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Q.1. Ownership is “a right indefinite in point of user unrestricted in point if disposition-and unlimited in point of duration over a determinate thing”. This definition of ownership has been given by__________?
(a) Salmond
(b) Allen
(c) Paton
(d) Austin
Q.2. One of the important elements in the concept of possession is ‘possessions’ which means_______?
(a) direct constant with the object
(b) effective control of the object
(c) an intention of hold the object as owner
(d) an intention on the part of the possessor to exclude any interference by others
Q.3. Consider the following statements;
1. Precedents are created by the judges
2. A precedent is not binding if it is inconsistent with a state
3. Precedents can sometimes be created by legislation
Of these statements:
(a) 1 and 2 are correct
(b) 1, 2 and 3 are correct
(c) 1 and 3 are correct
(d) 2 and 3 are correct
Q.4. Assertion (A): Laws are valid only if they are just.
Reason (R): The aim of law is to secure justice,
(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. Consider the following statements concerning Natural Law:
1. The central notion of natural law is the existence of objective moral principles
2. These principles are discovered by reference to legal sources as the constitution, codes and so on
3. These principles depend on the essential nature of man
Of these statements
(a) 1, 2 and 3 are correct (b) 1 and 2 are correct
(c) 2 and 3 are correct (d) 1 and 3 are correct
Q.6. Who among the following is considered an exponent of utilitarianism?
(a) Hobbes
(b) Bentham
(c) David Hume
(d) Grotius
Q.7. Roscoe Pound propounded the theory of “Social engineering” which means________?
(a) the greatest happiness to the greatest number of people
(b) balancing of competing interests in society
(c) changes in the concepts and function of the state
(d) that law has its source in the general consciousness
Q.8. Consider the following statements:
1. Law developed in its primitive stages uniformly in all societies
2. Development of all societies was uniform
Of these statements
(a) Both I and II are false
(b) I is false but II is true
(c) I is true but II is false
(d) Both I and II are true
Q.9. Savigny’s view of the law was first presented in the famous pamphlet Of the Vocation of Our Age for Legislation and Jurisprudence”. This pamphlet was_________?
(a) a reaction against natural law theory
(b) a reaction against the analytical theory of John-Austin
(c) a reaction to the proposals made by Professor A.F.J. Thibaut for the codification of the laws and customs of the German States based on Roman Law and Napoleonic code
(d) a suggestion for the codification of the laws and customs of the German States based on Roman law as Roman law had become the Germanic Volksgeist
Q.10. In order that a local custom may be valid and operative as a source of law, which of the following requirements besides antiquity are to be satisfied?
1. Reasonableness
2. Conformity with statue
3. Observance as a matter of moral right
Select the correct answer using the codes given below:
Codes:
(a)-1, 2 and 3
(b) 2 and 3
(c) 1 and 3
(d) 1 and 2
Answers with Explanations
1.Correct Answer: D
Explanation- According to Austus, “Ownership means a right which avails against everyone who is subject to the law conferring the rights to put a thing to the user of indefinite, nature. Full ownership is defined as “a right in definite in point of the user, unrestricted in point of disposition and unlimited in point of duration”. It is a right in rem which is available against the whole world. Hence Option D is correct.
2.Correct Answer: B
Explanation- Corpus is an effective realization in fact of the claim of the possessor. Effective realization means that the fact must amount to the actual present exclusion of all alien interference with the thing possessed together with reasonably sufficient security of the exclusive use of it in the future. The possessor has physical power or physical contact over the thing possessed. Hence Option B is correct.
3.Correct Answer: A
Explanation- Precedent is the decisions of courts by the judges. The reason why a precedent is recognised is that a judicial decision is presumed to be correct. That which is delivered in judgement must be taken for established truth. Hence option A is correct.
4.Correct Answer: D
Explanation- Here ‘A’ is false but ‘R’ is true
Laws secure justice. They provide uniformity and certainty to the administration of justice. Laws avoids the danger of arbitrary, biased and dishonest decisions. It protects the administration of justice from the errors of individual judgement. Hence Option D is correct.
5.Correct Answer: D
Explanation- By natural or moral law is meant the principles of natural right and wrong—the principles of natural justice if we use the term justice in its widest sense to include all forms of rightful action. It is called rational law as it is supposed to based upon reason. Hence Option D is correct.
6.Correct Answer: B
Explanation- Bentham tested every law by the criterion of whether it leads to the greatest happiness of the greatest number or not. He examined the structure, conception and functioning of the legal system in order to remove the existing abuses. Hence option B is correct.
7.Correct Answer: B
Explanation- According to Pound, the task of law is “Social engineering” by which he means the balancing of competing interests in society. Pound considers law as a social institution that works for the only end i.e., the satisfaction of social wants. Pound wants law should be used to effect a balance between the competing interests in society. Hence option B is correct.
8.Correct Answer: C
Explanation- According to Sir Henri’ Maine early development in all societies was roughly the same. But the static societies did not progress beyond the point. Hence Option C is correct.
9.Correct Answer: C
Explanation- Savigny was opposed to the codification of law. He pointed to the defects of contemporary codes which preserved subsidiary and often unsuitable rules of Roman Law, even though they rejected its main principles. Hence Option C is correct.
10.Correct Answer: D
Explanation- A custom to be valid must have the following requisites immemorial reasonableness continuity peaceable enjoyment certainty compulsory observance general or universal not opposed to public policy not conflict with the statute law. Hence Option D is correct.