CS Foundation Introduction to Law MCQ Questions
Question 1.
Who of the following was NOT a jurist of natural law?
a. Ulpine
b. Circero
c. Henry Maine
d. Justinian
Answer:
c. Henry Maine
Question 2.
The following is NOT a meaning of law, as described by Savigny’s theory,
a. Law is universal in nature.
b. Law is found and not made.
c. Law is the art of what is equitable and good.
d. Law is found and not made.
Answer:
c. Law is the art of what is equitable and good.
Question 3.
Law is an “essentially and exclusively a social fact” whose definition of law is this?
a. Doguit
b. Jeremy Benthan
c. Savigny
d. Keisen
Answer:
a. Doguit
Question 4.
Rule of conduct so established as to justify a prediction with reasonable certainty which will be enforced by Courts. This type of definition of law comes under the class.
a. Sociological definition of law
b. Realist definition of law
c. Historical definition of law
d. None of the above.
Answer:
b. Realist definition of law
Question 5.
What is the doctrine of stare decisis?
a. The doctrine of sovereignty
b. The beginning of case
c. The statutory law
d. The doctrine of precedent
Answer:
d. The doctrine of precedent
Question 6.
Personal law means
a. Hindu law.
b. Hindu and Islamic law
c. Hindu and Mohammedan law
d. All of the above.
Answer:
c. Hindu and Mohammedan law
Question 7.
Positive morality is NOT a part of
a. Customs law
b. Presidents
c. Legislation
d. Personal law
Answer:
a. Customs law
Question 8.
The doctrine of binding precedent does NOT apply to Supreme Court. Is this true?
a. No, the Supreme Court should normally follow its own prior decisions but may deport from them when it appears right to do so
b. No, the Supreme Court is bound by its own previous decisions.
c. Yes, the Supreme Court is highest court and as such not bound by doctrine.
d. No, Supreme Court is bound only by its own previous
Answer:
a. No, the Supreme Court should normally follow its own prior decisions but may deport from them when it appears right to do so
Question 9.
A custom will be valid at law only if
1. Custom shows certainty
2. Custom must not be opposed to morality
3. Custom must not be general
4. Custom must show consistency Select the correct option
a. 1,2,3 fulfils
b. 1, 3, 4 fulfils
c. 1,2,4 .
d. 4,1,3
Answer:
c. 1,2,4 .
Question 10.
The doctrine of precedent applies to
a. Only courts
b. Only tribunals
c. Both courts and tribunals
d. None of the above.
Answer:
a. Only courts
Question 11.
Ratio decidendi means?
a. A judicial decision
b. Part of the judgment which possesses authority
c. An observation made by any judge.
d. Only observation made by the court which goes beyond the requirement of the case
Answer:
b. Part of the judgment which possesses authority
Question 12.
When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can:
a. Overrule the earlier case
b. Reverse the earlier decision
c. Disapprove the earlier case
d. Distinguish the earlier case
Answer:
c. Disapprove the earlier case
Question 13.
Statute law is law made by:
a. Statutory bodies
b. Courts
c. Parliament
d. Statutory officials
Answer:
c. Parliament
Question 14.
Where statute law and common law conflict:
a. Statute law prevails
b. Common law prevails
c. The matter will be referred to equity for a decision
d. The matter will be referred to High Court for a decision
Answer:
c. The matter will be referred to equity for a decision
Question 15.
Doctrine of justice, equity and good conscience is NOT applied in case where,—
a. Custom has been described in four Vedas.
b. Custom has been described in Koran
c. Law or custom is found in codes of Manu
d. All of the above.
Answer:
d. All of the above.
Question 16.
Which of the following statement is correct?
a. Statements made obiter dicta form the basis of precedent established in a case.
b. Statement made obiter dicta are of persuasive authority.
c. Statements made obiter dicta are binding or all courts.
d. Statements made obiter dicta have no influence on courts.
Answer:
b. Statement made obiter dicta are of persuasive authority.
Question 17.
Intra vires means
a. Within the powers
b. Between living persons
c. Amongst other things
d. None of the above.
Answer:
a. Within the powers
Question 18.
The true way of citing a case whose details are Ram versus Motilal decided in 1865 and can be found in volume 208 of Supreme Court cases starting at page 216 will be
a. Ram v Motilal, 208 SCC 216 (1865)
b. Ram V. Motilal, 208 SCC 216 (1865)
c. RamV. Motilal 208 SCC 216, (1865)
d. Ram VS Motilal. 208 SCC 216 1865
Answer:
b. Ram V. Motilal, 208 SCC 216 (1865)
Question 19.
What is the ratio decidendi of a case?
a. The evidence of a case
b. The legal reasoning of a case
c. The facts of a case
d. The first paragraph in a case
Answer:
d. The first paragraph in a case
Question 20.
In case of unincorporated association legal action is taken against.
a. Association
b. Members of association
c. Both a and b
d. None of the above.
b. Members of association
Question 21.
When a court applies prior judicial rulings to cases which is similar to the prior case than it is called
a. Personal law
b. Precedent
c. Common law
d. None of the above
Answer:
b. Precedent
Question 22.
When a court establishes a binding precedent, the reason for its decision is referred as:
a. Stare decisis
b. Caveat emptor
c. Res judicata
d. Ratio decidendi
Answer:
b. Caveat emptor
Question 23.
These are ’the observations made by the court which are having persuasive value but have no binding power which can be used for future references is called
a. Stare decisis
b. Ratio decidendi
c. Obiter dicta
d. Caveat emptor
Answer:
c. Obiter dicta
Question 24.
Which of these is not true regarding the doctrine of stare decisis?
a. A lower court is bound by a decision of a superior court in the same jurisdiction when the superior court has decided the same issue.
b. A decision in one province is binding in other provinces.
c. Lower courts have considerable leeway to distinguish the earlier case on the basis of its facts.
d. All of the above are true.
Answer:
b. A decision in one province is binding in other provinces.
Question 1.
Which of the following is source of Indian mercantile law?
a. English Mercantile law
b. Judicial decisions.
c. Customs and trade usages
d. All of the above
Answer:
d. All of the above
Hint:
The main sources of modern Indian Law, as administered by Indian courts, may be divided into broad categories:
(i) Primary sources and,
(ii) secondary sources.
The primary sources of Indian law are:
(a) customs,
(b) judicial precedents
(c) statutes
(d) personal law.
The secondary sources of Indian law are:
(a) English Law
(b) Justice, equity and good conscience.
Question 2.
Which kind of precedent from the following creates and applies a new rule of law?
a. Declaratory
b. Persuasive
c. Absolutely authoritative
d. Original
Answer:
d. Original
Hint:
An original precedent is one which creates and applies a new rule of law. Precedent means some set pattern guiding the future conduct. The precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. The doctrine of precedent declares that cases must be decided the same way when their materials facts are the same. Obviously it does not require that all the facts should be the same.
Question 3.
means “adhere to the decision and do not unsettle things which are established”
a. Stare decisis
b. Ratio decidendi C. Obiter dicta
d. None of the above.
Answer:
a. Stare decisis
Hint:
The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts.
Question 4.
Which of the following is not a source of Indian law?
a. English mercantile law
b. Judicial decisions
c. Civil law
d. Customs and trade usage
Answer:
c. Civil law
Hint:
The primary sources of Indian law are:
(a) customs,
(b) judicial precedents
(c) statutes
(d) personal law
Question 5.
Which of the following is not a branch of merchant law?
a. Criminal law
b. Civil law
c. Administrative law
d. English law
Answer:
d. English law
Question 6.
Law is ” essentially and exclusively a social fact” is given under
a. Historical
b. Sociological
c. Realist
d. Positivistic
Answer:
b. Sociological
Hint:
Sociological jurisprudence is a term coined by the American jurist Roscoe Pound to describe his approach to the understanding of the law. This philosophical approach to law stresses the actual social effects of legal institutions, doctrines and practices. It examines the actual effects of the law within society and the influence of social phenomena on the substantive and procedural aspects of law.
Question 7.
“Justice is the main guiding element of law” is defined under which school?
a. Natural
b. Sociological
c. Positivistic
d. Historical
Answer:
a. Natural
Question 8.
Decision of one High Court have only a value in a court within the jurisdiction of another High Court.
a. Voluntary
b. Mandatory
c. Persuasive
d. All of the above
Answer:
c. Persuasive
Hint:
Decision of one High Court is not binding on other High Court and have persuasive value only. Decision of High Court is binding on all subordinate courts and tribunals.
Question 9.
The decisions given by Supreme Court are recorded in
a. AIR
b. SCC
c. AIR and SCC
d. ITR
Answer:
c. AIR and SCC
Hint:
- AIR — All India Reports
- SCC — Supreme Court Cases
Question 10.
Meaning of intra vires
a. Within the power
b. Amongst the other
c. Beyond the power
d. None of these
Answer:
a. Within the power
Hint:
The legal Maxim, “intra vires” means within the powers
Question 11.
Which law is related to the commercial activities of the people of the society?
a. Constitutional law
b. Administrative law
c. Civil law
d. Mercantile law
Answer:
d. Mercantile law
Hint:
Mercantile Law is known as commercial law or business law”. It is a branch of law which governs and regulates trade and commerce.
Question 12.
Past decision of the courts for future cases is known as:
a. Customs
b. Previous work
c. Precedents
d. Historical record.
Answer:
c. Precedents
Hint:
Precedent means some set pattern guiding the future conduct. The precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. The doctrine of precedent declares that cases must be decided the same way when their materials facts are the same. Obviously, it does not require that all the facts should be the same
Question 13.
‘Fait accompli1 means:
a. Accomplished Act
b. Accomplished person
c. Vision to be accomplished
d. Person accompanying in crime
Answer:
a. Accomplished Act
Hint:
“fait accompli’ is a Latin word which means an accomplished act
Question 14.
In case of Hindu and Muslim family business, which laws prevail to divide their family properties?
a. Government law
b. Their Own laws
c. Legal laws
d. None of these.
Answer:
b. Their Own laws
Hint:
Hindus and Mohammedans are governed by their personal law. In case of Hindus personal Law is found in SHRUTI which includes four Vedas. In case of Muslims the laws that govern their personal laws are found in Holy Kuran.
Question 15.
In case name, the first name usually identifies:
a. The person who is defending the case
b. The person against whom the action is brought
c. The person who is bringing the court action
d. The person who is accused
Answer:
c. The person who is bringing the court action
Hint:
Example Roy v. Amit 204 In this example Roy v. Amit—Case Name. Usually the first name identifies who is bringing the court action and the second name is the person against whom action is being brought.
204 — Volume Number
AIR — Name of reporter
209 — Beginning page
1980 — Year of decision
Roy — Person who is bringing the court action
Amit — Person against whom action is being brought
Question 16.
Custom as a source has a very inferior place in the
a. Hindu law
b. Judicial decision
c. Criminal law
d. Mohammedan law
Answer:
d. Mohammedan law