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Law Questions and Answers for Competitive Exams | Law Quiz Set 47

Questions
1 Read Assertion (A) and Reason (R) and answer by using the codes given below :

Assertion (A) : Administrative law is a law, but it is not law in the lawyer’s sense of the term like property or contract law. Reason (R) : In India, Administrative law, is a combination of judicial precedents and statutes. Codes :

1 Both (A) and (R) are true and (R) is correct explanation of (A)
2 Both (A) and (R) are true, but (R) is not correct explanation of (A)
3 (A) is true, but (R) is false
4 (A) is false, but (R) is true

Answer: Both (A) and (R) are true and (R) is correct explanation of (A)
2 In which of the following cases doctrine of necessity was applied by the Supreme Court ? Answer by using the codes below :
  1. Election Commission of India v/s. Dr. Subramaniam Swamy
  2. Ashok Kumar Yadav v/s. State of Haryana
  3. Institute of Charted Accountants of India v/s. L.K. Ratna
  4. Amarnath Chowdhary v/s. Braithwaite

Codes :

1 (a) and (b) only
2 (c) and (d) only
3 (a), (b) and (c) only
4 (a), (b), (c) and (d) all

Answer: (a) and (b) only
3 In which of following cases the Supreme Court of India made reference to ‘legitimate expectation’ to review the administrative action ?
1 State of Haryana v/s. Darshana Devi
2 State of Kerala v/s. K.G. Madhavan Pillai
3 Mahavir Singh v/s. State of Rajasthan
4 SAHELI, A Women Resource Centre v/s. Commissioner of Police

Answer: State of Kerala v/s. K.G. Madhavan Pillai
4 Which of the following statement is correct in relation to the establishment of Lokayukta under the Lokpal and Lokayukta Act, 2013 ?
1 Every State shall establish Lokayukta strictly under this Act within four years from the date of commencement of the Act
2 Every State shall establish Lokayukta by the law of legislature, if not established earlier, within one year from the date of commencement of the Act
3 The states already having Lokayukta shall amend their Acts within one year and other states shall establish within two years from the date of commencement of the Act
4 States need not to establish Lokayukta

Answer : Every State shall establish Lokayukta by the law of legislature, if not established earlier, within one year from the date of commencement of the Act
5 In the following cases Lokpal has jurisdiction to conduct inquiry. Answer by using the codes below :
  1. Member of Parliament
  2. Group ‘C’ and ‘D’ public servants
  3. Employee of the Board or Corporation or Company financed by Central Government
  4. Any officer of Society or Association or Trust wholly or partly financed by Central Government

Codes :

1 (a) and (d) only
2 (b) and (c) only
3 (a), (b) and (c) only
4 (a), (b), (c) and (d) all

Answer: (a), (b), (c) and (d) all
6 Give correct answer by using the codes given below :
  1. The writ of mandamus as well as the writ of certiorari is available against administrative authorities as well as judicial and Quasi judicial authorities
  2. The writ of mandamus acts where authority declines jurisdiction whereas the writ of certiorari acts where the courts and tribunals exceed their jurisdiction
  3. The writ of mandamus compels whereas the writ of certioraris corrects

Codes :

1 Only (a) is correct
2 Only (a) and (b) are correct
3 Only (b) and (c) are correct
4 (a), (b) and (c) all are correct

Answer: Only (b) and (c) are correct
7 Which one of the following theories of punishment studies the psychology of the criminal and takes the punishment as a social end ?
1 Preventive
2 Deterrent
3 Reformative
4 Retributive

Answer: Reformative
8 “The movement of progressive societies has hitherto been a movement from status to contract.” This statement is of
1 Savigny
2 Roscoe Pound
3 Henery Maine
4 Puchta

Answer: Henery Maine
9 he difference between judicial and legislative creativity has been that “the creative power of the court is limited by existing legal material at their command. They find the material and shape it. The legislature may manufacture entirely new material.” This statement is of
1 Kelsen
2 Blackstone
3 Allen
4 Bentham

Answer: Allen
10 Read Assertion (A) and Reason (R) and give the correct answer using the codes given below :

Assertion (A) : The most important power of an owner is the right to exclude others. Reason (R) : The owner may grant to another many of his rights and yet remain owner. Codes :

1 Both (A) and (R) are true, but (R) is not the correct explanation of (A)
2 Both (A) and (R) are true and (R) is the correct explanation of (A)
3 (A) is true, but (R) is false
4 (A) is false, but (R) is true

Answer: Both (A) and (R) are true and (R) is the correct explanation of (A)
11 Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below :

Assertion (A) : Austin said that, “only the laws set by sovereign to the members of a political society are positive law or law simply and strictly so called”. Reason (R) : In this theme of explaining laws, Austin attached importance to the element of sanction. Codes :

1 (A) and (R) are true and (R) is the correct explanation of (A)
2 (A) and (R) are true, but (R) is not the correct explanation of (A)
3 (A) is true, but (R) is false
4 (A) is false, but (R) is true

Answer: (A) and (R) are true and (R) is the correct explanation of (A)
12 Which one of the following statement correctly conveys Fuller’s theory of inner morality of law ?
1 The contents of every law, in order to be valid, must be of a minimum moral standard
2 The question of morality of law is not for the courts
3 The question of morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it
4 Every piece of law, in order to be valid, must fulfil certain procedural requirements like generality and consistency, etc

Answer: The contents of every law, in order to be valid, must be of a minimum moral standard
13 In which of the following judicial commutation becomes an impossibility ?
1 Double murder
2 Sedition
3 Gang rape followed by homicide
4 Refugee committing a crime in India

Answer: Gang rape followed by homicide
14 The criminal liability can be fixed for mis-representation as per section 90 of Indian Penal Code, is ascertained when the consent is obtained by
1 Fraud which prevents exercise of will
2 Fear of being forced to suffer injury
3 Persuaded to cure from snake bite and submitting to it
4 Causing miscarriage to terminate illegal pregnancy

Answer: Fraud which prevents exercise of will
15 Which of the following acts do not relate to instigation ?
1 Express solicitation
2 Counselling to console
3 Stimulation
4 Insinuation

Answer: Counselling to console

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