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CBSE Questions for Class 11 Commerce Legal Studies Nature And Meaning Of Law Quiz 1 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Nature And Meaning Of Law
Quiz 1
"Justice is the main guiding element of law" is defined under which school?
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Natural
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Sociological
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Positivistic
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Historical
Law is "essentially and exclusively a social fact" is given under _______
jurisprudence.
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Historical
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Sociological
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Realist
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Positivistic
Explanation
Sociological jurisprudence is a term coined by the American jurist Roscoe Pond to describe his approach to the understanding of the law. This philosophical approach to law stresses on the actual social effect of legal institutions, doctrines and practices. It examines the actual effects of the law within society and the influence of social phenomena on the substantive and procedural aspects of law.
______ define law in terms of judicial process.
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positivists
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naturalists
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socialists
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realists
The opposite of the rule of law is.
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anarchy
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the rule of men
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the rule of custom
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the rule of reason
Justice is the_________ Law is the ____________.
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Means, end
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Cause, effect
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Effect, cause
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End, means
Types of Human laws are _____.
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Positive law and other
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Act of God and improperly called
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Both of the above
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None of the above
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Both Assertion and Reason are correct and Reason is the correct explanation for Assertion
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Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion
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Assertion is correct but Reason is incorrect
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Assertion is incorrect but Reason is correct
Explanation
Laws are means of achieving an end namely social control.
The goal of social control is to maintain order in society and ensure conformity in those who are deemed as deviant or undesirable in society.
Hence, option (B) is correct.
Law _______________.
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follows human behavior
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prescribes rules
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one mans property
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institution for Parda Nashin Ladies
Who described Law as, " a set of rules imposed and enforced by society with regard to the attribution and exercise of power over persons and things"?
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Vinogradoff
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Austin
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Kelsen
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Salmond
Who defined Law as "the art or science of what is equitable and good"?
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Cicero
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Salmond
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Ulpine
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Jack Welch
Duguit defines law as " essentially and exclusively as a ____ fact."
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Social
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Material
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Immaterial
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Normal
According to Kelsen, law is a '____________'.
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Positive science
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Normative science
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Positive art
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Normative art
Which of the following is/are the main characteristics of law?
Law pre-supposes a State.
Authorization from State to make, or recognizes or sanction rules.
Laws are made to serve some purpose.
Select the correct answer from the options given below -
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1 only
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1 and 2 only
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2 and 3 only
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1, 2 and 3
Principle
One of the principles of natural justice is
Nemo judex in causa sua
, which means that no one should be a judge in his own cause. In other words, no person can judge a case in which he has an interest.
Facts
'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.
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Selection of 'X' is against the principle of natural justice.
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Selection of 'X' is not against the principle of natural justice.
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Non-selection of 'X' will be against the principles of natural justice.
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Non-participation of 'X' in the board deliberations will render his selection valid.
Explanation
In the given scenario, selection of X is not against the principle of natural justice, as X did not take part in the deliberations of the board when his name was considered and approved.
Which of the following is essential of the definition given by Duguit?
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Law prevents disobedience.
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Laws are made effective by administering some form of punishment.
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Law is treated as only one means of social control.
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Laws are not static.
Principle
: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it had largely been replaced and extended by the general duty to act fairly'.
Fact
: 'X' a male employee of a company was dismissed by the employer just on the basis of a complaint by 'Y', a female employee of the company that 'X' was trying to be too friendly with her and often requested her to accompany him to the canteen.
Is the dismissal of 'X' valid?
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No, because in the modern times this type of behavior is common.
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Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law
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Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.
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No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Explanation
No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated.
Rule of laws means __________________.
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Law spelt out in terms of rules and regulation
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Equal law related to the whole country
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Law related to judiciary
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Law that does not recognized any special privilege based on birth or wealth.
Explanation
Rule of laws means
law
that does not recognized any special privilege based on birth or wealth
Match the following with reference to definition of law :
List - I
List - II
P. Ulpine
Law is the aggregate of rules set by man as politically superior, or sovereign, to men as political subject.
Q. Vinodgradoff
Law is essentially and exclusively social fact.
R. Austin
Law is the art or science of what is equitable and good.
S. Kelsen
Law is a Normative science.
Law is a set of rules imposed and enforced by society with regard to the attribution and exercise of power over persons and things.
Select the correct answer from the options given below-
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P- 5, Q- 3, R- 4, S- 1
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P- 3, Q- 5, R- 1, S- 2
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P- 3, Q- 5, R- 4, S- 1
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P- 3, Q- 5, R- 1, S- 4
According to Ulpian, Jurisprudence is _____.
Which are correct ?
The Knowledge of things, divine and human
Science of right and wrong
Scientific synthesis of the essential principles of law
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1
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1 and 2
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1 and 3
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1, 2 and 3
Law is the art or science of what is equitable or good. Who said this?
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Salmond
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Ulpine
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Kelsen
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Holmes
The nature and meaning of law may be defined through _____ school.
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Modern
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Artificial
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Realistic
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None of the above
LEGAL PRINCIPLE:
The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general 'duty to act fairly'.
FACTUAL SITUATION:
'X', a male employee of a company was dismissed by the employer just on the basis of a complaint by 'Y', a female employee of the company that 'X' was trying to be too friendly with her and often requested her to accompany him to the canteen.
Is the dismissal of X valid?
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No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
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Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and not violations of the principles of natural justice occurred.
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Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law.
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No, because in the modern times this type of behaviour is common.
Explanation
Principles of natural justice constitute one of the most important concepts of Administrative law. The expression 'natural justice' has been interpreted to cover several rules of equity and fair play and is sometimes also referred to as 'substantial justice', 'fundamental justice', 'Universal justice' and 'fair play in action'. The underlying object of natural justice is not only to secure justice, but also to prevent miscarriage of justice, thus ensuring that fundamental liberties and rights of citizens are well protected.
Two basic pillars of principles of natural justice
1. Nemo debet esse judex in propria causa: no man can be a judge in his own cause
2. Audi alteram partem: A person cannot be condemned without being heard
Considering the above given situation the dismissal of X is against the principles of natural justice, considering the second basic pillar of natural justice i.e. Audi alteram partem
According to whom, jurisprudence is a part of history, a part of economics and sociology, a part of ethics and a philosophy of life ?
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Pound
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Keeton
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Radclifle
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None of the above
Who defines Jurisprudence as the formal science of positive law ?
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Ulpain
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Austin
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Holland
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Allen
According to Salmond, a __________ is one which is merely the application of an already existing rule of law.
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Absolutely authoritative precedents
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Persuasive precedents
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Declaratory precedent
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Conditionally authoritative precedents
According to whom, jurisprudence is a complete scientific treatment of any body of law involves the study of these categories mentioned above ?
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Holland
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Keeton
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Salmond
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None of the above
Who defines Jurisprudence as study of, and systematic arrangement of the general principle of law ?
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Holland
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Allen
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Keeton
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Pound
According to whom, jurisprudence is the science of law using the term law ?
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Pound
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Keeton
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Allen
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Holland
The uses of study of Jurisprudence are _____.
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It throws light on the basic ideas and fundamental principles of law in a given society
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Supplies an epistemology of law, a theory as to the possibility of genuine knolwedge in the legal sphere
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Both (a) and (b)
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None of the above
The Book written by Bentham is ______.
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The limits of Jurisprudence defined
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English Jurisprudence
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French limits
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None of the above
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