MCQ Legal Method 2021
MCQ Legal Method 2021
MCQ Legal Method 2021
Unit- I
a) Holland
b) Salmond
c) Austin
d) Hans Kelson
Which of the following jurists opined the “Law is not universal in its nature; like
language it varies with people and age.”?
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Montesquieu
Which of the following jurists opined “Law grows with the growth, and strengthen
with the strength of the people and finally dies away as the nation loses its
nationality”?
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Prof H.L. Hart
Who defined a law as "a rule laid down for the guidance of an intelligence being
by an intelligence being having power over him”?
a) Bentham
b) Austin
c) Salmond
d) Prof H.L. Hart
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Prof H.L. Hart
Who said that "The function of laws should be the promotion of the greatest
happiness of the greatest number"?
a) John Austin
b) Jeremy Bentham
c) Von Savigny
d) Prof H.L.Hart
Whose work was published under the title “The Province of Jurisprudence
Determined”?
a) John Austin
b) Jeremy Bentham
c) Von Savigny
d) John Rawls
The origin of law lies in the popular spirit of the people which Savigny
termed as
a) Social welfare
b) Volkgeist
c) Jus gentium
d) Jus naturale
Q.9 The concept of law under Hindu jurisprudence is based on
a) Personal law
b) Custom
c) Dharma
d) None of the above
a) Excluded
b) Isolated
c) Included
d) Distinguished
a) John Austin
b) Hans Kelsen
c) Jeremy Bentham
d) None of the above
Which of the following jurists defined law ‘As an assemblage of signs, declarative
of volition, conceived or adopted by the sovereign in a state, concerning the
conduct to be observed in a certain case by a certain person or a class of persons,
who in the case in question are or are supposed to be subject to his power.’?
a) Jeremy Bentham
b) John Austin
c) Von Savigny
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Prof H.L. Hart
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Prof H.L. Hart
a) Jeremy Bentham
b) John Austin
c) Von Savigny
d) Henry Maine
c. Private law relates to crimes committed inside the home. Public law relates
to crimes committed in public places.
Q.18. Which of the following accurately reflects the distinction between substantive and
procedural law?
a. Substantive law reflects the rules on procedure and evidence. Procedural law reflects
the elements or conditions for the law to apply
b. Procedural law reflects the rules on procedure and evidence. Substantive law
reflects the elements or conditions for the law to apply
c. Substantive law and procedural law are synonymous
d. None of the options given are correct
Q.19 Which of the following is the most accurate description of civil law?
a. Civil law is an aspect of public law
b. Civil law relates to controlling conduct or wrong-doing of which it disapproves
c. Civil law relates to the enforcement of particular forms of behaviour
d. Civil law is a form of private law and involves the relationships between
individuals
Which of the following countries does not have a common law legal system?
a. England
b. Australia
c. United States of America
d. France
Q.23 The phrase 'civil law' can refer to those legal systems whose laws are based on
Roman law. It can also refer to?
a. Laws created by judges.
b. The body of laws that does not relate to criminal offences.
c. The supplementary system of law that is based on fairness and equality, and seeks to
mitigate the harshness of the common law.
d. The body of laws that establish what conduct is criminal and the punishments for
engaging in such conduct
Q.24. Statute law refers to?
a. Laws created by the judges through the deciding of cases.
b. The doctrine that seeks to mitigate the harshness of the common law by deciding
cases based on fairness and equality.
c. The body of law that regulates the relationship between the State and its citizens.
d. The body of laws created by Parliament in the form of legislation.
Q.25 International Law is categorised as :
a. Substantive and Procedural
b. Civil and Criminal
c. Public and Private
d. None of these
UNIT II
Legislation means
Which of the following statements best describes the function of a legal system?
a. Protection of individual rights and liberties
c. Conferral of obligations
An Act of Parliament that takes all existing law and sets it out in a new statute is
known as?
a. An original Act of Parliament.
b. A codifying Act of Parliament.
c. A consolidating Act of Parliament.
d. An amending Act of Parliament.
When interpreting statute, the judges may apply certain presumptions in order to
determine the intention of Parliament. Which one of the following is not a valid
presumption?
The sources of law have been divided into two classes. These are:
According to whose theory, “Law is not universal in its nature; like language it
varies with people and age”?
a. Bentham’s theory
b. Austin’s theory
c. Savigny’s theory
d. Montesquieu’s theory
a. Law properly so-called (in regard to notion of law): Which is distinct from morals?
Q. 11.“It is likely that free India may be federal India, though in any event there would
be a great deal of Unitary Control.” This statement was made by
a. Naradasmriti
b. Manusmriti
c. Vedasmnti
d. Prasarsmriti
a. Colonial legislation
b. Executive legislation
c. Autonomous legislation
d. None of the above
Which word define the term legislation- the process of making law.
a. Jus Naturale
b. Legis Latum
c. corpus juris
d. stare decisis
Q.27 Which Article lays down that the laws declared by the Supreme Court would be
binding on all Courts in India?
a) Article 131
b) Article 141
c) Article 142
d) Article 143
Unit-III
Via which of the following amendments, the term “Socialist” was inserted inPreamble
of Indian constitution?
The Preamble to our Constitution proclaims that “We, the People of India have
established –
The Concept of Directive Principles of State policy is borrowed from which of the
following country?
a) Germany
b) France
c) Ireland
d) Canada
The Concept of Judicial Review is borrowed from which of the following country?
a) UK
b) USA
c) Canada
d) Ireland
a) Judicial proceedings
b) Quasi – judicial Proceedings
c) Administrative proceedings
d) All of the above
a) Aristotle
b) John Locke
c) Montesquieu
d) John Bodin
a) Article 32
b) Article 34
c) Article 33
d) Article 35
Which Article of the Indian Constitution envisages the Original Jurisdiction ofthe
Supreme Court of India?
a) Article 131
b) Article 134
c) Article 132
d) Article 133
a) Article 131
b) Article 134
c) Article 132
d) Article 133
a) Article 131
b) Article 134
c) Article 132
d) Article 133
b) or no man can act as both at the one and the same time- a party or a suitor as a
judge,
a) Article 227
b) Article 226
c) Article 225
d) Article 22
Which of the following is the most accurate description for the Rule of Law?
a) An idealistic concept of how the legal system should function to further civilized
society
b) The law must be made up of strict rules with punishment for breach of those rules
Which one of the following features does not support the federal character of
Indian Constitution?
a) Distribution of powers between Centre and States
b) Authority of Courts
d) Single citizenship
Match List-I with List-II and select the correct answer using the codes givenbelow:
List – I List – II
I. Law declared by the Supreme Court to be binding on all courts a) Article 141
III. Power of Supreme Court to review its own judgement c) Article 137
Codes:
I II III IV
b) Montesquieu
c) Dicey
d) Aristotle
Codes:
(A) (i) and (iii)
(B) (iii) and (iv)
(C) (ii) and (iv)
(D) (ii) and (iii)
b) Rule of law
a) State government
b) Legislative
c) Parliament
d) United Nations
What stops one branch of government from becoming too powerful? Choose one:
a) The President
c) The people
d) Freedom of speech
The idea of self-government is in the first three words of the Constitution. Whatare
these words? Choose one:
a) We the People
c) We the British
d) We the Colonists
What is the highest court in the United States? Choose one:
b) Supreme Court
c) High Court
b) Reviews laws
c) Resolves disputes
c) An introduction
b) The Constitution
Q.44. Which of the following statements regarding ‘Right to education is/are found to
be correct?
I. The duty of the State, under this directive is not only to establish educational
institutions but also to effectively secure the right to education, by admitting students to
the seats available at such institutions, by admitting candidates found eligible according
to some rational principle.
II. Even though this right is a Fundamental Right and is judicially enforceable as such,
once the State, by legislative or administrative actions, provide facilities for education, its
action must conform to the standards of equality and rationality underlying Article 14 of
the Indian Constitution.
a) Only I
b) Only II
c) Both I and II
d) None
Q.45 ‘Uniform Civil code for the citizens’ is mentioned in which of the following Articles
of the Indian Constitution?
a) Article 43
b) Article 43A
c) Article 44
d) Article 45
Q.46. Which of the following statements regarding Executive Power of the Union is/are
found to be correct?
I. The executive power of the union shall be vested in the President and shall beexercised
by him either directly or through officer’s subordinate to him in accordance with the
constitution.
II. Without prejudice to the generality of the foregoing provision, the supreme command
of the Defence Forces of the union shall be vested in the President and the exercise thereof
shall be regulated by law.
a) I and II
b) Neither I nor II
c) Only I
d) Only II
a) Absolute
b) Arbitrary
c) Oppressive
d) All of them
The Preamble to the Constitution of India secures “Justice, Liberty, Equality and
Fraternity” to:
a) all persons
b) those who reside within the territory of India
c) all citizens
d) those citizens who reside within the territory of India
a) criminal
b) civil
c) both civil and criminal
d) neither civil not criminal
A person who claims that the police violated her/his legal rights must likely
haveher/his case tried in which type of court?
a) civil
b) criminal
c) both civil and criminal
d) neither civil nor criminal
Stare Decisis is the doctrine that requires lower courts to adhere to existing
caselaw in their decisions.
a) True
b) False
a) Due Process
b) Adversarial Process
c) Trust the Process
d) Right
The assumption that criminal acts injure not just individuals, but society as
awhole is fundamental to which of the following laws?
a) Criminal Law
b) Administrative Law
c) Procedural Law
d) Statutory Law
Q.59.. When a higher court publishes its opinion on a case, that opinion may state new
rules to be used in deciding the case and others like it. This is known as
a) procedural law
b) case law
c) criminal law
d) high court law
The term 'common law' has three different meanings. Which of the following
isnot a meaning of the term 'common law'?
Regarding the system of equity, which one of the following statements is untrue?
a) If the common law and equity conflict, the common law prevails.
b) Equity refers to the supplementary system of law that originally derived from the decisions
of the Court of Chancery.
c) The rules of equity are more concerned with fairness than the rules of the common law.
d) The administration of the common law and equity is fused, so any court may apply
common law or equitable principles.
a. Separation of power
b. Principles of natural justice
c. Rule of equity
d. Rule of law
Q.65 In which of the following cases it was observed that the ‘Separation of powers
between the Legislature, executive and Judiciary forms part of the basic structure of the
Constitution’
a) Maneka Gandhi v. Union of India (AIR 1978 SC 597)
b) Rai Sahib Ram Jawaya Kapur v State of Punjab (AIR 1955 SC 549)
c) ADM Jabalpur v. Shivkant Shukla, (AIR 1976 SC 1207)
d) Kesavananda Bharti v State of Kerela (AIR 1973 SC 146)
Unit IV
What is a statute?
a. An act of parliament
b. A Legislative document
c. A formal written enactment
d. All of the above
What is an Act?
a. Specific word
b. A Particular Law Dealing in A particular area
c. An Act is a Statue
d. All of the above
Which one of the following is the type of sources for legal research?
a. Primary Source
b. Secondary Source
c. Both of these
d. None of these
which type of research study the analysis of judgments and legal provisions.
a. Doctrinal research
b. Non- doctrinal research
Q. 11. In which type of research does the research tries to establish a relationship
between theory and practice.
a. Doctrinal research
b. Non- doctrinal research
Is the view that research is much concerned with proper collection of facts,
analysis and evaluation thereof, is true or false
a. True
b. False
Q. 26. which of the following are the dis- advantages of Non- Doctrinal research?
a. extremely time consuming and costly
b. legal principle, doctrine under inquiry are subjective in nature
c. does not involve a study of the factors that lie outside law or legal system
d. the ‘inquiry’ into a legal principle or concept or law, therefore, does not get any
support from social facts or values.
Q.31. Is the statement true or false “non-doctrinal legal research is that which gets its
data primarily from sources other than law [i.e. society] and focuses on ‘social reality of
law’ rather than on ‘law’ itself”.
a. True
b. False