LAW
PAPER – II
NOTE : This paper contains fifty (50) objective type questions of two (2) marks each. All questions are compulsory.
1. In which of the following cases, the Supreme Court held that ‘the preamble is the part of the constitution’ ?
(A) Berubari union and Exchage of enclave
(B) Golaknath v/s State of Punjab
(C) Kesavananda Bharati v/s State of Kerala
(D) None of the above
2. Clause(5) of article-15 has been added to the constitution by :
(A) Constitution (First Amendment) Act
(B) Constitution (Seventh Amendment) Act
(C) Constitution (Forty-second Amendment) Act
(D) Constitution (Ninety-third Amendment) Act
3. Match List-I with List-II and select the correct answer using the codes given below the lists :
4. Rights of a citizen under Article-19 are automatically suspended during the period of emergency, if emergency under Article-352 is declared on the grounds of :
(A) war, external aggression or armed rebellion
(B) war or armed rebellion
(C) external aggression or armed rebellion
(D) war or external aggression
5. In which of the following cases the supreme court has held that the word ‘law’ in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law ?
(A) A.K. Gopalan v/s State of Madras
(B) Maneka Gandhi v/s Union of India
(C) Both (A) and (B) above
(D) None of the above
6. A distinguished jurist can be appointed as a judge of the :
(A) high court only
(B) supreme court only
(C) high court or supreme court both
(D) none of the above
7. ‘Which cannot be done directly, cannot be done indirectly.’ – This statement epitomises the doctrine of :
(A) colourable legislation
(B) pith and substance
(C) harmonious construction
(D) eclipse
8. Match List-I with List-II by using the codes given below :
Possession must be protected because :
9. Which one of the following statements is not correct ?
(A) Austin and Kelson did much to rescue jurisprudence from the so-called confusion of social sciences.
(B) Historical school of jurisprudence was a reaction against a prior methods of reasoning of eighteen century
natural law.
(C) Cujas and Hugo also applied the historical approach in the study of law.
(D) Savigny did not discard the principle of natural law.
10. Match List-I (Name of Books) with List-II (Name of Writers) and select the correct answer :
11. The term ‘Legal Theory’ has been first time coined by :
(A) Hans Kelson
(B) W. Friedman
(C) Salmond
(D) Ronald Dworkin
12. Which of the following statement is not true about the conformity of custom ?
(A) It should be in conformity with public policy.
(B) It should be in conformity with statutory law.
(C) In England, custom will be recognised even if it is in conflict with some fundamental principles of law.
(D) The custom must not be in conflict with tradition.
13. “No one has any other right than always to do his duty.” It was stated by :
(A) Kelsen
(B) Prof. Duguit
(C) Holland
(D) Salmond
14. Assertion (A) : Custom is per se law, independent of its prior recognition by the sovereign or the judge.
Reason (R) : Custom is a source of law.
Codes :
(A) Both (A) and (R) are true but (R) is the correct explanation of (A).
(B) Both (A) and (R) are true but (R) is not a correct explanation of (A).
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
15. Assertion (A) : According to John Austin, international law is true law and not negative international morality.
Reason (R) : Three elements in Austin’s definition of law, namely command of the sovereign, duty of inferiors and
sanction incase inferior who commit breach of the command are absent in international law.
Codes :
(A) Both (A) and (R) are true and (R) is the correct explanation of (A).
(B) Both (A) and (R) are true but (R) is not a correct explanation of (A).
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
16. “International law is international morality or ethics, international courtesy or convention in the social sense of the word, comity as distinguished from rule of law.” Above statement is attributed to :
(A) Hobbes
(B) Pufendorf
(C) Bentham
(D) Kelsen
17. Match List-I with List-II and select the correct answer using the codes given below :
18. Estrada doctrine relates to
(A) Necessity of recognition
(B) form of recognition
(C) No necessity of recognition
(D) Recognition is superficial
19. Principle of United Nation is
(A) Some sovereigns are more equal than others.
(B) Member nations have rights but no obligations.
(C) All members shall settle their international disputes by peaceful means.
(D) All members shall settle their national disputes by peaceful means.
20. Doctrine of forum prorogatum means
(A) Jurisdiction cannot be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.
(B) Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.
(C) Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants after the proceedings.
(D) None of the above
21. Assertion (A) : Nikah is a regular and permanent form of marriage among Muslims.
Reason (R) : Muta is contractual form of marriage and is most uncommon in India.
Codes :
(A) Both (A) and (R) are correct.
(B) (A) is correct but (R) is false.
(C) (R) is correct but (A) is wrong.
(D) Neither (A) is correct nor (R) is correct.
22. Where a Hindu male and Hindu female contract their marriage under the special Marriage Act, 1954, Hindu personal law :
(A) Applies to such marriage
(B) Does not apply
(C) Applies with some modifications
(D) Applies with Indian Contract Act
23. When two persons are descendants of a common ancestor but by different wives, they are said to be related to each other by :
(A) Full Blood
(B) Uterine Blood
(C) Half – Blood
(D) None of the above
24. The term “Hindu” denotes the persons :
(i) professing Hindu religion
(ii) professing Buddh, Jain or Sikh religion
(iii) who are not professing Muslims Christian, Parsi or Jain religion.
In respect of the aforesaid propositions which is correct ?
(A) (i) and (ii) are correct and (iii) is incorrect.
(B) (ii) and (iii) are correct and (i) is incorrect.
(C) (i) and (iii) are incorrect but (ii) is correct.
(D) (i), (ii) and (iii) all are correct.
25. Assertion (A) : A having a wife alive, marries another wife. The marriage is void.
Reason (R) : Monogamy is the Law.
Codes :
(A) Both (A) and (R) are true.
(B) Both (A) and (R) are false.
(C) (A) is true but (R) is false.
(D) (A) is false but (R) is true.
26. A marriage under Muslim law between persons with fosterage relationship is :
(A) Sahih
(B) Batil
(C) Fasid
(D) None of the above
27. Under the Indian Contract Act, acceptance of proposal should be
(A) Conditional or Unconditional
(B) Conditional but not absolute
(C) Unconditional and absolute
(D) Unconditional but not absolute
28. In Indian Contract Act, the term voidable contract has been defined under :
(A) Section 2(e)
(B) Section 2(h)
(C) Section 2(i)
(D) Section 2(g)
29. Contractual liability arises, where
(A) there is offer and acceptance only
(B) there is intention to create legal relation
(C) there is loss to one party
(D) the loss of one party is the gain of other party
30. There may be a contract without consideration, if
(A) agreement is in writing and registered.
(B) parties to the agreement are in near relationship.
(C) agreement is made due to natural love and affection.
(D) All the above elements are present.
31. An agreement of trade combination to regulate legal trade in organised way is
(A) Void
(B) Voidable
(C) Legal
(D) Illegal
32. Which one of the following statements is true ?
(A) Intimation of minimum price is proposal.
(B) An agreement against public policy is voidable.
(C) An agreement, the meaning of which is not certain is void.
(D) Contingent contracts are illegal.
33. Which one of the following is correct ?
(A) Damages can be dispensed with in tort
(B) Damages cannot be awarded in tort when other remedies are provided by a statute
(C) A remedy by way of damages is essential ingredient of tort
(D) Damages can be awarded only if there is a physical injury
34. After considering the following, choose the right choice :
1. infringement of a legal right
2. legal damage
3. any damage
4. existence of a legal right
Right to claim damages in tort would arise only if :
(A) 1, 2 and 3 are present.
(B) 1, 2 and 4 are present.
(C) 1, 3 and 4 are present.
(D) All 1, 2, 3, 4 are present.
35. Mental condition of the wrong doer is
(A) relevant in all torts
(B) not relevant in tortious liability
(C) relevant in case of strict liability
(D) relevant in torts based on fault
36. P voluntarily accepted lift from D who was drunk and driving the car. D was affected by the drink and this
was known to P. D caused the accident in which P suffered injury. Here,
(A) D can escape the liability because P was aware of risk.
(B) D is liable because P did not agree to suffer the harm.
(C) D is not liable because he gave free lift to P.
(D) D is liable because the degree of intoxication was not to such an extent that it can be assumed that there was voluntary assumption of risk by P.
37. A rickshaw was being pulled by the rickshaw puller with three passengers on board, which was against law. A bus was being driven rashly and negligently by its driver. The bus collides with rickshaw resulting into damage to rickshaw and injury to rickshaw passengers. Here
(A) passengers cannot claim compensation from bus operator for the injury as they themselves were not acting
according to law.
(B) passengers cannot claim compensation from bus operator as there was contributory negligence on their part.
(C) passengers can claim full compensation from bus operator as their negligence has not contributed to their injury.
(D) passengers are entitled for compensation which shall be proportionally reduced taking into account their illegal act.
38. Consider the following and then select the right code :
1. Absolute liability implies liability without fault.
2. In case of absolute liability defendant is liable for the injury if his act is the direct and proximate cause of plaintiff’s injury.
3. Absolute liability is the liability of the defendant without any defence.
4. In absolute liability, defendant can escape the liability if he can prove that the damage was the result of an act of stranger.
Codes :
(A) 1, 2 and 4 are correct.
(B) 2 and 3 are correct.
(C) 1, 2 and 3 are correct.
(D) 1 and 4 are correct.
39. Causing one thing to resemble another thing is known as :
(A) Counterfeit
(B) Deception
(C) Cheating
(D) All of them
40. A private libel is not considered as strict liability because :
(A) There is no common injury or danger inferred from the facts
(B) It was the result of bonafide belief
(C) It is not a statutory offence
(D) The principles of Rayland v/s Fletcher is not applicable
41. Assertion (A) : The principle of common intention applies when a criminal act is done by several persons in furtherance of that intention.
Reason (R) : A intentional cooperation for committing an offence culminated from several acts.
Codes :
(A) (A) is true but (R) is not the reason.
(B) Both (A) and (R) are true and (R) is the reasonable explanation of (A) .
(C) Both are distinctive offences and (A) is not dependent on (R).
(D) (A) is false but (R) is true.
42. Assertion (A) : The right of private defence does not depend upon the actual criminality of the aggressor but on the wrongful character of the act attempted.
Reason (R) : Even if an act is treated as offence the right of private defence arises against the author despite his personal incapacity.
Codes :
(A) (A) is correct principle because (R) is the right reason.
(B) (A) is untenable under law while (R) is the justifiable cause.
(C) (A) is the law on an unlawful act while (R) results without mens rea.
(D) (A) is not true while (R) is false.
43. The maxim “De Minimis non curat” relates to _______.
(A) Slight harm
(B) Trifles
(C) Exhibition of disrespect
(D) Annoyance
44. Instigating or engaging in a conspiracy or intentionally aiding a person to commit an offence is better
known as _____.
(A) Principal Crime
(B) Second Degree Crime
(C) Wilful mis-representation
(D) Abetment
45. The First Come Last Go, and the Last Come First Go rule is associated with
(A) Strike
(B) Lock out
(C) Retrenchment
(D) Closure
46. One of the following is not the duty of works committee under the Industrial Disputes Act.
(A) To promote measures for securing and preserving amity and good relations between the employees and workmen.
(B) To form groups among workmen and strengthen mediation between employer and employee.
(C) To achieve the object, it is their duty to comment upon matter of common interest or concern of employers and workmen.
(D) to endeavour to compose any material difference of opinion in respect of matters of common interest or concern between employers and workmen.
47. An unregistered trade union has one of the following disadvantage :
(A) It can acquire and hold both movable and immovable property.
(B) It has no corporate existence.
(C) It can contract through agents.
(D) It is a legal entity.
48. In order to entitle the workmen to wages for the period of strike, the strike should be legal as well as justified. The above principle was laid down in one of the following case by the apex court :
(A) Crompton Greaves v/s The workmen AIR 1978 SC.
(B) Ballarpur collieries v/s C.G.I.T Dhanbad AIR 1972 SC.
(C) Management of India Radiatiors Ltd and another v/s presiding officer and another AIR 2003 II LLJ (Mad)
(D) Workmen of Motor Industries Co. Ltd v/s Management of Motor Industires Co Ltd AIR 1969 SC.
49. In one of the following case the Supreme Court held that when retrenchment of a workmen is invalid reinstatement can be ordered :
(A) Harindara Singh v/s Punjab State warehousing Corporation 2010 II LLJ SC
(B) Surendara Kumar Verma v/s Central Govt. Indl. Tribunal 1981 ILLJ SC
(C) Management W.B. India Ltd v/s Jagannath AIR 1974 SC
(D) Pioneer Ltd v/s Tajdar Hussain AIR 1974 SC
50. In which of the following, the members of the registered trade union can claim immunity in criminal cases ?
(A) The combination of two or more members of a registered trade union act in furtherance of a trade dispute.
(B) The combination of two or more members of a registered trade union act with an intention to create loss or
damage to the properties of the employer.
(C) The trade union leaders in exercise of the managerial powers direct the workers from abstaining to do the work.
(D) The members of a trade union act in combination with an intention to coerce the employer to acced to their demands.
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