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Q.1. 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
Q.2. Assertion (A) : Austinian theory of law does not properly explain constitutional law, customary law and judicial precedents.
Reason (R) : Constitutional law, customary law and judicial precedents do not share the same pedigree as statutory law.
(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.3. Assertion (A) A legal right is essential to constitute right.
Reason (R) : An element of advantage is essential to constitute right.
(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. According to professor Goodhart a radio decidendi of a case is_____________?
(a) the principle of law laid down in a decision which is the decisive element.
(b) the conclusion reached by the judge on the basis of material facts of the case
(c) the reason given by the court for its decision
(d) any opinion of the court on a question of law
Q.5. A claim barred by lapse of time (e.g., a debt barred by: law of limitation is __________?
(a) an imperfect right
(b) a negative right
(c) a personal right
(d) a contigent right
Q.6. In law, there is a fiction that a child, en ventre sa mer is ‘a person in being for the purpose of______________?
(a) punishment for abortion
(b) acquisition of property
(c) creation of partnership
(d) claiming compensation of Torts
Q.7. ‘A’ person is any being whom the law regards as capable of rights or duties’ according to_______?
(a) lhering
(b) Alexander Nekam
(c) Stone
(d) Salmond
Q.8. Ownership of a business is ___________?
(a) corporeal ownership
(b) limited ownership
(c) beneficial ownership
(d) incorporeal ownership
Q.9. Which one of the following get along correctly?
(a) Trust and co-ownership
(b) Legal and contingent ownership
(c) Sole and limited ownership
(d) Legal and equitable ownership
Q.10. In Bridges v. Hawkesworth, the finder was allowed to keep the good on the ground that:
(a) the owner of the shop was not traceable
(b) the owner of the shop was not aware of the fact that the item was in his shop
(c) the item was found in an area where public is admitted and the finder was one among them
(d) if given to the owner. it would amount to unjust enrichment.
Answers with Explanations
1.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.
2.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ is the correct explanation of ‘A’. According to Austin, there can be no law without a legislative act. His view was that typical law is statute and legislation is the normal process of law making, He did not approve precedent and custom as a source of law. Hence Option A is correct.
3.Correct Answer: C
Explanation- ‘A’ is true but ‘R’ is false. A is true because according to Ihering a legal right is a legally protected interest. He put stress on the materials elements of interest. The basis of right is not will but interest. ‘R’ is false because advantage is not an essential element of right. Hence Option C is correct.
4.Correct Answer: B
Explanation- The view of Goodhart is that ratio decidendi is nothing more than the decision based on the material facts of the case. There are certain rules by which the materials fact can be discovered. Hence Option B is correct.
5.Correct Answer: A
Explanation- In all fully developed legal systems, there are rights and duties which, though recognized by law, are not of perfect nature. Those rights are called imperfect rights, Claim barred by lapse of time is an imperfect right. Hence Option A is correct.
6.Correct Answer: B
Explanation-Unborn persons have legal personality. They are entitle to own property even before their birth. A person allowed by law to transfer his property by will to an unborn person. A child in the womb of the mother regarded as already is existence. Hence Option B is correct.
7.Correct Answer: D
Explanation- According to Salmond, “So far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person, whether a human being or not and no being that is not so capable is a person even though he be a man. Hence Option D is correct.
8.Correct Answer: D
Explanation- Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a right. Ownership of a patent or a trade mark, copyright is at an incorporeal ownership. Hence Option D is correct.
9.Correct Answer: D
Explanation- There are many kinds of ownership. Some are given below:
Corporeal and incorporeal ownership
Sole and co-ownership
Legal and equitable ownership
Vested and contingent ownership
Hence Option D is correct.
10.Correct Answer: C
Explanation- In Bridges v. Hakesworth, the plaintiff found a bundle of bank notes on the floor of a shop. The notes had been dropped there by a stranger by accident. The party who lost them could not be found It was held that the plaintiff as the finder had property in the notes as against everyone but the true owner. Hence Option C is correct.