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This section includes 657 Mcqs, each offering curated multiple-choice questions to sharpen your Testing Subject knowledge and support exam preparation. Choose a topic below to get started.
| 1. |
A legislation which is not capable of being repealed, abrogated or controlled by any other legislative authority is called- |
| A. | delegated legislation |
| B. | Subordinate legislation |
| C. | Supreme Legislature |
| D. | judiciary legislation |
| Answer» D. judiciary legislation | |
| 2. |
Delegation of legislative powers to the representative body/authority 'for the purposes of the Act'- |
| A. | would be called conditional legislation |
| B. | Henry VIII will be called |
| C. | excessive delegation will add |
| D. | invalid delegation will be |
| Answer» B. Henry VIII will be called | |
| 3. |
According to Salmond, the highest legislation means- |
| A. | colonial legislation |
| B. | legislative by executive |
| C. | judicial legislation |
| D. | Law made by Parliament |
| Answer» E. | |
| 4. |
Who among the following said that legislation is 'the formal expression of the legislative organs of society?' |
| A. | diacy |
| B. | Ellen |
| C. | gray |
| D. | blackstone |
| Answer» D. blackstone | |
| 5. |
Which of the following is not related to the principle of pre-judgment? |
| A. | Sajjan Singh Vs State of Rajasthan |
| B. | Prakash Chand Pathak Vs State of Uttar Pradesh |
| C. | LiverSize vs Anderson |
| D. | Bengal Immunity Company Ltd. Vs Bihar State |
| Answer» D. Bengal Immunity Company Ltd. Vs Bihar State | |
| 6. |
The law declared by the Supreme Court is binding on all courts within the territory of India, but the Supreme Court is bound by its decisions, but the Supreme Court is not bound by its decisions, it has been held by the Supreme Court itself that- |
| A. | Bengal Immunity Co. Ltd. Vs. State of Bihar |
| B. | In the case of Kesavananda Bharati vs State of Kerala |
| C. | In the case of Indira Nehru Gandhi Vs Raj Narayan |
| D. | In the case of Madhavrao Scindia vs Union of India |
| Answer» B. In the case of Kesavananda Bharati vs State of Kerala | |
| 7. |
The constitutional basis of prior decision in India is- |
| A. | अनुच्छेद 12 |
| B. | अनुच्छेद 141 |
| C. | अनुच्छेद 136 |
| D. | अनुच्छेद 14 |
| Answer» C. अनुच्छेद 136 | |
| 8. |
In which of the following cases did the Supreme Court set aside its earlier decision for the first time? |
| A. | Kharak Singh Vs State of Uttar Pradesh |
| B. | Maneka Gandhi vs Union of India |
| C. | Bengal Immunity Company vs State of Bihar |
| D. | Cashel Mill Company v. Income Tax Commissioner |
| Answer» D. Cashel Mill Company v. Income Tax Commissioner | |
| 9. |
Before independence, the principle of judicial pre-judgment got partial recognition by which of the following section of the Government of India Act 1935? |
| A. | धारा 210 |
| B. | धारा 211 |
| C. | धारा 212 |
| D. | धारा 213 |
| Answer» D. धारा 213 | |
| 10. |
Decision given due to carelessness- |
| A. | is binding |
| B. | not binding |
| C. | is invalid |
| D. | Zero |
| Answer» C. is invalid | |
| 11. |
Consider the following statements- 1. Pre-judgment helps in the evolution of law 2. Copyright is a tangible right 3. Judges make law in the process of interpretation In the above statements: |
| A. | all statements are correct |
| B. | 1 तथा 2 सही है |
| C. | 1 तथा 3 सही हैं |
| D. | केवल 1 सही है |
| Answer» D. केवल 1 सही है | |
| 12. |
The conclusion reached by the judge in a pre-judgment on the basis of material facts and on the exclusion of material facts is- |
| A. | judgment is |
| B. | is a quirk |
| C. | have a faulty judgment |
| D. | being silent is pre-judgment |
| Answer» B. is a quirk | |
| 13. |
State the correct answer. Consider the following statements- 1. Pre-judgments are created by the judges. 2. If an earlier decision is inconsistent with an act, it is not binding. - The decision is made. Of these statements- |
| A. | 1 और 2 सही है |
| B. | 1, और 3 सही हैं |
| C. | 1,2 और 3 सही है |
| D. | 2 और 3 सही है |
| Answer» B. 1, और 3 सही हैं | |
| 14. |
Which of the following is binding as a pre-judgment? |
| A. | Itirokti |
| B. | decision base |
| C. | (both a and B |
| D. | none of the above |
| Answer» D. none of the above | |
| 15. |
Which of the following statement is not correct- |
| A. | The decision of a civil judge is binding on other civil judges from the same court. |
| B. | The law declared by the Supreme Court is binding on all the courts in India. |
| C. | The principle of adjudication means that judicial decisions have binding force. |
| D. | The House of Lords is not bound by its own decisions. |
| Answer» B. The law declared by the Supreme Court is binding on all the courts in India. | |
| 16. |
Assertion (A) : Pre-judgment is like gold in a mine. Reason (R) : This method is searched for in reports. Select the correct answer from the code given below- |
| A. | (A) and (R) both are correct and (R) is the correct explanation of (A). |
| B. | (A) and (R) both are correct but (R) is not the correct explanation of (A). |
| C. | (A) is correct, but (R) is wrong. |
| D. | (A) is wrong, but (R) is correct. |
| Answer» D. (A) is wrong, but (R) is correct. | |
| 17. |
Which of the following statements are correct with respect to a decision given due to carelessness? |
| A. | decision is binding |
| B. | decision is invalid |
| C. | the decision is unconstitutional |
| D. | the decision is not binding |
| Answer» E. | |
| 18. |
Which of the following is a wrong meaning of 'configuration'? |
| A. | reason for decision |
| B. | All principles of law propounded in decision making |
| C. | Rule of law chosen by the judge on which the decision is based |
| D. | rule of law considered binding by others |
| Answer» C. Rule of law chosen by the judge on which the decision is based | |
| 19. |
Give the best answer- |
| A. | There is no binding force in the opposite |
| B. | There is a binding force in the decision of a case |
| C. | Neither the presumption nor the rebuttal have a binding force |
| D. | Both the assertion and the ultimatum have a binding force. |
| Answer» E. | |
| 20. |
Assertion (A) : Decision is basis binding. Reason (R) : Extrapolations are not binding. Indicate the correct answer from the code given below : |
| A. | (A) and (R) both are correct and (R) is the correct explanation of (A) |
| B. | (A) and (R) both are correct but (R) is not the correct explanation of (A) |
| C. | (A) is true, but (R) is false |
| D. | (A) is false, but (R) is true |
| Answer» D. (A) is false, but (R) is true | |
| 21. |
In my view, the observance of pre-judgment should be a rule, not an exception. This statement is- |
| A. | of cardozo |
| B. | of blackstone |
| C. | Keaton's |
| D. | Of Thiba |
| Answer» B. of blackstone | |
| 22. |
Who among the following is not a supporter of the declarative principle of judicial pre-judgment? |
| A. | gray |
| B. | blackstone |
| C. | Coke |
| D. | NS |
| Answer» B. blackstone | |
| 23. |
The binding force of pre-judgment is destroyed or weakened by— |
| A. | By referendum |
| B. | By a decision that has been overturned |
| C. | By pre-judgment |
| D. | By the argument under consideration |
| Answer» C. By pre-judgment | |
| 24. |
o you know how judges make laws?Well a man makes a recipe for his dog. The scholar who made this statement about the judge-made law was- |
| A. | Aristotle |
| B. | Jeremy Bentham |
| C. | plucknet |
| D. | Mantonskyu |
| Answer» C. plucknet | |
| 25. |
Who among the following is not a supporter of the declarative principle of pre-judicial judgment? |
| A. | blackstone |
| B. | Coke |
| C. | gray |
| D. | Samand |
| Answer» D. Samand | |
| 26. |
prior judgment includes everything said or done which lays down a rule for subsequent conduct.Who has said this? |
| A. | Keaton |
| B. | gray |
| C. | Samand |
| D. | jacques |
| Answer» D. jacques | |
| 27. |
The following jurists are not supporters of the view that judges create law: |
| A. | heart |
| B. | holmes |
| C. | gray |
| D. | Dwarkin |
| Answer» E. | |
| 28. |
Which of the following countries follows the principle of 'Nigration'? |
| A. | England |
| B. | Germany |
| C. | France |
| D. | Pakistan |
| Answer» B. Germany | |
| 29. |
aw is what the judges declare.Which of the following thinkers has this statement? |
| A. | of Jerome Frank |
| B. | Julius Cuton's |
| C. | of gray |
| D. | of holmus |
| Answer» D. of holmus | |
| 30. |
What is not necessary for valid custom? |
| A. | antiquity |
| B. | reasonableness |
| C. | Continuously |
| D. | government approval |
| Answer» E. | |
| 31. |
Judges not only discover the law but they make the law. Supporters of this idea are- |
| A. | gray |
| B. | diacy |
| C. | Samand |
| D. | blackstone |
| Answer» B. diacy | |
| 32. |
A convention whose authority is based conditionally on its acceptance and inclusion in agreements between the parties to be bound is: |
| A. | general convention |
| B. | legal custom |
| C. | local custom |
| D. | convention convention |
| Answer» C. local custom | |
| 33. |
Which of the following is not an essential element of custom? |
| A. | must be fixed |
| B. | a custom is being used since time immemorial |
| C. | custom should be reasonable |
| D. | originality |
| Answer» E. | |
| 34. |
rthodoxy is a characteristic of the real law, not the basis of its origin.who told? |
| A. | Maine |
| B. | Savini has |
| C. | Austin has |
| D. | by bentham |
| Answer» C. Austin has | |
| 35. |
Which one of the following is not an essential element of legal custom? |
| A. | Continuity |
| B. | originality |
| C. | certainty |
| D. | compatibility |
| Answer» C. certainty | |
| 36. |
Which of the following statements regarding valid custom is false? |
| A. | It's ancient. |
| B. | It has been used peacefully. |
| C. | be judicially recognized. |
| D. | It should be fixed and consistent. |
| Answer» D. It should be fixed and consistent. | |
| 37. |
Which of the following is not an essential element of a custom? |
| A. | The custom must be fixed. |
| B. | The convention has to be rational. |
| C. | Constant adherence to the custom is not necessary. |
| D. | The custom should be at par with the statute. |
| Answer» D. The custom should be at par with the statute. | |
| 38. |
The orthodox method is the source of the law because it is derived from |
| A. | only from ancient stereotypes |
| B. | overriding all the stereotypes in the society |
| C. | Only such stereotypes have been followed in the society since time immemorial. |
| D. | Only by rational stereotypes that have withstood the test of time and become universally accepted |
| Answer» D. Only by rational stereotypes that have withstood the test of time and become universally accepted | |
| 39. |
rthodox has the same relation to society as law has to the state.This statement is- |
| A. | Holland's |
| B. | of gross |
| C. | of bull |
| D. | of gray |
| Answer» D. of gray | |
| 40. |
Friedrich Karl Van Savini has communicated that- 1.Conservation precedes legislation. Select- |
| A. | 2,3 और 4 |
| B. | 1,3 और 4 |
| C. | 1,2 और 4 |
| D. | 1,2 और 3 |
| Answer» D. 1,2 और 3 | |
| 41. |
In order for a local custom to be valid and in force as a source of knowledge, which of the following, in addition to the oldest, must be fulfilled? 1. Reasonability 2. Conformity to statute 3. Compliance as a moral right Select Answer: |
| A. | 1,2 और 3 |
| B. | 2 और 3 |
| C. | 1 और 3 |
| D. | 1 और 2 |
| Answer» E. | |
| 42. |
he practice is of the same importance to the society as the law is to the state.Whose statement is this? |
| A. | of diary |
| B. | of bull |
| C. | Loyal's |
| D. | Of Finch |
| Answer» C. Loyal's | |
| 43. |
onservation precedes legislation, therefore precedes it, and legislation must conform to the principles of custom.This principle is the basic feature- |
| A. | sociological ideology |
| B. | analytical thinking |
| C. | The natural method of ideology |
| D. | of historical ideology |
| Answer» E. | |
| 44. |
Custom has the same relation with society as law has with the state. |
| A. | Savini's |
| B. | of bull |
| C. | dugit's |
| D. | Holland's |
| Answer» C. dugit's | |
| 45. |
Experts opinion- |
| A. | The simple source of the method is |
| B. | The historical material source of the method is |
| C. | The legal material source of the law is |
| D. | method is not a source |
| Answer» E. | |
| 46. |
According to Saland, the legal sources of law - 1. It is recognized by law only. 2. Law is not a formal belief. 3. The enforcement of law is intermediate. 4. It is the only gate through which new principles can be entered into law. |
| A. | 1 और 3 सही है |
| B. | 1 और 4 सही है |
| C. | 1,3 और 4 सही है |
| D. | केवल 1 सही है |
| Answer» C. 1,3 और 4 सही है | |
| 47. |
Who among the following has divided the legal sources into formal sources and material sources? |
| A. | the salam |
| B. | Holland |
| C. | Austin has |
| D. | Patton |
| Answer» B. Holland | |
| 48. |
'A' sends a registered insured parcel to 'B' by post but the post office does not deliver the parcel to 'B'. In the suit instituted by B against the post office, it is argued that since B is not a party to the contract between A and the post office. Therefore, it cannot sue for enforcement of the contract. Which of the following is the correct answer in such a situation? |
| A. | 'B' is not entitled to institute the suit |
| B. | 'B' can sue only on behalf of A |
| C. | 'B' can institute the suit because a implied trust has been created in his favor |
| D. | Only 'A' is entitled to institute the suit |
| Answer» D. Only 'A' is entitled to institute the suit | |
| 49. |
Who has made the following classification of the source of the method? Binding 2. Permissible source |
| A. | Austin has |
| B. | Keaton |
| C. | the salam |
| D. | by kelson |
| Answer» C. the salam | |
| 50. |
Which one of the following sections of the Indian Contract Act provides for the principle that acceptance should be absolute and unconditional? |
| A. | धारा 7(1) |
| B. | धारा 4 |
| C. | धारा 8 |
| D. | धारा 9 |
| Answer» B. धारा 4 | |