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Q.1. Assertion (A): The importance of legislation, as a source of law, is much more than the other sources of law.
Reason (R): Legislation is the only possible means to regulate the affairs of modern society.
(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. ‘Acquisition of res nullius’ is ____________?
(a) original acquisition of ownership
(b) derivative acquisition of ownership
(c) mere custody of the thing
(d) accessory acquisition of ownership
Q.3. The cancellation of THE driving licence of a person is an example of ___________?
(a) expiratory theory (b) preventive theory
(c) reformative theory (d) deterrent theory
Q.4. Assertion (A): For legal duly, Sanction is an essential element attached for its breach.
Reason (R): The presence of sanction is the test of legal duty.
(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.5. Which one of the following statements is related to Salmond?
(a) Jurisprudence is a lawyer’s perspective
(b) Jurisprudence is the formal science of positive law
(c) Jurisprudence is the science of the first principle of civil law
(d) Jurisprudence is the scientific synthesis of principles of law
Q.6. According to Austin, sanction is _________?
(a) the permission to do an act
(b) the evil consequence of disobeying the command of the sovereign
(c) a right granted by law
(d) a power to inflict punishment
Q.7. Consider the following statements:
(a) Laws are commands.
(b) The analysis of the legal concept is distinct from sociological and historical inquiries.
(c) Decisions can be deducted logically with recourse to morality
(d) The law as it is has to be kept separate from the law and ought to be.
Which of the statements given above are related to positivism?
(a) 1, 2 and 4 (b) 1, 2 and 3
(c) 2, 3 and 4 (d) 1 and 4
Q.8. Which one of the following statements is not related is the Natural Law School?
(a) Evaluation of any part of the law must be done in terms of its effects
(b) There is a connection between means and ends
(c) Justice originates in pure practical reason
(d) Law consists of means of achieving ends
Q.9. Ratio decidendi of a case in which one of the following?
(a) The order of the court in the case
(b) The final decree passed by the Court
(c) The underlying principle or legal reasons on which the result of the case depends
(d) The part of the judgement which has a persuasive effect
Q.10. Consider the following statements:
1. Law is not made but is already available in the soul of human beings
2. The nature of the legal system is a reflection of the spirit of the people
3. Law grows with the growth and strength with the strength of the people
4. Customary law dies when the law is codified
Which of the statements given above are related to the “Volksgeist” theory propagated by Savigny?
(a) 1, 2 and 3 (b) 2, 3 and 4
(c) 1, 3 and 4 (d) 1 and 4
Answers with Explanations
1.Correct Answer: A
Explanation:- Here both ‘A’ and ‘R’ are true and R explains A that legislation is the mark of advanced society and mature legal system. It is complete, precise and easily accessible and a result of a deliberate positive process. Thus, legislation is the only possible means to regulate the affairs of modern society. Because, it is quickly made, definite, easy to access and easy to prove.
2.Correct Answer: A
Explanation- Res null means, things belonging to nobody that means a thing which has no owner. The rule in the case of an ownerless thing is that the first occupier becomes the owner. And his possession will be regarded as the original acquisition of ownership. Hence Option A is correct.
3.Correct Answer: B
Explanation- According to preventive theory of punishment the object of punishment is preventive or disabling. The offender are disabled from repeating the offences by such punishments as imprisonment, death, exile or forfeiture of office. By putting the criminal in jail, he is prevented from committing another crime. By dismissing a person from his office, he is deprived of the opportunity to commit a crime again. Thus, the cancellation of the driving licence is an example of the preventive theory. Hence Option B is correct.
4.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are individually true and ‘R’ is the correct explanation of ‘A’.
A legal duty is an act of opposite of which is a legal wrong. It is an act recognized as a duty by law treated as such for the administration of justice. If a law recognizes an act as a duty. it generally enforce its performance and punishes those who disregard same. The breach of a legal duty is generally a crime the remedy is the punishment of the offender. Hence Option A is correct.
5.Correct Answer: C
Explanation-The correct relation of the right authors to the statement given below:
Salmond: Jurisprudence is the science of the principle of civil law.
Holland: Formal science of positive law
Allen: Scientific synthesis of all principles of law.
Julius Stone: Jurisprudence is the lawyer’s version. Hence Option C is correct.
6.Correct Answer: B
Explanation- According to Austin the word “Sanction” meant, to which will probably he incurred in case a command, disobeyed. The term “Superior” implied a person or persons could compet other to obey. The term “Sovereign” meant a determinate superior not in the habit of obedience to like superior in receipt of habitual obedience from the bulk of society. Hence Option B is correct.
7.Correct Answer: A
Explanation- According to Austin all laws are the command of the sovereign, the “Law is as it is” not “ought to be” so the law as it is has to be kept separate from the law ought to be and the analysis of the legal concept is to be done based on logic, not based on sociological and historical inquiries. Hence Option A is correct.
8.Correct Answer: A
Explanation- According to the Natural school, Law is the product of human reason and its purpose is to elevate and ennoble human personality. The natural school is concerned with the relation of law to certain ideals which law is meant to achieve. Hence Option A is correct.
9.Correct Answer: C
Explanation- A precedent is a judicial decision that contains. In itself a principle. The underlying principle which thus forms its authoritative elements is often termed the ratio decidendi. The concrete decision is binding between the particles to it but it is abstract ratio decidendi which alone has the force of law as regards the world at large. Thus ratio decidendi is a rule of law expressly or impliedly treated by the judges as a necessary step in reaching his conclusion. Hence Option C is correct.
10.Correct Answer: B
Explanation- According to Savigny law grows with the growth and strengthens with the strength of the people and finally dies away as a nation loses its nationality The view of Savigny is that the nature of any particular system of law was a reflection of the spirit of the people, who evolved the law, ‘the Volkegeist.’ Law is the manifestation of common consciousness. Savigny was opposed to the codification of law. Hence Option B is correct.