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1. Which one of the following statements relating to a valid custom is a FALSE statement?
(a) It must have antiquity
(b) It must have been enjoyed peacefully
(c) It must be judicially recognised
(d) It must have certainty and uniformity
2. According to Salmond, supreme legislation refers to____________?
(a) colonial legislation
(b) executive legislation
(c) judicial legislation
(d) law made by the Parliament
3. A decision of Privy Council given before 1949 is ___________?
(a) binding on the High Courts unless they have been overruled by the Federal Court or the Supreme Court.
(b) having only persuasive value on the High Courts
(c) binding only when the case was decided by two or more judges
(d) binding only when recognised by Supreme Court.
Q.4. ‘A’ owes to ‘B’ rupees five hundred which has become time-barred. B’s claim to rupees five hundred is _________________?
(a) in the nature of an imperfect legal right
(b) in the nature of a perfect legal right
(c) in the nature of only a moral right
(d) no right at all
5. In which one of the following cases has the Court applied the doctrine of “lifting the veil” to determine the distinct personality of a corporation?
(a) Salomon v. Salomon and Co. Ltd.
(b) Johnson v. Kennedy
(c) Moors v. Burke
(d) Young v. Hitchens
6. Assertion (A): Custom to have the force of law must be immemorial.
Reason (R): Custom represents the common consciousness of the 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
7. The statement “There is no distinction between public and private law” is attributed to_____?
(a) Comte (b) Spencer
(c) Duguit (d) Ehrlich
8. According to the theory of ‘social utilitarianism’ as propounded by Ihering:
(a) the greatest number of people should get the greatest pleasure
(b) the essential body of legal rules is always based upon the social “facts” of law
(c) a balance is to be struck between the competing interests in society
(d) law is a means to social ends
9. Who among the following put international law under positive morality along with the law of honour and the law of fashion?
(a) Austin (b) Allen
(c) Salmond (d) Savigny
10. In the modern state, the best source of law is_____________?
(a) convention
(b) custom
(c) legislation
(d) precedents
Answers with Explanations
1.Correct Answer: C
Explanation- Requisites of a valid custom are given below:
It must be immemorial.
It must be reasonable.
The enjoyment of a custom must be a peaceable one.
It must be certain and definite.
Its observance must be compulsory.
It must be general or universal.
It must not be opposed to public policy or the principles of morality.
It must not conflict with the statute law of the country. Thus, to be judicially recognised is not an essential element of a valid custom, and to be a source of law or judicially recognised a custom must satisfy all the given conditions. Hence Option C is correct.
2.Correct Answer: D
Explanation- According to Salmond, legislation is either supreme or subordinate. Supreme legislation is that which proceeds from the sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority.
The Parliament of India possesses the power of supreme legislation.
Subordinate legislation is that which proceeds from any authority other than the sovereign power. Hence Option D is correct.
3.Correct Answer: B
Explanation- Foreign Judgement are considered persuasive precedents. They do not have binding force on High Courts and Supreme Court of India but these are treated with the greatest respect and rejoice if the Courts agree with them. Hence Option B is correct.
4.Correct Answer: A
Explanation- According to Salmond, a perfect right corresponds to a perfect duty. A perfect duty is one that is not merely recognized by law but also enforced by law. There are some rights that, though recognised by law are not of perfect nature. Those rights are called imperfect rights. Thus, a claim barred by the lapse of time is an imperfect right. The law of limitation does not destroy a right but merely provides that the right cannot be enforced, through the agency of law. Hence Option A is correct.
5.Correct Answer: A
Explanation- In [Salomon v. Salomon and Co. Ltd. (1987) Ac 22 was held that a company formed and registered under the Companies Act has a separate legal existence entire different and independent from its members. Hence Option A is correct.
6.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are true but ‘R’ is not a correct explanation of ‘A’ because:
A custom to be valid must indeed be proved to immemorial. It is one of the requisites of a valid custom. While “custom is derived from the common consciousness of the people”, is the view of Savigny at custom. Savigny gives it the name of Volkgeist. Hence Option B is correct.
7.Correct Answer: C
Explanation- Duguit was a professor of Constitutional law at the University of Bordeaux. He has criticized the class idea of sovereignty, law as a command and nature of the state. He has given a new approach to law, society Slate. He propounded the principle of social solidarity, Duguit was opposed to all doctrines which assert the real personality of the state. His view was that there was no distinction between public and private law. All law is only a means of serving the end of social solidarity. All law is of the same nature and must be judged by the same criterion. The attempt to distinguish between private and public law is merely a pretext to elevate the state above the rest of society, and hence must be given up. Hence Option C is correct.
8.Correct Answer: D
Explanation- lhering [1818-1892] has been described as “Father of Modern Sociological Jurisprudence”. He published four volumes of a work called “The spirit of Roman Law”. His major work was ” Law as Means to an End”. He felt that the dominant notion to be found in the exercise of human will was that of purpose. According to him, Law is only a part of human conduct, and the dominant character of law is its purpose. Law is only an instrument for serving the needs of society. Law is only one means of social control. Hence Option D is correct.
9.Correct Answer: A
Explanation- Austin said that international law cannot be called law proper in the true sense, because it has neither sovereign legislative authority to enact law nor there is an adequate sanction behind it. Moreover, no enforcement agency can enforce it as a body of rules. The rules commonly called international law, are in fact the rules of ‘positive morality, the rules are analogous to the rules binding a club or society. International law is a code of conduct with moral force and nothing more. It consists of ‘opinions or sentiments current among nations generally’. Hence Option A is correct.
10.Correct Answer: C
Explanation- In the modern state, the best source of law is legislation because legislation is the latest development of law-making tendency. Legislation is the mark of an advanced society and a mature legal system. Legislation is complete, precise and easily accessible, but the same cannot be said about customary law Statute law is the principal source of modern law. Hence Option C is correct.