1. Which of the following is not included in the definition of law under Article 13 of the Constitution of India ?
(1) Legislation
(2) Customs
(3) Usage having no force of law
(4) Ordinance
2. Which of the following Article of the Constitution uses the term ‘martial law’ ?
(1) Article 33
(2) Article 34
(3) Article 352
(4) Article 353
3. Read Assertion (A) and Reason (R) and give correct answer by using the code given below :
Assertion (A) : A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government.
Reason (R) : If ‘pecuniary gain’ is receivable in connection with the office. Then it shall not become an office of profit, irrespective of whether such gains are actually promised or not.
Code :
(1) Both (A) and (R) are correct and (R) is the correct explanation of (A).
(2) Both (A) and (R) are correct but (R) is not the correct explanation of (A).
(3) (A) is correct and (R) is incorrect.
(4) (A) is incorrect but (R) is correct.
4. Which of the following statement/statements is/are incorrect ? Give answer by using the code given below :
(a) The election of the President shall be held in accordance with the system of proportional representation by means of single non-transferable vote.
(b) The President may resign, by writing under his hand addressed to the Chief Justice of India.
(c) No resolution to remove the Vice-President of India from his office, shall be moved unless at least thirty days notice has been given to him.
(d) Vice-President shall, not with standing the expiration of his term, continue to hold office until his successor enters upon his office.
Code :
(1) (a), (b), (c) and (d) are incorrect
(2) (a), (b) and (c) are incorrect
(3) Only (a) and (b) are incorrect
(4) Only (a) is incorrect
5. Match List-I (name of the case) with List-II (related subject) and give correct answer by using the code below :
List-I List-II
(a) K.M. Nanawati Vs. State of Bombay
(b) Ram Prasad Vs. State of U.P.
(c) Lily Thomas Vs. Union of India
(d) Dr. P. Naller Thampy Terah v. Union of India
(i) Right to life
(ii) Power to pardon
(iii) Fundamental Duties
(iv) Disqualification of members
Code :
(a) (b) (c) (d)
(1) (ii) (iii) (iv) (i)
(2) (i) (ii) (iii) (iv)
(3) (iii) (iv) (i) (ii)
(4) (iv) (i) (ii) (iii)
6. Which of the following case is not related to ‘Theory of basic structure’ under Article 368 of the Constitution ?
(1) Minerva Mills Vs. Union of India
(2) Waman Rao Vs. Union of India
(3) L. Chandra Kumar Vs. Union of India
(4) T.K. Rangarajan Vs. Government of Tamil Nadu
7. Which of the following is incorrect in relation to the declaration of financial emergency by the President under Article 360 of the constitution ?
(1) It shall cease to operate at the expiration of one month unless approved by both Houses of Parliament.
(2) Salary and allowances of persons serving in connection with affairs of state may be reduced.
(3) It may be revoked or varied by a subsequent proclamation by President.
(4) Salary and allowances of the Judges of Supreme Court and High Courts may be reduced.
8. Which of the following statement/statements is/are correct ? Give correct answer by using the code given below :
(a) An ordinary Bill can only originate in council of states
(b) A Bill pending in House of people shall not lapse by reason of the prorogation of the House
(c) A Bill pending in the council of state which has not been passed by the House of people shall not lapse on a dissolution of the House of the people
(d) A Bill pending in the House of people shall not lapse by reason of the dissolution of the House.
Code :
(1) (a) and (b) are correct
(2) (b) and (c) are correct
(3) (a) and (d) are correct
(4) (b) and (d) are correct
9. In which of the following case the Parliament has no power to legislate on the state list ?
(1) Consent of two states
(2) Implementing international agreements
(3) Emergency is in operation
(4) In the Public interest if so declared by council of states
10. Match List-I (name of case) with List-II (related subject) and give correct answer by using the code below :
List-I List-II
(a) Union of India Vs. Sankalchand Seth
(b) Leila David Vs. State of Maharashtra
(c) B.S.E.S. Ltd. Vs. Fenner India Ltd.
(d) Darsan Gupta Vs. Radhika Gupta
(i) Power to do complete justice
(ii) Foreign Precedent
(iii) Power to punish for contempt
(iv) Appointment/Transfer of Judges
Code :
(a) (b) (c) (d)
(1) (iv) (iii) (ii) (i)
(2) (i) (ii) (iii) (iv)
(3) (ii) (i) (iv) (iii)
(4) (iii) (iv) (i) (ii)
11. Which of the following case is not related to the Parliamentary previleges ?
(1) M.S.M. Sharma Vs. Sri Krishna Sinha
(2) State of Karnataka Vs. Union of India
(3) Jatish Chandra Ghose Vs. Harisadhan Mukherjee
(4) State of Tamil Nadu Vs. K. Shyam Sunder
12. Which of the following statement/statements is/are correct ? Answer by using code given below :
(a) It shall be the duty of every citizen to respect the country and abide by the constitution.
(b) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
(c) The state shall in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.
(d) No law here after enacted by the legislature of Jammu and Kashmir shall be void on the ground that it is inconsistent with any rights conferred on other citizens of India by any provision of part – III of the Constitution.
Code :
(1) Only (a) and (b) are correct
(2) Only (c) and (d) are correct
(3) (a), (b) and (c) are correct
(4) (a), (b), (c) and (d) are correct
13. Which one of the following Jurists distinguished between ‘expositorial’ jurisprudence (What the law is) and ‘Censorial’ jurisprudence (What the law ought to be) ?
(1) John Austin
(2) Hans Kelsen
(3) Jeremy Benthem
(4) H.L.A. Hart
14. ‘Now, natural law is not considered as absolute but as relative. It is natural law with variable contents.’ This observation specifically relates to :
(1) Dabin
(2) Stammler
(3) Finnis
(4) Acquinas
15. According to Professor Hart the meaning of the term ‘Positivism’ includes :
(a) Laws are commands.
(b) The analysis of legal concepts is distinct from sociological and historical inquiries.
(c) Moral judgments cannot be established or defended by rational argument, evidence or proof.
(d) The law as it is actually laid down, has to be kept separate from the law that ought to be.
Code :
(1) Only (a) and (c) are correct
(2) Only (a), (b) and (d) are correct
(3) Only (a), (c) and (d) are correct
(4) (a), (b), (c) and (d) all are correct
16. Match List-I with List-II and give the correct answer by using the code given below :
List – I List-II
(Theory) (Jurist)
(a) Theory of social solidarity (i) Ehrlich
(b) Theory of categorical Imperative (ii) Duguit
(c) Imperative Theory of Law (iii) John Austin
(d) Theory of Living Law (iv) Emanual Kant
Code :
(a) (b) (c) (d)
(1) (iv) (i) (iii) (ii)
(2) (ii) (iv) (i) (iii)
(3) (ii) (iv) (iii) (i)
(4) (i) (ii) (iv) (iii)
17. Match List-I with List-II and give the correct answer by using the code given below :
List – I List-II
(Book) (Author)
(a) The Growth of the Law (i) Gray
(b) Foundations of Jurisprudence (ii) R. Dworkin
(c) The Nature and Sources of Law (iii) Cardozo
(d) Taking Rights Seriously (iv) Jerome Hall
Code :
(a) (b) (c) (d)
(1) (i) (ii) (iii) (iv)
(2) (iii) (iv) (i) (ii)
(3) (ii) (iii) (i) (iv)
(4) (iv) (i) (ii) (iii)
18. Which one of the following are the two main theories of legal right ?
(1) Interest Theory and Fiction Theory
(2) Realist Theory and Will Theory
(3) Bracket Theory and Interest Theory
(4) Interest Theory and Will Theory
19. Which of the following is not a theory relating to corporate personality ?
(1) Fiction Theory
(2) Realistic Theory
(3) Purpose Theory
(4) Functional Theory
20. Match List-I with List-II and give the Jural correlatives by using the code given below :
List – I List-II
(a) Claim (i) No claim
(b) Liberty (ii) Disability
(c) Power (iii) Duty
(d) Immunity (iv) Liability
Code :
(a) (b) (c) (d)
(1) (ii) (iii) (i) (iv)
(2) (iii) (i) (iv) (ii)
(3) (iv) (iii) (ii) (i)
(4) (i) (ii) (iii) (iv)
21. ‘X’, a servant, finds a bag at the basement of the shop. He hands it over to ‘Y’, the owner of the shop, who asks him to place it in the almirah. Now, the bag is in possession of :
(1) ‘X’, because he was the finder.
(2) ‘Y’, because he was the owner of the shop.
(3) ‘Y’, because in him there was corpus and animus.
(4) ‘X’, because he kept it in the almirah.
22. Read Assertion (A) and Reason (R) and give the correct answer by using the code given below :
Assertion (A) : Laws are valid only if they are just.
Reason (R) : The aim of law is to secure justice.
Code :
(1) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(2) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is true, but (R) is false.
(4) (A) is false, but (R) is true.
23. Read Assertion (A) and Reason (R) and give the correct answer by using the code given below :
Assertion (A) : Judges must follow authoritative precedents.
Reason (R) : Authoritative precedents derive their authority from basic postulates of the legal system itself.
Code :
(1) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(2) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is true, but (R) is false.
(4) (A) is false, but (R) is true.
24. Which of the following statement statements is/are correct ?
(a) Hobbes, Austin and Pufendorf subscribe to the view that law “Properly so called” in command of the sovereign and enforced by a superior political authority and hence deny legal character of International law.
(b) Oppenheim has remarked that International law is the vanishing point of Jurisprudence.
(c) Holland subscribes to the view that International law is really law.
(d) Starke has expressed the view that International law is a “Weak law”.
Code :
(1) Only (a) is correct
(2) (a) and (d) both are correct
(3) (a), (b), (c) are correct
(4) (a), (b), (c) and (d) all correct
25. ‘Triepel’ and ‘Anzilloti’ are the exponents of which of the following theory of Relationship between International law and Municipal law ?
(1) Monism
(2) Dualism
(3) Specific Adoption Theory
(4) Delegation Theory
ANSWER KEY:
1-(3) 2-(2) 3-(3) 4-(2) 5-(1) 6-(4) 7-(1) 8-(2) 9-(2) 10-(1) 11-(4) 12-(3) 13-(3) 14-(2) 15-(4) 16-(3) 17-(2) 18-(4) 19-(4) 20-(2) 21-(3) 22-(4) 23-(1) 24-(2) 25-(2)
– Team Lawyer Talks