301 - 400 | MCQ | Question and Answer in LAW Exam | AIBE | APP | Judiciary exams

Q - 301 : Which of the following is not an external aid to construction of a statute?

A. Parliamentary debates
B. Statement of object and reasons
C. Books and dictionaries
D. Marginal notes
Ans : D

Q - 302 : Which of the following statements is the most appropriate in the present day context?
A. Judges did not create any new principles of law through their decisions but simply put a stamp of authority on the already existing principles of law in the society.
B. Judicial decisions are not source of law but as the proof of what the law is.
C. Judges not only declare law but also make it through their decisions.
D. The judges either apply the constitution or legislation or a custom to come to a conclusion.
Ans : C

Q - 303 : Who said: "Case law is gold in mine while statute law is coin of the realm ready for immediate use"?
A. Grotius
B. Hugo
C. Puchta
D. Salmond
Ans : D

Q - 304 : The realist theory is given by
A. Ihering
B. Gierke
C. Savigny
D. Kelsen
Ans : B

Q - 305 : The making of law by the recognition and application of new rules by the courts themselves in the administration of justice implies:
A. judicial precedent
B. judicial decision
C. judicial activism
D. Both (a) and (c)
Ans : D

Q - 306 : The doctrine of precedent is of antiquity. while the stare decisis is relatively modern, the latter relates to:
A. settled judicial hierarchy of courts and law reports
B. emergence of concept of sovereignty of Parliament
C. a point of law settled by a judicial decision
D. None of the above
Ans : C

Q - 307 : Ratio decidendi of a case can be defined as the:
A. material facts of the case plus the decision thereon
B. obiter dicta of the case plus the decision thereon
C. the decision of a case
D. None of the above
Ans : A

Q - 308 : The decision of the Supreme Court are bounded on:
A. All court within the territory of India, including Supreme Court
B. High Courts only
C. All courts within the territory of India, except Supreme Court
D. Indians living abroad
Ans : C

Q - 309 : According to who, ratio decidendi is nothing more than the decision based on the material facts of a case?
A. Dias
B. Wambaugh
C. Goodhart
D. Bentham
Ans : C

Q - 310 : Who said: "A right is a faculty which resides in a determinate party or parties by virtue of a given law and which avails against a party or parties other than the party or parties in whom it resides"?
A. Austin
B. Salmond
C. Hart
D. Kelsen
Ans : A

Q - 311 : Which of the following is incorrect in relation to right in its various forms and its opposites?
A. Claim - duty
B. Liberty - no-claim
C. Power - liberty
D. Immunity - disability
Ans : C

Q - 312 : Mark the incorrect options:
A. Liberty - freedom from the claim other
B. Duty- gives content to the claim of a person
C. Power - ability of a person to change relations
D. Absolute duty - have a correlative claim
Ans : D

Q - 313 : In India, it is a duty of every citizen to respect national flag, protect culture et
C., it is:
A. Absolute duty
B. Relative duty
C. Secondary duty
D. None of the above
Ans : A

Q - 314 : What is the main element of a right?
A. Will
B. Interest
C. Both (a) and (b)
D. Coercion
Ans : C

Q - 315 : A jural relation between:
A. person and person
B. person and a thing
C. person and state
D. person and object
Ans : A

Q - 316 : Duties without a corresponding rights are called:
A. absolute duty
B. relative duty
C. secondary duty
D. None of the above
Ans : A

Q - 317 : A gives B Rs. 600 as a consideration for a contract. Now A has:
A. power
B. privilege
C. claim
D. immunity
Ans : C

Q - 318 : Mark the incorrect option:
A. Immunity - freedom from the power of another
B. Disability- absence of power
C. Nemo dat quod non habet - disability on the part of persons in general to transfer property that they do not themselves own
D. Disability - no right
Ans : D

Q - 319 : Duty implies:
A. obligation
B. an act that opposite of which would be wrong
C. one may perform a certain act
D. None of the above
Ans : B

Q - 320 : Which of the following is incorrect in relation to right in its various forms and its opposites?
A. Right - no right
B. Liberty - duty
C. Power - immunity
D. Immunity – liability
Ans : C

Q - 321 : When a power is coupled with a liberty to exercise it, it is called:
A. discretionary power
B. ministerial power
C. wrongful power
D. relative power
Ans : A

Q - 322 : A primary right can be a:
A. right in rem only
B. right in personam only
C. Either (a) or (b)
D. None of the above
Ans : C

Q - 323 : All cases of damnum sine injuria are cases of:
A. disability
B. liability
C. liberty
D. no right
Ans : D

Q - 324 : Which of the following is not mentioned in the Hohfeldian scheme?
A. Jural correlatives
B. Jural opposites
C. Jural contradictories
D. None of the above
Ans : C

Q - 325 : A right in personam is:
A. available only against a particular person
B. available against person in general
C. a positive right
D. Both (a) and (c)
Ans : D

Q - 326 : The object of right is called:
A. jus
B. res
C. sine
D. lex
Ans : B

Q - 327 : A time barred claim is a:
A. perfect right
B. imperfect right
C. right in rem
D. None of the above
Ans : B

Q - 328 : A person is any being whom the law regards as capable of:
A. rights only
B. duties only
C. rights or duties
D. None of the above
Ans : C

Q - 329 : Legal theory assumes that a person is an entity which is capable of suing and being sue
D. In view of this, which of the following is/are not a legal person?
A. Idiots
B. Lunatics
C. Dead persons
D. All of the above
Ans : D

Q - 330 : Who said the child in womb is not a legal personality and can have no right?
A. Savigny
B. Bentham
C. Paton
D. Salmond
Ans : C

Q - 331 : Natural persons being human beings are:
A. person in fact
B. person in law
C. Both (a) and (b)
D. None of the above
Ans : C

Q - 332 : A company is vested with a distinct corporate personality from the members who compose it was held in:
A. Salomon vs Salomon and Co.
B. Daimler Co. Lt
D. vs Continental Tyre Co.
C. Bridges vs Hawkesworth
D. Both (a) and (b)
Ans : A

Q - 333 : The main purpose of corporate sole is:
A. protect the property of the govt.
B. maintain continuity of an office
C. make the property easily transferable
D. make the property easily inheritable
Ans : B

Q - 334 : An incorporated group of coexisting persons
A. corporation sole
B. corporation aggregate
C. individual
D. institution
Ans : B

Q - 335 : Who amongst the following was the propounder of the theory that says: "the movement of the progressive societies has hitherto been a movement from status to contract"?
A. Hugo
B. Burke
C. Henry Maine
D. Herbert Spencer
Ans : C

Q - 336 : Law is the sum of the conditions of social life in the widest sense of the term, as secured by the power of the state through the means of external compulsion. This statement relates to:
A. Historical school
B. Analytical school
C. Natural law school
D. Sociological school
Ans : D

Q - 337 : Which one of the following is not natural law?
A. Living law
B. Divine law
C. Universal law
D. Moral law
Ans : A

Q - 338 : A right with me is a child of law_____ natural law is a son that never had a father. Who said this?
A. Jeremy Valdon
B. Bentham
C. Salmond
D. Paton
Ans : B

Q - 339 : Which of the following pairs are jural correlatives? 1. Power - liability 2. Power - disability 3. Liberty - duty 4. Immunity - disability Of the above pairs choose the
Ans :
A. 1 and 3 are correct
B. 2, 3 and 4 are correct
C. 1 and 4 are correct
D. 1, 3 and 4 are correct
Ans : C

Q - 340 : The concept of social engineering is at the root of the definition of law given by:
A. Savigny
B. Roscoe
C. Hegel
D. Ehrlich
Ans : B

Q - 341 : Do you know how they make it? Just as a man makes law for his dog. This famous statement on judge made law was made by:
A. Aristotle
B. Plucknett
C. Monstesquieu
D. Bentham
Ans : D

Q - 342 : Who amongst the following treats law as a system of rules?
A. Allen
B. Hart
C. Jenks
D. Lloyd
Ans : B

Q - 343 : In order that a local custom may be valid operative as a source of law, which of the following requirements besides antiquity to be satisfied? 1. Reasonableness 2. Conformity with the statute 3. Observance as matter of moral right Select the Answer using codes given below:
A. 1 and 2
B. 1, 2 and 3
C. 2 and 3
D. 1 and 3
Ans : A

Q - 344 : The idea of natural law first appeared in:
A. French revolution
B. American war of independence
C. Roman law
D. Greek thinking
Ans : D

Q - 345 : Consider the following statements: 1. Precedents are created by the judges 2. A precedent is not binding if it is inconsistent with a statute 3. Precedent can sometimes be created by legislation Choose the
Ans :
A. 1, 2 and 3 are correct
B. 1 and 3 are correct
C. 1 and 2 are correct
D. 2 and 3 are correct
Ans : C

Q - 346 : Who is generally considered as the founder of the historical school of jurisprudence?
A. Hegel
B. Savigny
C. Karl Marx
D. Emmanuel Kant
Ans : B

Q - 347 : Which of the following statement is correct?
A. Possession in fact confers actual right to property
B. Possession in fact exists only when a person has immediate physical control of the thing.
C. Possession in fact also extends to things which are beyond a persons immediate physical control.
D. Possession in fact is possible only when the possessor has the legal right to possess.
Ans : B

Q - 348 : "Sovereignty according to Austin has the characteristics:
A. positive and negative both
B. positive only
C. negative only
D. internal
Ans : A

Q - 349 : Consider the following four types of legal doctrines: (1) Volksgeist (2) Imperative theory of law (3) Social engineering (4) Social solidarity Identify the correct order in terms of time in which they appeared:
A. 1, 2, 3 and 4
B. 3, 4, 1 and 2
C. 2, 1, 3 and 4
D. 2, 1, 4 and 3
Ans : D

Q - 350 : Who opines that codification is the reduction of the whole corpus juris so far as practicable in the form of enacted law?
A. Savigny
B. Salmond
C. Hobbes
D. Pollock
Ans : B

Q - 351 : Who among the following said that the ownership is a right indefinite in point of user, and restricted in point of disposition and unlimited in point of duration?
A. Austin
B. Kelsen
C. Holland
D. Hart
Ans : A

Q - 352 : The celebrated essay determining ratio decidendi of case was written by:
A. Goodhart
B. Winfield
C. Oppenheim
D. Stone
Ans : A

Q - 353 : The author of the book Province of Jurisprudence Determined is:
A. Bentham
B. Austin
C. Kelsen
D. Hart
Ans : B

Q - 354 : Which one of the following does not come within the ambit of ownership?
A. Right to possess
B. Right to dispossess
C. Right to use and enjoy
D. Right to destroy
Ans : B

Q - 355 : Which one of the following jurists was hostile to the natural law of school?
A. Emmanuel Kant
B. Jeremy Bentham
C. Stammler
D. John Rawls
Ans : B

Q - 356 : Which one of the following cases does not relate to possession?
A. Bridges vs Hawkesworth
B. R. vs Moore
C. London Street Tramways vs LCC
D. Towers and Co Ltd vs Gary
Ans : C

Q - 357 : According to Austin which of the following is not an essential element of law?
A. Command
B. Ideal
C. Duty
D. Sanction
Ans : B

Q - 358 : Which one of the following is not an essential element of custom?
A. Certainty
B. Reasonableness
C. Continuance
D. Moral force
Ans : D

Q - 359 : Which of the following is not a characteristic of legal right?
A. Person of inheritance
B. Person of incidence
C. Subject matter of right
D. Novation of right
Ans : D

Q - 360 : Point out incorrect response:
A. iberty and claim are correlative
B. claim and duty are correlative
C. power and liability are correlative
D. immunity and disability are correlative
Ans : A

Q - 361 : Which one of the following schools adhered to the view that Law is found not made, it is self existent?
A. Analytical school
B. Historical school
C. Sociological school
D. Realist school
Ans : B

Q - 362 : Which one of the following is not a legal mode of acquisition of possession?
A. Taking
B. Delivery
C. By acquisition
D. By operation of law
Ans : C

Q - 363 : Match List-I with List-II and select the Answer by using the code given below the lists: List-I List-II
A. Historical school 1. Acquinas
B. Sociological school 2. Bentham
C. Natural law 3. Auguste Comte
D. Analytical school 4. Puchta Codes:
A. A B C D 3 4 2 1
B. 4 3 1 2
C. 1 2 3 4
D. 2 1 4 3
Ans : B

Q - 364 : According to Salmond, supreme legislation refers to :
A. colonial legislation
B. executive legislation
C. judicial legislation
D. law made by the Parliament
Ans : D

Q - 365 : The constitutional basis of the doctrine of precedent is found in:
A. Article-12
B. Article-136
C. Article-141
D. Article-14
Ans : C

Q - 366 : The original author of the book "The Limits of Jurisprudence Defined" is:
A. Austin
B. Stuart Mill
C. David Hume
D. Bentham
Ans : D

Q - 367 : Which of the following jurists is not related to historical school of jurisprudence?
A. Ehrlich
B. Savigny
C. Henry Maine
D. Hegel
Ans : A

Q - 368 : Match List-I with List-II and select the correct answer using the codes given below! List-I List-II
A. Utilitarian individualism 1. Duguit
B. Social engineering 2. Ihering
C. Social solidarity 3. Bentham
D. Social utilitarian 4. Roscoe Pound
A. A B C D 1 2 3 4
B. 2 3 4 1
C. 3 4 1 2
D. 3 2 4 1
Ans : C

Q - 369 : Right of eligible employees to be considered for promotion is virtually a part of Fundamental Right of employees, was decided by the Supreme Court in:
A. Union of India vs. Hemraj Singh Chauhan
B. Supreme Court Employees Association vs. Union of India
C. John Vallamattam vs. Union of India
D. St. Stephens College vs. University of Delhi
Ans : A

Q - 370 : Sunil Batra vs. Delhi Administration is a landmark case on
A. Autre fois aquit
B. Bias
C. Habeas corpus
D. Mandamus
Ans : C

Q - 371 : Using codes given below, find out correct answers: Administrative law deals with (i) the powers of constitutional authorities (ii) the powers of judicial authorities (iii) the powers of the administrative authorities (iv) the powers of the legislative authorities. Codes :
A. Only (i) and (ii) are correct.
B. Only (ii) is correct.
C. Only (iii) is correct.
D. (i), (ii), (iii) and (iv) are correct.
Ans : C

Q - 372 : Match List-I with List-Il using codes given below : List-I List-II (i)There is no rigid formula for principles 1. R.S. Dass vs. Union of India of natural justice. (ii) Choice of application of rules of 2. R. vs. Sussex justice. natural Justices (iii) Justice should not only be done, 3. Union of India vs, P.K. Roy but manifestly and undoubtedly be seen to be done. (iv) Meaning of bias 4. Secy. to Govt.Transport Dept vs. Munuswamy Codes :
A. (i) (ii) (iii) (iv) 2 4 1 3
B. 3 1 4 2
C. 1 3 2 4
D. 3 1 2 4
Ans : D

Q - 373 : Read Assertion (A) and Reason (R) and find out Answer using codes given below: Assertion (A) : Legitimate expectation does not grant an absolute right to a claimant. Reason (R): Legitimate expectation protects the right of fair hearing before a decision which results in negating a promise or withdrawing an undertaking being taken. Codes :
A. (A) and (R) are true and (R) is correct explanation of (A).
B. (A) and (R) are true, but (R) is not correct explanation of (A).
C. (A) is true and (R) is false.
D. (A) is false and (R) is true.
Ans : A

Q - 374 : Which of the following statement is correct?
A. Gullappalli Nageswara Rao vs. State of AP, is about bias.
B. KL. Tripathi vs. State Bank of India, is about right of cross examination.
C. General Medical Council vs. Speakmen, is about irrelevance of principles of natural justice: if in reaching a decision, the principles make no difference.
D. N. Kalindi ws. Tata Locomotives, is about the right of representation by a lawyer being considered to be a part of natural justice and it can be claimed as of right.
Ans : B

Q - 375 : Abuse of discretion can be inferred from the following circumstances. Find out the answer from the codes given below: (1) Non-application of min
D. (ii) Colourable exercise of power, (iii) Non-observance of audi alteram partem. (iv) Irrelevant considerations. Codes :
A. Only (i) is correct.
B. Only (i) and (ii) are correct.
C. Only (ii) and (iii) are correct.
D. Only (ii), (iii) and (iv) are correct.
Ans : D

Q - 376 : What was the principle laid down by the Supreme Court in A.K. Kraipak vs. Union of India? Find Answer from the following statements:
A. Rule of law is embedded in Article 14 of the Constitution of India.
B. Judicial review is a part of basic structure of the Constitution.
C. Principles of natural justice are applicable to administrative proceedings.
D. Post-decisional hearing would be sufficient for the observance of principles of natural justice.
Ans : C

Q - 377 : Find Answer from the following statement:
A. A quasi-judicial body may never review its own decision unless authorised by the statute.
B. A quasi-judicial body may review its own decision if there is grave error of law in
C. A quasi-judicial body may review its own decision if there is violation of natural justice.
D. All tribunals may review their decisions.
Ans : A

Q - 378 : Doctrine of forum prorogatum means
A. Jurisdiction cannot be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.
B. Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.
C. Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants after the proceedings.
D. None of the above
Ans : B

Q - 379 : Which one of the following is not basic source of administrative law ?
A. Custom
B. Delegated legislation
C. Ordinance promulgated by Governor
D. Reports of the committees and commission
Ans : A

Q - 380 : Which of the following statements is true ?
A. Mandamus lies against quasi-judicial order.
B. Mandamus is issued where inferior court declined jurisdiction.
C. Mandamus may be issued, even if alternate remedy is available.
D. Mandamus may be issued even no legal right of petitioner subsists
Ans : B

Q - 381 : The rule of 'Audi alteram partem' requires reasonable opportunity of hearing. Hearing may be
A. only in writing
B. only orally
C. written or oral
D. written and oral both
Ans : C

Q - 382 : The high court can exercise the supervisory jurisdiction over the courts and tribunals subordinate to it under
A. Article-32
B. Article-226
C. Article-227
D. Article-141
Ans : C

Q - 383 : The appropriate writ issued by Supreme Court to quash the appointment of a person to a public office is
A. Certiorari
B. Mandamus
C. Prohibition
D. Quo-Warranto
Ans : D

Q - 384 : What are exceptions to the rule of natural justice? Answer using codes given below: (i) Exclusion by statutory provisions (ii) Exclusion by Constitutional provision (iii) Exclusion in case of legislative act (iv) Exclusion in public interest. Codes:
A. Only (i) is correct.
B. Only (i) and (ii) are correct.
C. Only (i), (ii) and (iii) are correct.
D. All of above are correct.
Ans : D

Q - 385 : Read Assertion (A) and Reason (R) and find Answer using codes given below: Assertion (A): In India the order passed in violation of the principles of natural justice is voi
D. Reason (R): In India there is void in the area of principles of justice by nature. Codes:
A. (A) and (R) are true and (R) is correct explanation of (A).
B. (A) and (R) are true, but (R) is not correct explanation of (A).
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
Ans : C

Q - 386 : In which of the following conditions, the abuse of discretionary power is inferred? (i) Use for improper purpose (ii) Mala fide (iii) Relevant consideration (iv) Leaving out irrelevant consideration Answer using codes given below: Codes:
A. Only (i) is correct.
B. Only (i) and (ii) are correct.
C. Only (i), (ii) and (iii) are correct.
D. All of above are correct.
Ans : B

Q - 387 : "Administrative Law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action." This definition of Administrative Law is given by:
A. Ivor Jenning
B. Garner
C. K.
C. Davis
D. Wade
Ans : C

Q - 388 : In which of the following grounds, a write of certiorari may be issued ?
A. Error of jurisdiction
B. Error apparent on face of record
C. Violation of natural justice
D. All of the above
Ans : D

Q - 389 : Answer the following using the codes given below:Administrative Law deals with : (i) Composition, powers and functions of the administrative authorities. (ii) Procedures to be followed by the administrative authorities in the exercise of their powers and functions. (iii) Methods of control of powers of the administrative authorities. (iv) Remedies available to a person in case of violation of his rights by the administrative authorities. Codes :
A. Only (i) is correct.
B. Only (i) and (ii) are correct.
C. Only (i), (ii) and (iii) are correct.
D. All of the above are correct.
Ans : D

Q - 390 : Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation : Assertion (A): One of the principles of natural justice is, 'No man shall be judge in his own cause'. Reason (R) : Principles of natural justice require fair play in action.
A. Codes : (A) and (R) are true and (R) is the correct explanation of (A).
B. (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is true and (R) is false.
D. (A) is false and (R) is true.
Ans : A

Q - 391 : Match List-I with List-II and indicate the Answer using the codes given below: List-I List-II (i) A.K. Kraipak 1. Postdecisional hearing Vs. Union of India (ii) Manak Lal Vs. 2. Personal bias Dr. Prem Chand (iii) Maneka Gandhi 3. Pecuniary bias Vs. Union of India (iv) Olga Tellis Vs. 4. Reasonable opportunity of hearing Bombay Municipal Corporation
A. Codes : (i) (ii) (iii) (iv) 1 2 3 4
B. 1 3 4 2
C. 2 3 1 4
D. 3 2 4 1
Ans : C

Q - 392 : Answer the following using the codes given below: Which of the following doctrines were developed by the Court to control the administrative actions? (i) Doctrine of Promissory Estoppel. (ii) Doctrine of Legitimate Expectations. (iii) Doctrine of Separation of Power and Rule of Law. (iv) Judicial Activism.
A. Codes : Only (i), (ii) and (iii) are correct.
B. Only (ii) and (iv) are correct.
C. Only (i) and (iii) are correct.
D. All of the above are correct.
Ans : D

Q - 393 : Answer the following using the codes given below: In which of the following grounds the judicial review of an administrative action be made? (i) Abuse of discretion (ii) Mala fide or Bad faith (iii) Irrelevant consideration (iv) Unreasonableness
A. Codes : Only (i), (ii) and (iii) are correct.
B. Only (i) and (ii) are correct.
C. Only (ii) and (iii) are correct.
D. All (i), (ii), (iii) and (iv) are correct.
Ans : D

Q - 394 : A writ of mandamus will not lie against
A. President of India
B. Parliament
C. Local authorities
D. Courts and Tribunals
Ans : A

Q - 395 : Match List-I with List-II and indicate the Answer using the codes given below: List-I List-II (1) Bring the body 1. Writ of Mandamus before the Court (ii) Petitioner's legal 2. Writ of Mandamus right to compel the performance of public duty (iii) By what authority 3. Writ of Habeas Corpus a person is holding the public post (iv) Action of 4. Writ of Quo-warranto subordinate Court in violation of the principles of natural justice
A. Codes : (i) (ii) (iii) (iv) 1 2 3 4
B. 3 1 4 2
C. 3 2 1 4
D. 3 4 2 1
Ans : B

Q - 396 : According to A.V. Dicey in India the 'Rule of Law' is embodied in
A. Article 12 of the Constitution of India
B. Article 13 of the Constitution of India
C. Article 14 of the Constitution of India
D. Article 21 of the Constitution of India
Ans : C

Q - 397 : When the court declare that certain provisions of the Act as invalid, it does not affect the validity of the Act and it remains as it is. The principle is known as:
A. Doctrine of prospective over ruling.
B. Doctrine of severability.
C. Doctrine of pleasure
D. Doctrine of Eclipse.
Ans : B

Q - 398 : Find Answer : Administrative law is the law relating to the powers and procedures of
A. The Parliament
B. The Legislature
C. The Administrative Authorities
D. Judiciary
Ans : C

Q - 399 : Find the Answer : The principles of natural justice are (i) No person can be judge in his own case (ii) No person shall be condemned
A. Codes : only (i) is correct.
B. only (ii) is correct.
C. (i) and (ii) are correct.
D. None of the above are correct.
Ans : C

Q - 400 : Find Answer : Administrative Tribunals exercises :
A. Purely Administrative functions
B. Purely Judicial functions
C. Purely Legislative functions
D. Quasi Judicial functions
Ans : D