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Q.1. Which of the following statements are correct?
1. Ownership can be legal and vested ownership
2. Ownership can be legal and equitable ownership
3. Ownership can be trust and beneficial ownership
Select the correct answer using the codes given below:
Codes:
(a) 1 and 2
(b) I and 3
(c) 1, 2 and 3
(d) 2 and 3
Q.2. Ownership to patents, copyright and trademarks are the right to an easement is called_______?
(a) incorporeal ownership
(b) corporeal ownership
(c) equitable ownership
(d) contingent ownership
Q.3. A soldier found a brooch in a house which was compulsorily acquired by the Government for law purpose. The owner of the house had never gone into physical occupation of the house before it was requisitioned for the army. The person legally entitled to the brooch is ___________?
(a) the government
(b) the owner of the house
(c) the soldier
(d) none of the above
Q.4.The meaning of the term “mediate possession” is __________?
(a) possession acquired through an agent.
(b) title of the right and not the right itself
(c) voluntary requirement of possession
(d) continuous claim to a thing
Q.5. Kelsen’s theory of law is called a pure theory because of Kelsey :
(a) purely discussed jurisprudence only
(b) defined law in accordance with morality and purity
(c) separated law from religion, ethics, sociology and history
(d) discussed law purely in terms of justice
Q.6. “Law as such is found and not made. It is to be found in popular faith, common convictions, customs, traits, habits, traditions which in course of time grow into legal rules”.
This concept of law was propounded by ___________?
(a) Thibaut
(b) Henry Maine
(c) Savigny
(d) Salmond
Q.7. The most important instrument of legal reform is_____________?
(a) legislation
(b) custom
(c) precedent
(d) writing of legal experts
Q.8. Which of the following requisites are necessary to be fulfilled for a custom to be a valid source of law?
1. Antiquity, certainty and consistency
2. Specifically, spontaneity, efficacy
3. Continuity, antiquity and conformity to statute law
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 3
(b) 1 and 2
(c) 2 and 3
(d) 1 and 3
Q.9. Delegated legislation means:
(a) laws made by state legislature
(b) laws declared by the Judges in judicial decisions
(c) administrative adjudication
(d) rules, bye-laws and regulations made by virtue of statutory powers
Q.10. Which of the following are subordinate legislations?
1. Parliamentary legislation
2. Colonial legislation
3. Judicial legislation
4. Executive legislation
Select the correct answer using the codes given below:
Codes:
(a) 2, 3 and 4
(b) 1, 2 and 3
(c) 1, 2 and 4
(d) 1, 3 and 4
Answers with Explanations
1.Correct Answer: D
Explanation- There are many kinds of ownership. Some are given below:
Corporeal and incorporeal ownership
Sole ownership and co-ownership
Legal and equitable ownership
Vested and contingent ownership
Trust and beneficial ownership
Co-ownership and joint ownership
Absolute and limited ownership
Trust and contract
Trust and agency
Hence Option D is correct.
2.Correct Answer: A
Explanation- An incorporeal ownership is the ownership of a right. Corporeal ownership is the ownership of a material object.
Ownership ship of a house, a table or a machine is corporeal, ownership.
Ownership of a copyright, a patent or a trademark incorporeal ownership. Hence Option A is correct.
3.Correct Answer: C
Explanation- The problem is similar to the facts of the case of Hannah V. Peel. It was held that the defendant was never in the possession of the house and had no knowledge of the brooch until it was brought to his notice. The plaintiff was entitled to the brooch or its value since his claim as finder prevailed overall but the rightful owner. Hence Option C is correct.
4.Correct Answer: A
Explanation- Mediate possession is also known as indirect possession. Immediate possession is known as direct possession, If the relation between the possessor and the thing possessed is a direct one, it is a case of immediate possession. When the relation is through the intervention or agency of some other person, it is called mediate possession. Hence Option A is correct.
5.Correct Answer: C
Explanation- According to Kelsen, a theory of law must deal with the law as it is and not with law as it ought to be. The view of Kelsen is that a theory of law must be distinguished from the law itself. Hence Option C is correct.
6.Correct Answer: C
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.” Hence Option C is correct.
7.Correct Answer: A
Explanation- Legislation is not only a source of the new law but also the most effective instrument of abolishing the existing law. Abrogative power is necessary for legal reform and this virtue is not possessed by precedent which can produce new law but cannot reverse that which is already law. Hence Option A is correct.
8.Correct Answer: D
Explanation- Followings are the requisites of a valid custom. 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.
9.Correct Answer: D
Explanation- In certain cases, the executive power of making rules is delegated to the various departments of the government. This is called ‘delegated legislation.
There is no restriction regarding the extent up to which supreme legislation can delegate its powers, however, supreme legislation cannot be allowed to delegate its “essential legislative function.” However, authority bestowed with delegated power cannot act arbitrarily and is subject to parliamentary and judicial control. Hence Option D is correct.
10.Correct Answer: B
Explanation- Salmond refers to five kinds of legislation. They are:
Colonial legislation
Judicial legislation
Municipal legislation
Autonomic legislation
Delegated legislation
Hence Option B is correct.