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Thursday, May 14, 2015

Solved law Questions For Legal Officer /Law officer Jobs

Solved law Questions For Legal Officer /Law officer Jobs
Law Questions for job exams like UPSC, legal officer, Judge
law officer legal officers exam practice test
1. Which of the following scholars considers international law as true law?
(a) Grotius
(b) Hobbes
(c) Holland
(d) Austin
Ans. (a)
2. Consider the following statements:
1. Emergence of a large number of States has not only made ‘Euro centrism’ in thinking about International law as anachronistic but also brought qualitative changes in the basic norms and principles of international law.
2. Austin’s view was that International law is not a true law but only positive international morality and is not in consonance with the present day reality.
3. There is no majority rule among the family of nations.
Which of the statements given above are correct?
(a) 1 and 2
(b) 2 and 3
(c) 1 and3
(d) 1, 2and3
Ans. (a)
3. “International law governs relations between independent states. The rule of law binding upon states, therefore, emanates from their own free will as expressed in conventions or usages (to which they are a party). Restrictions upon the independe4ce of states cannot therefore, be presumed”
This view is expressed in which one of the following cases?
(a) Chorzow Factory case
(b) Youman’s case
(c) S. S. Lotus case
(d) I’m Alone case
Ans. (a)
4. Consider the following statements:
International law is that body of law which states feel themselves bound to observe and includes the rules of law relating to the international institutions and their relations with states and individuals, and also certain rules of law relating to individuals and non-state entities. Accordingly,
1. States and individuals are the subjects of International law.
2. States alone are subjects of International law.
3. International institutions and other non-state entities are also the subjects of International law.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 2 and 3
(d) 1 and 3
Ans. (d)
5. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List -II
(Principle/Decision) (Case)
A. There may be an existing customary law between 1. North Sea Continental Shelf Case
just two nations
B. A treaty may create customary law between 2. The Asylum Case
nations but not between a party to a treaty
C. Non-ratification by Peru of the Montevideo 3. The Right of Passage over Indian
Convention shows that Peru was not a party of Territory Case
the alleged Latin-American custom
Codes:
A B C
(a) 1 3 2
(b) 2 1 3
(c) 3 1 2
(d) 2 3 1
Ans. (d)
6. Which of the following statements is correct? The Secretary General of the United Nations
(a) is appointed by the General Assembly upon the recommendation of the Security Council for a five-year, renewable term
(b) is appointed by the Security Council upon the recommendation of the General Assembly for a- five year, renewable term
(c) is appointed by the General Assembly upon the recommendation of the Security Council for a four-year, renewable term
(d) is appointed by the Security Council upon the recommendation of the General Assembly for a four-year, renewable term
Ans. (c)
7. Which one of the following statements is correct?
Opinio juris sine necessitatis meatis
(a) jurist’s opinion regarding existence of a long practice is a necessary requirement for a valid custom
(b) the practice is recognized as obligatory and there is a conviction that its repetition is the result of a compulsory rule
(c) jurist’s opinion is that states are required necessarily to follow the practice
(d) the alleged practice must be proved by satisfactory evidence before juristic tribunals
Ans. (b)
8. Match List-I with List-IT and select the correct answer by using the codes given below the lists:
List-I List-II
(Case) (Court)
A. The Paquette Habana and Lola Case 1. The International Court of Justice
B. The S. S. Lotus Case 2. The U.S. Supreme Court
C. The Island of Palmas Case 3. The Permanent Court of International Justice
Arbitration
D. The Asylum Case 4. The Permanent Court of International
(Haya Dela Torres Case) Arbitration
Codes:
A B C D
(a) 4 1 2 3
(b) 2 3 4 1
(c) 4 3 2 1
(d) 2 1 4 3
Ans. (b)
9. Consider the following statements:
1. A treaty rule can become custom and a customary rule can lead to a treaty.
2. A treaty to become customary law for non-party states should create mandatory norms for party states.
3. A treaty cannot create customary law for nations who have refrained from ratifying it.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3
(c) 1 and 2
(d) 1,2 and 3
Ans. (d)
10. consider the following human rights, recognized under the International covenant on Economic, Social and Cultural Rights:
1. People’s right of self-determination and right to freely determine their political status.
2. People’s right to freely dispose off their natural wealth and resources.
3. People’s right to freely pursue their economic, social and cultural development.
Which of these rights have found place in the International covenant on civil and Political Rights also?
(a) 1, 2 and 3
(b) 1 and 2
(c) l and 3
(d) 2 and 3
Ans. (c)
11.consider the following statements
1. The 10 non-permanent members of the UN Security Council are elected for a 3-year term by a two-third majority of the General Assembly.
2. The Security Council has the primary responsibility under the UN Charter for the maintenance of international judges in peace and security.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
12. Match List-I with List-II and select the coned answer by using the codes given below the lists:
List-I List-II
(Subject Matter) (Case)
A. Compensation for mining and supporting 1. The Gulf of Maine Case
contra guerillas in breach of International law (Canada Vs USA)
B. Existence of a local or particular custom 2. The Nicaragua Case
between two states (Nicaragua Vs USA)
C. Delimitation of continental shelf between 3. The Corfu Channel Case
two states (UK Vs Albania)
D. Right of innocent passage and duties of 4. The Bight of Pas over Indian
coastal states Territory Case
(Portugal Vs India)
Codes:
A B C D
(a) 1 4 2 3
(b) 2 3 1 4
(c) 1 3 2 4
(d) 2 4 1 3
Ans. (d)
13. Consider the following statements:
1. Judges of the International Court of Justice are elected both by the General Assembly and the Security Council.
2. The total number of judges in International Court of Justice is seventeen.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
14. Consider the following sources of International law:
1. Judicial decisions
2. Customs
3. General Principles of Law recognized by civilized nations
4. Conventions
Which one of the following is the correct order in which they are mentioned in the ICJ Statute?
(a) 4-1-3-2
(b) 3-2-4-1
(c) 4-2-3-1
(d) 3-1-4-2
Ans. (c)
15. Consider the following big powers in the Security Council:
1. U .S. A.
2. U. K
3. France
4. The People’s Republic of China
Which of these big powers have withdrawn/terminated their declarations, accepting the compulsory jurisdiction of the International Court of Justice?
(a) l and 2
(b)1, 3 and 4
(c) 2 and 3
(d) 1, 2, 3 and 4
Ans. (b)
16. Consider the following statements
1. There is no bar to two members of the ICJ being nationals of the same state.
2. The statute of the ICJ emphasizes on maintaining the independence of judges who are to be elected “regardless of their nationality”.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
17. Which of the following are among the 6 main committees of the UN General Assembly?
1. Legal Committee
2. Disarmament and International Security Committee
3. Administrative and Budgetary Committee
4. Social, Humanitarian and Cultural Committee
Select the correct answer by using the codes given below:
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) l and 4
(d)1, 2, 3 and 4
Ans. (d)
18. Consider the following statements in respect of International law:
For recognition of belligerency,
1. hostilities must be general
2. rebels must have organized force
3. rebels should be having control over substantial part of national territory.
Which of the statements given above are correct?
(a) 1 and 2
(b) 2 and 3
(c) 1 and 3
(d) 1, 2 and 3
Ans. (b)
19. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Doctrine) (Effect)
A. Estrada doctrine 1. Relates to non-recognition
B. Retroactivity doctrine 2. Recognition validates the acts of a government from
the date of its inception
C. Stimson doctrine 3. Relates to establishment of diplomatic relations on
change of government through revolution
Codes:
A B C
(a) 1 2 3
(b) 3 2 1
(c) 3 1 2
(d) 1 3 2
Ans. (b)
20. Consider the following statements
1. The bulk of state practice supports the evidentiary theory of recognition.
2 International law recognizes duty oil the part of existing states to give recognition to new states.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (a)
21. Consider the following statements:
The acknowledgement of a judicial fact that there exists a state of hostilities between two factions contending for power or authority may give rise to
1. recognition of insurgency
2. recognition of belligerency
3. retroactive effect.
Which of the statements given above is/are correct?
(a) l and 2
(b) 2 and 3
(c) 2 only
(d) 1 only
Ans. (d)
22. Consider the following statements:
1. Political treaties do not succeed
2. Dispositive treaties succeed
3. Claims to un-liquidated damages succeed
Which of the statements given above is/are correct?
(a) 1 and 2
(b) 2 only
(c) 3 only
(d)1 and3
Ans. (c)
23. Consider the following statements:
1. There cannot be exchange of diplomatic representatives without the presumption that the foreign state exists independently.
2. De jure recognition once given cannot be withdrawn.
Which of the statements given above is/are correct?
(a) l only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (c)
24. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List – I List -II
(Principle) (Case)
A. Principle of prescription 1. Maverommatis Palestine Concessions Case
B. Principle of res judicata 2. The UN Administrative Tribunal Case
C. Principle of estoppel 3. Eastern Greenland Case
D. Principle of Subrogation 4. Temple of Preah Vihar Case
Codes:
A B C D
(a) 1 4 2 3
(b) 3 2 4 1
(c) 1 2 4 3
(d) 3 4 2 1
Ans. (b)
25. Consider the following statements about General Principles of Law recognized by civilized nations:
1. This has been recognized in a most authoritative international instrument as a source of International law.
2. It means the general principles of International law which have been recognized by civilized states:
3. It has been increasingly used especially in those cases where no law is applicable on a particular point.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2
(c) 1 and 3
(d) 2 and 3
Ans. (c)
26. Assertion (A) Savigny is universally recognized as the founder of historical School of Jurisprudence.
Reason (R) : Savigny emphasized on history as an important factor for study of law
Codes:
(a) Both A and Rare individually true and R is the correct explanation of A
(b) Both A and R are individually true but R is not the correct explanation of A
(c) A is true but R is false (d) A is false but R is true
Ans. (a)
27. Consider the following statements:
1. Where there is a right, there is remedy
2. Rights and duties go side by side.
3. State is always able to enforce all the rights.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2
(c) l and 3
(d) 2 and 3
Ans. (b)
28. Consider the following statements:
1. Since duties do not describe, but only prescribe behaviour, it follows hat they fail to express notional patterns of conduct to which people ought to conform.
2. A duty can be created with reference to past conduct, in which case it represents a notional pattern of conduct as to how people ought to have behaved.
Which of-the statements given above is/are correct?
(a) l only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)
29. consider the following statements:
1. Moral rules are nor changed by deliberate single acts, while legal rules can be so changed.
2. Moral pressure is applied mainly through appeal to the morality of the conduct, not by coercion as with legal rules.
Which of the statements
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c)
30. There is a school of jurisprudence which attempts to identify purpose of law and the measures and-ma in which they are fulfilled. What is this approach known as?
(a) Realist School
(b) Sociological School
(c) Analytical School
(d) Philosophical School
Ans. (c)
31. Which one of the following concepts does not belong to sociological school of jurisprudence?
(a) Public interest
(b) Social interest
(c) Command
(d) Jural Postulate
Ans. (c)
32. Consider the. following statements with reference to the philosophical school of jurisprudence:
1. There is inter-relationship between law and morality.
2. The main exponents of this school of jurisprudence were Hugo Grotius, Immanuel Kant and Schelling.
3. The law has nothing to do with ethics.
Which of the statements given above are correct?
(a) l, 2 and 3
(b) 1 and 2
(c) 2 and 3
(d) 1 and 3
Ans. (b)
33. The concept of “Rule of Law” in India and England, and “Due Process” in USA are essentially based on which one of the following?
(a) Positive law philosophy
(b) Realist approach
(c) Natural law philosophy
(d) Social solidarity doctrine
Ans. (c)
34. consider the following statements:
1. The concept of natural law is ambiguous because the concept of nature is ambiguous.
2. Natural law means law made by ancient societies by way of custom.
3. Medieval and modem notions of natural law have little in common.
Which of the Statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 3 only
(d) 1 and 3
Ans. (c)
35. consider the following statements:
The Criminal justice system is based on the premise
1. that punishment keeps people under control.
2. of inherent power of the state.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (b)
36. Keeton divided ‘sources of law’ into which two heads?
(a) Binding and persuasive
(b) Custom and legislation
(c) Legislation and judicial precedents
(d) Custom and equity
Ans. (a)
37. consider the following statements :
1. A custom to be legally accepted should not infringe fundamental rules of law.
2. With the development communication, the scope gradually shrunk.
3. In the modem times, custom has ceased to be a source of law.
Which of the statements given above is/are correct?
(a) 1 and 2
(b) l and 3
(c) 1 only
(d) 2 only
Ans. (c)
38. Which one of the following statements is correct in respect of legislation?
(a) Legislation is difficult to trace
(b) Legislation as source of law is much older than the customary law
(c) Legislation is complete, precise in written form and easily accessible
(d) Legislation grows out of practice and long existence
Ans. (c)
39. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Content of Duties) (Type of Duty)
A. Duty to pay off debt 1. Positive legal duty
B. Duties owed to state, breach of which is a crime 2. Absolute duty
C. Duties owed to person, breach of which is a civil injury 3. Relative duty
D. Duty to pay damage for injury done 4. Secondary duty
Codes:
A B C D
(a) 1 2 3 4
(b) 3 4 1 2
(c) 1 4 3 2
(d) 3 2 1 4
Ans. (d)
40. Consider the following statements:
Article 20 of the Constitution of India provides that
1. no person shall be prosecuted and punished for the same offence more than once.
2. no person accused of any offence shall be compelled to be a witness against himself.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both land 2
(d) Neither 1 nor 2
Ans. (c)
41. Under Article 22 (4) of the Constitution of India, with the exception of certain provisions stated therein, what is the maximum period for detention of a person under preventive detention?
(a) 2 months
(b) 3 months
(c) 4 months
(d) 6 months
Ans. (b)
42. 93rd amendment in the Constitution of India deals with:
(a) Right to education
(b) Right in respect of physically handicapped persons for appointments in the services under the state
(c) Reservation for admission in educational institutions
(d) Reservation in the matters of promotion in the services under the state in favour of the other backward classes.
Ans. (c)
43. Which one of the following statements about the meaning of “Eminent Domain”, under the Constitution of India, is correct?
(a) Power of the state for requisition
(b) Sovereign power of the state to acquire private property of an individual for public purpose
(c) Sovereign power of the !state to acquire private property of an individual for public purpose after paying compensation
(d) Power of the state to arrest an individual
Ans. (b)
44. For the purpose of inquiring into and advising upon inter-state dispute, if at any time, it appears to the President that the public interest would be served by the establishment of such council, he is empowered to establish which one of the following?
(a) Zonal Council
(b) Inter Council
(c) Inter-State Zonal Council
(d) The Central Inter-Zonal Council
Ans. (b)
45. which one of the following functions does not require consultation with the Public Service Commissions as per provisions of the Constitution of India?
(a) Methods of recruitment to civil services and civil posts
(b) Principles to be followed in making appointments to civil services
(c) The manner in which any provision referred to in Article 16 (4) may be made
(d) Any claim for the award of a pension in respect of injuries suffered by a person while serving under the Government of India or the Government of a State in a civil capacity.
Ans. (c)
46. In which of the following cases; the power of superintendence of High Courts does not extent?
1. Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.
2. Tribunals created under the Army Act, 1950
3. Tribunals created for adjudication of disputes with regard to inter-state rivers.
4. Monopolies and Restrictive Trade Practices Commission.
Select the correct answer by using the codes given below:
(a) 1 and 2
(b) 2 and 3
(c) 4 only
(d) 1 and 4
Ans. (a)
47. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List –I List-II
(Writ) (Matter in dispute)
A. Habeas Corpus 1. Appointment of a university teacher
B. Mandamus 2. Custody of a child by parents
C. Quo Warranto 3. Violation of natural justice
D. Certiorari 4. Refund of money illegally collected as cess by taxing authority
Codes:
A B C D
(a) 1 3 2 4
(b) 2 4 1 3
(c) 1 4 2 3
(d) 2 3 1 4
Ans. (b)
48. Who, among the following, can establish additional courts for better administration of any existing law with respect to a matter contained in the Union List?
(a) Parliament by law
(b) Parliament with the consent of states
(c) Union Government by resolution
(d) Supreme Court of India
Ans. (b)
49. In the appointment of the Judges of the Supreme Court, the recommendations of the Collegium consisting of the Chief Justice of India and four of the senior most Judges of the Supreme Court is binding on the President of India, because
(a) it is so provided in Article 124 of the Constitution of India
(b) it has been the consistent practice for a long time
(c) it has been laid down by the Supreme Court in S.P Gupta Vs Union of India (1982)
(d) it has been laid down by the Supreme Court in Advocates-on-Record Association Vs Union of India (1994).
Ans. (d)
50. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
(Decision) (Judicial Principle)
A. Supreme Court Advocates on-record 1. Parliamentary privileges
Association Vs Union of India
B. In Re Vinay Chandra Mishra 2. “Curative petition”
C. In Re Keshav Singh 3.. Contempt power
D. Pupa Ashok Hurra v. Ashok Hurra 4. Appointment and transfer of Judges of
the Supreme Court and High Court
Codes:
A B C D
(a) 1 3 4 2
(b) 4 2 1 3
(c) 1 2 4 3
(d) 4 3 1 2
Ans. (d)

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