100 MCQS LEGAL METHOD (INTERNAL EXAMINATIONS- FEBRURAY 2021)

Judicial Review in the Constitution of India is based on

(A) Precedents and conventions
(B) Rule of law
(C) Due process of law
(D) Procedure established by law

The Constitution of India embodies the parliamentary form of government

because:
(A) The Council of Ministers is collectively responsible to the Lok Sabha.
(B) The Council of Ministers is responsible to Lok Sabha and Rajya Sabha.
(C) The President, the head of the executive, is answerable to Parliament.
(D) The Prime Minister, the Head of the Cabinet, is accountable to Parliament.

Legal rights are institutional rights to decisions in Courts. Institutions about

justice presuppose a fundamental right, namely, the right to equality, which I
call the right to equal concern and respect.”
Who propounded this theory in relation to natural rights?
(A) Dworkin
(B) Fuller
(C) Jerome Hall
(D) Professor Hart

In Indian Constitution, Civil and Political Rights given in its

(A) Part II
(B) Part III
(C) Part IV
(D) Part IX

An interpretation of the Constitution of India is based on the spirit of (a)

Fundamental Duties (b) Fundamental Rights (c) Preamble (d) Federal System
The Constituent Assembly was set according to the proposals of (a) The Cripps
Mission (b) the Cabinet Mission (c) Mountbatten Plan (d) Rajagopalachari Plan

Which Article of the Constitution of India deals with the Fundamental Duties (a)
Article 32 (b) Article 50 (c) Article51 (d) Article 51 A

In India Right to Property is a (a) Moral Right (b) Legal Right (c) Fundamental
Right (d) Personal Right

Which article is referred to as ‘the jewel of the Constitution’ (a) Article 352 (b)
Article 123 (c) Article 32 (d) Article 31

Keshavananda Bharati case was associated with (a) Fundamental Rights (b)
Directive Principles of State Policy (c) State right (d) Armed rebellion

The amending power of the Constitution of India is described in Article. (a)

352 (b) 368 (c) 360 (d) 395

The State legislatures in India are

Unicameral
Bicameral
Either (a) or (b)
Neither (a) nor (b)

Which one of the following features does not support the federal character of
Indian Constitution?
(A) Distribution of powers between Centre and States
(B) Authority of Courts
(C) Supremacy of the Constitution
(D) Single citizenship

In which of the following cases free and fair election is recognized as basic
structure of Indian Constitution?
(A) Indira Gandhi V- Raj Narayan
(B) Minerva Mills V- Union of India
(C) Both (A) and (B) above
(D) None of the above

Which of the following Articles providing for fundamental rights cannot be

suspended during the Proclamation of Emergency?
(A) Articles 14 and 15
(B) Articles 19 and 20
(C) Articles 20 and 21
(D) Articles 21 and 22

Assertion (A): Under Article 368, the Parliament can amend any provision of the
Constitution except the basic structure of the Constitution-
Reason (R): The Supreme Court has restricted the absolute power of Parliament
to amend any provision of the Constitution-
Codes:
(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 the correct explanation of (A)-
(C) (A) is true, but (R) is false-
(D) (A) is false, but (R) is true-

“Constitutional law is concerned with the organization and functions of

government at rest, while administrative law, is concerned with that
organization and those functions in motion-” This statement was given by
(A) Austin
(B) Salmond
(C) M-P- Jain
(D) None of the above

“A legal right is an interest recognized and protected by a rule of legal justice-

An interest in the violation of which would be a legal wrong, done to him whose
interest it is and respect of which is a legal duly”- It was stated by
(A) Salmond
(B) Starke
(C) Both (A) and (B)
(D) None of them

there are different definition of the term law meaning that there are many
authors who have different thoughts about its meaning
(a) True
(b) False
( c ) Neither a or b
(d) None of the above
From oxford English dictionary says that law is the body of rules whether
proceeding fromformal enactment or from customs which a particular state or
community recognizes
(a) True
(b) False
( c ) Incorrect
(d) None of the above

Law is a body of principals recognized and applied by the states in the

administration of justice.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

The more abstract a thing is the more difficult it is to define; and the concept of
law is no exception to this rule.
(a) Yes
(b) No
( c ) Maybe
(d) None of the above

A law may be defined as a rule of human conduct

(a) Not at all
(b) Maybe
(c ) Absolutely
(d) None of the above

The legal order and which prescribes the imposition of a sanction or penalty in
the event of disobedience can be said to be one of the fucntions of law
(a) Not at all
(b) Maybe
(c ) Absolutely
(d) None of the above

In primitive communities, and to some degree in developed societies also, the

laws emanate directly from the people, i.e. Such laws are called customs.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

Hart defined law as a system of rules, a union of primary and secondary rules.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

“Law is a command from the sovereign person, was said by

(a) Autin
(b) Holland
( c ) Allen
(d) Gray

In the modern State, nearly all laws originate from some organized body or
authority known as:
(a) Executive
(b) Legislature
( c ) Judiciary
(d) None of the above

Law, Justice and Morality have a relationship existing in the society:

(a) True
(b) False
( c ) Incorrect
(d) None of the above

The statement 'What Law is to State , Custom is to society' is-

(a) True
(b) False
( c ) Incorrect
(d) None of the above

Who says law is a rule of civil conduct prescribed by the supremepower in the
state, commanding what is right and prohibiting what is wrong.
(a) Salmond
(b) Blacktstone
( c ) Nobody
(d) Austin
Generally law is a body of rules and principals recognized by a particular state
and enforcedby It to administer justice and regulate social behavior.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Law is the cement of society and also an essential medium of change. Was said
by Glaville Williams.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

Defining the term ‘law’ is not an easy task because the term changes from time
to time and different scholars define the term variously.
(a) Thi is not true
(b) This is true
( c ) Illogical
(d) None of the above

Definitions given to the term law are as many as legal theories.

(a) True
(b) False
( c ) Incorrect
(d) None of the above

The concept of the functions of law is of major importance.

(a) It is needed to explain the nature of law or to explain disciplines associated
with law
(b) It is not important.
( c ) It is required to explain scientific phenomenons
(d) none of the above

Law defines the structure of government by ordering power—that is,

establishing and distributing authority and power among government actors
and between the state and citizens.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

One of the functions of law is to:

(a) law serves to order contestation by providing the substantive and
procedural tools needed to promote accountability
(b) resolve disputes peacefully
( c ) change the rules
(d) All of the above

It has long been established that the rule of law— which at its core requires
that government officials and citizens be bound by and act consistently with the
law—is the very basis of the good governance needed to realize full social and
economic potential.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

The mere existence of formal laws by no means leads to their intended effects.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

Law is an important tool for:

(a) Governance
(b) Initiating war
( c ) for establishing scientific experiments
(d) nothing

law is a device that provides a particular language, structure, and formality for
naming and ordering things in the society.
(a) True
(b) False
( c ) Incorrect
(d) None of the above

The operation of law requires a legal system comprising

(a) legislatures, judicial and law enforcement institutions
(b) colleges
( c ) business
(d) None of the above

In all societies, state law is but one of many rule systems that order behavior,
authority, and contestation. These rule systems include customary and religious
law, cultural and social norms
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Functions of law can be divided into

(a) social, economic, political rights
(b) economic functions of law
( c ) political representation
(d) All of the above

Law is an instrument of policy.

(a) It is the means by which governments codify rules about how individuals
and firms are to behave in order to achieve economic and social policy
outcomes, including in the criminal, civil, and regulatory domains.
(b) to launch space missions
( c ) to conduct experiments
(d) not an instrument.

Fairness is one of the the principles of delivering Justice in a court of law:

(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Retributive Justice means providing punishment as per the nature and gravity of
the offence committed.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above
Morals include both social and economic responsibilty.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Morals include universal ethics.

(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

An essential feature of any moral rule or standard is that it is regarded as

something of great importance to maintain. This importance is manifested in
different aspects.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

The acceptance of moral standards is generally recognized as useful.

(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Serious forms of social pressure are exerted to obtain conformity with and to
secure the communication and the teaching of moral standards as a matter of
course to all in society.
(a) This can be seen happening in the society.
(b) This cannot be observed in the society.
( c ) Maybe.
(d) None of the above.

Moral standards are maintained at the cost of sacrificing personal interests.

(a) Yes
(b) No
( c ) Incorrect
(d) None of the above
Law and Morality intersect at some point in the society.
(a) This can be seen happening in the society.
(b) This cannot be observed in the society.
( c ) Maybe.
(d) None of the above.

Both legal and moral rules make demands which must obviously be satisfied by
any group of human beings who are to succeed in living together.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Justice is based on principles of natural justice and customary sources of law.

(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

The Oxford English Dictionary defines the “just” person as one who typically
“does what is morally right” and is disposed to “giving everyone his or her due,”
offering the word “fair” as a synonym.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

For Plato, justice is a virtue establishing rational order, with each part
performing its appropriate role and not interfering with the proper functioning
of other parts.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Aristotle says justice consists in what is lawful and fair.

(a) This can be seen happening in the society.
(b) This cannot be observed in the society.
( c ) Maybe.
(d) None of the above.

Western philosophers generally regard justice as the most fundamental of all

virtues for ordering interpersonal relations and establishing and maintaining a
stable political society.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Custom occupies an important place in the regulation of human conduct in

almost all societies.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

A custom may be broadly defined as a usage observed by the people and

recognized by the courts on their fulfillment of certain conditions
(a) True
(b) False
( c ) Maybe
(d) None of the above

Halsbury stated that “custom is some kind of special rule which is in actual
existence or possibly followed from time immemorial and which has acquired
the force of law in a specified territory
(a) True
(b) False
( c ) Maybe
(d) None of the above

Legal Custom- are those which are operative per se as binding rules of law
independent of any agreement between the parties.
(a) True
(b) False
( c ) Maybe
(d) None of the above
General Custom- A general custom is usually practiced by all the people living in
the country and it is prevalent throughout the land.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

A custom to be valid must be in conformity with statute law. In other words, it

should not be contrary to an Act of Parliament.
(a) True
(b) False
( c ) Maybe
(d) None of the above

The term ‘legislation’ is derived from the Latin word legis meaning law and
latum which means “to make” or “set”. Thus legislation means ‘making of law’
(a) True
(b) False
( c ) Maybe
(d) None of the above

Gray pointed out that legislation includes “formal utterances of the legislative
organs of the society.”
(a) True
(b) False
( c ) Maybe
(d) None of the above

Subordinate legislation proceeds from any authority other than the sovereign
power. It is dependent for its continued existence and validity on some
supreme authority.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

The legislature, i.e., the Parliament quite often delegates its rulemaking power
to certain departments of the executive organ of Government.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

In the case of Union of India v. Cynide India Ltd. Supreme Court held that
Executive legislation in India includes the power to make rules, regulations, and
bye-laws for administrative matters such as fixing of price or deciding the
suitable place for markets, taxation, setting up incorporated bodies, etc
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Delegated Legislation is legislation made by any authority other than the

legislature.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

When a legislature confers law-making power upon some other body, the
legislative power is said to be delegated and it is a case of delegated legislation.
(a) No
(b) Yes
© Maybe
(d) none of the above

Precedents have binding force on judicial tribunals for deciding similar cases in
the future.
(a) No
(b) Yes
© Maybe
(d) none of the above

Precedent may either be authoritative or persuasive.

(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above
Legislation can be regarded as the source of law which consists of the
declaration of legal rules by a competent authority.
(a) No
(b) Yes
© Maybe
(d) none of the above

Precedents leads to the certainty of law and also the predictability of decision is
always preferable to an approximation of ideals and enables illogical and
unsatisfactory decisions to be overruled to meet the ends of justice.
(a) No
(b) Yes
© Maybe
(d) none of the above

Article 141 of the Constitution of India gives constitutional status to the

doctrine of precedent in respect of law declared by the Supreme Court of India.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Legislation is an expression of the general will of the people and is one of the
main functions of the government, carried out for the purpose of authorising,
regulating, sanctioning, granting, prohibiting, declaring, restricting etc.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

legislation is either supreme or subordinate. Supreme legislation is the one

which proceeds from the sovereign power in the State and is checked and
controlled by the sovereign only.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above
While the subordinate legislation proceeds from any authority subsidiary to
supreme authority and is therefore, dependent on superior authority for its
origin, existence and validity.
(a) No
(b) Yes
© Maybe
(d) none of the above

In India, Parliament possesses the power of supreme legislation but the

sovereignty of Parliament is subject to the Constitution of India, which is the
hallmark for any law passed in our country, through judicial review.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Parliament has rights to amend the Constitution, but the modifications are valid
subject to the framework of the Constitution itself. Thus, in spite of the
parliamentary privilege to amend the Constitution, the Constitution itself
remains supreme in India.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

legislation controls the behaviour of the beings and maintains peace and
harmony in the society.
(a) This can be seen happening in the society.
(b) This cannot be observed in the society.
( c ) Maybe.
(d) None of the above.

Municipal Law is Law of that nation, It is the domestic law that governs the
subject of the state. It is opposite of international law.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above
Civil law in this regard can be defined as the aspect of Law that deals with the
relationship between citizens and provides means for remedies if the right of a
citizen is breached. Examples of civil law include the Law of Contract, the Law of
Torts, Family Law etc.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Criminal Law, on the other hand, can be referred to as that aspect of Law that
regulates crime in the society. It punishes acts which are considered harmful to
the society at large.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Substantive Law is the main body of the law dealing with a particular area of
law. Procedural law, on the other hand, is law in that deals with the process
which the courts must follow in order to enforce the substantive law.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

International law regulates the relationship between different independent

countries and is usually in the form of treaties, international customs etc.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

John Austin’s law definition states “Law is the aggregate set of rules set by a
man as politically superior, or sovereign to men, as political subjects.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above
Law plays different roles in the lives of everyone. A single word cannot define
law.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Salmond defined law as, “ the law may be defined as body of principles
recognised and applied by the state in the administration of justice.”
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Justice is a set of universal principles which guide people to analyse what is

right and what is wrong.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

“Law is the command of the sovereign.” “It is the command of the superior to
an inferior and force is the sanction behind Law.” —Austin
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

“A Law is a general rule of external behaviour enforced by a sovereign political

authority.” -Holland
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

Law is definite and it is the formulated will of the State. It is a rule made and
implemented by the state.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

The courts settle all disputes among the people on the basis of law.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above

The purpose of Law is to provide peace, protection, and security to the people
and to ensure conditions for their all round development. Law also provides
protection to the rights and freedoms of the people.
(a) This is not true
(b) This is true
( c ) Illogical
(d) None of the above

Custom has been one of the oldest sources of law. In ancient times, social
relations gave rise to several usages, traditions and customs.
(a) Yes
(b) No
( c ) Incorrect
(d) None of the above