JURISPRUDENCE MCQ Part-1

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1. Consider the following statements
All-natural persons are legal persons.
All legal persons are treated as natural persons
All business associations are legal persons.
Of the above statements:

(a)    1, 2 and 3 are correct

(b)   1 and 2 are correct

(c)    2 and 3 are correct

(d)   1 alone is correct

 

2. Which of the following could be considered to be advantages of legislation over precedent?

Abrogative power

Foreknowledge

Prospective application

Systematic arrangement

Select the correct answer using the codes given below:

Codes:

(a) 1, 2, 3 and 4                 (b) 2 and 3

(c) 1, 2 and 4                      (d) 1,2 and 3

 

3. The statement “equitable ownership of a legal right is different from the ownership of an equitable right” shows that law and equity differ concerning__________?

(a) only the existence of rights

(b) only the ownership of rights

(c) both existence and ownership of rights

(d) the existence of a right but not regarding the consistency of a right

 

4. ‘A’ conveys land to ‘B’ for life and thereafter to ‘C’ absolutely. This is an example of ________?

(a) sole ownership and co-ownership

(b) trust and beneficial ownership

(c) legal and equitable ownership

(d) fragmentation of ownership in respect of time

 

5. While digging the foundation of a building the labourers found a bronze statue belonging to the pre-Christian era. The possession of the statue is claimed by the owner of the land. Which one of the following could be an appropriate ground for the claim of the land-owner?

(a) The labourers are employees of the owner-working under his control

(b) The owner has the corpus of the land and has the right to indefinite

(c) The owner has the right to exclude all others from control over the statute and has, therefore, a priority recognized by law

(d) The owner is assumed to have intended to control all that which lies under the piece of land he owns

 

6. Salmond enumerates five characteristics of legal rights. Four such characteristics are

1. Subject of right.  2. Object of right

3. Content of right  4. Title of right

The fifth characteristic is_______?

(a) Property in respect of which right is claimed

(b) Act of omission required by the right

(c) The legal reason for the existence of the rights

(d) The subject of the corresponding duty

 

7. Out of the following jurists whose theory of law has earned the name of natural law with a variable content’?

(a) St. T. Aquinas                  (b) John Locke

(c) R. Stammler                     (d) J. Rawls

 

8. The Supreme Court of India in A.K. Gopalan v. State of Madras decided that the expression ‘procedure established by law’ in Article 21 of the Constitution means any procedure prescribed by law irrespective of its reasonableness or otherwise. This decision belongs to the school of______?

(a) positivist approach                         (b) naturalist approach

(c) historical approach                         (d) sociological approach

 

9. Which one of the following statements correctly conveys Fuller’s theory of inner morality of law?

(a) Every piece of law, in order to be valid, must fulfil, certain procedural requirements like a generality, prospectivety promulgation, intelligibility and consistency

(b) The contents of every law, in order to be valid must be of a minimum moral standard

(c)    The question of the morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it

(d) The question of the morality of law is not for the courts to determine.

 

10. Opinion of jurists is _______________?

(a)    the general source of law

(b)   historical material source of law

(c)    legal material source of law

(d)   not a source of law

 

 

Answers with Explanations

1.Correct Answer: C

Explanation- There are two kinds of persons recognized by law. Those are natural persons and legal persons. Natural persons are living human-being recognized as persons by the State. Legal persons are real or imaginary beings to whom personality is attributed by law, by way of fiction where not exists in fact. Hence Option C is correct.

 

2.Correct Answer: A

Explanation- Legislation as a source of law has many advantages over precedent. Some are given below.

Legislation is both constitutive and abrogative. The legislation enjoys the advantage of efficiency. The legislation satisfies the requirement of natural justice that laws should be known before they are enforced. Legislation can move at once to fill up the vacancy or settle a doubt in the legal system. Legislation is superior in the form of precedent. Legislation is clear, brief easily accessible and knowable. Hence Option A is correct.

 

3.Correct Answer: C

Explanation- Legal ownership is that which has its origin in the rules of common law and equitable ownership is that which proceeds from the rules of equity. The rights recognised and protected by the common law courts were called legal rights and the rights recognised and protected by the equity courts were called equitable rights. Hence Option is C correct.

 

4.Correct Answer: C

Explanation- Life interest is an example of equitable interest. Formerly, it could exist both as a legal and as an equitable estate. Now it may exist as an equitable interest only. Hence Option C is correct.

 

5.Correct Answer: D

Explanation- This problem is similar to the facts of the case of Elvas v. Brig Gas Co. It was held in this case that the lessor has first possession of the boat and not the lessee. The owner is assumed to have intended to control all that which lies under the piece of land he owned. Hence Option D is correct.

 

6.Correct Answer: D

Explanation- According to Salmond every legal right has five essential elements which are following:

There must be a person in whom the legal right is vested and who can be distinguished as the owner of the right, the subject of it or the person entitled.

There must be a person against whom the right avails and upon whom the correlative duty lies.

He may be distinguished as the person bound or as the subject of the duty.

There is an act or omission which is obligatory on a person bound in the fervour of the person entitled This can be called the content of the right.

There must be something to which the act or omission relates and which may be termed the object or subject matter of the right. Hence Option D is correct.

 

7.Correct Answer: C

Explanation- According to Stammler Law is volition. Law is not concerned with the perception of the external physical world. It relates means and purposes to each other, Law is the universally valid element common to all legal phenomena whatever their content. According to Stammler, the law is the first of all volition because the law is a mode of ordering human acts according to the relation of means and purposes. Hence Option C is correct.

 

8.Correct Answer: A

Explanation- This decision belongs to the school of positivist approach because they consider the law ‘as, “it is, not as it ought to be” Hence Option A is correct.

 

9.Correct Answer: A

Explanation- Professor Fuller’s work entitled “The morality of Law” provides us with the notable example of the attention which may be paid to the form or the formal structure of laws so that they may be judged good, bad or indifferent. Professor Fuller is of the view that there is an “inner morality” of law without which undesirable and even iniquitous results may be produced This “inner morality” takes the form of certain principles of the making and promulgation of laws. They are given below:

To be good and worthwhile law should be of general application and properly promulgated.

Laws should be prospective.

Meaning of Laws should be readily comprehensible.

Laws must be consistent.

Laws should be constant.

Predictability in the administration of laws. Hence Option A is correct.

 

10.Correct Answer: B

Explanation- According to Salmond, there is a formal and material source of law.

A formal source is that from which a rule of law derives its force and validity.

It is that from which the authority of law proceeds.

The material sources of law are those from which is derived the matter and not the validity of the law.

The material source of law can be divided into two parts; legal and historical

Legal sources of law are those sources which are recognised as such by the law itself

Historical sources of law are those sources which are such in fact but are nevertheless destitute of legal recognition. Hence Option B is correct.