.Correct Answer: D
Explanation- Salmond refers to five kinds of subordinate legislation 1. Subordinate legislation in the colonial field, the powers of self-government entrusted to the colonies 2. Legislative power is given to the judiciary, to make rules for the regulation of their own procedure. It cannot create new law by way of precedents. 3. Municipal authorities are allowed to make bye-laws for limited purposes within their areas. Sometimes, the state allows private person like universities, railways companies etc, to make bye-laws, which are recognized and enforced by law courts. Such legislation is usually called autonomic. 4. Executive legislation or delegated legislation. Hence Option D is correct.
6.Correct Answer: C
Explanation- The judge-made law is both original and declaratory. Judges not only declare the existing law but also creates new law by their authoritative pronouncement. Hence option C is correct.
7.Correct Answer: C
Explanation- Sir Henry Maine was an exponent of historical jurisprudence. He compared various legal system and concluded that societies could be divided into two categories: static and progressive. To quote Maine, The movement of progressive societies has been a movement from status to contract.” Hence Option C is correct.
8.Correct Answer: A
Explanation- According to Roscoe Pounds, the task of law is “Social engineering”, by which he means the balancing of competing interests in society. He has emphasised the necessity of studying the actual working of the law. Pound talks of relative values and not absolute values. He always tried to maintain the balance. His work is experimental. Hence Option A is correct.
9.Correct Answer: C
Explanation- According to Karl Marx, the law is an instrument used by the economically ruling class to keep the subordinate class in subjection. The view of Marx was that law was an instrument of domination and exploitation wielded by the capitalists against the workers.
The great contribution of economic jurisprudence lies in the fact that it emphasises the important part played by the economic forces in the development and enforcement of the law. However, the emphasis put is very much exaggerated. The attempts to do away with the law have proved the fact that it is practically impossible to live without it. Hence Option C is correct.
10.Correct Answer: D
Explanation- Hans Kelsen is the exponent of the Viennese school of jurisprudence. He stands .for a pure law theory of jurisprudence. He would like to separate jurisprudence from all other social sciences, and liberate the “law from the metaphysical mist which it has been covered at all times by the speculations on justice or by the doctrine “jus naturale.”
According to him, jurisprudence is knowledge of norms. In every legal system, no matter with what proposition of law we start, a hierarchy of “oughts” is traceable back to some initial or fundamental “ought” from which all the other emanates. This is called by him the grundnorm or the basic or the fundamental norm. Hence Option D is correct.