Juris Questions
Juris Questions
JURISPRUDENCE
TEST PAPER — I
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(c) Paton
(d) Maine
6. The term 'Jurisprudentia' means
(a) study of law
(b) knowledge of law
(c) the origin of law
(d) none of the above
7. Bentham work was intended to provide the indispensable introduction to a civil
code who said this
(a) Austin
(b) Freidman
(c) Paton
(d) Keeton
8. "Even the most despotic of legislators cannot think or act without availing himself
of the spirit of his race and time". Who said these regarding Austin's command
theory
(a) Bryce
(b) Oliver crona
(c) Paten
(d) J. Brown
9. Who described Jurisprudence as the "Scientific synthesis of the essential
principle of law"?
(a) Allen
(b) Jenks
(c) Keeton
(d) Pound
10. Indicate the true statement regarding Austin:
(a) was a professor of law in the Benthamit University College in London
(b) was appointed as a member of the first Criminal Law Commission
(c) was one of the commissioners to enquire into the government &
administration of Malta
(d) all the above
11. Who defined Jurisprudence as "the knowledge of things divine and human the
science of right and wrong?
(a) Pound
(b) Stone
(c) Salmond
(d) Ulpian
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12. Transition from the Peculiar brand of Natural law doctrine in the work of Black
Stone to the rigorous positivism of Bentham represents one of the major
developments in the history of modern legal theory who said these regarding
Bentham
(a) Paton
(b) John D Finch
(c) Allen
(d) Gray
13. Who has put the motives to obey law as indolence, deference, sympathy, fear,
and reason
(a) Bryce
(b) Allen
(c) Oliver crona
(d) Salmond
14. Who described jurisprudence as "the science of law using the term law in the
judicial sense, as denoting the body of principles recognized or enforced by
public and regular tribunals in the administration of justice?
(a) Allen
(b) Jenks
(c) Roscoe Pound
(d) Keeton
15. According to Austin, the characteristics of law:
(1) Command
(2) Sanction
(3) Duty
(4) Sovereignty
(a) (1), (2), (3)
(b) (1), (3)
(c) (1), (3), (4)
(d) (1), (2), (3), (4)
16. Who said "law is not to be deduced from the rule but the rule from the law"
(a) Hobbes
(b) Paulus
(c) Blackstone
(d) Hegel
17. Apostle of individualism was destined to become the founder of state socialism
who said these
(a) Gray
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(b) Blackstone
(c) Dicey
(d) Coke
18. But the demonstration of precisely where and why he is wrong has proved to be
constant source of illumination: for his errors are after the misstatement of truths
of central importance for the understanding of law and society who said these
words regarding Austin
(a) Allen
(b) Hart
(c) Brycle
(d) Oliver crona
19. Who defined jurisprudence "as the shining but unfulfilled dream of a world
governed by reason?
(a) Jenks
(b) Salmond
(c) Arnold
(d) Pound
20. “The existence of law is one thing its merit and demerit another..... A law which
actually exists is a law though we happen to dislike it.” Who said these?
(a) Austin
(b) Holmes
(c) Palon
(d) Gray
21. The book 'Elementiae Philosophiae' was written by
(a) Bentham
(b) Salmond
(c) Pound
(d) Hobbes
22. The apostle of individualism was destined to become the founder of state
socialism. The above statement by Dicey refer to
(a) Austin
(b) Bentham
(c) Savigny
(d) Maine
23. "No conception of law and society has ever removed such amass of undoubted
delusions", who said these regarding Austin
(a) Paton
(b) Brycle
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(c) Maine
(d) Salmond
24. Who defined jurisprudence as part of history, a part of economics and sociology a
part of ethics and philosophy of life"
(a) Arnold
(b) Austin
(c) Pound
(d) Radcliff
25. What is true regarding Austin’s theory?
(a) Austin distinguishes positive law from positive morality
(b) Austin identifies law with command duty and sanction
(c) Austin defined the provinces of jurisprudence
(d) All the above
26. Who said that law is concerned only with positive law?
(a) Ulpian
(b) Maine
(c) Austin
(d) Salmond
27. What is true regarding the criticism of Bentham
(a) Bentham's abstract and doctrinaire rationalism prevented him from seeing
man in all his complexity
(b) Bentham overestimated the powers of the legislator and an underestimate of
the need for individual discretion and flexibility in application of law
(c) He failed to develop clearly his own conception of the balance between
individual and community interests
(d) all the above
28. "His works are indispensable if for no other object, for the purpose of clearing the
head", who said these words regarding Austin
(a) Hart
(b) Maine
(c) Allen
(d) Keeton
29. Who defined jurisprudence as a body of ordered knowledge which deals with a
particulars species of law
(a) Salmond
(b) Pound
(c) Patterson
(d) Arnold
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30. Who propounded “Laws passed in derogation of popular will and needs of society
would be short lived and cannot muster public support while criticising Austin
(a) Salmond
(b) Fuller
(c) Palon
(d) Gray
31. Who divided jurisprudence into general and particular jurisprudence?
(a) Austin
(b) Gray
(c) Salmond
(d) Holland
32. Bentham's book The limits of Jurisprudence Defined was published in
(a) 1782
(b) 1860
(c) 1945
(d) 1872
33. "If Austin event too far in considering the law as always proceeding from the
state, he conferred a great benefit on jurisprudence by bringing out clearly that
the law is at the mercy of the state", who said these words
(a) Hart
(b) Allen
(c) Gray
(d) Kelson
34. Who defined jurisprudence as the study of fundamental legal principle including
there philosophical, historical and sociological bases and as analysis of legal
concepts
(a) Pound
(b) Patterson
(c) Dr. Sethna
(d) Gray
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(b) to the study of any actual system of law or of any portion of it
(c) to the study English Law
(d) none of the above
37. Indicate the true statement regarding Austin
(i) He is the father of English Jurisprudence
(ii) He was elected to the chair of jurisprudence in the university of London in
1826
(iii) The method adopted by him was essentially English
(iv) He used meta physical method which is a German characteristic
(a) (i), (ii), (iii), (iv)
(b) (i), (ii), (iv)
(c) (i), (ii), (iii)
(d) (ii), (iii)
38. "For a systematic exposition of the methods of English Jurisprudence we will
have to turn to Austin", who said these words
(a) Gray
(b) Patterson
(c) Blackstone
(d) Allen
39. Who advocated synthetic approach; to the study of jurisprudence
(a) Pound
(b) Patterson
(c) Dr. Sethna
(d) Gray
40. What is true about Hart?
(a) He was a professor of Jurisprudence at Oxford
(b) His classic work is the concept of Law
(c) He expanded his legal theory based on the relationship between law and
society
(d) All the above
41. Who defined jurisprudence as the "formal science of positive law"?
(a) Austin
(b) Salmond
(c) Holland
(d) Gray
42. Austin's book "The Province of Jurisprudence Determined" is
(a) is his autobiography
(b) is the lectures delivered in the London University
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(c) an answer to an essay by Gray on Parliament Government
(d) none of the above
43. 'A Law is the proper sense of the terms is therefore, a general rule of human
action, taking cognizance only of external acts, enforced by determinate
authority', who said these
(a) Austin
(b) Salmond
(c) Holland
(d) Gray
44. Assertion (A): Holland describe Jurisprudence as a formal science
Reason (R): Jurisprudence deals not with concrete details but only with the
fundamental principle underlying law
(a) Both A and R are correct and R is the correct explanation of A
(b) Both A and R are correct but R is not the correct explanation of A
(c) A is correct but R is wrong
(d) A is wrong but R is correct
45. What is true about Hart’s theory of law?
(1) Hart considered law as a system of rules consisting of primary rules and
secondary rules
(2) Primary rules are duty-imposing while secondary rules confer power and the
union of two is the essence of law
(3) Hart explains the existence of law with reference to the rule of recognition
(4) The binding force of law depends on its acceptance
(a) (1), (3), (4)
(b) (2), (1), (4)
(c) (2), (3)
(d) (1), (2), (3), (4)
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(d) none of the above
48. Law consists of the rules recognized and acted on by the Courts of justice, who
said these
(a) Allen
(b) Gray
(c) Salmond
(d) Kelson
49. Who coined the term legal theory?
(a) Sethna
(b) Fried Mann
(c) Hart
(d) Kelson
50. According to Hart, primary rule being duty imposing suffer from
(a) uncertainty
(b) static character
(c) inefficiency
(d) all the above
51. Who said "The relation of jurisprudence to law depends not upon what law is
treated but how law is treated
(a) Austin
(b) Salmond
(c) Gray
(d) Greeks
52. The word positivism was started by
(a) Bentham
(b) Austin
(c) Conte
(d) Kelsen
53. Law is what is laid down as a rule of conduct by the person acting as judicial
organs of the state, who said these
(a) Hart
(b) Austin
(c) Gray
(d) Keeton
54. The term legal theory is concerned with
(a) the entire province of jurisprudence
(b) Analysis of philosophical notion of law
(c) particular branch of jurisprudence
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(d) none of the above
55. According to Hart, attributes of morality includes
(1) importance
(2) immunity from deliberate change
(3) voluntary character of moral offences
(4) forms of moral pressure
(a) (1), (4)
(b) (2), (3), (4)
(c) (1), (2), (3), (4)
(d) (2), (3)
56. Who defined jurisprudence as the science of law?
(a) Austin
(b) Salmond
(c) Gray
(d) Greeks
57. Pure theory of law is pronounced by
(a) English School
(b) Roman School
(c) French School
(d) Vienna School
58. The emphasis of personal factor in law by Gray later led to the emergence of
(a) Vienna School of Law
(b) Pure theory of Law
(c) Realist School of Law
(d) Natural School of Law
59. Utility of jurisprudence are
(a) Jurisprudence has its own intrinsic interest
(b) Jurisprudence has great educational value
(c) Jurisprudence seeks to rationalise the concept of law
(d) all the above
60. Hart’s concept of Law has been criticised by
(a) Fuller
(b) Ronald Dwortun
(c) Friedman
(d) All the above
61. Who made the distinction between the term jurisprudence in its generic and
specific cases
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(a) Austin
(b) Salmond
(c) Pound
(d) Bentham
62. Who described Austin's School as imperative?
(a) Salmond
(b) Allen
(c) Keeton
(d) Gray
63. The term 'pruidentia' stands for
(a) Law
(b) Knowledge
(c) Public
(d) none of the above
64. 'Study of Jurisprudence provides an opportunity for the lawyer to ring theory and
life into focus for it concerns human thought in relation to social existence', who
said these
(a) Fried Mann
(b) Allen
(c) Dias
(d) Paton
65. Fuller’s condition of morality includes
(1) There must be rules
(2) Rules must be published
(3) Retractive legislation must not be used abusively
(4) Rules must be understandable
(a) (1), (3), (4)
(b) (1), (2), (4)
(c) (2), (3)
(d) (1), (2), (3), (4)
66. Who defines Jurisprudence as a "science of law"?
(a) Salmond
(b) Hobbes
(c) Gray
(d) Holland
67. Law is a rule laid down for the guidance of an intelligent being by an intelligent
being having power over him. Who said these words
(a) Austin
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(b) Bentham
(c) Hart
(d) Kelsen
68. The study of jurisprudence as a separate branch of knowledge started with
(a) Greeks
(b) Romans
(c) French
(d) Arabic
69. Modern jurisprudence trenches on the field of social science and philosophy: It
digs into the historical past and attempts to creates the symmetry of a garden out
of the luxuriant chaos of conflicting legal systems', who said these
(a) Blackstone
(b) Paton
(c) Dias
(d) Holland
70. Fuller’s conditions of Morality include:
(1) Rules must not be contradictory
(2) Rules must not require the conduct beyond the power of the affected parties
(3) Rules must not be changed so frequently that subjects cannot guide their
actions by them
(4) There should be congruence between the rules as announced and their actual
enforcement
(a) (1), (2), (3), (4)
(b) (1), (3), (4)
(c) (2), (3)
(d) (1), (2), (4)
71. Who defined jurisprudence the scientific synthesis of the essential principles of
law?
(a) Allen
(b) Gray
(c) Bentham
(d) Salmond
72. According to Austin Laws are of two kinds. They are
(a) Law of God
(b) Human Laws
(c) Both law of God and Human Laws
(d) none of the above
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73. "Jurisprudence is the science of law, the statement and systematic arrangement
of the rules followed by the courts and the principles involved in those rules" who
said these
(a) Gray
(b) Salmond
(c) Allen
(d) Bryce
74. Who wrote 'There never was a time when the barrister had greater need of a
wide culture and of a full acquaintance with history, with economics, and
sociological science'
(a) Julius Stone
(b) J. Mc Carclre
(c) Sawer
(d) Dias
75. Law represents order simplicities. Thus good order of law that corresponds to
demand of justice or morality or men’s notion of what ought to be. Who said
these?
(a) Allen
(b) Dias
(c) Fuller
(d) Gray
76. Who defined jurisprudence as a body of ordered knowledge, which deals with a
particular species of law
(a) Allen
(b) Bryce
(c) Patterson
(d) Austin
77. According to Austin Law properly so called includes
(a) Law of God
(b) Human Laws
(c) Both law of God and Human Laws
(d) none of the above
78. Who defined jurisprudence as the "science of the first principles of civil law"?
(a) Gray
(b) Salmond
(c) Holland
(d) Bryce
79. Salmond divided jurisprudence into
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(a) Analytical School
(b) Historical School
(c) Ethical School
(d) all the above
80. Indicate the chronology of jurists and their works
(1) Austin
(2) Hart
(3) Kelsen
(4) Bentham
(a) (1), (2), (3), (4)
(b) (2), (4), (1), (3)
(c) (4), (1), (3), (2)
(d) (4), (1), (2), (3)
81. Jurisprudence means lawyers extraversion who said this
(a) Keeton
(b) Julius Stone
(c) Allen
(d) Graye
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(c) He was emeritus Professor of Political Science in the California University
(d) All the above
86. Who defined jurisprudence the study and systematic arrangement of the general
principle of law
(a) Keeton
(b) Allen
(c) Pound
(d) Ehelich
87. According to Austin International law comes under
(a) law of God
(b) Positive morality
(c) law properly so called
(d) none of the above
88. Who defined jurisprudence as the "Philosophy of positive law"?
(a) Salmond
(b) Austin
(c) Holland
(d) Gray
89. Who are the positivists?
(a) Holland
(b) Markby
(c) Salmond
(d) all the above
90. According to Kelsen, the validity of law is derived from
(a) Volskgeist
(b) Social contract
(c) Grundnorm
(d) Primary and secondary rules
91. Who propounded the theory of social contract?
(a) Blackstone
(b) Locke
(c) Grotious
(d) Hobbes
92. According to Austin subject-matter of jurisprudence consist of
(a) laws generally
(b) positive law
(c) positive morality
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(d) none of the above
93. What is true?
(a) According to Austin law is a command laid down by a political superior
(b) According to Austin science of law is concerned with law as it is and not it
ought to be
(c) Austin divided jurisprudence into general and particular
(d) All the above
94. The contribution of Jenny Bentham to English jurisprudence is
(a) He determined the principles or which the reforms should be based
(b) He determined the method, the mode of legislation by which reforms should
be carried out in England
(c) Defined the province of jurisprudence
(d) (a) & (b) is correct but not (c)
95. What is true about Kelsen’s pure theory of law?
(a) He described law as a normative science
(b) His theory of law deals with the knowledge of what the law is, and is not
concerned with what the law ought to be
(c) Kelsen’s pure theory of law is a theory of norms not so much concerned with
effectiveness of the legal norm
(d) All the above
96. Who is the founder of Analytical school?
(a) Austin
(b) Bentham
(c) Holland
(d) none of the above
97. According to Austin there are exception to the command theory law, they include
(a) declaratory of explanatory laws
(b) laws to repeal laws
(c) law of imperfect obligation
(d) all the above
98. Who defined jurisprudence as the "formal science of positive law"?
(a) Austin
(b) Salmond
(c) Stammles
(d) Fuller
99. Bentham concept of law is
(a) Philosophical
(b) Sociological
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(c) Imperative
(d) Realist
100. According to Kelsen:
(1) There is no distinction between public and private law
(2) Law and state are not different, but they are in fact one and the same
(3) Legal personality is artificial and derives its validity from grund norm
(4) Legal duties are the essence of law and not legal rights
(a) (1), (3), (4)
(b) (2), (3), (4)
(c) (1), (2)
(d) (1), (2), (3), (4)
101. Who is the father of the Analytical school?
(a) Austin
(b) Bentham
(c) Holland
(d) none of the above
102. According to Austin law is
(a) What is there naturality
(b) what set by theologian
(c) command of the sovereign
(d) all the above
103. According to Holland Jurisprudence is a formal science because
(a) it deals with concerts detail of law
(b) it does not deal with fundamental principle underlying law
(c) it deals with fundamental principles underlying law
(d) none of the above
104. Bentham wished to ensure happiness of the community by attaining following
goals –
(1) Subsistence
(2) Abundance
(3) Equality
(4) Security for the citizens
(a) (1), (2), (3), (4)
(b) (1), (3), (4)
(c) (1), (4)
(d) (2), (3), (4)
105. Pure theory of law propounded by Kelsen is also known as
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(a) Imperative theory
(b) Vienna School of Law
(c) Social Contract Theory
(d) None of the above
106. Law may be defined as an assemblage of signs declarative of a volition
conceived or adopted by the sovereign in a state concerning the conduct to be
observed in a certain case by a certain person or class of persons, who in the
case in question are or are supposed to be subject to his power. Such volition
trusting for its accomplishment to the expectation of certain events which it is
intended such declaration should upon occasion by a means of bringing to ass
and the prospect of which it is intended should act as a motive upon those whose
conduct is in question. Who said this?
(a) Austin
(b) Bentham
(c) Stammler
(d) Salmond
107. Austin method is known as
(a) analytical
(b) positivist
(c) imperative
(d) all the above
108. 'Jurisprudence deals with the human relations which are governed by rules of law
rather than the material rules themselves', who said these
(a) Holland
(b) Gray
(c) Austin
(d) Bryce
109. Bentham’s theory of utilitarianism is also called
(a) Doctrine of philosophy
(b) Doctrine of Hedonism
(c) Doctrine of classical law
(d) None of the above
110. Match the following:
(A) The Province of jurisprudence determines (1) Kelsen
(B) A plea for the Constitution (2) Dicey
(C) The limits of jurisprudence defined (3) Austin
(D) Law and public opinion in England (4) Bentham
Codes:
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(A) (B) (C) (D)
(a) 1 2 3 4
(b) 3 1 4 2
(c) 3 3 4 2
(d) 2 1 3 4
111. Who is a utilitarian?
(a) Bentham
(b) Pound
(c) Keeton
(d) Allen
112. "His contribution to juristic science are so sanity and so much entangled in error
that his book ought no longer to find a place among those prescribed for
students". Who said these regarding Austin
(a) Salmond
(b) Bryce
(c) Hart
(d) Allen
113. Who objects to the Holland's description of jurisprudence as a 'formal science'?
(a) Austin
(b) Salmond
(c) Gray and Jenks
(d) All the above
114. Bentham was in truth neither a jurists nor a moralist in the proper sense of the
word. He theorises not on law but on legislation. When carefully examined he
may be seen to be a legislator even in morals. Who said these?
(a) John Stuart Mill
(b) Maine
(c) Stone
(d) Pound
115. Match the following:
(A) Nature and sources of law (1) Maine
(B) Law in the making (2) Gray
(C) Elements of jurisprudence (3) Salmond
(D) Jurisprudence (4) Holland
Codes:
(A) (B) (C) (D)
(a) 3 1 2 4
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(b) 3 1 4 2
(c) 2 1 4 3
(d) 2 1 3 4
116. What is true about Bentham?
(i)He pleaded for codification and condemned judgment law
(ii)the end of legislation is the greatest happiness of the greatest number
(iii)he was a critique of laisses faire
(iv)he defined utility as the property or tendency of a thing to prevent some evil or
to procure some good
(a) (i), (iii), (iv)
(b) (i), (ii), (iii), (iv)
(c) (i), (ii), (iv)
(d) (ii), (iv)
117. What are the criticisms regarding Austin
(a) Austin ignored custom
(b) Austin ignored Judge made law
(c) Austin extended the law to Rules set by private persons
(d) All the above
118. Jurisprudence is no more formal science than physiology
(a) Austin
(b) Holland
(c) Gray
(d) Keeton
119. Friedman has criticised Bentham in the following lines:
(a) Bentham under estimates the need for individual discretion and flexibility in
the application of law overestimating the power of legislator
(b) Theory fails to balance individual interests with the interest of the community
(c) Pleasure and pain cannot be the final test of adequacy of law
(d) All the above
120. Match the following:
(A) Studies in history and jurisprudence (1) Gray
(B) Nature and sources of law (2) Bryce
(C) The concept of law (3) Jenks
(D) The new Jurisprudence (4) Hart
Codes:
(A) (B) (C) (D)
(a) 2 1 4 3
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(b) 2 1 3 4
(c) 3 4 1 2
(d) 3 4 2 1
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JURISPRUDENCE
TEST PAPER - I
ANSWER KEY
1. C 31. A 61. B 91. C
2. B 32. C 62. B 92. B
3. C 33. C 63. B 93. D
4. C 34. C 64. C 94. D
5. C 35. C 65. D 95. D
6. B 36. B 66. C 96. B
7. C 37. C 67. A 97. D
8. D 38. D 68. B 98. C
9. A 39. C 69. C 99. C
10. D 40. D 70. A 100. D
11. D 41. C 71. A 101. A
12. B 42. B 72. C 102. C
13. A 43. C 73. A 103. C
14. C 44. A 74. B 104. A
15. D 45. D 75. C 105. B
16. B 46. B 76. C 106. B
17. C 47. B 77. C 107. D
18. B 48. C 78. B 108. A
19. C 49. B 79. D 109. B
20. B 50. D 80. C 110. C
21. D 51. C 81. B 111. A
22. B 52. C 82. D 112. B
23. C 53. C 83. C 113. C
24. D 54. B 84. D 114. A
25. D 55. C 85. D 115. C
26. C 56. B 86. A 116. C
27. D 57. D 87. B 117. D
28. B 58. C 88. B 118. C
29. C 59. D 89. D 119. D
30. B 60. D 90. C 120. A
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Rahul’s
a blue print of success
JURISPRUDENCE
TEST PAPER-II
Time : 2 Hrs.
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7. What are the requisites of a valid custom
(a) Compulsory observance
(b) Certainty
(c) Consistency
(d) All of the above
8. According to Holland custom becomes law
(a) When it is adopted by courts
(b) When it is adopted by people
(c) When it is adopted as law by state recognition
(d) None of the above
9. To prevent the misuse of delegated legislation what are the controller
envisaged
(a) Procedural control
(b) Parliamentary control
(c) Judicial control
(d) All of the above
10. Indicate the correct legal source law
(i) Enacted law
(ii) Case Law
(iii) Customary Law
(iv) History
CODE:
(a) (i), (ii), (iii), (iv)
(b) (i), (ii), (iii)
(c) (ii), (iii), (iv)
(d) (i), (iv)
11. Concurrent possessionis expressed by the maxim
(a) Perincuriam
(b) Plure eandem rem in solidum possidure non possunt
(c) Stare decisis
(d) None of the above
12. Indicate the correct distinction between custom and usage
(a) Custom is binding irrespective of the consent of the parties to be bound
thereby. Usages are biding only when they are not expressly excluded by
the terms of agreement entered into by the parties
(b) Custom to be valid should have been in existence from time immemorial
but usage need not be of immemorial antiquity
(c) Custom can easily derogate from the general or common law of the realm
but not from the statute law, Usage can do so by express contract
between the parties
(d) All the above
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13. Legislation when it proceeds from sovereign power in the state it is known as
(a) Supreme legislation
(b) Subordinate legislation
(c) Both the above
(d) None of the above
14. Who said, customary observance is not the cause of law but the evidence of its
existence
(a) Savigny
(b) Blackstone
(c) Maine
(d) Puchta
15. Legal sources are the only gates through which new principle can find entrance
into the law and historical sources operate only mediately and indirectly........
they are merely links in the chain of which ultimate link: must be some legal
source to which law is directly attached, who said these
(a) Keeton
(b) Allen
(c) Austin
(d) Salmond
16. Who has opined the existence of corporation is neither wholly factitious nor
wholly real instead it is partly fictitious and partly real?
(a) Kelson
(b) Dr. Sethna
(c) Friendmann
(d) Gray
17. Match the following
List – I List – II
A. Fiction Theory (i) Gierke
B. Realist Theory (ii) Brinz
C. Bracket Theory (iii) Savigny
D. Purpose Theory (iv) Ihearing
A B C D
(a) (iii) (i) (iv) (ii)
(b) (iii) (iv) (i) (ii)
(c) (i) (iv) (iii) (ii)
(d) (i) (iii) (iv) (ii)
18. Corporate veil of a company may be lifted in some circumstances, what are
they?
(a) Corporate personality has been used for fraud or improper conduct
(b) Where a corporate facade is in reality only an agency
25
(c) Where company is engaged in activities which are against the public policy
(d) All the above
19. Personality is the legal capacity of will, the bodiliness of men for their
personality a wholly irrelevant attribute
(a) Zitelmana
(b) Allen
(c) Salmond
(d) Holland
20. What are the criticisms leveled against Savigny
(a) Savigny assumed that possession cannot be acquired without corpus and
animus
(b) According to Savigny possession is lost when either corpus or animus is
gone
(c) Savigny did not take note of the fact that law does not protect a
possession which is acquired unlawfully
(d) All the above
21. In Roman law possession in fact is called
(a) possessio civilis
(b) possessio naturalis
(c) possession juris
(d) None of the above
22. Salmond has divided Mediate Possession into
(a) Possession acquired through an agent or servant
(b) Possession held through a borrower or hires to tenant where the res
where the object can be demanded at will
(c) Where the property is lent for a fixed period of time
(d) All of the above
23. What is true regarding constructive delivery?
(i) Constructive delivery is of three kinds
(ii) In Traditio Brevi Manu there is surrender of mediate possession to one
who is already in immediate possession of it.
(iii) in constitutum possessorium there is transfer of mediate possession while
the immediate possession remains with the transferor
(iv) In Attornment, there is the transfer of mediate possession while immediate
possessionis in the hands; of a third person
(a) (i), (ii), (iii), (iv)
(b) (i). (iii), (iv)
(c) (ii). (iii), (iv)
(d) (i), (ii)
24. What is true
26
(a) corporation aggregate is an "association of human being united for the
purpose forwarding of certain interest
(b) corporation sole is an incorporated series of successive persons
(c) corporation is enclosed with a distinct personality
(d) All the above
25. Who are the jurist who supported the Realistic theory
(i) Pollock
(ii) Maitland
(iii) Jethro Brown
(iv) Dicey
(a) (i), (ii), (iii), (iv)
(b) (i), (ii)
(c) (ii), (iii), (iv)
(d) (i), (iii), (iv)
26. Which is true
(a) Retributive theory in based on "an eye for an eye and a tooth for a tooth
(b) Preventive theory is based on the idea of preventing repetition of crime by
disabling the offender through measures like imprisonment death etc.,
(c) Reformative theory emphasiser on reformation of individual through
methods of individualization
(d) All of the above
27. Who has defined custom as a continuing course of conduct which, by the
acquiescence or express; approval of the community observing it.
(a) Allen
(b) Dias & Hughes
(c) Austin
(d) Gray
28. What are the requisites of a valid custom
(a) Reasonableness
(b) Consistency
(c) Antiquity
(d) All of the above
29. Who are the main exponent of Analytical theory
(a) Austin
(b) Holland
(c) Gray
(d) All of the above
30. Indicate the correct reasons for the growth of delegated legislation
(a) The newly evolved concept of welfare state has caused tremendous
increase in the work of the Government which necessitated a huge bulk of
legislation
27
(b) Parliament found it difficult to lay down especially in certain fields of
technical nature legislation
(c) Delegated legislation is for further deemed necessary to meet the cases of
emergency arising out of war
(d) All the above
31. The term stare decisis means
(a) The opinion of judge
(b) The reason for the judge
(c) Result of progress made in law Reporting
(d) None of the above
32. Who said customary law is nothing but judicial law founded upon anterior
custom
(a) Blackstone
(b) Gray
(c) Austin
(d) Salmond
33. “According to English law the legal memory is fixed at
(a) 1583 AD
(b) 1189 AD
(c) 1200 AD
(d) 1423 AD
34. In order to acquires the status of law, a conventional custom has to fulfill certain
conditions what are they
(i) it should be old enough to be in the knowledge of the people in General
(ii) conventional custom shall be recognized as law so long as it is not contrary
to the general law of the Country
(iii) conventional custom should be reasonable
(iv) conventional custom need not necessarily be confined to a particular area
(a) (i), (ii), (iii), (iv)
(b) (i), (iii)
(c) (ii), (iii), (iv)
(d) (i), (ii), (iii)
35. According to Keeton binding source so law are further divided into
(a) Legislation
(b) Judicial precedents
(c) Customary law
(d) All the above
36. Who are the supporters of concession theory
(a) Savigny
(b) Salmond
(c) Dicey
28
(d) All of the above
37. Choose the correct technique of reformative theory
(a) Release of offenders on probation
(b) Parole
(c) Death sentence
(d) (a & b) is correct but not c
38. Which is true
(a) According to fiction theory corporation is an exclusive creation of law
having no existence apart from its individual members,
(b) (According to realistic theory Corporation has a real existence irrespective
of the fact whether it is; recognized by the state or not
(c) According to Bracket theory juristic personality is only a symbol to facilitate
the working of the corporate
(d) All the above
39. For determining the real characters and status of the company, the Court may
ignore its separate entity and lift the corporate veil, in which case the Court hold
it so
(a) Commissioner of Income Tax v, Meenakshi Mills Ltd.
(b) Colonial Bank v. Whilley
(c) Daimler Co Ltd. v. Continental Tyre and Rubber Company
(d) none of the above
40. What is true
(a) Generally dead men are no longer persons in the eyes of law
(b) Law ensure a decent burial for the dead
(c) Any imputation against a deceased person if it harms the reputation of that
person i lying and is intended to hurt the feeling of his family shall be an
offence
(d) All the above
41. "Any being to whom the law regards as capable of rights or duties, who has
said these regarding legal person
(a) Zitelmana
(b) Allen
(c) Salmond
(d) Holland
42. The law of prescription determines the process by which through the influence
of time possession without title ripens into ownership and ownership without
possession withers-away and dies who said these
(a) Salmond
(b) Allen
(c) Thering
(d) Holland
29
43. When two person are in possession of the something at one and the same time
it is known as
(a) Adverse possession
(b) Constructive possession
(c) Concurrent possession
(d) None of the above
44. "Whenever a person looked like an owner in relation to a thing, he Had
possession of it unless possession was denied to him by rules of law based on
practical convenience, who said these
(a) Salmond
(b) Holland
(c) Ihering
(d) Gray
45. Who supports the concept of corpus and animus in possession
(a) Holland
(b) Savigny
(c) Holmes
(d) All the above
46. The meaning of the word ‘legis’
(a) Law
(b) To make
(c) The state
(d) None of the above
47. The term obiter dicta stands for
(a) The opinion of judge
(b) The decision
(c) The reason for the decision
(d) None of the above
48. "A custom that all the inhabitants shall be rated towards the maintenance of a
bridge will be good, but a custom that every man is to contribute thereto-at-his
own pleasure, is idle and absurd and indeed no custom at all, who said this
(a) Keeton
(b) Blackstone
(c) Halsbury
(d) Coke
49. What is true
(a) development of conventional customs necessarily involves three stages
(b) in the first stage it must be well-established as to have attained the notoriety
of a usage
(c) in the second stage conventional custom gets recognition through judicial
decision
30
(d) all the above
50. Who said custom originated from household and relations of the clans
(a) James Caster
(b) Blackstone
(c) Vinogradoff
(d) Pollock
51. Keeton has classified law into
(a) Binding source of law
(b) Formal source of law
(c) Persuasive source of law
(d) (b & c) but not a
52. “Revenge is the right of injured person. The penalty of wrong doing is a debt
which the offender owes to his victim and when the punishment has been
endured, the debt is paid. The liability extinguished innocence is substituted for
guilty and the vinculum juris torged by crimeis dissolved. The object of true
redress is to substitute justice for injustice.” Who said these
(a) Salmond
(b) Austin
(c) Frank
(d) Pollock
53. The procedural control regarding legislation include
(a) Prior consultation of interests
(b) Prior publicity of proposed rules
(c) Publication of delegated legislation
(d) All of the above
54. Which is true
(a) Bracket theory has been criticized, on the ground that it does not indicate as
to when the bracket may be removed and the corporate mask be lifted
(b) According to concession theory, Juristic personality is a concession granted
to corporations by the state
(c) Concession theory differs from fiction theory in as much it emphasiser on the
discretionary power
(d) All the above
55. “The King is dead, long live the king”, what does the proverb indicates
(a) Praix of King
(b) Double capacity of the crown as a corporation sole
(c) Corporation aggregated nature of crown
(d) All of the above
56. "Legal personality is a medium through which some such units are created in
whom rights can be vested", who has said these regarding Legal persons
(a) Salmond
31
(b) Allen
(c) Paton
(d) Gray
57. What are the modes of acquiring possession
(a) Taking
(b) Delivery
(c) Operation of law
(d) All of the above
58. In which case court applied the principle of piercing the cooperation veil
(a) Colonial Bank v. Whilley
(b) Soloman v. Soloman & Co.
(c) Commissioner of Income Tax v. Meenakshi Mills Ltd
(d) None of the above
59. Who said “exclusiveness is the essence of possession”
(a) Savigny
(b) Salmond
(c) Holland
(d) Gray
60. Who does not support the concept of animus in possession
(a) Salmond
(b) Light wood
(c) Ihering
(d) All the above
61. Salmo regards Legal Status of Animals as
(a) mere subject of rights and duties
(b) mere object of rights and duties
(c) both subject and object of nights and duties
(d) none of the above
62. In which case it was held that corporation can not be held liable in a civil action
involving malice
(a) Abrath v. North Eastern Railway Company
(b) Edward v. Midland Rly. Co
(c) Citizen life Assurance Company v. Brown
(d) All the above
63. Who defined legislation as that source of law which consists in the declaration
of legal rules by a competent authority
(a) Austin
(b) Blackstone
(c) Salmond
(d) Pollock
32
64. To get rid of the fiction of an attributed will be saying that corporation has a real
general will is to drive out one fiction by another, who said these
(a) Salmond
(b) Pollock
(c) Kelson
(d) Gray
65. According to Salmond formal source of law
(a) is that law from which law derives its matter
(b) is that law from which law derives its validity
(c) is that law from which law derives its force and validity
(d) none of these
66. “Custom is a rule of conduct which the governed observe spontaneously and
not in pursuance of law settled by the political superior”, who said these
(a) Allen
(b) Herbert
(c) Halsbury
(d) Austin
67. Who regarded custom posterior to that of themistes on judgements
(a) James Carter
(b) Blackstone
(c) Maine
(d) Puchta
68. "Dicta are of different kinds and of varying degrees of weight, sometimes they
may be called almost casual expressions of opinion upon a point which has not
been raised in the case, and is not rally present to the Judges mind", who said
these
(a) Blackstone
(b) Bentham
(c) Lord Stern dale
(d) None of the above
69. AD which 1189 is the date of legal memory refers to
(a) The year of accession of King Richard
(b) The year of Mango Casta
(c) The year in which common law Courts were established
(d) All the above
70. Who defined custom as the uniformity of habits or conduct of people under like
circumstance
(a) Allen
(b) Dias & Hughes
(c) Austin
(d) Gray
33
71. Justice is a reservoir from where the concept of right duty and equity evolves,
who said these
(a) Salmond
(b) Roscoe Pound
(c) Blackstone
(d) Gray
72. Indicate the correct example for corporation sole
(a) Post-Master General
(b) Comptroller and auditor General of India
(c) President of India
(d) All of the above
73. Which jurist does not recognize a child in the mother’s womb as a legal person
(a) Salmond
(b) Allen
(c) Paton
(d) Gray
74. What is true regarding taking
(a) Taking is the acquisition of possession without the consent of the previous
owner
(b) Taking may be original or derivative
(c) Taking may be rightful wrongful
(d) All of the above
75. Possession of a thing through another is known as –
(a) Mediate Possession
(b) Immediate Possession
(c) Concurrent Possession
(d) None of the above
76. Savigny founded his theory of possession on
(a) The text of Ulpian
(b) The test of Paul
(c) The test of Austin
(d) None of the above
77. In which case the Court held that Mosque’s a juristic person
(a) Maula Buse v. Ha fizuddin
(b) Masjid Shahid Ganj
(c) Naskas v. Commissioner of Income tax
(d) None of the Above
78. Salmond has classified law into
(a) Formal source of law
(b) Material source of law
(c) Fundamental source of law
34
(d) (a & b) is correct but not c
79. Plaintiff claimed a customary right of easement for the shadow falling from the
branches of the tree hanging from the neighbour's field custom The Court will
not recognize such a custom as it is
(a) Not immemorial
(b) Not consistent
(c) Is uncertain and ambiguous
(d) None of the above
80. Who said custom is firstly and essentially a law
(a) Austin
(b) Allen
(c) Holland
(d) Pollock
81. According to Blackstone the law that has its source in legislation is called
(a) Enacted law
(b) Unenacted law
(c) Statute law
(d) (a & c) but not b
82. The Supreme Court of India adopted the doctrine of prospective overruling
(a) Bengal immunity case
(b) Delhi Law Act case
(c) Golak Nath v. State of Punjab
(d) None of the above
83. What has governed the conduct of man from the beginning of time will continue
to govern to the end of time, who said these
(a) James Carter
(b) Blackstone
(c) Allen
(d) Puchta
84. "A custom in order to be legal and binding must have been used so long that
the memory of man runnieth not to the contrary, if anyone can show the
beginning of it, it is no good custom who said this
(a) Keeton
(b) Blackstone
(c) Halsbury
(d) Coke
85. "Local custom as a particular rule which has existed-actually or presumptively
form time immemorial and has obtained the force of law in a particulars locality,
who said these
(a) Keeton
(b) Blackstone
35
(c) Halsbury
(d) Pollock
86. "Before any definite agency or social control is developed there exists control
arising party for the public opinion of the living and more largely from the public
opinion of the dead, who said these
(a) Allen
(b) Herbert Spencer
(c) Halsbury
(d) Austin
87. Salmond has divided the material source of law into –
(a) Formal source of law
(b) Legal sources
(c) Historical sources
(d) (b & c)
88. Wisdom of law and justice is wiser than man’s freedom who said these
(a) Roscoe Pound
(b) Blackstone
(c) Coke
(d) Gray
89. Who has criticized the realistic theory
(a) Gray
(b) Salmond
(c) Pollock
(d) (a & b)
36
(d) all the above
93. In Roman law incorporeal possession is called
(a) Possessio juris
(b) Quasi-possession
(c) Possessio cropris
(d) (a & b) but not c
94. Who are the jurist who supported Fiction Theory
(a) Salmond
(b) Kelson
(c) Holland
(d) All of the above
95. The origin of purpose theory is to be traced back to
(a) General will
(b) Social contract
(c) Stiftung
(d) None of the above
96. Elements required fore the adverse possession
(a) Continuity
(b) Adequate publicity
(c) Peaceful and undisturbed possession for prescribed period
(d) All of the above
97. According to Keeton possessive source so law are divided into
(a) Principle of equity
(b) Professional opinions
(c) Writings of jurist etc
(d) All the above
98. What is true regarding the distinction between custom and prescription?
(a) A course of conduct practiced for a long time give rise to a rule of law
known as custom but if it give rise to a right it is called prescription
(b) In cases of custom rule of immemorial subsists but in the case of
prescription it is governed by statute
(c) Custom originates from long usage where as prescription originate from
Waiver of a right
(d) All of the above
99. Who considered custom as a legal source law
(a) Blackstone
(b) Gray
(c) Austin
(d) Holland
100. What is true
(a) Law mad by universities is known as autonomous legislation
37
(b) Law made by municipal authorities is knows as municipal legislation
(c) Law made by the judicial authorities are known as Judicial legislation
(d) All of the above
101. The word person is of
(a) Latin Origin
(b) Greek Origin
(c) Roman Origin
(d) English Origin
102. Punishment is before all things deterrent and the chief aim of law of crime is
to make the evil-doer an example and warning to all that are like minded with
him, who said these
(a) Salmond
(b) Kelson
(c) Roscoe Pound
(d) Gray
103. Main exponents of historical theory regarding custom
(a) Savigny
(b) Puchta
(c) Blackstone
(d) All of the above
104. Who regarded Custom as a historical material source Section 23 of the
Registration Act,1908 provides the time for presentation of document for
registration from the date of execution before the proper officer as
(a) Austin
(b) Holland
(c) Gray
(d) All of the above
105. Indicate the true statement
(a) taking is original when the object takes has no owner
(b) taking is derivative when the object taken has a previous owner
(c) when a person acquires possession with the consent or co-operation of the
previous owner
(d) all the above
106. Indicate the types of subordinate legislation
(a) Colonial legislation
(b) Executive legislation
(c) Judicial legislation
(d) All of the above
107. The term legislation is derived from
(a) Latin word
(b) Greek word
38
(c) Roman word
(d) English word
108. Who said customary laws completely modify or repeal a statute it may create
a new law and substitute it for statutory rule which has abolished
(a) Savigny
(b) Blackstone
(c) Maine
(d) Puchta
109. Which is a legal personality?
(a) Idol
(b) Guru Granth Sahib
(c) Bible
(d) (a & b) is correct but not c
110. Indicate the incorporeal possession
(a) Possession of copyright
(b) Possession of a trademark
(c) Right to reputation
(d) All of the above
111. State the theories of punishment
(a) Deterrent theory
(b) Realist theory
(c) Preventive theory
(d) All the above
112. Fascist to support the omnipotence of the state have made use of
(a) Fiction theory
(b) Realist theory
(c) Bracket theory
(d) Concession theory
113. The meaning of the words Latum
(a) Law
(b) To make
(c) The state
(d) None of the above
114. Who described custom as transcendent law
(a) Manu
(b) Savigny
(c) Maine
(d) Blackstone
115. "Custom is some kind of special rule which is in actual existence or possibly
followed form times immemorial and which has acquired the force of law in
specified territory", who said these
39
(a) Allen
(b) Herbert
(c) Halsbury
(d) Austin
116. Who said, law the body of principles recognized or enforced by public and
regular courts in the administration of justice.
(a) Salmond
(b) Kelson
(c) Roscoe Pound
(d) Gray
117. Who has criticized the Fiction Theory
(a) Salmond
(b) Pollock
(c) Kelson
(d) Holland
118. A has goods in the warehouse of B and they are sold by A to C, this is case of
(a) Traditio Brevi Menu
(b) Constitutum Possessorium
(c) Attornement
(d) None of these
40
JURISPRUDENCE
TEST PAPER-II
41
Rahul’s
a blue print of success
JURISPRUDENCE
TEST PAPER-III
Time : 2 Hrs.
1. Who described that, “law at any time and place is determined by social
welfare”?
(a) Llewellyn
(b) Allen
(c) Lundstedt
(d) Duguit
2. Who is referred of as the Megalomaniac Jurisprudence?
(a) Thering
(b) Ehrlich
(c) Friedmann
(d) Hegal
3. Who is considered to be the father of modern sociological jurisprudence?
(a) Pound
(b) Friedmann
(c) Thering
(d) Duguit
4. Who defined law as what the Judges declares?
(a) Holmes
(b) Gray
(c) Roscoe Pound
(d) Gray
5. Who is described as the first great sociological jurist?
(a) Gierke
(b) Hauriou
(c) Ihering
(d) Gray
6. Match the following
List-I List –II
A. Nature of Judicial process (i) Llewellyn
B. Some Realism about realism (ii) Plate
C. Republic (iii) Benjamin Cardazo
D. Leviathen (iv) Hobbes
A B C D
(a) (i) (iii) (ii) (iv)
(b) (iii) (i) (ii) (iv)
42
(c) (i) (ii) (iii) (iv)
(d) (iii) (i) (iv) (ii)
7. Who is the founding father of Realist movement in Sweden?
(a) Allen
(b) Hagar Strom
(c) Frank
(d) Pound
8. Whose theory is called social utilitarianism?
(a) Pound
(b) Gierke
(c) Ihering
(d) Gray
9. "The natural law being co-existent with mankind and emanating from god
himself is superior to: all other laws, it is binding over all the countries at all the
times and no man-made law will be valid if it is contrary to the law of natures"
who said, this
(a) Blackstone
(b) Allen
(c) Lundstedt
(d) Duguit
10. Indicate the American Sociologists
(a) Oliver Wendell
(b) Holmes
(c) Benjamin Cardazo
(d) All of the above
11. Who said these in no Realist School as such it is only a movement in though
and work about law?
(a) Cardazo
(b) Jerome Frank
(c) Holmes
(d) Llewellyn
12. Who said, “if American realism is role skeptic Scandinavian realism may be
described as metaphysical skeptical
(e) Allen
(f) Llewellyn
(g) Lundstedt
(h) Duguit
43
A. Reality of group personality (i) Spencer
B. Social solidarity (ii) Gierke
C. Organic theory of society (iii) Duguit
D. Institutional theory (iv) Hauriou
A B C D
(a) (i) (ii) (iii) (iv)
(b) (i) (iii) (ii) (iv)
(c) (ii) (iii) (iv) (i)
(d) (ii) (iii) (i) (iv)
14. Which jurist has evolved the concept of jurial postulates?
(a) Roscoe Pound
(b) Bentham
(c) Duguit
(d) Ehrlich
15. Who said, “life of law has not been logic it has been experience”
(a) Holmes
(b) Blackstone
(c) Allen
(d) Friedmann
16. Herbert Spencer deduced the sources of law into
(i) Divine laws
(ii) Injunctions of the past leaders
(iii) The will of the rules
(iv) Collective opinion of the society
(a) (i), (ii), (iii), (iv)
(b) (i), (iii), (iv)
(c) (i), (iv)
(d) (ii), (iii)
17. What is true regarding the theory of punishment by lhering?
(a) Punishment is a means to a social end
(b) Punishment should be based on retributive or compensatory ground
(c) Punishment should be not based on retributive or compensatory ground
(d) (a) and (c) is correct but not (b)
18. To till it as it really is or to find the tent of law we must look at law in action as
opposed to the doctrinal analysis of law in books who said these regarding
realism
(a) Gray
(b) Holmes
(c) Pound
(d) Duguit
44
19. Who described law as a “set of social facts”
(a) Duguit
(b) Blackstone
(c) Oliver crona
(d) Pound
20. Match the following:
List – I List – II
A. Interpretations of legal history (i) Stammier
B. Theory of justice (ii) Maine
C. Early law and custom (iii) Pound
D. Civilization and growth law (iv) Robson
A B C D
(a) (iii) (i) (ii) (iv)
(b) (iii) (ii) (i) (iv)
(c) (i) (ii) (iii) (iv)
(d) (i) (ii) (iv) (iii)
21. Realist School is different from sociological school in some aspects what are
they
(a) Realist is concerned with the ends of law
(b) Realist is little concerned with ends of law
(c) Realist concentrates a scientific observation of law in its making and
working
(d) (b & c) is correct but not a
22. “Ehrlich’s sociology of law is always on the point of becoming a necessarily
sketchy, general sociology”, who said these
(a) Pound
(b) Friedmann
(c) Dicey
(d) Maine
23. Benjamin Cardazo was primarily concerned with some aspects of law what are
they
(a) How the judges should apply law for deciding cases before them
(b) How the law grows in society
(c) How custom develops
(d) (a & b) is correct but not c
24. Hegel emphasized the following functions of the state
(a) Universal
(b) Particular
(c) Individual aspect
(d) All the above
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25. What is true about lhering
(a) According to him law is the result of constant struggle
(b) According to him law is to serve social purpose
(c) Law is not the only means to control social organism
(d) All the above
26. The Inter dependence of organism, is sociological aspect means the mutual
relations of at members of civilized society and the distribution of a sense of
responsibility far wider than can be comprised within the formula "sovereign and
subject" who said these regarding organic theory
(a) Spencer
(b) Allen
(c) Duguit
(d) Gierke
27. “The only right which any man can possess is the right always to do his duty”,
who said these
(a) Duguit
(b) Allen
(c) Gierke
(d) Pound
28. Match the following
List – I List – II
1. Method and interpretation source law (i) Ehrilch
2. Science and Technique of Law (ii) Roscoe Pound
3. Spirit of the Common Law (iii) Ihering
4. Formative era of the American (iv) Francois Geny
A B C D
(a) (iv) (iv) (ii) (ii)
(b) (i) (ii) (iii) (iv)
(c) (iv) (i) (iii) (ii)
(d) (iv) (iii) (i) (ii)
29. Natural law theory has been interpreted differently at different times due to
(a) Interconnection between politics and religion
(b) Philosophical natures law
(c) The needs of the developing legal thought
(d) None of the above
30. Who has criticized Pound's theory as it confirms the interpretation of wants and
desire to only material welfare of individuals, life completely ignoring the
personal freedoms which are equally important for a happy social living
(a) Friedmann
(b) Blackstone
(c) Allen
46
(d) Holmes
31. Who said state should protect only those rights of individual which are
necessary conditions of his personal existence
(a) Kant
(b) Grotius
(c) Fichte
(d) Hegel
32. "Laws of a particular nation should be determined by its national characteristics
and must bear relation to the climate of each, the quality of each soil, the
situation and extent the principal occupations of the natives and above all, to
the degree which the constitution to the religion of the inhabitants to their
inclinations, riches commerce manners and customs who said these
(a) Auguste Comte
(b) Montesquieu
(c) Spencer
(d) Rudolph lhering
33. Who propounded that law is realised through struggle and self-assertion
(a) Iheirng
(b) Gierke
(c) Duguit
(d) Pound
34. In SP Gupta v. UOI who highlighted the need of a new sociological
jurisprudence in the following words.
"Today a vast social revolution is taking place in the judicial process, the law is
fast changing: and the problem of the poor are coming to the fore front. The
Court has to innovate new methods and device new strategies for providing
access to justice to large masses of the people who are denied their basic
Human Rights and to whom freedom and liberty has no meaning"
(a) J. Sawant
(b) J. Iyer
(c) J. Bhagwati
(d) J Desai
35. Who said new natural law is value loaded, value oriented and value conscious?
(a) Pound
(b) Grotius
(c) Friedmann
(d) Allen
36. Indicated the chronology of jurist
(i) Grotius
(ii) Kant
(iii) Hegel
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(iv) Scbelling
(a) (i), (ii), (iii), (iv)
(b) (iii), (ii), (i), (iv)
(c) (i), (iii), (ii), (iv)
(d) (i), (ii), (iv), (iii)
37. According to Pound Main task of law is
(a) Social Contract
(b) Social Engineering
(c) Law and Order
(d) None of the above
38. The part of natural law which was applicable to both Roman citizen as well as
foreignness
(a) Jus civle
(b) Jus gentium
(c) Law and order
(d) All of the above
39. In the case of AK Kripak v. Union of India Court emphasized the importance of
(a) Philosophical law
(b) Analytical law
(c) Historical law
(d) Natural law
40. “Formulation of jural poslulates of the time and place is one of the most
important achievements of recent legal science”, who said these
(a) Burke
(b) Kant
(c) Hegel
(d) Pound
41. Fuller list how many requirements of inner morality law?
(a) Five
(b) Six
(c) Seven
(d) Eight
42. Who described natural law as a law which derives its validity form its own
inherent valves differentiated by its living and organic properties
(a) Blackstone
(b) Dias and Hughes
(c) Pound
(d) Grotius
43. Who propounded the organic theory of the society?
(a) Pound
(b) Ausguste Comte
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(c) Herbert Spencer
(d) Duguit
44. Indicate the correct chronology of jurists
a. Roscoe Pound
b. Francois Geny
c. Duguit
d. Eugen
(a) (iii), (iv), (ii), (i)
(b) (iii), (iv), (i), (ii)
(c) (iv), (iii), (i), (ii)
(d) (i), (ii), (iii), (iv)
45. Match the following
A. Jurat Postulate – I (i) In civilized society men must be able to assume
that they may control for benefit purposes what
they have created for their own use
B. Jural Postulate – II (ii) In civilized society men must be able to assume
that others will commit no intentional aggression
upon them.
C. Jural Postulate – Ill (iii) In civilized society men must be able to
assume that these who engage in some course of
conduct/will act with due care not to cast an
unreasonable risk of injury
D. Jural Postulate – IV (iv) In civilized society men must be able to assume
that with whom they deal as a member of the society
will act in
A B C D
(a) (ii) (i) (iv) (iii)
(b) (ii) (iv) (i) (iii)
(c) (iv) (iii) (i) (ii)
(d) (i) (ii) (iii) (iv)
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(b) They regarded law as a social institution essentially inter-linked with other
disciplines bearing direct impact on the society
(c) Sociological School completely discoid the abstract nations which lay over-
emphasis on command as also the dead weight of past culture and
traditions.
(d) All the above
48. Who defined law as "the standard of conduct which is consequence of the inner
impulse that urges man towards a reasonable form of life, emanate from the
whole and is forced upon the individual".
(a) Grotious
(b) Kant
(c) Kohler
(d) Hegel
49. Rousseau’s General will was called
(a) Jus civilie
(b) Vol lonte generale
(c) Jus gentium
(d) None of the above
50. Who is considered to be the representative of nature law of medieval age
(a) Thomas Aquinas
(b) Locke
(c) Plato
(d) Grotius
51. Who is lhering the father of modem sociological jurisprudence?
(a) Pound
(b) Friedmann
(c) Dicey
(d) Maine
52. Friedmann has criticized Ehrlich’s in the following terms
(a) It gives no clear criterion, by which to distinguish a legal from any other
social norm
(b) Ehrlich confuses the position of custom as "a source of law with custom as
type of law
(c) Ehrlich refuses to follow up the logic of his own distinction between specific
legal state norms and legal norms where the state merely adds sanction to
social life.
(d) all the above
53. Who propounded the “institutional theory”?
(a) Duguit
(b) Allen
(c) Hauriou & Renard
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(d) Jenks
54. The main reason for the revival of natural law in 20th Century
(a) 19th Century legal theories which over-emphasised positivism failed to
satisfy the aspirator of the people
(b) exaggerated importance to historical had given rise to fascism in Germany
approach giving undue significance to cultural facts!
(c) the impact of materialism and changed socio-political conditions compelled
the 20 century legal thinkers to look for some value-oriented ideology
(d) All the above.
55. “Law is just if it furthers social ideal i.e. harmonises individual interests with
those of society”, who said these
(a) Kant
(b) Hegel
(c) Grotius
(d) Stammler
56. Which school of jurisprudence is called “Left wing of the functional school”?
(a) Sociological School
(b) Analytical School
(c) Realist School
(d) Philosophical School
57. According to Maine Societies that do not progress beyond the era of
spontaneous legal development are
(a) Progressive societies
(b) Static societies
(c) Regressive societies
(d) None of the above
58. The principle exponent of pragmatism which led to the development of realism
later
(a) Jerome Frank
(b) O W Hones
(c) William Jones
(d) Roscoe Pound
59. Match the following
List – I List – II
A. Law in Quest of itself (i) Lloyd Dennis
B. Introduction to jurisprudence (ii) Friedmann
C. A Text book of jurisprudence (iii) Fuller
D. Legal theory (iv) Paton
A B C D
(a) (iii) (ii) (iv) (i)
(b) (iv) (ii) (iii) (i)
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(c) (iv) (ii) (iii) (i)
(d) (iv) (iii) (ii) (i)
60. Sociological school of law studies
(a) The nature of law
(b) The law as it is
(c) The effect of law and society on each other
(d) None of the above
61. Match the following
List – I List – II
A. Philosophy of law (i) Stammler
B. Interpretation of legal history (ii) Kohler
C. Theory of law (iii) Roscoe Pound
D. Formal business law (iv) Del Vecchio
A B C D
(a) (ii) (i) (iii) (iv)
(b) (ii) (iii) (i) (iv)
(c) (iii) (ii) (iv) (i)
(d) (iii) (iv) (ii) (i)
62. Who said the prophesies of what the Courts will do in fact, and nothing more
pretentions are what mean by the law
(a) Gray
(b) Holmes
(c) Pound
(d) Duguit
63. Which Italian Jurist supported Stammler’s legal philosophy?
(a) Friedmann
(b) Robson
(c) Del Vecchio
(d) Gray
64. Who said virtue is knowledge and whatever is not virtuous is sin
(a) Plato
(b) Socrates
(c) Aristotle
(d) None of the above
65. According to Finis basic goods are of law many types
(a) 5
(b) 6
(c) 7
(d) 8
66. Who said state and law both are evolutionary product of reason
(a) Kant
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(b) Hegel
(c) Gray
(d) Stammler
67. Who has said about Realist School that, "This approach is its true perspective
is an attempt to rationalise and mercerize the law both administration of law and
the material for legislative change".
(a) Alien
(b) Julius Stone
(c) Friedmann
(d) Frank
68. According to Geny free scientific research is based on
(a) Autonomy of will
(b) Maintenance of public order and public interest
(c) Proper balancing of conflicting private interests of individuals
(d) All of the above
69. Who propounded division of labour as the most important fact of social
cohesion?
(a) Duguit
(b) Allen
(c) Spencer
(d) Gierke
70. According to Pound private interests include
(a) The interests of domestic relations of persons such as husband and wife
(b) The interests of property, succession/testamentary disposition
(c) Individuals interests of personality like reputation, conscience
(d) All the above
71. Indicate the stage of sociological jurisprudence in the correct order
1. Empirical scientific approach to law
2. The impact of Darwinian Evolutionary theory
3. Impact of psychological theories
4. Unifications stage
(a) 1, 2, 3, 4
(b) 4, 3, 2, 1
(c) 1, 3, 2, 4
(d) 2, 1, 4, 3
72. Match the following
List – I List – II
A. Natures and source of law 1. Jerome Frank
B. The Path of Law 2. Wilhelm Lundstedt
C. Law and the modem mina 3. W Holmes
D. Legal thinking revised 4. Gray
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A B C D
(a) 1 3 4 2
(b) 1 3 2 4
(c) 4 3 1 4
(d) 4 3 2 1
73. Who emphasized the need for perfect division of labour?
(a) Plato
(b) Socrates
(c) Aristotle
(d) None of the above
74. Indicate the correct Chronology of Jurists
1. Gierke
2. Duguit
3. Spencer
4. Auguste Comte
(a) 4, 3, 1, 2
(b) 4, 3, 2, 1
(c) 3, 4, 1, 2
(d) 3, 4, 2, 1
75. Who is considered to be the ‘American Leader’ in the field of sociological
Jurisprudence?
(a) Roscoe Pound
(b) Ehrilich
(c) Stammler
(d) Hegel
76. According to Pound Social interest include
(a) Interest in the preservation of peace, general health, security of transactions
etc.
(b) Interest preserving general morals by prohibiting transactions which are
against morality such as prostitution
(c) Interests in conservation of social resources, g natural resources,
reformation of delinquent's
(d) all the above
77. Who says, "law is the guarantee of the conditions of life of society, assured by
the states power of constraint"
(a) Gierke
(b) Hauriou
(c) Ihering
(d) Gray
78. Thomas Aquinas classified the law into.
(a) Law of God
54
(b) Natural law revealed through reason
(c) Human Law called Positive law
(d) All the above
79. Friedmann calls philosophical school as
(a) Ethical School
(b) Philosophical analyticism
(c) Philosophical Historism
(d) none of the above
80. Who treated Politics, economics law and other disciplines relating to social
sciences as indispensable social institutions based on common values such as
Habils attitudes traditions creed etc.?
(a) Llewellyn
(b) Jerdme Frank
(c) Holmes
(d) Arnold
81. Who defined law "as containing the rules the principles, conceptions and
standard of conduct and decision as also the precepts and doctrines of
professional rules of art"?
(a) Bryce
(b) Duguit
(c) Roscoe Pound
(d) Gierke
82. Societies which go on developing their law by new methods are called
progressive
(a) Progressive societies
(b) Static societies
(c) Regressive societies
(d) None of the above
83. According to Geny the solution of social problems lies in
(a) Custom
(b) Scientific research
(c) Decisions of Court
(d) None of the above
84. "Stammler was form between his desire as a philosopher to establish a
universal science of law and his desire as a teacher of civil law to help in the
solution of actual cases", who said these
(a) Brown
(b) Gray
(c) Friedmann
(d) Robson
55
85. Who propounded certainty of law is a myth
(a) Analyst
(b) Positivist
(c) Realist
(d) None of the above
86. What is true about Duguit theory?
(a) He attached the concept of Sovereignty and stood for the minimum function
of state
(b) According to Duguit there is no distinction between public and private law
(c) He denies the existence of private right
(d) All the above
87. Who opined that Realist School appears as another avatar of the sociological
Jurisprudence?
(a) Allen
(b) Julius Stone
(c) Friedmann
(d) Frank
88. Match the following:
List – I List – II
A. Austinian Theory of law i) Dias
B. Civilization and the growth of law ii) Robson
C. Jurisprudence iii) Jethro Brown
56
91. Who defined Natural Law as “reason unaffected by desires”
(a) Plato
(b) Socrates
(c) Aristotle
(d) None of the above
92. "Law is what the Court has decided in respect of any particulars set of facts
prior to such a decision. The opinion of lawyers is only a guess as to what the
Courts will decides, and this cant not be treated as law unless the Court up
decides by judicial pronouncement who said these
(a) Gray
(b) Pound
(c) Holmes
(d) Jerome Frank
93. At present as well as at any other time the center of gravity of legal
development lies not in legislation, nor in juristic science, nor in judicial
decision, but in society itself, who said these
(e) Ihering
(f) Ehrlich
(g) Pound
(h) Duguit
94. According to Rousseau, by the social contract-men united for the preservation
of their rights of freedom and equality for this they surrendered their rights not to
a single individual-sovereign, but to the community. Rousseau names this
community
(a) General Will
(b) Inner Morality
(c) Living Law
(d) None of the above
95. Who has stated that the history of natural law is a state of the search of
mankind for absolute justice and its failure?
(a) Friedmann
(b) Blackstone
(c) Maine
(d) Grotius
96. Roscoe Pounds approach is known as
(a) Imperative approach
(b) Comparative School
(c) Analytical School
(d) Functional School
97. Who propounded the concept of social solidarity?
(a) Duguit
57
(b) Allen
(c) Spencer
(d) Gierke
98. Indicate the Scandinavian Jurist who belong to realist School
(a) Hagar Stone
(b) Oliver Crona
(c) AIF Ross
(d) All of the above
99. Indicate the general characteristic of natural law
(a) It is basically a prior method different from empirical method.
(b) It symbolizes physical law of nature based on moral ideals which has
universal applicability at all places and terms
(c) It has often been used either to defend a change as to maintain status quo
according to the needs and requirements of the time
(d) All the above
100. Who described Realist school as a gloss on the sociological jurisprudence?
(a) Allen
(b) Julius Stone
(c) Friedmann
(d) Frank
101. "Fidelity to nature accurate recording of thing as they are, as contrasted with
things as they are imagined to be, or wished to be or as one feels they ought to
be", who has said these about realism
(a) Ehrlich
(b) Roscoe Pound
(c) Jerome Frank
(d) Stammler
102. Match the following
List – I List – II
A. Sociology of Law i) Durkheim
B. Province and Function of law ii) Max Weber
C. Law as a means to an end iii) Julius Stone
D. Division of labour in society iv) Ihering
A B C D
(a) (iii) (i) (ii) (iv)
(b) (ii) (iii) (iv) (i)
(c) (ii) (iv) (iii) (i)
(d) (iii) (ii) (i) (iv)
103. According to Pound Public interest include
(a) Interests in the preservation of the state as such
58
(b) State as a guardian of social interests such as administration of trust
protection of natural environment
(c) Preserving social institutions such as religion political and economic
institution etc.
(d) (a & b) is correct but not c
104. Who defined law" as the standard of conduct which in consequence of the
inner impulse that urges men forwards a reasonable form of life emanates from
the whole--and is forced upon the individual
(a) Kohler
(b) Grotius
(c) Fuller
(d) Stammler
105. According to François Geny the source of law include
1. French Code
2. Custom
3. Authority of judicial decisions
4. Free Scientific research
(a) 1, 3, 4
(b) 1, 2, 3, 4
(c) 1, 4
(d) 2, 3
106. Who propounded the theory of social contract?
(a) Rousseau
(b) Kohler
(c) Finis
(d) Stammler
107. According to Friedmann who are the mental founders of realist movement in
America
(a) Flomes
(b) Gray
(c) Cardazo
(d) All of the above
108. About whom it is said, "for them law never is but is always about to be”
(a) Analyst
(b) Positivist
(c) Historical school
(d) Realist School
109. According to Pound what are the interest to be protected by law
(a) Private interests
(b) Public interest
(c) Social interests
59
(d) all the above
110. Who propounded that Judge does not make law
(a) Cardazo
(b) Jerome Frank
(c) Holmes
(d) Llewellyn
111. Indicate the correct chronology of jurist
1. Thomas Aquinas
2. Hugo Grotius
3. Thomas Hobbes
4. John Locke
(a) 1, 3, 2, 4
(b) 1, 2, 3, 4
(c) 4, 3, 2, 1
(d) 2, 1, 3, 4
112. Who propounded the concept of living law?
(a) Ihering
(b) Ehrlich
(c) Friedmann
(d) Hegel
113. Roman Legal system is divided into
(a) Jus civle
(b) Jus gentium
(c) Jus naturale
(d) All of the above
114. What is true about natural law
(a) Natural law is external and unalterable
(b) Natural Law is not made by man but only discovered by man
(c) Natural law is not enforced by any external agency
(d) All the above
115. "Law is nothing but the very life of mankind in organized groups and the
foundation which make possible peaceful-co-existence of masses of individuals
and social groups and the cooperation for other ends than mere existence and
propagation", who said these
(a) Hager Stone
(b) Willhelm Lundstedt
(c) Oliver Crona
(d) AIF Ross
116. Who propounded the theory of inner morality of law
(a) Kohler
(b) Grotius
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(c) Fuller
(d) Stammler
117. Who has said the greatest attribute the natural law theory is its adoptability to
meet new challenges of the transient society
(a) Blackstone
(b) Dias
(c) Pound
(d) Grotius
118. Match the following
List – I List – II
A. Bentham 1. Positivist School
B. Maine 2. Historical School
C. Pound 3. Sociological School
D. Grotius 4. Natural School
A B C D
(a) 1 2 3 4
(b) 1 3 2 4
(c) 3 4 2 1
(d) 3 2 4 1
119. Who interpreted natural law as a set of principles of practical reasonableness
in ordering human society?
(a) Kohler
(b) Grotius
(c) Finis
(d) Stammler
120. Indicate the jurist who belong to the Ancient Natural law School
(a) Heraclitus
(b) Socrates
(c) Plato
(d) All of the above
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JURISPRUDENCE
TEST PAPER-III
62
JURISPRUDENCE
TEST PAPER - IV
TIME : 2 HOUR
63
(d) (a & b) is correct but not c
8. Who defines right as a legally protected interest
(a) Ihering
(b) Salmond
(c) Austin
(d) Holland
9. The fifth element of legal right according to Salmond is
(a) the person of inherence
(b) the person of incidence
(c) contents of the right
(d) title of the right
10. Who said that English law-reached the concept of ownership as an absolute
right through developments in the law of possession
(a) Holds worth
(b) Allen
(c) Blackstone
(d) Coke
11. Jural Contradictory of power
(a) liability
(b) disability
(c) immunity
(d) right
12. Who has defined ownership as the ultimate right to the enjoyment of a thing
(a) Holland
(b) Gray
(c) Salmond
(d) Keeton
13. Indicate the correct distinction between condition precedent and condition
subsequent
(a) A condition precedes the creation of an interest but in case of condition
subsequent the interest is created first and the condition subsequent
operates and diverts it afterwards
(b) An interest once created can never be divested by reasons of non-
fulfillment of a condition precedent but in the case of condition
subsequent an interest even though vested, is liable to be divested by
reason of non-fulfillment of the condition
(c) The doctrine of cypress applies in case of condition precedent, but it
does not apply in case of condition subsequent
(d) All the above
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14. Possession is a relation between a person and a thing which indicates that the
person has an intention to possess that thing and has the capacity of
disposing of it who observed this
(a) Salmond
(b) Allen
(c) Prof. Zachaiae
(d) Gray
15. What is True?
(a) Parliamentary control is a method of controlling delegated legislation
(b) In India this parliamentary control is exercised through the committee
on subordinate legislation
(c) In USA since the executive is not responsible to the legislature and
therefore congressional control of delegated legislation is mostly
indirect
(d) All the above
16. The mischief rule was enunciated in the case of
(a) Hyden's case
(b) Delhi Laws Act case
(c) Alien v. Emmerson
(d) none of the above
17. In which case it as held by the housed of Lords that in appropriate cases, they
can deviate from the previous law
(a) Bridge v. Hawer worth
(b) Galle v. Lee & another
(c) Donoghue v. Steveson
(d) none of the above
18. The defendant company took the land of the plaintiff for erecting a gas plant.
When the excavation work was on the defendant company discovered a pre-
historic boat six feet below the surface of the land, who is having possession
(a) The defendant company
(b) The plaintiff
(c) both of them
(d) none of them
19. According to Hibbert ownership consists of
(i) Right to use a thing
(ii) Right to exclude others from using the thing
(iii) Right to destroy it
(iv) Right to dispose of
(a) (i), (ii), (iii)
(b) (i), (iii), (iv)
(c) (i), (ii), (iii), (iv)
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(d) (ii), (iii)
20. Ownership of Material object is called
(a) Trust-ownership
(b) sole-ownership
(c) corporeal ownership
(d) vested ownership
21. Which is known as the Golf-ball case
(a) Hibbert v, Mc Kiernan
(b) Hannah v. Peel
(c) Bridges v Hawke worth
(d) South Stafford Shire Waterworks Co v. Sharman
22. Who defines wrong as an act contrary to the rule of right and justice?
(a) Austin
(b) Salmond
(c) Gray
(d) Allen
23. Who defines right as an interest recognized and protected by a rule or justice
(a) Hibbert
(b) Keeton
(c) Allen
(d) Salmond
24. Will theory of legal right has been supported by
(a) Hegel
(b) Hume
(c) Kant
(d) all the above
25. An example of a imperfect right
(a) Right to reputation
(b) time-barred debt
(c) not to commit nuisance
(d) none of the above
26. Choose the right example for primary duty
(a) to for bear from causing personal injury
(b) not to defame others
(c) duty to pay damages for injury to person
(d) (a & b) is correct but not c
27. Concept of ownership has its origin in
(a) Greek Law
(b) Latin Law
(c) Roman Law
(d) Hindu Law
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28. Choose the correct statement
(a) Legislation is generally prospective whereas precedent is retrospective
in nature
(b) Legislation is declared or published before it is brought into force but
precedent comes into force at once
(c) Legislation involves law-making by deductive method whereas case-
law is created by resort to inductive method
(d) All the above
29. Indicate the circumstances which destroy the binding force of judicial
precedents
(a) ignorance of statute
(b) precedent subsilentio
(c) inconsistency between earlier decision of higher court
(d) all the above
30. Match the following:
A. The new Jurisprudence (i) Gray
B. Nature and Source of law (ii) Jenks Edward
C. Legal Rights (iii) Pollock
D. Jurisprudence and Legal Theory (iv) Pound
A B C D
(a) (iii) (i) (ii) (iv)
(b) (iii) (i) (iv) (ii)
(c) (ii) (i) (iv) (iii)
(d) (ii) (iv) (i) (iii)
31. Who has said the definition of ownership as given by Salmond suggests that
from the point of time, the concept of ownership of right must be prior to that
ownership of material objects but Historically it appears just the reverse of it
(a) Pollock
(b) Allen
(c) Glanville William
(d) Gray
32. A real right corresponds to
(a) a duty imposed an certain persons
(b) a duty imposed on persons in general
(c) duty imposed on sovereign
(d) none of the above
33. Salmond has preferred to use in place of the term right
(a) liberty
(b) claim
(c) power
(d) duty
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34. The person of inherence is called
(a) the subject of right
(b) the object of right
(c) the content of right
(d) none of the above
35. "Right is a freedom allowed and power conferred by law”, who said these
(a) Pollock
(b) Salmond
(c) Gray
(d) Holland
36. "Right is a range of action assigned to a particular will within the social order
established by law... A right therefore supposes a potential exercise of power
in regard to things or person... when a man claims something as his right, he
claims it as his own or as due to him, who said these
(a) Ihering
(b) Holland
(c) Vinogradoff
(d) Hibbert
37. Who said commission of a wrong is the breach of duty and the performance of
a duty is avoidance of wrong
(a) Austin
(b) Salmond
(c) Gray
(d) Subbarao
38. Legal right is that power which a man has to make a person or person do or
refrain from doing a certain act of certain acts so far as the power arises from
society imposing a legal duty upon a person or person who has defined right
in the above terms
(a) Hibbert
(b) Holland
(c) Gray
(d) Paton
39. Corpus possessionis under the Roman low indicate
(a) physical control over the thing
(b) exclusive control over the thing
(c) absolute control over the thing
(d) none of the above
40. Who said, "function of Judge is to discover in the existing law the principles
that govern the facts of individual cases"
(a) Blackstone
(b) Bentham
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(c) Allen
(d) Caster
41. A purchased a bureau at an auction and took possession of it. Subsequently
he discovered that there was some money in the secret drawer but he
appropriated it. Who is having the possession
(a) A, the purchaser
(b) The vender
(c) Government
(d) none of the above
42. "Possession of a material object is the continuing exercise of a claim to the
exclusive use of it", who said this
(a) Austin
(b) Salmond
(c) Savigny
(d) Pollock
43. Who defined ownership as a collection of rights privileges and powers
(a) Pollock
(b) Paton
(c) Hoh feld
(d) Buck land
44. Primary and Sanctioning Rights are called
(a) Principal and Accessory Right
(b) Antecedent and Remedial right
(c) Vested and contingent right
(d) none of the above
45. Who has supported the concept of absolute duty of Austin
(a) Salmond
(b) Pollock
(c) Keeton
(d) Allen
46. Indicate the absolute duties from the following:
(a) duty towards God
(b) duty towards State
(c) not to Commit Suicide
(d) all the above
47. When an appropriate legislature enacts a law and authorities an outside
authority to bring it into force in such area on at such time as it may decide, it
is called
(a) delegated legislation
(b) sub-delegated legislation
(c) conditional legislation
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(d) none of the above
48. Duties can be of various types, choose the correct one
(a) Positive and Negative duties
(b) Primary and Secondary duties
(c) Absolute and Relative duties
(d) All the above
49. Salmond considers absence of right as
(a) Co-relative of duty
(b) Co-relative of liberty
(c) Co-relative of power
(d) none of the above
50. Who has defined ownership as a plenary control over an object
(a) Holland
(b) Gray
(c) Salmond
(d) Keeton
51. What are the modes of acquisition of ownership
(a) absolute
(b) extensive
(c) accessory
(d) all the above
52. Indicate the correct statement
(a) Roman Law distinguished detention from custody
(b) In case of detention a person was to have real possession mod control
over a thing though he may or may not have ownership
(c) Custody, involved possession and contact without ownership
(d) All the above
53. Co-ownership can be divided into
(a) ownership in common
(b) Joint ownership
(c) Beneficial ownership
(d) (a & b) is correct but not c
54. The term ownership was used in English law for the first time in
(a) 1500
(b) 1583
(c) 1673
(d) 1782
55. Indicate the absolute duties suggested by Austin
(a) Self regarding duties
(b) Dulles towards indeterminate person
(c) Duties towards God
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(d) all the above
56. Who denies the existence of right
(a) Austin
(b) Salmond
(c) Duguit
(d) Holland
57. Primary duty is
(a) exists perse
(b) exists in relation to other
(c) both the above
(d) none of the above
58. The main proponent of interest theory
(a) Hegel
(b) Hume
(c) Ihering
(d) Kant
59. Correlative of liberty is
(a) duty
(b) liberty
(c) claim
(d) no right
60. Possession is the objective realization of ownership, who said this
(a) Allen
(b) Gray
(c) Holland
(d) Ihering
61. In which case the Court held that the possession belong to the person who
has found the broom against the owners who has never in occupation of the
house
(a) Hibbert v. Mc Kiernan
(b) Hannah v. Peel
(c) Bridges v Hawke worth
(d) South Stafford Shire Waterworks Co v. Sharman
62. Indicate the correct persuasive
(a) foreign judgment
(b) decision of superior Courts.
(c) obiter dicta
(d) all the above
63. What does the golden rule of interpretation states
(a) Words of the statute must prima-face be given their ordinary meaning
(b) Words of the statute must not be given their ordinary meaning
71
(c) Historical facts have to be looked into
(d) None of the above
64. The term ratio decidedi means
(a) the opinion of judge
(b) the decision
(c) the reason for the decision
(d) none of the above
65. Who has defined ownership “in its most comprehensive signification, denotes
the relation between a person and a right that is vested in him"?
(a) Salmond
(b) Austin
(c) Holland
(d) Gray
66. Indicate the correct proprietary right
(a) money in one's pocket
(b) right to land
(c) right to reputation
(d) (a & b) is correct but not c
67. "Rights are powers which it is for general well-being that the individual should
possess", who said these
(a) Buck land
(b) Blackstone
(c) Kant
(d) T. H Green
68. Who said, A duty is an act or forbearance compelled by the state in respect of
a right vested in another and the breach of which is a wrong
(a) Hibbert
(b) Keeton
(c) Salmond
(d) Gray
69. According to Salmond following are the essential elements a legal right
(i) Right is that which, other persons ought to do in my behalf
(ii) Liberty is that which I may do without the interference of law
(iii) Power is that which I may do without the interference of law
(iv) Immunity is that which other persons cannot effectively in respect of me
(a) (i), (ii), (iv)
(b) (i), (iv)
(c) (i), (ii), (iii), (iv)
(d) (ii), (iii)
70. Ownership was termed as
(a) dominium
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(b) possessio
(c) Jure gentium
(d) all the above
71. To gain possession a man must stand in certain physical relation to the object
and to the rest of the world and must have a certain intent", who said these
(a) Salmond
(b) Savigny
(c) Allen
(d) Holmes
72. To be legal, the possession required two elements what are they
(a) Corpus
(b) recognition
(c) Animus
(d) (a & b) but not c
73. A, the owner of a house permitted lady to keep her luggage in same of his
rooms. The lady sent her luggage through some one who kept the luggage in
the rooms shown by the owner and locked the same and handed over the
keys to the lady. Who is having the possession
(a) A
(b) lady
(c) both
(d) none of them
74. Grammatical interpretation is called
(a) golden rule
(b) Ejuselem generis rule
(c) Mischief rule
(d) none of the above
75. Who criticized declaratory theory as hypocritical and a childish fiction
employed by common law judges that law is not made by them
(a) Blackstone
(b) Bentham
(c) Austin
(d) Allen
76. Golf ball lost on a golf-link and abandoned by the owners were picked up by a
trespasses the golf ground. Who is having possession
(a) owner of the golf-link
(b) trespasser
(c) Secretary and members of the club
(d) none of the above
77. According to whom the essence of corporeal possession is to be found in the
physical power of exclusion who said these
73
(a) Salmond
(b) Savigny
(c) Allen
(d) Pollock
78. The vertical arrows in the table given by Hoh feld's indicate
(a) Jural contradictories
(b) Jural co-relatives
(c) Jural opposites
(d) none of the above
79. Duguit's views of absence of right has been criticized by
(a) Laski
(b) Jenks
(c) Salmond
(d) (a & b) but not c
80. "A state compels children to go to school or to be vaccinated prohibits the sale
of certain drugs or alcoholic liquors or forbids the importation of animals which
have not first been quarantined. In such cases, the state has no
corresponding right, particularly the duties enforced by criminal law are
absolute duties", who said these
(a) Hibbert
(b) Keeton
(c) Allen
(d) Salmond
81. "In a strict sense legal rights are co relative of legal duties and are defined as
interests which of the legal duties and are defined as interests which the law
protects by imposing corresponding duties on others. But in a generic sense,
the word right is used to mean an immunity from the legal power of another
immunity is exemption from the power of another in the same way as liberty is
exemption from the right of another. Immunity is short is not subjection".
In which case the Supreme Court observed above regarding nights.
(a) State of West Bengal v UOI
(b) State of Rajasthan v UOI
(c) Sabestian Hongrey v. UOI
(d) Bhim Singh v. State of Jammu and Kashmir
82. Right in re-propria and rights in re-aliena stands for
(a) Right over some one's property and right over ones property
respectively
(b) Right over one's own property and right in some ones property
respectively
(c) Real and personal rights
(d) None of the above
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83. When ownership is vested in single person it is called
(a) Trust-ownership
(b) sole-ownership
(c) corporeal ownership
(d) vested ownership
84. Choose the correct one, what can be owned from the following
(a) Right to speech
(b) wild animals in forest
(c) Air
(d) none of the above
85. What is called jur ad rem
(a) a right vested in some person
(b) right which originated from another right
(c) right vested in some other person
(d) none of the above
86. According to Salmond following are the essential elements of legal right.
(i) The person of inherence
(ii) The person of incidence
(iii) Contents of the right
(iv) Subject matter of right
(a) (i), (iii), (iv)
(b) (i), (ii), (iii), (iv)
(c) (ii), (iii), (iv)
(d) (i), (iii)
87. Who has defined ownership as a right which avails against everyone who is
subject to the law conferring the right to put thing to user of indefinite nature?
(a) Salmond
(b) Austin
(c) Holland
(d) Gray
88. According to whom the relationship between ownership and possession is
same as that of body and soul
(a) Gray
(b) Blackstone
(c) Sethna
(d) Holland
89. Plaintiff company owned a pond upon their land. The company employed the
defendant to clean the pond. During the cleaning operation the defendant
found gold ring at the bottom of the pond. Who is having possession
(a) The company
(b) defendant
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(c) public
(d) none of them
90. Supreme Court of India has utilised the mischief rule laid down in Hyden's
case to
(a) Delhi Laws Act case
(b) Mudalias v. Venkatachalam
(c) Bengal immunity case
(d) none of the above
91. What is true?
(a) in India High Courts are bound by the decisions of the Supreme Court
(b) decision of one High Court is not binding on another High Court
(c) Supreme Court is hot-based bound by its own decision
(d) all the above
92. Indicate the correct statement
(a) English law does not distinguish between custody and detention
(b) the mental element to bold possession and control over a thing to the
exclusion of all others was called Animus
(c) the physical control over a thing is called corpus
(d) all the above
93. Who defined ownership as the entirety of the powers of use and disposal
allowed by law
(a) Keeton
(b) Pollock
(c) Buck land
(d) Holland
94. Jural correlative of power is
(a) liability
(b) disability
(c) immunity
(d) right
95. Who said, "Rights are what others are to do for me, liberties are what I may do
for myself"
(a) Salmond
(b) Pollock
(c) Keeton
(d) Allen
96. Salmond has criticized Ihering on what ground?
(a) It over looked the element of protection by state
(b) It over looked the element of recognition by state
(c) it over looked the acceptance by people
(d) none of the above.
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97. There can be no duty without a right any more than there can be a husband
without a wife or parent without a child, who said these
(a) Hibbert
(b) Keeton
(c) Allen
(d) Salmond
98. Who denies the existence of title as an essential element of legal right
(a) salmond
(b) Holland
(c) Keeton
(d) Allen
99. Who criticized Salmond's definition of ownership as an unnecessary
conclusion
(a) Pollock
(b) Gray
(c) Cook
(d) Gierke
100. "The essence of legal right seems to be, not legally guaranteed power by itself
nor legally protected interest by itself but the legally guaranteed power to
realise an interest", who said these words
(a) Salmond
(b) Allen
(c) Holland
(d) Gray
101. Who has brought out the concept of right and its legal co-relatives
(a) Austin
(b) Allen
(c) Hoh feld
(d) None of the above
102. According to Holland ownership confers on the person
(a) right to possession
(b) right to enjoyment
(c) right to disposition
(d) all the above
103. Man is said to possess or to b in possession of any thing of which he has the
apparent control, or from the sue of which he has the apparent power of
excluding others who said these
(a) Salmond
(b) Savigny
(c) Pollock
(d) Holmes
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104. In which, has Court laid down the printable that essential legislative function
cannot be delegated
(a) Bennett Coleman v UOI
(b) Delhi Laws Act case
(c) R v. Karson
(d) Blundell v. Catterall
105. What is true?
(a) judicial precedent is an important source of law
(b) precedents may be authoritative of persuasive
(c) authoritative precedent is one which has a binding force and the judge
must follow it
(d) all the above
106. In which case it was held that bundle of notes found on the floor of a shop
passed into the possession of the finder
(a) R v. Reley
(b) Bridges v. Hawkes worth
(c) Hannah v. Peel
(d) Ancona v. Rogers
107. Under Roman law the concept of possession was divided into
(a) Corpus possessionis
(b) Civils possessionis
(c) Jure possessionis
(d) (a & b) is correct but not c
108. "An ability conferred upon a person by the law to alter, by his own will directed
to that end, the right and duties, liabilities or other legal relations either of
himself or of other persons". The above words of Salmond refers to
(a) right
(b) liberty
(c) power
(d) immunity
109. One of the essential conditions of a legal right is that it should be enforceable
by the legal process of the state According to Paton what are the exceptions
to it
(a) The cases where instead of enforcing a right, the state may redress the
wrong by getting compensation paid to the injured party
(b) Imperfect right which are recognized by state but not enforced
(c) Right which do not confer right of enforcement to the courts
(d) All the above
110. A party has a right when another or others are bound or obliged by law to do
or forbear towards or in regard of him, who defined right as above
(a) Austin
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(b) Salmond
(c) Gray
(d) Holland
111. Defendant purchased a house but never occupied it later the house was
requisitioned by the Government Royal Artillery plaintiff a soldier who was
stationed in this house found a brooch on the top of window frame. Who is
having possession
(a) owner of the house
(b) soldier
(c) Government
(d) none of them
112. Right is a capacity of a person of controlling the actions of others with the
assent and assistance of the state.
(a) lhering
(b) Holland
(c) Paton
(d) Douglas Holmes
113. “Rights is the authority to compel", who said these
(a) Buck land
(b) Blackstone
(c) Kant
(d) T.H. Green
114. Choose the correct statement
(a) Legislation has its source in the law making will of the state whereas
precedent has its source in judicial decisions
(b) Legislation is imposed on Courts by the legislature but precedents are
created by the Courts themselves
(c) Legislation is enacted before a case arises but the precedent comes
into existence only after the case has arisen and taken for decision
before the Court
(d) All the above
115. The constitution being essentially a political documents has to be interpreted
to meet the felt necessities of the time. To interpret it ignoring the social
political economic and cultural realities is to interpret it not as a vibrant
document alive to social situation but as an immutable cold letter of law
unconcerned with realities in which case Court observed this
(a) State of Maharashtra v. George
(b) Hussainara Khatoon v. Union of India
(c) Indra Sawhney v. Union of India
(d) none of the above
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116. The true test of possession is not the physical power of exclusion but the
improbability of interference by other, who said these
(a) Salmond
(b) Savigny
(c) Allen
(d) Pollock
117. Indicate the correct statement
(a) In case of ownership in common the right of the deceased passes on to
his successor
(b) In case of joint ownership, if one of the two-joint owners dies, his fight
of ownership also 1 dies with him
(c) In case of specification the material belonging to one person is given a
new shape by another person
(d) All the above
118. Things over which no one has ownership
(a) Universal
(b) Res Nullius
(c) License
(d) none of the above
119. Who has defined ownership as ultimate right to the thing or what is left when
all other rights vested in various people are taken out
(a) Keeton
(b) Pollock
(c) Buck land
(d) Holland
120. Absolute ownership can be acquired by
(a) occupation
(b) specification
(c) extinction
(d) (a & b) is correct but not c
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JURISPRUDENCE
TEST PAPER-IV
81
JURISPRUDENCE
TEST PAPER-V
TIME: 2 HOURS
1. Who remarked custom as one of the main triangles of the Law of England?
(a) St. German
(b) Coke
(c) Blackstone
(d) Alien
2. Who had written "Doctor and Student?
(a) St German
(b) Blackstone
(c) Coke
(d) Pollock
3. What is true?
(a) In England, Decisions of High Court create binding precedent for the
country Courts and Magistrates Courts
(b) One High Court Judge is not bound by the decision of another judge of
the same Court
(c) Divisional Court is also not bound by an earlier decision of a Judge of
the High Court
(d) All the above
4. Of course I do not deny that cases of individual hardship may-arise, and there
may be a current of opinion in the profession that such and such a judgment
was erroneous but what is that occasional interference with what is perhaps
abstract juristic, as compared with the inconvenience of having each question
re-argued and the dealing of mankind rendered doubtful by reason of different
decisions, in which case it was observed to
(a) Gallie v. Lee and another
(b) R vTaytor
(c) London Street Tramways Co. v. LEC
(d) Young v. Briston Aeroplane Co. Ltd.
5. What are the factors that destroy the authority of precedent?
(a) Legislation
(b) Reversal
(c) Overruling
(d) all the above
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6. I recognize without hesitation that Judge must legislate, but they can do so
only interestlessly; they are confined form molar to molecular motions, who
remarked
(a) Blackstone
(b) Austin
(c) J. Holmes
(d) Radcliff
7. The principle of Grammatic interpretation is that
(a) Judge should go beyond the letters of the law
(b) Judge should not go beyond the letters of the law
(c) Judge should look to the history of the act
(d) None of the above
8. What are the disadvantages of administration of justice
(a) it makes taw rigid
(b) law tends to become conservative
(c) law tends to become formal and conservative
(d) all the above
19. Who defined jurisprudence as "Juris prudentio est divi narum atque
hunmanarum rerum motitio justi atque Injust-scientia”
(a) Ulplan
(b) Wurzel
(c) Allen
(d) Gray
10. Match List I with List Il and select the correct answer using the codes given
below the lists:
List-I
A. De no tius nil nisi bonum
B. Nareeciturius pro in nato habetus
C. Sicutere tuo at alienumnon laedus
List-II
(i) Child in the womb is a person
(ii) Use your property in such a way as not to injure your neighbour's
(iii) dead have no rights and can suffer
A B C
(a) (iii) (i) (ii)
(b) (ii) (i) (iii)
(c) (i) (iii) (ii)
(d) (ii) (iii) (i)
11. Who believed in inalienable rights
(a) Salmond
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(b) Locke
(c) Keeton
(d) Pollock
12. "The word 'law’ stimulates in us the attitude of obedience to authoritative rules
that we have; come through our upbringing to associate with the idea of
municipal law. Change the word for some other and the magic evaporated.
Accordingly these writers felt obliged to embark upon the unprofitable
discussion as to the proper meaning of the term Law". Who said these
(a) Finnis
(b) Jerome Frank
(c) Olivercrona
(d) G.L. Williams
13. What are the principles of practical reason propounded by Kant
(a) Act in such a way that the maxim of your action can be made the
maxim of a universal law
(b) An action is right only it can co-exist with each and every mans free will
according to universal law
(c) Both the above
(d) None of the above
14. The stone does not fall in order to fall, but because it must fall, because its
support is taken away whilst the man who acts does so not because of
anything but to order to attain the something. This purpose is as indispensable
of the will as cause is for the stone as there can be no motion of the stone
without a cause, so can there be no movement of the will without a purpose
who said this?
(a) Ihering
(b) Ehrlich
(c) Pound
(d) Gray
15. The process by sovereign adopt laws issued by former sovereigns or
subordinate authorities is known as
(a) Suspection
(b) adoption
(c) pre-adoption
(d) none of the above
16. According to Hart the term positivism indicates
(i) Laws are commands
(ii) The analysis of legal concept is worth pursing
(iii) Decisions can be deduced logically from pre-determined rules without
recourse to social aims
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(iv) The law as it is actually lad down positum has to be kept separate from
the law that ought to be
(a) (i), (ii), (iii), (iv)
(b) (i), (iii), (iv)
(c) (ii), (iii), (iv)
(d) (i), (iv)
17. What is true about Marxist theory of ownership?
(a) According to them in Medievial times ownership consisted of the
relation between man and thing
(b) After industrial revolution ownership has become a relation between
man and complex aggregate of things termed capital
(c) In modern times, the ownership of capital virtually means the power
over men
(d) All the above
18. What is true?
(a) In India trust for the benefit of animals can be legally created
(b) Trust for a particular animal is invalid,
(c) In ancient times animals for some purposes were treated as persons
(d) All the above
19. Who support the will theory?
(a) Austin
(b) Holland
(c) Pollock
(d) All the above
20. Before the Amendment of Section 367 (5) of the Cr. PC the normal rule was to
impose death sentence in which year the amendment was brought into effect
(a) 1955
(b) 1965
(c) 1970
(d) 1975
21. Advantage of administration of justice
(a) Bring uniformity in the administration of justice
(b) As the law is known to the citizens, it enables them to regulate their
conduct in accordance with it
(c) As the rules are fixed it helps Judges in applying the law uniformly
(d) All the above
22. Who has put forward the danger of delegated legislation?
(a) Prof. Keith
(b) Keeton
(c) Lord Hewart
(d) all the above
85
23. I recognize without hesitation that Judge do must legislate, but they can do so
only interestlessly; they are confined form molar to molecular motions. The
above opinion of Justice Holmes were approved in
(a) Omdra Sajmeu v. Union of India
(b) Kesavanda Bharti v. State of Kerala
(c) Rajeshwar Prasad v. State of W.B
(d) None of the above
24. Who said, “There is in fact no such thing as Judge-made law, for the Judge do
not make the law, though they frequently have to apply existing law, to
circumstances as to which has not previously been authoritatively laid down
that such applicable
(a) Salmond
(b) Allen
(c) Lord Esher
(d) Pollock
25. It is true that the constitution does not place any restriction on our power to
review our earlier decisions or even to depart from then and there can be no
doubt but in matters relating to the decision of constitutional points which have
a significant impact on the Fundamental rights of Citizens we would be
prepared to review our earlier decision in the interest of public good. In which
case Court held this
(a) Sajjan Singh v. State of Rajasthan
(b) State of W.B. v. Corporation of Calcutta
(c) K. C. Kora v. G. Annamanaidu
(d) None of the above
126. What is true?
(a) the decision in Peerage case was not bound by its own decision
(b) decision given in ignorance of a statute are-not biding on it
(c) the decision given in appeals from Scotland do not bind the house in
deciding appeals from Scotland
(d) at the above
27. When Judges generally decide cases according to the law laid down in the
code. The method is known as
(a) Inductive method
(b) deductive method
(c) both the above
(d) none of the above
28. According to historical source of law custom has its origin in
(a) legislation
(b) common consciousness of the people
(c) state recognition
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(d) none of the above
29. Indicate the correct statement:
(a) Historical source law are unauthoritative
(b) Historical source of law operate indirectly and mediately
(c) Historical source may become legal if they are recognized by law
(d) All the above
30. What is true?
(a) In India decision of a division Bench is binding on a single bench Judge
of the same High Court
(b) In India one bench of the same High Court cannot take a view contrary
to the earlier by another co-ordinate bench of that Court
(c) The decision of one High Court is not binding on the other High Court
(d) All of the above
31. "No doubt the law declared by this Court binds Courts in Indian but it should
always be remembered that this Court does not enact", in which case it was
observed so?
(a) State of West Bengal v. Corporation of Calcutta
(b) Sajjan Singh v. State of Rajasthan
(c) Bengal Immunity Company Ltd. State of Bihar
(d) Rajeshwar Prasad v. The State of West Bengal
32. Which theory of punishment says that crime is a pathological aberration, the
criminal can ordinarily be redeemed.
(a) Deterrent theory
(b) Preventive theory
(c) Reformative theory
(d) Retributive theory
33. Who said English Law reached the conception of ownership as an absolute
right, through the development in the law of possession
(a) Blackstone
(b) Holds Worth
(c) Salmond
(d) Gray
34. Who said the life of law has not been logic it has been experience
(a) Friedmann
(b) Allen
(c) Keeton
(d) Holmes
35. Indicate the correct distinction between stare decisis and Res judicata
(a) Res judicata applies to the decision in the dispute, while stare decisis
operates as to the ruling of law involved
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(b) Res judicata applies to all Courts, stare decisis is brought into operation
only by decisions of the High Courts
(c) Res judicata takes effect after the time for appealing against a decision
is past stare decisis operate at once
(d) All the above
36. Who was the first scholar to understand jurtiman's Corpus juris
(a) Ulpian
(b) Pound
(c) Cujas
(d) Gray
37. What are the principles of Respect according to Stammler?
(a) The content of a person’s violation must not depend upon the arbitrary
will of another
(b) Every legal demand can only be maintained in such a way that the
person obligated may remains a fellow creatures
(c) Both the above
(d) None of the above
38. Who says early laws does not trouble itself with complicated theories on to the
nature and meaning of ownership and possession
(a) Blackstone
(b) Holds Worth
(c) Salmond
(d) Gray
39. Who said, "the essence of right seems to me to be-not legally guaranteed
power by itself but the legally guaranteed power to realise to realise an
interest”?
(a) Austin
(b) Holland
(c) Pattack
(d) Allen
40. Who said, "Today citizen and lawyers alike are faced with statutory progeny,
as alarming as the ghostly issue of Banque were to Macbeth”, who said those
(a) Pollock
(b) Keeton
(c) Allen
(d) Gray
41. What are the propositions laid down in Young v Briston Aeroplane Co. Ltd.
(a) Court of appeal is bound by its own decision
(b) Full Court has no great powers than any division of the Court and
hence bound by decision of such division
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(c) Binding force extends to the decisions of the Courts of coordinate
jurisdiction also
(d) All the above
42. What is true?
(a) Court of criminal appeal is not bound by its own decisions not argued
on both sides
(b) Court of Criminal appeal is not bound by its own decisions when it
involves liberty of the subject
(c) The decision of Court of criminal appeal should be of full bench in
above cases
(d) All the above
43. Who opined custom arises from judicial decisions?
(a) Holland
(b) Salmond
(c) Gray
(d) Allen
44. In India oldest legislation regarding reformatory schools is
(a) Reformatory School Act 1890
(b) The Children Act-1960
(c) June vile Justice Act
(d) None of the above
45. Which jurist has pointed out the defect of Hohfeld's theory
(a) Austin
(b) Holland
(c) Pollock
(d) Kacourek
46. Who said Existing custom is law, if it is not called in question it operates as a
part of the general law of the and, if it is challenged and is proved to exist as a
local variation of the ordinary law and further is not shown to violate any
essential general legal principle, it is recognized by judicial authority as! good
law if it is not proved to exist, it is necessarily declared not to be law and to
have no validity and further, it is rare cases though proved to exist in fact, it is
held to be mischievous in tendency, it is abrogated by the Court and
henseforth for the is of no binding force.
(a) Blackstone
(b) Pollock
(c) Allen
(d) Coke
47. According to Bentham censorial jurisprudence means
(a) What the law is
(b) What the law ought to be
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(c) Both the above
(d) none of the above
48. Who said, "Law is a fictional entity made up of an aggregate of individual
laws"
(a) Kelsen
(b) Hart
(c) Bentham
(d) Allen
49. Who said the principle according to which the science of law described its
object is normatively
(a) Kelsen
(b) Hart
(c) Austin
(d) Savigny
50. Skepticism as to some of the conventional legal theories, skepticism
stimulated by a zeal to reform in the interests of justice, some Court house
ways, who said these
(a) Ihering
(b) Coke
(c) Jerome Frank
(d) Duguit
51. According to Morris what are the principal justifications of law
(a) Justice
(b) rationality
(c) acculturation
(d) all the above
52. Who defines dominium as the ultimate right to the thing, or what is left when
all other tights vested in various people are taken out
(a) Blackstone
(b) Buckland
(c) Mc Nair
(d) b&c
53. The maxim quum in verb is nulla ambiguitas est non dabit admitti voluntatio
quaestia stands for
(a) Delegate cannot further delegate
(b) When there is no ambiguity in the words the question of intention ought
not to be admitted
(c) When there is no ambiguity in the words the question of intention ought
to be admitted
(d) None of the above
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54. "Whoever hath an absolute authority not only to interpret the law but to say
what the law is, truly the law gives, who said these
(a) Blackstone
(b) Bentham
(c) Dicey
(d) Gray
55. "Reference is made to the doctrine of finality of judicial decisions and is
pressed upon, so that we should not reverse our previous decision has
proceeded upon the mistaken assumption of the continuance of a repeated or
expired statutes and that we should not differ from a previous decision merely
because a contrary view appears on to b preferable". In which case it was
expressed so
(a) Bengal Immunity Company Ltd State of Bihar
(b) Sajjan Singh v. State of Rajasthan
(c) State of West Bengal v. Corporation of Calcutta
(d) None of the above
56. When division bench does not agree with another division bench
(a) The Court can overrule the earlier decision
(b) The Court must follow the earlier decision
(c) The Court must either follow the earlier decision or place the matter
before the chief justice
(d) All the above
57. The exceptions laid down In Young v. Briston Aeroplane Co. Ltd. is as
(a) Court is bound to refuse to follow a decision of its own which though
not expressly overruled cannot in its opinion, stand with a decision of
the House of Lords
(b) The Court is not bound to follow a decision of its own if it is satisfied
that the decision was given perincuriam
(c) Court is bound to follow in all circumstances
(d) a & b is correct but not c
58. And because the said customs be neither against the law of God, nor the law
of reason, and have always been taken to be good and necessary for the
common wealth of all the realm, therefore they have obtained the strength of
law, in so much that he that doth against them doth against justice; and these
be the customs that people by called the common law", who said these
(a) St. German
(b) Coke
(c) Blackstone
(d) Allen
59. Who said no doubt the law declared by this Court binds Courts in Indian but it
should always be; remembered that this Court does not enact?
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(a) J. Krishna lyer
(b) J. Bhagwati
(c) J. Hidayatullah
(d) J. Verma
60. Indicate the correct statement:
(a) The rights enforced by civil proceeding are of two kinds
(b) Primary rights are those rights which exists as such, and they do not
have their source in some wrong
(c) Sanctioning rights are those rights which comes into being after the
violation of a right
(d) All the above
61. Who defines legal right a noting but a permission to exercise-natural power
and upon certain conditions to obtain protection, restitution or compensation
by the said of public force.
(a) Salmond
(b) Locke
(c) Keeton
(d) Holmes
62. The term hereditus Jacens Signifies
(a) The heir to the property
(b) The inheritance in between the death of the ancestor and the
acceptance of inheritance by the heir
(c) The inheritable property
(d) None of the above
63. Y's duty with regard to X would be expressed by X as “you ought” X is then
said to have
(a) duty
(b) right
(c) privilege
(d) immunity
64. Who put forward the distinction between external and internal points of view
regarding Law
(a) Gray
(b) Allen
(c) Hart
(d) Pollock
65. What is true?
(a) A direction can be made between natural law of method and Natural
law of content
(b) Natural law of method was the oldest one concerned itself with trying to
discover the method i by which, jurist rule may be devised
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(c) Natural law of content was features of 17th Century and was
characterized by attempts to deduce entire bodies of rules from-
absolute first principles
(d) All the above
66. Match List I with List II and select the correct answer using the codes given
below the lists:
List-I List-II
A. Precedents in English and Constitution law (i) Radlich & Hirst
B. Legislative methods and forms (ii) Good Hart
C. Local Government in England (iii) Courteney libert
D. Law of the Constitution (iv) Dicey
A B C D
(a) (i) (iii) (ii) (iv)
(b) (i) (ii) (iii) (iv)
(c) (ii) (iii) (i) (iv)
(d) (ii) (i) (iii) (iv)
67. The main exponent of Marxist theory of ownership
(a) Renner
(b) Blackstone
(c) Allen
(d) Friedmann
68. Who distinguishes legal right from might and moral right
(a) Salmond
(b) Keeton
(c) Holland
(d) Allen
69. Austin has called custom without Sanction
(a) illegal custom
(b) positive morality
(c) Conventional law
(d) none of the above
70. Who said Judges make law in the sense in which a man who chops a tree into
a log has in a sense made the log
(a) Pollock
(b) Bentham
(c) Allen
(d) Gray
71. What is true?
(a) Pre-constitution decisions of the Privy Council are binding on all the
High Court’s unless it conflict with any decision of the Supreme Court
93
(b) If there is any conflict between a pre-constitution Privy Council decision
and a Federal Court decision it is the decision of Privy Council that
would prevail
(c) The law declared by the Supreme Court shall Be binding on all Courts
within the territory of India
(d) All the above
72. Who said jurisprudence was the first of the social science to be born
(a) Ulpian
(b) Wurzel
(c) Allen
(d) Gray
73. X's ability to alter Y's legal position would be expressed by X as I can X has
(a) right
(b) duty
(c) liberty
(d) powers
74. The revised edition of Bentham's the limits of jurisprudence defined was
published in
(a) 1945
(b) 1970
(c) 1976
(d) 1980
75. Who has supported the delegated legislation?
(a) Prof Laski
(b) Prof. Robson
(c) Jennings
(d) all the above
76. What is true?
(a) Reversal takes place when a decision given by a lower Court is
reversed by an appellate Court in appeal
(b) Overruling takes place when a higher tribunal or the same tribunal
declares a decision to be wrong in subsequent case
(c) Overruling may be express or implied
(d) All the above
77. Of course I do not deny that cases of individual hardship may arise, and there
may be a current of opinion in the profession that such and such a judgment
was erroneous but what is that occasional interference with what perhaps
abstract juristic, as compared with the inconvenience of having each question
re-argued and the dealing of mankind rendered doubtful by reason of different
decisions, who opined this
(a) Blackstone
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(b) Lord Halsbury
(c) Coke
(d) Pollock
78. According to Salmond custom is recognized due to
(a) Custom is frequently the embodiment of those principles which have
commended themselves to the national conscience or principle of
justice and public utility
(b) The existence of an established usage is the basis of a rational
expectation of its continuance in the future
(c) It will be made law
(d) a & b is correct but not c
79. Keeton has explained the dangers of delegated legislation in what way?
(a) Excessive power may be delegated
(b) The Government departments may assume a wider legislative
competence than what the parliament has granted
(c) Both the above
(d) None of the above
80. Who remarked Moses was the first law reporter
(a) Edward Coke
(b) Blackstone.
(c) St German
(d) Allen
81. The term jural relations signifies
(a) duties
(b) liberties
(c) powers
(d) all the above
82. In which case it was held that when question of liberty of subject is involved
Court of criminal appeal is not bound by its own decisions
(a) R v. Prince
(b) R v. Taylor
(c) Young v. Briston Aeroplane Co. Ltd.
(d) none of the above
83. The term ratio legis means
(a) reason of the law
(b) letter of the law
(c) Liberal law
(d) none of the above
84. Who said in developed societies at any state the pendulum will again suing
from sociological to the ethical approach to crime.
(a) Salmond
95
(b) Keeton
(c) Allen
(d) Gray
85. Pollock calls the antecedent and remedial rights
(a) Primary and Secondary Rights
(b) Principal and accessory rights
(c) Substantive and Adjective Rights
(d) none of the above
86. Who said, "it is a willful falsehood having for its object the stealing legislative
powers by and for hands which could not or openly claim it.”
(a) Blackstone
(b) Bentham
(c) Austin
(d) Pollock
87. What is true regarding Bentham's theory
(a) Source of law is the will of the sovereign
(b) Sovereign may conceive laws or adopt laws previously issued by
former sovereign subordinate authorities
(c) Sovereign may adopt laws to be issued in future by subordinate
authorities
(d) All the above
88. What are the principles of participation according to Stammler
(a) A person law fully obligated must not be arbitrary excluded from the
community
(b) Every lawful power of decision may excluded the person affected by it
from the community only to the extent that the person may remains a
fellow creatures
(c) Both the above
(d) None of the above
89. According to Jerome Hall the criteria for law
(a) Ethical validity reflected in certain attitudes
(b) Functions
(c) Range and character of public interest expressed in a state's laws
(d) All the above
90. Who said law of nature was deduced from the nature of man as it reveals
itself in the basic inclinations of that nature under the control of reason
(a) Olivercrona
(b) Frank
(c) Jean Dabin
(d) Gray
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91. No other firmament of legal or political theory is so be jeweled with state as
that of, about which school of law it is observed so
(a) Historical School
(b) Sociological School
(c) Analytical School
(d) Natural School
92. Who said Round-declared that liberty is without independent jural significance
(a) Blackstone
(b) Pound
(c) Allen
(d) Kelsen
93. Who said, The Lawyers business is with his words, they are the raw material
of his craft
(a) Blackstone
(b) Friedmann
(c) Lord Mac Millan
(d) Pollock
94. The American Restatement of the law has adopted the table of legal
relationship by which jurist
(a) Austin
(b) Holland
(c) Kacourek
(d) Hohfeld
95. Who has opposed the doctrine of delegated legislation
(a) Allen
(b) Lord Sankey
(c) Keeton
(d) all the above
96. The revised edition of Bentham's the limits of jurisprudence defined was
published as
(a) The province of jurisprudence
(b) The limits of jurisprudence
(c) Of laws in General
(d) None of the above
97. Full bench is constituted by
(a) two Judges
(b) three or more Judge
(c) one Judge
(d) none of the above
98. Who said, "A precedent covers everything said or done, which furnishes a rule
for subsequent practice"
97
(a) Blackstone
(b) Keeton
(c) Gray
(d) Pollack
99. Before deciding a case when a Judge look into the previously decided cases,
and deduce general rules and apply on the cases before them the method is
known as
(a) Inductive method
(b) deductive method
(c) both the above
(d) none of the above
100. Match List with List II and select the correct answer using the codes given
below the lists:
List-I
A. Anatomy of law. (i) Keeton
B. Introduction to principles of Morals & legislation (ii) Bentham
C. Law it origin Growth and function (iii) James Caster
D. Elementary principles of jurisprudence (iv) Fuller
A B C D
(a) (iv) (ii) (iii) (i)
(b) (iv) (iii) (i) (ii)
(c) (i) (iii) (iv) (ii)
(d) (i) (iii) (ii) (iv)
101. Who propose for integrative jurisprudence?
(a) Olivercrona
(b) Jerome Hall
(c) Morris
(d) Finis
102. Who said law is necessary a prior because it is inevitably implied in the idea of
co-operation?
(a) Stammler
(b) Frank
(c) Olivercrona
(d) Gray
103. Bentham views had been introduced into Germany by
(a) Ihering
(b) Edward Beneke
(c) Coke
(d) Blackstone
104. Who said, "The law of nature runs if A is then 8 must be, The legal rule says, if
A is then B ought to be...
98
(a) Kelsen
(b) Hart
(c) Austin
(d) Savigny
105. According to Bentham Exposit jurisprudence means
(a) What the law is
(b) What the law ought to be
(c) Both the above
(d) none of the above
106. Who said freedom is an extra-legal phenomence
(a) Blackstone
(b) Pound
(c) Allen
(d) Kelsen
107. Who is opposed to will theory?
(a) Austin
(b) Holland
(c) Pollock
(d) Duguit
108. Who remarked, "a large part and as many would add the best part of the law
of England is Judge made law".
(a) Blackstone
(b) Bentham
(c) Dicey
(d) Gray
109. What is true about Bentham's theory
(a) The subjects of sovereigns may be persons or things
(b) Each of these may be agible or passible
(c) He believed law to be a real entity
(d) All the above
110. According to Stammler to achieve justice a legislator has to bear in mind
certain principles what are they?
(a) Principles of respect
(b) principles of participation
(c) principles of co-operations
(d) a & b is correct but not c
111. In which case it was laid down that Court of appeal is bound by its own
decision
(a) R v. Prince
(b) R v. Taylor
(c) Young v. Briston Aeroplane Co. Ltd.
99
(d) none of the above
112. According to Tubingen School, Law promoted
(a) Human Will
(b) General wills
(c) Some interest but not all interest
(d) none of the above
113. The term litera legis means
(a) Motive of the law
(b) letter of the law
(c) Liberal law
(d) none of the above
114. Match List I with List II and select the correct answer using the codes given
below the lists:
List-I List-II
A. Some Reflections on Jurisprudence (i) Olivercrona
B. Imperative element in law (ii) Buckland
C. General theory law and state (iii) Ehrlich
D. Fundamental principles of sociology of law (iv) Kelsen
A B C D
(a) (i) (iii) (ii) (iv)
(b) (i) (ii) (iii) (iv)
(c) (ii) (iii) (i) (iv)
(d) (ii) (i) (iii) (iv)
115. Who said, "Justice is realized only through law?
(a) Jerome Frank
(b) Olivercrona
(c) Morris
(d) Finns
116. Who has authored law as a means to an end?
(a) Ihering
(b) Ehrlich
(c) Pound
(d) Gray
117. The diagonal arrow in the jural relationship signifies
(a) jural correlatives
(b) jural opposites
(c) jural contradictories
(d) none of the above
118. In the case of motor accident, accused is cancelled the license to drive. This
comes under
(a) Deterrent theory
100
(b) Preventive theory
(c) Reformative theory
(d) Retributive theory
119. Judicial law is always a reinterpretation of principles in the light of new
combination off facts; judges do not reverse principles, one well established
but they do modify them extend then restrict them, and even deny their
application to the combination in hand who said these
(a) Blackstone
(b) Bentham
(c) Dicey
(d) Radcliff
120. Who regards nature of man as the source of law
(a) Austin
(b) Del Vecchio
(c) Salmond
(d) Kelsen
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JURISPRUDENCE
TEST PAPER-V
102