Thursday, May 14, 2015

Prepare for legal job exams Online Multiple choice test

Prepare for legal job exams Online Multiple choice test
legal job exams practice Questions
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare true and R is the correct explanation of A.
(b) Both A and R are true but R is not a correct explanation of A.
(c) A is true but R is false,
(d) A is false but R is true.
Q.1. Assertion (A): A person in possession of a thing is deemed to be the owner of the thing possessed. Reason (R): Possession is as good as ownership.
Ans. (c)
Q.2. Assertion (A): A finder of a thing has title to it.
Reason (R): The finder’s title to a thing is superior to that of the true owner.
Ans.(c)
Q.3. Who among the following said that there is in essence no difference between the legal personality of a company and that of an individual?
(a) Maitland
(b) Dicey
(c) Gierke
(d) Kelsen
Ans. (d)
Q.4. A child in the mother’s womb is:
(a) a legal person from the time of conception provided it is born alive
(b) a legal person from the time of conception even if it dies before it is born
(c) not a legal person
(d) a legal person the time of conception provided it lives up to seven years
Ans. (a)
Q.5. Consider the following statements:
1. All citizens are natural persons
2. All business associations are legal persons
3. All legal persons are natural persons
Which of the above statement(s) is/are correct?
(a) 1 alone
(b) 1 and 2
(e) 2 and 3
(d) l, 2 and 3
Ans. (a)
Q.6. Who among the following jurists has defined ‘ownership’ as a right over a determinate thing indefinite in point of user unrestricted in point of disposition and unlimited in point of duration?
(a) Austin
(b) Bentham
(c) Holland
(d) Salmond
Ans. (a)
Q.7. According to one of the theories of punishment, ‘evil’ should be returned by ‘evil’. This theory is known as the:
(a) deterrent theory
(b) retributive theory
(c) preventive theory
(d) reformative theory
Ans. (b)
Q.8. According to John Austin, ‘Positive’ law is called positive because it is
(a) made by a person in authority
(b) made as a result of collective will of the people
(c) made as a result of divine providence
(d) followed by everybody
Ans. (a)
Q.9. ‘Natural Law with Variable Content’ means in the realization of justice, the specific content of a rule of positive law will vary from place to place and from time to time. This theory has been propounded by:
(a) Rudolf Stammler
(b) Joseph Kohler
(c) David Hume
(d) Hugo Grotius
Ans. (a)
Q.10.Match List-I with List-II and select the correct answer from the codes given below the Lists:
List-I List-II
A. Jural postulates 1. Aquinas
B. Spirit of the people 2. Pound
C. Grundnorm 3. Kelsen
D. Reason and will in law 4. Savigny
Codes:
A B C D
(a) 2 4 3 1
(b) 2 4 3 1
(c) 2 4 1 3
(d) 4 2 1 3
Ans. (a)
Q.11. Match List-I with List-II and select the correct answer from the codes given below the Lists:
List-I List-II
A. Fuller 1.Status to contract
B. Bentham 2. Social solidarity
C. Maine 3. Inner morality
D. Duguit in law 4.Utilitarianism
Codes:
A B C D
(a) 4 3 2 1
(b) 3 4 2 1
(c) 4 3 1 2
(d) 3 4 1 2
Ans. (d)
Q.12. A legal custom has to possess a sufficient measure of antiquity. ‘Sufficient’ under English laws means that it must have existed since before 1189. The law in India:
(a) is similar to English law, that is, the custom must have existed since before 1189
(b) does not need a fixed period for which custom must have been in existence for its validity
(c) is that, a custom to be valid must have its existence since Vedic period
(d) is that antiquity is not essential for the validity of a custom
Ans. (b)
Q.13. Consider the following statements:
A custom acquires binding for be of law when the following requisites are fulfilled:
1. Specificity, spontaneity, efficacy
2. Continuity, conformity to statutory law
3. Antiquity, certainly, consistency
Which of the above statements are correct?
(a) 1 and 3
(b) 2 and 3
(c) 1 and 2
(d) 1, 2 and 3
Ans. (b)
Q.14. Which one of the following statements is correct with reference to ‘Reversal’ and Overruling?
(a) They are interchangeable words having the same meaning
(b) Overruling occurs when a decision given by a lower court is not accepted by an appellate court in appeal whereas reversal takes place when a higher court or the same court declares a decision to be wrong in a subsequent case
(c) Reversal occurs when a decision given by a lower court is not accepted by an appellate court or the same court declares a decision to be a wrong in a subsequent case
(d) Reversal takes place when a decision of a foreign court is not accepted by the High Court or Supreme Court whereas overruling occurs when an earlier decision of the High Court or Supreme Court is not accepted subsequently
Ans. (c)
Q.15. Lower Courts in India are bound by the decisions of higher courts.
This means that the lower courts are bound by:
(a) all the points which were touched upon by the higher in its decision
(b) only ratio decidendi and obiter dicta of the judgment of the higher court
(c) only the ratio decidendi of the judgment of the higher court
(d) only the obiter dicta of the judgment of the higher court
Ans. (b)
Q.16. Match List-I with List-II and select the correct answer from the codes given below the Lists:
List-I List-II
A. Privilege 1. Gives content to the claim of a person
B. Duty 2. Freedom from claim of another
C. Power 3. Have no correlative claim of another
D. Absolute duty 4. Ability of a person to change legal relations
Codes:
A B C D
(a) 1 2 4 3
(b) 2 1 4 3
(c) 1 2 3 4
(d) 2 1 3 4
Ans. (b)
Q.17. “I have a right to do sp as I please.” The term ‘right’ in this statement refers to:
(a) claim
(b) power
(c) liberty
(d) immunity
Ans. (c)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare true and R is the correct explanation of A.
(b) Both A and R are true but R is not a correct explanation of A.
(c) A is true but R is false,
(d) A is false but R is true.
Q.18. Assertion (A): The Supreme court of India not bound by its own previous decisions.
Reason (R): The Supreme Court of India has pronounced that even the obiter dicta made by it are binding and expected to be obeyed and followed.
Ans. (c)
Q.19. Assertion (A): Pound, Ehrlich. Dugyut. etc. have considered law as a social institution.
Reason (R): Law is a function of society and aims at preventing conflicts in society furthering social ends.
Ans. (a)
Q.20. Assertion (A): Law is an instrument of social change.
Reason (R): The aim is to build as efficient a structure of society as possible which requires the satisfaction of the maximum wants with the minimum of friction and
Ans. (a)
Q.21. Assertion (A): Rules of international law do not as yet constitute a ‘system’ but are merely a ‘set of rules’.
Reason (R): International law ha no grundnorm.
Ans. (c)
Q.22. ‘A statement of law is nothing more than a prediction of that the courts will decide, is the main foundation:
(a) Historical School
(b) Sociological School
(c) Realist School
(d) Natural Law School
Ans. (c)
Q.23. Which one of the following writers has divided jurisprudence into Particular Jurisprudence and General Jurisprudence?
(a) Austin
(b) Bentham
(c) Holland
(d) Salmond
Ans. (a)
Q.24. That true is right reason in agreement with nature was propagated by:
(a) Salmond
(b) Grotius
(c) Hart
(d) Cicero
Ans. (d)
Q.25. Natural law theory has gained attractions largely because:
(a) it is universally accepted
(b) it is philosophical in nature and spontaneously formulated
(c) it is age-old and established
(d) it promises to find common moral ground for different religious and outlooks
Ans. (b)
Q.26. A conventional custom is legally binding because it is:
(a) generally accepted by the parties
(b) creation of the legal system
(c) created by parties out of necessity
(d) incorporated in the contract between the parties
Ans. (d)
Q.27. The binding force of precedent is destroyed or weakened by:
(a) public opinion
(b) abrogated decision
(c) res judicata
(d) lis pendens
Ans. (b)
Q.28. ‘Legal rights are legally protected interests’. Which one of the following jurists made the above statement?
(a) Gray
(b) Salmond
(c) Ihering
(d) Holland
Ans. (c)
Q.29. The analysis of rights into four pairs of correlatives was done by:
(a) Pound
(b) Radin
(c) Hohfeld
(d) Kocourek
Ans. (c)
Q.30. Which one of the following right is an accessory right?
(a) A right reputation
(b) A right to bodily security
(c) An easement
(d) Ownership of a piece of land
Ans. (c)
Q.31. Which one of the following can be said to be aright inrepropria?
(a) The right of a lessee
(b) Easement
(c) The right of a mortgagee
(d) Ownership of land
Ans. (d)
Q.32. The birth and death of legal persons are determined by:
(a) nature
(b) custom
(c) Jaw
(d) precedent
Ans. (c)
Q.33. Austin defines ownership as a ’right over a determinate thing indefinite in point of uses, unrestricted in point of disposition and unlimited iii point of duration’.
Which one of following writers is the principal critic of this definition?
(a) Savigny
(b) Hibbert
(c) Osborn
(d) Allen
Ans. (b)
Q.34. Possession has been recognized under Common Law on the principle of
(a) best right to possess
(b) better right to possess
(c) possession in time
(d) joint possession
Ans. (b)
Q.35. In civil and criminal justice wrongs are advisable into:
(a) good and bad
(b) punishable and non-punishment
(c) public and private
(d) enforceable and non-enforceable
Ans. (c)
Q.36. Retribution under the retributive theory of punishment means the wrong doer:
(a) is shunned by the society
(b) pays for his wrong doing
(c) is punishment by God
(d) is morally reformed
Ans. (b)
Q.37. It is generally agreed that the definition of law has consumed so much time and energy because.:
(a) the nation of law is different in difference countries
(b) law is a very difficult subject
(c) it is surrounded with philosophical perplexities
(d) there is linguistic variation on the issue
Ans (a)
Q.38. The expression ‘law’ in relation to Jurisprudence means:
(a) law in its abstract sense only
(b) positive law only
(c) fundamental legal principles
(d) theories of punishment
Ans. (c)
Q.39. Right of ownership of a partner in a firm is:
(a) sole ownership
(b) co-ownership
(c) legal ownership
(d) corporeal ownership
Ans. (b)
Q.40. A has money in his pocket, this right is:
(a) right in rem
(b) tight in persona
(c) right both in rem and persona
(d) neither a right in rem nor in persona
Ans. (a)
Q.41. According to Austin. duties can be classified into two categories—relative and absolute. Absolute duties have no corresponding rights. Which one out of the following is not an absolute duty according to Austin?
(a) Ditties towards God
(b) Duties towards a person
Q.42. Delegated legislation means:
(a) the law that is delivered by lower judiciary
(b) the law made by the state legislator-s
(b) the law made by the administrative bodies
(c) the law made by the Governor through ordinances
Ans. (c)
Q.43. Which one of the following is not a chief form of subordinate legislation?
(a) Colonial legislation
(b) Executive legislation
(c) Municipal legislation
(d) Judicial legislation by way of precedent
Ans. (d)
Q.44. Which one of the following statements is correct?
(a) Judges declare law
(b) Judges make new law
(c) Judges declare law and also make law
(d) Judges do not make law
Ans. (c)
Q.45. In which of the following categories did Henry Maine not divide society?
(a) Static society
(b) Progressive society
(c) Socialistic society
(d) None of the above
Ans. (c)
Q.46. Which one of the following schools considers law as the means by which the individual’s will is harmonized with the general will of the community?
(a) Sociological school
(b) Philosophical school
(c) Historical school
(d) Analytical ‘school
Ans. (a)
Q.47. Which one of the following theories of law considers Law as an instrument of suppression, its main function being to secure power relationship?
(a) Philosophical theory of law
(b) Hegel’s theory of law
(c) Marxist theory of law
(d) Pollock’s theory of law
Ans. (c)
Q.48. Kelsen’s theory of law is free from ethics, politics sociology, history, religion etc. It must in other words be:
(a) confined
(b) defined
(c) specified
(d) pure
Ans. (d)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare true and R is the correct explanation of A.
(b) Both A and R are true but R is not a correct explanation of A.
(c) A is true but R is false,
(d) A is false but R is true.
Q.49. Assertion (A): The important of legislation, as a source of law, is much more the other sources of law. Reason (R): Legislation is the only possible means to regulate the affairs of the modern society.
Ans. (a)
Q.50 Match List-I (Statement) with List-II (Jurist) and select the correct answer from the codes given below the Lists
List-I List-II
(Statement) (Jurists)
A. He rejected a priori philosophical criticism of possession 1.Salmond
B. He distinguished between possession in fact and possession in law 2.Holmes
C. He put stress on tie facto control for possession 3. Savigny
D. He said that possession consists of corpus possession is an 4.Pollock animus domini
Codes:
A B C D
(a) 2 1 4 3
(b) 4 3 2 1
(c) 2 3 4 1
(d) 4 1 2 3
Ans. (a)

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