Law Questions and Answers for Competitive Exams | Law Quiz Set 40

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Questions
1 Read the Assertion (A) and Reason (R) and answer by using the codes given below :

Assertion (A) : The court can direct competent authority to exercise discretion in accordance with law but court cannot direct to exercise the discretion in a particular manner. Reason (R) : The Supreme Court strikes down a decision of competent autority on ground of ‘extraneous consideration’ and ‘improper purpose’. Codes :

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

Answer: Both (A) and (R) are true and (R) is the correct explanation of (A)
2 What is the objective of the Lokpal and Lokayukta Act, 2013 ?
1 To investigate the charges of corruption against public and private companies
2 To substitute the Central Vigilance Commission by the institution of Lokpal
3 To repeal the Lokayukta and establish Lokpal
4 To inquire into allegations of corruption against public functionaries

Answer: To inquire into allegations of corruption against public functionaries
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3 Which of the following declarations relating to assets and liabilities by a public servant are to be made under the Lokpal and Lokayukta Act, 2013 ? Answer by using the codes given below :
  1. Assets of which he, his spouse and his dependent children are jointly or severally, owner or beneficiary
  2. Assets of which he, his parents and children are owner or beneficiary
  3. His liabilities and that of his spouse and his dependent children
  4. His liabilities and that of his spouse, parents and children

Codes :

1 (a) and (b)
2 (c) and (d)
3 (a) and (c)
4 (b) and (d)

Answer: (a) and (c)
4 Which one of the following statements is incorrect ?
1 In Jurisprudence we are concerned to derive rules from authority and apply them to problems
2 In Jurisprudence we are concerned to reflect on the nature of legal rules
3 In Jurisprudence we are concerned on the underlying meaning of legal concepts
4 In Jurisprudence we are concerned on the essential features of legal systems

Answer : In Jurisprudence we are concerned to derive rules from authority and apply them to problems
5 Which of the following requisites are necessary to be fulfilled for a custom to be valid source of law ?
  1. Reasonableness, antiquity and conformity with statute law
  2. Immemorial antiquity, conformity with statute law and observance as of right
  3. Specificity, efficacy and reasonableness

Codes :

1 (a) and (c) only
2 (a), (b) and (c) all
3 (b) and (c) only
4 (a) and (b) only

Answer: (a) and (b) only
6 Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : Judges must follow authoritative precedents. Reason (R) : Authoritative precedents derive their authority from basic postulate of the legal system itself. Codes :

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

Answer: Both (A) and (R) are true and (R) is the correct explanation of (A)
7 Read the Assertion (A) and Reason (R) and give the correct answer using the codes given below :

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. Codes :

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

Answer: (A) is true but (R) is false
8 Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : A claim to recover a debt barred by lapse of time is an imperfect right. Reason (R) : The statute of limitations does not provide that after a certain time a debt shall become extinct. Codes :

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

Answer: (A) is true but (R) is false
9 The fundamental principle of legal positivism is to draw a clearcut demarcation between law and morals, between law as it is and law as ought to be wherein the former is essential in the nature of ‘command’ and latter being merely :
1 routine and normal
2 persuasive and non-obligatory
3 non-persuasive and obligatory
4 directive and non-persuasive

Answer: persuasive and non-obligatory
10 Which one of the following is not a theory of corporate personality ?
1 Fiction theory
2 Will theory
3 Realist theory
4 Bracket theory

Answer: Will theory
11 Doli Capax is the principle which decides -
1 Immunity from punishment as there is no understanding of the consequences
2 That there was discern between good and evil for which punishment would be justified
3 Proof of innocence would ipso facto be an answer for imposing a sentence
4 Before punishing a person his immaturity of intellect is to be assessed

Answer: That there was discern between good and evil for which punishment would be justified
12 The law is clear that consent of the party becomes immaterial when the very act itself is unlawful. In which of the cases there could be an exception ?
1 Prize fight
2 Advantage taken in a game of fencing
3 Aiding and abetting in a game of boxing
4 Negligent while sky-diving

Answer: Prize fight
13 The apprehension of the use of criminal force must be from the person making the gesture, but if it arises from some other person, then what offence, if any, has been caused ?
1 Common intention to cause assault
2 Common object to cause assault
3 Criminal force
4 No offence

Answer: No offence
14 For convicting a person the state must rule out the possibility of an accidental death in a case of dowry harassment because the law requires :
1 That the death occurred otherwise than in normative circumstances
2 The demand for dowry is not evidenced as the following consequence of death
3 The mitigating factor of death do not reveal any demand as to dowry but there was breach of promise to provide dowry
4 The rule of presumption, in the absence as to the demand of dowry provides contrary jurisprudence for convicting the accused

Answer: The mitigating factor of death do not reveal any demand as to dowry but there was breach of promise to provide dowry
15 In the eventuality of grievous hurt becomes culpable homicide not amounting to murder the injury which is actually found should itself be such that it may put the life of the injured is danger, was decided in the case of :
1 Maung Po Yi. V. Mo E Tin
2 Government of Bom. V. Abdul Wahab
3 Muhammad Rafi V. King
4 Bishnovnam Surma V. King

Answer: Government of Bom. V. Abdul Wahab

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