31.) les injusta non est lex, or ‘unjust law is no law’ is a necessary consequence of the understanding of which legal theory?
A.) traditional natural law theory
B.) inclusive legal positivism
C.) exclusive legal positivism
D.) historical School of the functional approach to Law
E.) sociological school of the functional approach to Law
32.) The problem with Devlin’s theory is that:
A.) He does not consider that if a minority dissents from the moral code that supposedly binds the entire society together, it would be an appropriate response on the majority’s part to lead by example and resolve to follow the model code in letter and spirit rather than mounting attack on others
B.) society’s moral code is stuck in a time warp
C.) both a) and b)
D.) It overtly stresses on society’s right to interfere with the liberties of an individual
E.) He assumes a critical morality instead of conventional morality
33.) Who among the following is an analytical positivist?
A.) Jeremy Bentham
B.) John Austin
C.) Hans Kelsen
D.) all of the above
E.) none of the above
34.) Following are schools of Law/Scholars and the corresponding source of Law. Identify which is matched wrong:
A.) Natural law- law as the command of a sovereign
B.) Functional approach- law as the result of the evolution of society
C.) Savigny- or common consciousness of people
D.) Salmond- Volksgeist
E.) None of the above
35.) Identify the scholar who describes Law as a tool and a means of harmonising social interests that may be in conflict.
A.) Roscoe Pound
B.) Ronald Dworkin
C.) John Austin
D.) H. L. A. Hart
E.) Devlin
36.) In the case of S.R. Batra v. Smt. Taruna Batra, the daughterin-law petitioned the Supreme Court to declare the house where she was living after marriage as the ‘matrimonial home’. The house in question was owned by the mother-in-law, and not Smt. Taruna Batra’s husband. The Supreme Court held that the rights of Smt. Taruna Batra available under any Indian law could be enforced only against her husband, and not against her father-in-law or mother-in law.
A.) the presence of ‘liberty/privilege’ in mother-in-law implies the presence of ‘no-right/no-claim’ in the daughter-in-law
B.) The presence of ‘liberty/privilege’ in mother-in-law’ necessarily implies the absence of ‘duty’ on behalf of the mother-in-law
C.) The presence of right/claim of daughter-in-law implies presence of duty in mother-in-law
D.) Both a) and b)
E.) None of the above
37.) What Statute is an aid in the interpretation of Statutes?
A.) General Clauses Act, 1897
B.) Interpretation of Statutes Act, 1897
C.) Law of Legislations, 1897
D.) All of the above
E.) Such a legislation does not exist; the definition section in the Statute to be interpreted is the only legislative aid to interpretation
38.) Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the general language ‘or any other farm animal’ — despite its seeming breadth — would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens.
This is an example of which rule of interpretation?
A.) Ejusdem Generis
B.) noscitur a sociis
C.) Literal Rule
D.) Both a) and b)
39.) Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation?
A.) Deletion Rule
B.) Mischief Rule
C.) Literal Rule
D.) Ejusdem Generis
E.) both a) and d)
40.) Which of the following is the most accurate description of the Golden Rule of Interpretation?
A.) Justice must be served
B.) Literal meaning must always be adopted without fail
C.) Literal meaning must always be adopted except when it leads to absurdity
D.) ) All of the above
E.) Context must be understood properly
Answer
31.) A 32.) C 33.) D 34.) D 35.) A 36.) D 37.) A 38.) C 39.) B 40.) D
