Are you a serious Judicial Services Aspirant?
If yes and you are looking for a dedicated Judicial Services Mentorship program that includes Mains Answer Writing practice and Classes, kindly know our full program details on this webpage. The Best Plan for Judicial Services Preparation
Q.1. ‘Positive law’ is called positive because it is___________?
(a) made as a result of divine providence
(b) made as a result of collective effort
(c) made by a person in authority
(d) followed by everybody
Q.2. In the statement “Every right involves a relationship between two or more ‘X’ persons and only they can be bound by duties or be the holders of legal rights,” ‘X’ stands for_________?
(a) insane
(b) sane
(c) human
(d) legal
Q.3. Assertion (A): Customs to have the force of law must be immemorial.
Reason (R): Custom represents common consciousness of people.
(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.4. Assertion (A) : Austin said that, “only the laws set by sovereign to the members of a political society are positive law or law simply and strictly so called.”
Reason (R): In his theme of explaining laws, Austin attached importance to the element of sanction.
(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. Assertion (A) : Precedent is like a gold in a mine.
Reason (R): It has to be searched in law reports.
(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.6. If the jural co-relative of “Right” is “Duty”, then the co-relative of “Liberty” is :
(a) power
(b) disability
(c) liability
(d) no claim
Q.7. Right in re aliena means a right over__________________?
(a) his own property
(b) a property of someone else
(c) a property situated in a foreign country
(d) a property situated in one’s own country
Q.8. Which of the following duties have been included by Austin in the category of “absolute duties”?
1. Duties owed to persons indefinitely
2. Self-regarding duties
3. Duties owed to the sovereign
4. Duties owed to the parents
5. Select the correct answer using the codes given below:
Codes:
(a) 1, 3 and 4
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 2 and 3
Q.9. Which of the following combination (s) is/are correct?
Theory of corporate personality Profounder of Theory
1. Realist Gierke
2. Symbolist Savigny
3. Fiction Ihering
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 3
(b) 1 and 3
(c) 2 and 3
(d) 1 alone
Q.10. In State Trading Corporation of India Vs Commercial Tax Officer, the Supreme Court observed that company registered under the Companies Act______?
(a) Is like a citizen of India and can avail itself of any rights available to citizens of India.
(b) Is a legal person and equivalent to a citizen as well
(c) is a legal person but is cannot avail itself of fundamental rights under the constitution available to citizen only
(d) Can neither claim legal personality nor right of citizen
Answers with Explanations
1.Correct Answer: C
Explanation- According to Austin positive law is set by a Sovereign to the members of an independent political society. It is a law which set by political superior for political inferior, or by private persons in pursuance of legal right conferred by such superiors. Hence Option C is correct.
2.Correct Answer: B
Explanation- Every right involves a relationship between two or more sane persons and only they can be bound by duties or be the holders of legal rights. Hence Option B is correct.
3.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are individually true but ‘R’ does not explain ‘A’.
Custom to be valid must be immemorial.
According to Savigny custom is the common consciousness of the people. Law has its existence in the general will of the people. Savigny gives it the name of `Volkgeist’. Hence Option B is correct.
4.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ also explains ‘A correctly because:
According to Austin, sanction occupies an important place in the enforcement of the law. People follow law due to sanction or coercive element inherent in the law. Hence Option A is correct.
5.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ and ‘R’ correctly explain.
‘A’. Because case law is buried from sight and knowledge in the huge and daily growing mass of the records of legislation. Case-law is gold in the mine, a few grains in the precious metal to the tons of useless metal. Hence Option A is correct.
6.Correct Answer: D
Explanation- The jural co-relative of liberty is no claim or no right. Hohfield’s Scheme of jural relation is given below:
Right Liberty
Duty No-right
Power Immunity
Liability Disability
According to Hohfield there are four distinct kinds:
Rights Liberties 3. Power 4. Immunities
Each of these correlated namely:
Duties 2. No rights 3. Liabilities 4. Disabilities
Hence option D is correct.
7.Correct Answer: B
Explanation- Rights in re aliena are rights over property of another person. These rights derogates from the rights of other persons and add to the rights of their holder. Right of way across the land of another person is a right in re aliena. Hence Option B is correct.
8.Correct Answer: D
Explanation- According to Austin, some duties are absolute. Those duties do not have a corresponding right. Examples of absolute duties are self-regarding duties such as a duty not to commit suicide or become intoxicated, a duty to undeterminate 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 a duty to Sovereign State. Hence Option D is correct.
9.Correct Answer: D
Explanation- Realistic theory was propounded by Gierke, the Great German Jurist. The Fiction theory was propounded by Savigny. Bracket theory is associated with the name of lhering. Hence Option D is correct.
10.Correct Answer: C
Explanation- A corporation or company cannot claim a right which given to citizens only. Because they are given to natural persons not legal persons. Thus, a corporation being a legal person cannot avail itself of fundamental rights under the constitution available to citizens only. Hence Option C is correct.