21.) Illustration: Other Backward Classes (OBCs) have a reservation of 27% in Government Educational Institutions. Question: This is an example of a particular idea of justice. Pick the right one:
A.) Mill’s Harm Principle
B.) Rawls’ Liberty Principle
C.) Rawls’ Difference principle
D.) Fuller’s Inner Morality
E.) None of the above
22.) Illustration: In claiming a seat in an engineering college, for example, there are competing but sometimes equally strong claims. Amartya Sen’s suggestion of a way out of the conundrum is:
A.) survival of the fittest
B.) an across-the-board standard of Merit
C.) Need-based discrimination
D.) Appropriate measure to be identified by examining what reduces all forms of ‘injustice’ the best
E.) auction of seats
23.) Which of the following is an example of Jural Correlatives?
A.) Liberty: Privilege
B.) No right: No claim
C.) a and b are jural correlatives of each other
D.) Harm: Welfare
E.) None of the above
24.) Examples of jural opposites
A.) Right: Claim & No right: No claim
B.) Liberty: Privilege & Duty
C.) Duty & Right: Claim
D.) Both a and b are true
E.) None of the above
25.) Illustration: A Constitution Bench of the Supreme Court held that a Member of Parliament enjoys immunity under Aa.105(2) or 105(3) of the Constitution from being prosecuted for allegations of bribery for the purpose of speaking or giving his vote in Parliament or in any committee thereof.
Question: Keeping Hohfeld’s matrix in mind, examine the Supreme Court’s judgment to be an illustration of:
A.) The presence of ‘immunity’ in the Member of Parliament necessarily implies the absence of ‘liability’ in himself.
B.) Unforeseen eventuality
C.) Presence of ‘immunity’ in Member of Parliament implies the presence of ‘disability’ in the court of law of to prosecute for an offence of bribery
D.) All of the above
E.) Both (a) and (c)
26.) While applying the literal rule of interpretation, it is important to keep in mind the:
A.) language
B.) theme
C.) context
D.) applicability
E.) All of the above
27.) Jurisprudence would be the study of:
A.) what is law
B.) the ‘why’s of law
C.) legal philosophy
D.) all of the above
E.) none of the above
28.) A basic premise of natural law theory is:
A.) existence of objective moral principles
B.) a code of conduct being the essential nature of the universe
C.) no human being is above the Law
D.) all of the above
E.) none of the above
29.) The point of conflict between natural law theorists and positivists is:
A.) there are objectively valid moral propositions
B.) moral propositions constitute a superior law
C.) failure to conform to such a superior law deprives ordinary positive law of all legality
D.) both b) and c)
E.) Their theories are consistent
30.) Following are scholars and their theories. Identify the wrong one:
A.) Thomas Acquinas- rules of positive law that conflict with natural law are invalid
B.) Lon Fuller- any genuine legal system ought to abide by certain moral principles
C.) H. L. A. Hart- the introduction of moral judgements is necessary in order to interpret and apply laws
D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it
E.) Henry Maine- there exist objective moral principles which depend on the essential nature of the universe and which can be discovered by natural reason
Answer
21.) D 22.) D 23.) D 24.) D 25.) A 26.) C 27.) D 28.) D 29.) D 30.) E
