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Q.1. Who among the following propounded the theory of possession which lays stress not on animus, but on de facto control?
(a) Salmond (b) Pollock
(c) Holmes (d) Jhering
Q.2. ‘A’ borrowed a sum of Rs. 5,000/- from ‘ B’, which he did not repay for a period of three years. Now which one of the following rights does ‘B’ have against ‘A’?
(a) Perfect right (b) imperfect right
(c) Proprietary right (d) None of the above
Q.3. What do Rights in re-aliena mean?
(a) Rights in the things of others
(b) Rights in one’s own things
(c) Rights relating to property
(d) Rights to receive damages
Q.4. Who among the following divided the sources of law into formal sources and material sources?
(a) Allen (b) Keeton
(c) Salmond (d) Gray
Q.5. Why is the expiatory theory of punishment obsolete now?
(a) It does not empower the State to impose punish
(b) It is incapable to reform the wrong doer
(c) It is based on moral doctrines
(d) It enlarges the limits of jurisprudence
Q.6. Eugen Ehrlich is a well known Jurist of sociological school of jurisprudence. Which one of the following statements may not be attributed to the theory propounded by him?
(a) Law is derived from social facts
(b) Law depends on social compulsion
(c) There is a ‘living law’ underlying the formal rule of the legal system
(d) State law has significant influence on shaping and development of living law
Q.7. Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom?
(a) Duguit (b) Roscoe Pound
(c) Savigny (d) Jhering.
Q.8. Which of the following factors are responsible for the resurgence in favour of natural law thinking in the twentieth century?
- The decline in social and economic stability in the twentieth century
- The expansion in government activity
- Growth of weapons of destruction and policies of genocide
- Growing inclination of people towards religion
Select the correct answer using the codes given below:
(a) 2, 3 and 4 (b) 3 and 4
(c) 1, 2 and 6 (d) 1 and 4
Q.9. There is a clear cut division between the spheres of the legislature and the judiciary. The former makes the laws and the latter applies them. Which one of the following propounds this doctrine?
(a) Analytical jurisprudence
(b) Historical jurisprudence
(c) Sociological jurisprudence
(d) Philosophical jurisprudence
Q.10. It is said that the next step forward in the long path of man’s progress must be from jurisprudence to jurimetrics. In this context, what does jurimetrics signify?
- Speculation about law
- Scientific investigation of legal problems
- Increasing awareness of the fruits of interdisciplinary co-operation
- Relationship between law, economy and society
Select the correct answer using the codes given below:
(a) 1, 2 and 3 (b) 2, 3 and 4
(c) 1, 3 and 4 (d) 1, 2 and 4
Q.11. Assertion (A): Austin does speak of the science of law
Reason (R): Science of law and philosophy of positive law are synonymous to him.
(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
Answers with Explanations
1.Correct Answer: B
Explanation- According to Pollock, “In common speech a man is said to possess or to be in possession of anything in which he has the apparent control or from the use of which he has the apparent power of excluding others.” Hence Option B is correct.
2.Correct Answer: B
Explanation- In this case the right is imperfect as no action lies for their maintenance. The law of limitation does not destroy a right but it merely provides that the right cannot be enforced through the agency of law. Hence Option B is correct.
3.Correct Answer: A
Explanation- 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 of their holder. Hence Option A is correct.
4.Correct Answer: C
Explanation- Salmond refers to the formal and material sources of law. A formal source is that from which a rule of law derives its force and validity. The material source of law are those from which is derived the matter and not the validity of law. Hence Option C is correct.
5.Correct Answer: C
Explanation- The expiatory theory is based on moral doctrines. So, it is not fit in modern circumstances and obsolete. Hence Option C is correct.
6.Correct Answer: D
Explanation- According to Ehrlich the State is not the only source of law. The machinery of the State is only one factor in social control. The view of the Ehrlich was that a law which was not habitually observed was not a part of the living law of the community. His calculation was that about one-third of the section of the Austrian Civil Code had no influence whatsoever upon the life of the people. Hence Option D is correct.
7.Correct Answer: B
Explanation- Roscoe Pound has given a classification of social interest of which the law has to take account, According to him, the task of law is ‘social engineering by which he means the balancing of competing interests in society. Hence Option B is correct.
8.Correct Answer: C
Explanation- There are many reasons for the wide-spread revival of the conception of natural law. There was a general desire to restore closer relations between law and morality, People were not satisfied with the Austinian view of law which ignores morality altogether. The development of sociological theories and science demands that the theory of law should allow a judicial interpretation of positive law in accordance with changing ideas and circumstances. Hence Option C is correct.
9.Correct Answer: A
Explanation- The view of the analytical school is that typical law is a statute and legislation is the normal process of law-making. The exponents of this school do not approve of the usurpation of the legislative functions by judiciary. Hence Option A is correct.
10.Correct Answer: B
Explanation- In this context, the jurimetrics signifies scientific investigation of legal problems and to increase the awareness of the fruits of interdisciplinary co-operation. And to take account of relationship between law, economy and society. Hence Option B is correct.
11.Correct Answer: C
Explanation- (A) is true but (R) is false because Austin refers to two aspects of jurisprudence, general and particular. By general jurisprudence, he means the philosophy of positive law and by particular jurisprudence he means the science of particular law or the science of any system of positive law prevailing in any country. Hence Option C is correct.