11.) Which of the following scholars and the theories they endorse is matched wrongly?
A.) Dworkin – Law is not merely a system of rules
B.) Hart- There are liberties which override ordinary considerations of utility.
C.) Hart- There are liberties which override ordinary considerations of utility.
D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it
E.) None of the above
Show Answer12.) Who among the following is not an analytical positivist?
A.) Jeremy Bentham
B.) John Austin
C.) Hans Kelsen
D.) H. L. A. Hart
E.) None of them are analytical positivists
13.) Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction?
A.) long title
B.) preamble
C.) headings
D.) definitions
E.) Parliamentary history
14.) What is the problem with defining ‘Law’ as a ‘Command’?
A.) Nothing, law can be so defined
B.) Obligations are sometimes entered into voluntarily by parties and the Law does not mandate them to do so
C.) Command has to be obeyed, unlike law
D.) Law has a lower threshold of expectation than command
15.) Illustration: People who act contrary to rules ought to be liable for punishment. Principle: Austin said, “[t]he existence of law is one thing; its merit or demerit is another. Question: What then, gives a rule the force of Law?
A.) The idea of a sanction is built into the very notion of law
B.) Its rigidity
C.) Considerations of utility and efficient management of resources that Law contemplates
D.) Its incorporation of temporal moral value
E.) All of the above
16.) The significance of the classification as ‘primary’ and ‘secondary’ rules indicates that secondary rules ………………..
A.) are subservient to Primary rules
B.) cannot exist without Primary rules
C.) can never become law.
D.) are unimportant and can be applied in an unorthodox manner
E.) none of the above
17.) Which is correct?.
A.) A.19(1)(a) that denies the State the power to take away an individual’s liberty such as freedom of speech and expression.
B.) A. 19(1) that provides the ‘reasonable restrictions’ of ‘public order, decency and morality’
C.) A. 21
D.) A. 14
E.) All of the above
18.) Identify the wrongly matched source/origin of law:
A.) Devlin – Reliance upon marriage laws to prove his theory
B.) Joseph Raz – Exclusive legal positivism
C.) Andrei Marmor – Exclusive legal positivism
D.) eremy Bentham – Functional approach to law
E.) None of the above
19.) Identify the stage of law that is not a part of Maine’s comparative and anthropological approach:
A.) A time when law was made by the commands of a ruler, acting under ‘divine inspiration’
B.) Where such commands gain wider currency as customary law
C.) The emergence of a minority, such as priests, who have control of the knowledge and administration of customary law
D.) The promulgation of law as a code
E.) None of the above
20.) Principle of Liberty and Difference Principle, mentioned in a theory of justice was written by:
A.) Savigny
B.) Austin
C.) John Rawls
D.) Hart
E.) Maine
Answer
11.) E 12.) D 13.) E 14.) B 15.) A 16.) B 17.) A 18.) D 19.) A 20.) C
