LEGAL QUESTIONS:
Q.1. ‘Acquisition of res nullius’ is:
(a) original acquisition of ownership
(b) derivative acquisition of ownership
(c) mere custody of the thing
(d) accessory acquisition of ownership
Ans. (a)
Q.2. The cancellation of the driving license of a person is an example of:
(a) expiratory theory
(b) preventive theory
(c) reformative theory
(d) deterrent theory
Ans. (b)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare 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): For legal duty, sanction is an essential element attached for its breach.
Reason (R): Presence of sanction is the test of legal duty.
Ans. (a)
Q.4. Which one of the following statements is related to Salmond ?
(a) Jurisprudence is lawyer’s perspective
(b) Jurisprudence is formal science of positive law
(c) Jurisprudence is science of the first principle of civil law
(d) Jurisprudence is the scientific synthesis of’ all principles of law
Ans. (c)
Q.5. According to Austin, sanction is:
(a) the permission to do an act
(b) the evil consequence of disobeying the command of the sovereign
(c) a right granted by law
(d) a power to inflict punishment
Ans. (b)
Q.6. Match List-I (Jurists) with List-II (Definitions) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (Definitions)
A. Ulpian 1.Lawyer’s extra version
B. Julius Stone 2. Science of just and unjust.
C. Patterson 3.Philosophy of positive law
D. Austin 4. Social Science
Codes:
A B C D
(a) 4 3 2 1
(b) 2 1 4 3
(c) 4 1 2 3
(d) 2 3 4 1
Ans. (b)
Q.7. Consider the following statements:
(a) Laws are commands.
(b) The analysis of legal concept is distinct from sociological and historical inquiries.
(c) Decisions can be deducted logically with recourse to morality
(d) The law as it is has to be kept separate from the law and ought to be.
Which of the statements given above are related to positivism?
(a) 1, 2 and 4
(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 1 and 4
Ans. (a)
Q.8. Which one of the following statements is not related is the Natural Law School?
(a) Evaluation of any part of the law must be done in terms of its effects
(b) There is a connection between means and ends
(c) Justice originates in pure practical reason
(d) Law consists of means of achieving ends
Ans. (a)
Q.9. Ratio decidendi of a case is which one of the following?
(a) The order of the court in the case
(b) The final decree passed by the Court
(c) The underlying principle or legal reasons on which the result of the case depends
(d) The part of the judgment which has persuasive effect
Ans. (c)
Q.10. Match List-I with List-II and select the correct answer using the codes given below the Lists:
List-I List-II
A. Savigny 1.Evolutionary concept of history
B. Hegel 2.Evolution . with laissez-fair
C. Herbert Spenser 3.Status to contract
D. Henry Maine 4.Reflection of spirit of people in legal system
Codes:
A B C D
(a) 3 2 1 4
(b) 4 1 2 3
(c) 3 1 2 4
(d) 4 2 1 3
Ans. (d)
Q.11. Consider the following statements:
1. Law is not made, but is already available in the soul of human beings
2. The nature of legal system is a reflection of spirit of the people
3. Law grows with the growth and strength with the strength of the people
4. Customary law dies when law is codified
Which of the statements given above are related to the “Volksgeist” theory propagated by Savigny?
(a) l, 2 and 3
(b) 2, 3 and 4
(c) l, 3 and 4
(d) l and 4
Ans. (b)
Q.12. Match List (Statement) with List-II (Author) and select the correct answer using the codes given below the Lists:
List-I List-II
(Statement) (Author)
A. Sociological School is ‘metajuristic’ 1.Julius Stone
B. Formal analysis of the structure of English law 2.Bentham
C. Jurisprudence is lawyer’s extra version 3.Austin
D. Distinguishes between expositional and censorial law 4.Kelsen
Code:
A B C D
(a) 4 2 1 3
(b) 1 3 4 2
(c) 4 3 1 2
(d) 1 2 4 3
Ans.(c)
Q.13. Consider the following statements:
1. The outstanding fact of the society is the interdependence of men
2. The doctrine of sovereignty has become meaningless
3. Laws should be treated from the angle of purpose
4; The only right which any man can possess is the right always to do his duty
Which of the statements given above can be subscribed to Duguit?
(a) 2 and 3
(b) 1 and 4
(c) 1, 2 and 3
(d) 1, 2 and 4
Ans. (d)
Q.14. Which one of the following rights is a right in re-propia.?
(a) Easement
(b) License
(c) Lessee’s right
(d) Ownership
Ans.(d)
Q.15. Legislation grows out of theory but customary law grows of practice. The existence of legislation is essential which one of the following?
(a) de facto
(b) de jure
(c) Both de facto and de jure
(d) Dependent on recognition
Ans. (b)
Q.16. Match List-I (Jurists) with List-Il (Theory) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (Theory)
A. Ihering 1. Social solidarity
B. Bentham 2. Social engineering
C. Roscoe Pound 3. Social control
D. Duguit 4. Pleasure pain
Codes:
A B C D
(a) 3 1 2 4
(b) 2 4 3 1
(c) 3 4 2 1
(d) 2 1 3 4
Ans. (c)
Ans. (c)
Q.17. For a valid custom, there are certain prerequisites.
Which one out of the following conditions of a valid custom is not correct?
(a) Custom must be continuous
(b) Custom must be reasonable
(c) Custom might be contrary to statutory law
(d) Custom must not be immoral
Ans. (c)
Q.18. Consider the following statements:
1. Human being alone can be subjects of jural relations.
2. The members of a corporation and the beneficiaries of a foundation are the only ‘person’.
3. Juristic persons are treated as if they are human beings.
4. The dignity of being a juristic person has to be conceded by the state.
Which of the statements given above is/are related to
the purpose theory?
(a) 4 only
(b) 2 and 3
(c) 1 and 4
(d) 1 only
Ans. (d)
Q.19. A tenant went to jail for two years leaving his mistress in occupation. The mistress also left after sometime. The tenant claimed that he remained in possession.
Consider the following statements:
1. The tenant remained in possession as he had left his mistress in occupation.
2. The tenant did not remain in possession as he has gone to jail for two years.
3. The tenant was being unfair and as such he did not remain in possession.
4. The tenant remained in possession as he has been fair
Which one of statements given above is/are correct?
(a) 2 and 3
(b) 1 and 3
(c) 1 only
(d) 4 only
Ans. (c)
Q.20. X allows Y to put his goods in a room of X’s house. Y sends his agent Z to put the goods in the room. Z puts the goods in the room, locks it up and keeps the key with him. Who is in possession of the room?
(a) X
(b) Y
(c) Z
(d) Both X and Z
Ans. (b)
Q.21. Which of the following is an element of Ihering theory of possession?
(a) Overemphasis on the element of animus
(b) Equal emphasis on the elements of animus and corpus
(c) Owner like appearance in relation to a thing
(d) Immediate physical power to exclude any foreign agency.
Ans. (c)
Q.22. Ownership without possession can be termed as which
one of the following?
(a) No ownership
(b) Quasi ownership
(c) Incomplete ownership
(d) No-corporeal ownership
Ans. (d)
Q.23. Which one out of the following statements is not correct with reference to Savigny’s theory of Volksgeist?
(a) Law cannot be universal or general in character
(b) Law is found and not made
(c) Law grows with the growth and strengthens with the strength of people
(d) Law is an instrument of social change and social reform
Ans. (d)
Q.24. Who among the following propounded the theory of possession which lays stress not on animus, but on de facto control?
(a) Salmond
(b) Pollock
(b) Pollock
(c) Holmes
(d) Jhering
Ans. (b)
Q.25. ‘A’ borrowed a sum of Rs. 5,000/- from ‘B’, which he did not repay for a period of three years. Now which
one of the following rights does ‘B’ have against ‘A’?
(a) Perfect right
(b) Imperfect right
(c) Proprietary right
(d) None of the above
Ans. (b)
Q.26. What do Rights in re-aliena mean ?
(a) Rights in the things of others
(b) Rights in one’s own things
(c) Rights relating to property
(d) Rights to receive damages
Ans. (a)
Q.27. Match List-I with List-II and select the correct answer from the codes given below the List:
List-I List-Il
A. Supreme Legislation 1.Law based on discretion of the authority
B. Executive Legislation 2. Law enacted by authority other than legislature
C. Debated Legislation 3. Law enacted by the legislation
D. Conditional Legislation 4. Ordinance issued by the resident/Governor Law
made by judges with the case
Codes:
A B C D
(a) 3 4 2 1
(b) 2 1 5 4
(c) 3 1 2 4
(d) 2 4 5 1
Ans. (a)
Q.28. Who among the following divided the sources of law into formal sources and material sources?
(a) Allen
(b) Keeton
(c) Salmond
(d) Gray
Ans. (c)
Q.29. Why is the expiatory theory of punishment obsolete now?
(a) It does not empower the State to impose punish
(b) It is incapable to reform the wrong doer
(c) It is based on moral doctrines
(d) It enlarges the limits of jurisprudence
Ans. (c)
Q.30. Eugen Ehrlich is a well known Jurist of sociological school of jurisprudence. Which one of the following statements may not be attributed to the theory propounded by him?
(a) Law is derived from social facts
(b) Law depends on social compulsion
(c) There is a ‘living law’ underlying the formal rule of the legal system
(d) State law has significant influence on shaping and development of living law
Ans. (d)
Q.31. Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom?
(a) Duguit
(b) Roscoe Pound
(c) Savigny
(d) Jhering.
Ans. (b)
Q.32. Which of the following factors are responsible for the resurgence in favour of natural law thinking in the twentieth century ?
1. The decline in social and economic stability in the twentieth century
2. The expansion in government activity
3. Growth of weapons of destruction and policies of. genocide
4. Growing inclination of people towards religion
Select the correct answer using the codes given below:
(a) 2, 3 and 4
(b) 3 and 4
(c) 1, 2 and 6
(d) 1 and 4
Ans. (c)
Q.33.Match List-I (Jurists) with List-II (View About Law/Jurisprudence) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (View About Law/Jurisprudence)
A. Bentham 1. Concept of law
B. Austin 2. Pure theory of law
C. Kelsen 3. Limits of jurisprudence defined
D. Hart 4. Province of jurisprudence determined
5. Concept of living law
Codes:
A B C D
(a) 1 2 5 3
(b) 3 4 2 1
(c) 1 4 2 3
(d) 3 2 5 1
Ans. (b)
Q.34. There is a clear cut division between the spheres of the legislature and the judiciary. The former makes the laws and the latter applies them. Which one of the following propounds this doctrine ?
(a) Analytical jurisprudence
(b) Historical jurisprudence
(c) Sociological jurisprudence
(d) Philosophical jurisprudence
Ans.(a)
Q.35. It is said that the next step forward in the long path of man’s progress must be from jurisprudence to jurimetrics. In this context, what does jurimetrics signify?
1. Speculation about law
2. Scientific investigation of legal problems
3. Increasing awareness of the fruits of interdisciplinary co-operation
4. Relationship between law, economy and society
Select the correct answer using the codes given
below:
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1,3and4
(d) 1, 2and 4
Ans.(b)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare 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.36. Assertion (A) : Austin does speak of the science of law
Reason (R) : Science of law and philosophy of positive law are synonymous to him.
Ans. (c)
Q.37. The Constitution of India is federal in character because
(a) the Head of the State (the President) is elected by an electoral college cOnsisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States
(b) the Governors of States are appointed by the President and they hold office during the pleasure of the President
(c) there is distribution of power between the Union and the States
(d) the amendment of the Constitution can be made only by following the procedure laid down in the Constitution and in some cases the amendment requires ratification by Legislatures of the States
Ans. (c)
Q.38. Consider the following judgments delivered by the Supreme Court of India in:
1. Keshvananda Bharati v. State of Kerala
2. Re Berubari
3. Excel Weary. Union of India
The correct chronological sequence of the above judgments is:
(a) 1, 3, 2
(b) l, 2, 3
(c) 3, 1, 2
(d) 2, 1, 3
Ans. (d)
Q.39. After which one of the following Supreme Court decisions was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution?
(a) Balaji v. State of Mysore
(b) State of Madras v. Champakam Dorairajan
(c) Devadasan v. Union of India
(d) Periakaruppan v.State of Tamil Nadu.
Ans. (b)
Q.40. An Electricity Board terminated the Services of certain employees arbitrarily without giving notice. Which one of the following alternative remedies can be best adopted by the concerned employees?
(a) The employees can move the High Court by a writ as Electricity Board is included within the definition of State.
(b) The employees can make an appeal to the State Government.
(c) The employees can move the High Court after getting the permission of Electricity Board only.
(d) The employees can directly approach the Supreme Court for violation of a fundamental right
Ans. (a)
Q.41. Which one of the following is NOT ‘State’ for the purpose of Article 1.2 of the Constitution?
(a) National Council of Educational Research and Training (NCERT)
(b) A nationalized bank
(c) Institute of Medical Education and Research Chandigarh
(d) Grih Katyan Kendra
Ans. (a)
Q.42. Under the Indian Constitution, which one of the following is NOT a specific ground on which the State can place restrictions on freedom of religion?
(a) Public order
(b) Morality
(c) Social Justice
(d) Health
Ans. (c)
Q.43 .Which of the following statements are true with regard to the Fundamental Right of the minorities in educational matters?
1. The minority has only the right to administer the educational institutions.
2. The . minority has the right to. establish and administer educational institutions.
3. The right is absolute and not subject to any restriction.
4. Reasonable restrictions may be imposed to promote efficiency and prevent maladministration.
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 3
(b) 2 and 4
(c) 2, 3 and 4
(d) 1 and 3
Ans. (b)
Q.44. Arrange the following decision of the Supreme Court on Fundamental Right relating to personal liberty in the correct chronological sequence:
1. Menaka Gandhi v. Union of India
2. A.D.M. Jabalpur v. Shiva Kant Shukla
3. A.K.Gopalan v. State of Madras
Select the correct answer using the codes given below:
Codes:
(a) 3, 2, 1
(b) 2, 1, 3
(c) 2,3, l
(d) 1, 2, 3
Ans. (a)
Q.45. Fundamental duties have been add in the Constitution by 42nd Amendment Act, 1976 in accordance with the recommendations of:
(a) Santhannam Committee
(b) Sarkaria Committee
(c) Swaran Singh Committee
(d) Indira Gandhi-Nehru Committee
Ans. (c)
Q.46. “Provisions relating to fundamental duties cannot be enforced by writs. They can be only promoted by constitutional methods. But they can be used for interpreting ambiguous statutes.”
In which one of the following cases was the aforesaid principle enunciated?
(a) Moti Lal v. State of U.P.
(b) Civil Rights Committee v. Union of India
(c) Head Masters v. Union of India
(d) Magan Bhai v. Union of India
Ans. (c)
Q.47. Who among the following holds his/her office at the pleasure of the President?
(a) Chairman of the Union Public Service Commission
(b) Attorney General of India
(c) Speaker of the Lok Sabha
(d) Comptroller and Auditor General of India
Ans. (b)
Q.48. In the event of occurrence of vacancies in the offices of both, the President and the Vice-President of India, who among the following shall discharge the functions of the President till a new President is elected?
(a) Speaker of the Lok Sabha
(b) Leader of the majority party in the Lok Sabha
(c) Chief Justice of India
(d) Senior-most Governor.
Ans. (c)
Q.49. The executive power of the Union is vested in the:
(a) Union Cabinet
(b) President of India
(c) Prime Minister
(d) Union Council of Ministers
Ans. (b)
Q.50. Who among the following can establish additional courts for better administration of any existing law with respect to a matter concerned in the Union List?
(a) Chief Justice of India
(b) High Court of the concerned State
(c) Parliament
(d) Concerned State Legislature
Ans. (c)
Q.1. ‘Acquisition of res nullius’ is:
(a) original acquisition of ownership
(b) derivative acquisition of ownership
(c) mere custody of the thing
(d) accessory acquisition of ownership
Ans. (a)
Q.2. The cancellation of the driving license of a person is an example of:
(a) expiratory theory
(b) preventive theory
(c) reformative theory
(d) deterrent theory
Ans. (b)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare 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): For legal duty, sanction is an essential element attached for its breach.
Reason (R): Presence of sanction is the test of legal duty.
Ans. (a)
Q.4. Which one of the following statements is related to Salmond ?
(a) Jurisprudence is lawyer’s perspective
(b) Jurisprudence is formal science of positive law
(c) Jurisprudence is science of the first principle of civil law
(d) Jurisprudence is the scientific synthesis of’ all principles of law
Ans. (c)
Q.5. According to Austin, sanction is:
(a) the permission to do an act
(b) the evil consequence of disobeying the command of the sovereign
(c) a right granted by law
(d) a power to inflict punishment
Ans. (b)
Q.6. Match List-I (Jurists) with List-II (Definitions) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (Definitions)
A. Ulpian 1.Lawyer’s extra version
B. Julius Stone 2. Science of just and unjust.
C. Patterson 3.Philosophy of positive law
D. Austin 4. Social Science
Codes:
A B C D
(a) 4 3 2 1
(b) 2 1 4 3
(c) 4 1 2 3
(d) 2 3 4 1
Ans. (b)
Q.7. Consider the following statements:
(a) Laws are commands.
(b) The analysis of legal concept is distinct from sociological and historical inquiries.
(c) Decisions can be deducted logically with recourse to morality
(d) The law as it is has to be kept separate from the law and ought to be.
Which of the statements given above are related to positivism?
(a) 1, 2 and 4
(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 1 and 4
Ans. (a)
Q.8. Which one of the following statements is not related is the Natural Law School?
(a) Evaluation of any part of the law must be done in terms of its effects
(b) There is a connection between means and ends
(c) Justice originates in pure practical reason
(d) Law consists of means of achieving ends
Ans. (a)
Q.9. Ratio decidendi of a case is which one of the following?
(a) The order of the court in the case
(b) The final decree passed by the Court
(c) The underlying principle or legal reasons on which the result of the case depends
(d) The part of the judgment which has persuasive effect
Ans. (c)
Q.10. Match List-I with List-II and select the correct answer using the codes given below the Lists:
List-I List-II
A. Savigny 1.Evolutionary concept of history
B. Hegel 2.Evolution . with laissez-fair
C. Herbert Spenser 3.Status to contract
D. Henry Maine 4.Reflection of spirit of people in legal system
Codes:
A B C D
(a) 3 2 1 4
(b) 4 1 2 3
(c) 3 1 2 4
(d) 4 2 1 3
Ans. (d)
Q.11. Consider the following statements:
1. Law is not made, but is already available in the soul of human beings
2. The nature of legal system is a reflection of spirit of the people
3. Law grows with the growth and strength with the strength of the people
4. Customary law dies when law is codified
Which of the statements given above are related to the “Volksgeist” theory propagated by Savigny?
(a) l, 2 and 3
(b) 2, 3 and 4
(c) l, 3 and 4
(d) l and 4
Ans. (b)
Q.12. Match List (Statement) with List-II (Author) and select the correct answer using the codes given below the Lists:
List-I List-II
(Statement) (Author)
A. Sociological School is ‘metajuristic’ 1.Julius Stone
B. Formal analysis of the structure of English law 2.Bentham
C. Jurisprudence is lawyer’s extra version 3.Austin
D. Distinguishes between expositional and censorial law 4.Kelsen
Code:
A B C D
(a) 4 2 1 3
(b) 1 3 4 2
(c) 4 3 1 2
(d) 1 2 4 3
Ans.(c)
Q.13. Consider the following statements:
1. The outstanding fact of the society is the interdependence of men
2. The doctrine of sovereignty has become meaningless
3. Laws should be treated from the angle of purpose
4; The only right which any man can possess is the right always to do his duty
Which of the statements given above can be subscribed to Duguit?
(a) 2 and 3
(b) 1 and 4
(c) 1, 2 and 3
(d) 1, 2 and 4
Ans. (d)
Q.14. Which one of the following rights is a right in re-propia.?
(a) Easement
(b) License
(c) Lessee’s right
(d) Ownership
Ans.(d)
Q.15. Legislation grows out of theory but customary law grows of practice. The existence of legislation is essential which one of the following?
(a) de facto
(b) de jure
(c) Both de facto and de jure
(d) Dependent on recognition
Ans. (b)
Q.16. Match List-I (Jurists) with List-Il (Theory) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (Theory)
A. Ihering 1. Social solidarity
B. Bentham 2. Social engineering
C. Roscoe Pound 3. Social control
D. Duguit 4. Pleasure pain
Codes:
A B C D
(a) 3 1 2 4
(b) 2 4 3 1
(c) 3 4 2 1
(d) 2 1 3 4
Ans. (c)
Ans. (c)
Q.17. For a valid custom, there are certain prerequisites.
Which one out of the following conditions of a valid custom is not correct?
(a) Custom must be continuous
(b) Custom must be reasonable
(c) Custom might be contrary to statutory law
(d) Custom must not be immoral
Ans. (c)
Q.18. Consider the following statements:
1. Human being alone can be subjects of jural relations.
2. The members of a corporation and the beneficiaries of a foundation are the only ‘person’.
3. Juristic persons are treated as if they are human beings.
4. The dignity of being a juristic person has to be conceded by the state.
Which of the statements given above is/are related to
the purpose theory?
(a) 4 only
(b) 2 and 3
(c) 1 and 4
(d) 1 only
Ans. (d)
Q.19. A tenant went to jail for two years leaving his mistress in occupation. The mistress also left after sometime. The tenant claimed that he remained in possession.
Consider the following statements:
1. The tenant remained in possession as he had left his mistress in occupation.
2. The tenant did not remain in possession as he has gone to jail for two years.
3. The tenant was being unfair and as such he did not remain in possession.
4. The tenant remained in possession as he has been fair
Which one of statements given above is/are correct?
(a) 2 and 3
(b) 1 and 3
(c) 1 only
(d) 4 only
Ans. (c)
Q.20. X allows Y to put his goods in a room of X’s house. Y sends his agent Z to put the goods in the room. Z puts the goods in the room, locks it up and keeps the key with him. Who is in possession of the room?
(a) X
(b) Y
(c) Z
(d) Both X and Z
Ans. (b)
Q.21. Which of the following is an element of Ihering theory of possession?
(a) Overemphasis on the element of animus
(b) Equal emphasis on the elements of animus and corpus
(c) Owner like appearance in relation to a thing
(d) Immediate physical power to exclude any foreign agency.
Ans. (c)
Q.22. Ownership without possession can be termed as which
one of the following?
(a) No ownership
(b) Quasi ownership
(c) Incomplete ownership
(d) No-corporeal ownership
Ans. (d)
Q.23. Which one out of the following statements is not correct with reference to Savigny’s theory of Volksgeist?
(a) Law cannot be universal or general in character
(b) Law is found and not made
(c) Law grows with the growth and strengthens with the strength of people
(d) Law is an instrument of social change and social reform
Ans. (d)
Q.24. Who among the following propounded the theory of possession which lays stress not on animus, but on de facto control?
(a) Salmond
(b) Pollock
(b) Pollock
(c) Holmes
(d) Jhering
Ans. (b)
Q.25. ‘A’ borrowed a sum of Rs. 5,000/- from ‘B’, which he did not repay for a period of three years. Now which
one of the following rights does ‘B’ have against ‘A’?
(a) Perfect right
(b) Imperfect right
(c) Proprietary right
(d) None of the above
Ans. (b)
Q.26. What do Rights in re-aliena mean ?
(a) Rights in the things of others
(b) Rights in one’s own things
(c) Rights relating to property
(d) Rights to receive damages
Ans. (a)
Q.27. Match List-I with List-II and select the correct answer from the codes given below the List:
List-I List-Il
A. Supreme Legislation 1.Law based on discretion of the authority
B. Executive Legislation 2. Law enacted by authority other than legislature
C. Debated Legislation 3. Law enacted by the legislation
D. Conditional Legislation 4. Ordinance issued by the resident/Governor Law
made by judges with the case
Codes:
A B C D
(a) 3 4 2 1
(b) 2 1 5 4
(c) 3 1 2 4
(d) 2 4 5 1
Ans. (a)
Q.28. Who among the following divided the sources of law into formal sources and material sources?
(a) Allen
(b) Keeton
(c) Salmond
(d) Gray
Ans. (c)
Q.29. Why is the expiatory theory of punishment obsolete now?
(a) It does not empower the State to impose punish
(b) It is incapable to reform the wrong doer
(c) It is based on moral doctrines
(d) It enlarges the limits of jurisprudence
Ans. (c)
Q.30. Eugen Ehrlich is a well known Jurist of sociological school of jurisprudence. Which one of the following statements may not be attributed to the theory propounded by him?
(a) Law is derived from social facts
(b) Law depends on social compulsion
(c) There is a ‘living law’ underlying the formal rule of the legal system
(d) State law has significant influence on shaping and development of living law
Ans. (d)
Q.31. Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom?
(a) Duguit
(b) Roscoe Pound
(c) Savigny
(d) Jhering.
Ans. (b)
Q.32. Which of the following factors are responsible for the resurgence in favour of natural law thinking in the twentieth century ?
1. The decline in social and economic stability in the twentieth century
2. The expansion in government activity
3. Growth of weapons of destruction and policies of. genocide
4. Growing inclination of people towards religion
Select the correct answer using the codes given below:
(a) 2, 3 and 4
(b) 3 and 4
(c) 1, 2 and 6
(d) 1 and 4
Ans. (c)
Q.33.Match List-I (Jurists) with List-II (View About Law/Jurisprudence) and select the correct answer using the codes given below the Lists:
List-I List-II
(Jurists) (View About Law/Jurisprudence)
A. Bentham 1. Concept of law
B. Austin 2. Pure theory of law
C. Kelsen 3. Limits of jurisprudence defined
D. Hart 4. Province of jurisprudence determined
5. Concept of living law
Codes:
A B C D
(a) 1 2 5 3
(b) 3 4 2 1
(c) 1 4 2 3
(d) 3 2 5 1
Ans. (b)
Q.34. There is a clear cut division between the spheres of the legislature and the judiciary. The former makes the laws and the latter applies them. Which one of the following propounds this doctrine ?
(a) Analytical jurisprudence
(b) Historical jurisprudence
(c) Sociological jurisprudence
(d) Philosophical jurisprudence
Ans.(a)
Q.35. It is said that the next step forward in the long path of man’s progress must be from jurisprudence to jurimetrics. In this context, what does jurimetrics signify?
1. Speculation about law
2. Scientific investigation of legal problems
3. Increasing awareness of the fruits of interdisciplinary co-operation
4. Relationship between law, economy and society
Select the correct answer using the codes given
below:
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1,3and4
(d) 1, 2and 4
Ans.(b)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare 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.36. Assertion (A) : Austin does speak of the science of law
Reason (R) : Science of law and philosophy of positive law are synonymous to him.
Ans. (c)
Q.37. The Constitution of India is federal in character because
(a) the Head of the State (the President) is elected by an electoral college cOnsisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States
(b) the Governors of States are appointed by the President and they hold office during the pleasure of the President
(c) there is distribution of power between the Union and the States
(d) the amendment of the Constitution can be made only by following the procedure laid down in the Constitution and in some cases the amendment requires ratification by Legislatures of the States
Ans. (c)
Q.38. Consider the following judgments delivered by the Supreme Court of India in:
1. Keshvananda Bharati v. State of Kerala
2. Re Berubari
3. Excel Weary. Union of India
The correct chronological sequence of the above judgments is:
(a) 1, 3, 2
(b) l, 2, 3
(c) 3, 1, 2
(d) 2, 1, 3
Ans. (d)
Q.39. After which one of the following Supreme Court decisions was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution?
(a) Balaji v. State of Mysore
(b) State of Madras v. Champakam Dorairajan
(c) Devadasan v. Union of India
(d) Periakaruppan v.State of Tamil Nadu.
Ans. (b)
Q.40. An Electricity Board terminated the Services of certain employees arbitrarily without giving notice. Which one of the following alternative remedies can be best adopted by the concerned employees?
(a) The employees can move the High Court by a writ as Electricity Board is included within the definition of State.
(b) The employees can make an appeal to the State Government.
(c) The employees can move the High Court after getting the permission of Electricity Board only.
(d) The employees can directly approach the Supreme Court for violation of a fundamental right
Ans. (a)
Q.41. Which one of the following is NOT ‘State’ for the purpose of Article 1.2 of the Constitution?
(a) National Council of Educational Research and Training (NCERT)
(b) A nationalized bank
(c) Institute of Medical Education and Research Chandigarh
(d) Grih Katyan Kendra
Ans. (a)
Q.42. Under the Indian Constitution, which one of the following is NOT a specific ground on which the State can place restrictions on freedom of religion?
(a) Public order
(b) Morality
(c) Social Justice
(d) Health
Ans. (c)
Q.43 .Which of the following statements are true with regard to the Fundamental Right of the minorities in educational matters?
1. The minority has only the right to administer the educational institutions.
2. The . minority has the right to. establish and administer educational institutions.
3. The right is absolute and not subject to any restriction.
4. Reasonable restrictions may be imposed to promote efficiency and prevent maladministration.
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 3
(b) 2 and 4
(c) 2, 3 and 4
(d) 1 and 3
Ans. (b)
Q.44. Arrange the following decision of the Supreme Court on Fundamental Right relating to personal liberty in the correct chronological sequence:
1. Menaka Gandhi v. Union of India
2. A.D.M. Jabalpur v. Shiva Kant Shukla
3. A.K.Gopalan v. State of Madras
Select the correct answer using the codes given below:
Codes:
(a) 3, 2, 1
(b) 2, 1, 3
(c) 2,3, l
(d) 1, 2, 3
Ans. (a)
Q.45. Fundamental duties have been add in the Constitution by 42nd Amendment Act, 1976 in accordance with the recommendations of:
(a) Santhannam Committee
(b) Sarkaria Committee
(c) Swaran Singh Committee
(d) Indira Gandhi-Nehru Committee
Ans. (c)
Q.46. “Provisions relating to fundamental duties cannot be enforced by writs. They can be only promoted by constitutional methods. But they can be used for interpreting ambiguous statutes.”
In which one of the following cases was the aforesaid principle enunciated?
(a) Moti Lal v. State of U.P.
(b) Civil Rights Committee v. Union of India
(c) Head Masters v. Union of India
(d) Magan Bhai v. Union of India
Ans. (c)
Q.47. Who among the following holds his/her office at the pleasure of the President?
(a) Chairman of the Union Public Service Commission
(b) Attorney General of India
(c) Speaker of the Lok Sabha
(d) Comptroller and Auditor General of India
Ans. (b)
Q.48. In the event of occurrence of vacancies in the offices of both, the President and the Vice-President of India, who among the following shall discharge the functions of the President till a new President is elected?
(a) Speaker of the Lok Sabha
(b) Leader of the majority party in the Lok Sabha
(c) Chief Justice of India
(d) Senior-most Governor.
Ans. (c)
Q.49. The executive power of the Union is vested in the:
(a) Union Cabinet
(b) President of India
(c) Prime Minister
(d) Union Council of Ministers
Ans. (b)
Q.50. Who among the following can establish additional courts for better administration of any existing law with respect to a matter concerned in the Union List?
(a) Chief Justice of India
(b) High Court of the concerned State
(c) Parliament
(d) Concerned State Legislature
Ans. (c)
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