CBSE Questions for Class 11 Commerce Legal Studies Nature And Meaning Of Law Quiz 5 - MCQExams.com

Consider the following four types of legal doctrine.
$$1$$. Volksgeist
$$2$$. Imperative theory of law
$$3$$. Social engineering
$$4$$. Social solidarity
Identify the correct order in terms of time of time in which they appeared.
  • $$1, 2, 3$$ and $$4$$
  • $$2, 1, 4$$ and $$3$$
  • $$3, 4, 1$$ and $$2$$
  • $$2, 1, 3$$ and $$4$$
Savigny's view of the law was first presented in the famous pamphlet of the vocation of our age of legislation and Jurisprudence. This pamphlet was _______.
  • A reaction against natural law theory
  • A reaction against the analytical theory of John-Austin
  • A reaction to the proposals made by professor A. F. J. Thibaut for the codification of the laws and custom of the German states on the basis of Roman law and Napoleonic code
  • A suggestion for the codification of the laws and customs of the German states on the basis of Roman law had become the Germanic Volksgeist
Salmond enumerates five characteristics of legal rights. Four such characteristics are:
$$1$$. Subject of right
$$2$$. Object of right
$$3$$. Content of right
$$4$$. Title of right
The fifth characteristic is?
  • Property in respect of which right is claimed
  • Act or omission required by the right
  • The legal reason for the existence of the rights
  • The subject of the corresponding duty
The realist theory of personality explained legal personality as the product of _______.
  • Concession by the state
  • Braketing by courts of a group of natural persons
  • A group of natural persons developing a ground mind
  • Fiction recognized by law
Who described Jurisprudence as Lawyer's extroversion?
  • Savigny
  • Salmond
  • Julius Stone
  • Buckland
Positive law is called positive because it is _______.
  • Made as a result of divine providence
  • Made as a result of collective effort
  • Made by a person in authority
  • Followed by everybody
The statement "There is no distinction between Public and Private law" is attributed to _____.
  • Comte
  • Spencer
  • Duquit
  • Ehrlich
Ownership is legal indefinite in point of user unrestricted in point of disposition and unlimited in point of duration over a determinate thing. This definition of ownership has been given by______.
  • Salmond
  • Allen
  • Paton
  • Austin
Which of the following is an element of Ihering theory of possession ?
  • Overemphasis on the element of animus
  • Equal emphasis on the elements of animus and corpus
  • Owner like appearance in relation to a thing
  • Immediate physical power to exclude any foreign agency
Who among the following jurists has defined ownership as a right over a determinate thing indefinite in point of user unrestricted in point of disposition and unlimited in point of duration ?
  • Austin
  • Bentham
  • Holland
  • Salmond
Legal rights are legally protected interests.
Which one of the following jurists made the above statement ?
  • Gray
  • Salmond
  • Ihering
  • Holland
Which one of the following statement is true ?
  • The analytical method which Austin applied was undoubtely of German origin
  • The method applied by Austin was the method already adopted by the Americans
  • Austin analytical method was the same as what was used by some Rcrman Jurists
  • The method of Austin was not borrowed from any where but was of English spoken
Consider the following statements :
Law is not made, but is already available in the soul of human beings.
The nature of legal system is a reflection of sprit of the people.
Law grows with the growth and stronger with the strength of the people.
Customary law dies when law is codified.
Which of the statements given above are related to the Volksgeist theory propagated by Savigny ?
  • 1,2 and 3
  • 2,3and4
  • 1,3 and 4
  • 1 and 4
A person is any being whom the law regards as capable of rights or duties was stated according to ______.
  • Ihering
  • Alexander Nekam
  • Stone
  • Salmond
Animus domini is an essential element of possession according to_______.
  • Savigny
  • Salmond
  • Pollock
  • Ihering
The analysis of rights into four pairs of correlative was done by ______.
  • Pound
  • Radin
  • Hohfeld
  • Kocourck
According to Austin, duties can be classified into two categories: relative and absolute. Absolute duties have no corresponding rights. Which one out of the following is not an absolute duty according to Austin ?
  • Duties towards God
  • Duties towards a person
  • Duties towards self
  • Duties towards sovereign
QPrinciple: 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.
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?
  • No, because in the modern times this type of behavior is common
  • No, because the employer did not give a chance to X to explain his side, thereby
    violated the principles of natural justice.
  • 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
  • Yes, because men are not supposed to behave improperly with women and hence
    there is no violation of any principles of law
Laws are.
  • informal norms
  • formal norms enforced by the state
  • casual folkways
  • less important than folkways
Who has rejected the concept of Right as, "immoral and against the interest of the society" ?
  • Laski
  • Edward Jenks
  • Buckland
  • Duguit
Fiction Theory is related to which of the following concepts ?
  • Ownership
  • Liability
  • Justice
  • Legal personality
Who has made a distinction between 'Law property So-called' and 'Law Improperly So-called' ?
  • Jeremy Bentham
  • G. W. Paton
  • John Austin
  • Oliver Wendell Holmes
Who among the following propounded the theory of possession which lays stress not on animus, but on defacto control ?
  • Salmond
  • Pollock
  • Holmes
  • Ihering
Consider the following statements.
Naturalists think of law in the time frame of continuum and positivists think in the time frame of the present because _____.
Law is a continuous process
Law and life are in a continuous process
Natural law is of divide origin whereas positive law is man made
Which of the statements given is correct?
  • 3
  • 2and 3
  • 1, 2 and 3
  • 1
Match List-I with List-II and select the correct answer using the codes given the Lists.
List-IList-II
(a) J. Austin$$1$$. A general rule of external human behaviour.
(b) J. Salmond$$2$$. Principles evolved by the decisions of courts.
(c) Holland$$3$$. Command of sovereign.
(d) Holmes$$4$$. Body of principles recognised and applied by state.
  • (a)-$$3$$, (b)-$$2$$, (c)-$$1$$, (d)-$$4$$
  • (a)-$$1$$, (b)-$$4$$, (c)-$$3$$, (d)-$$2$$
  • (a)-$$3$$, (b)-$$4$$, (c)-$$1$$, (d)-$$2$$
  • (a)-$$1$$, (b)-$$2$$, (c)-$$3$$, (d)-$$4$$
Match List-I with List-II and select the correct answer using the codes given the Lists.
List-IList-II
(a) Bentham$$1$$. Concept of law
(b) Austin$$2$$. Pure theory of law
(c) Kelsen$$3$$. Limits of Jurisprudence defined
(d) Hart$$4$$. Province of Jurisprudence determined

$$5$$. Concept of living law
  • (a)-$$1$$, (b)-$$2$$, (c)-$$5$$, (d)-$$3$$
  • (a)-$$3$$, (b)-$$4$$, (c)-$$2$$, (d)-$$1$$
  • (a)-$$1$$, (b)-$$4$$, (c)-$$3$$, (d)-$$2$$
  • (a)-$$3$$, (b)-$$2$$, (c)-$$5$$, (d)-$$1$$
While digging the foundation of a building the labourers found a bronze statue belonging prechistian era. The possession of the statue was claimed by the owner of the land. Which one of following could be a appropriate ground for the claim of the land owner?
  • The labourers are employees of the owner working under his control
  • The owner has corpus of the land and has the right indefinite
  • The owner has the right to exclude all other from control over the statue and has therefore a priority recognized by law
  • The owner is assumed to have intended to control all that which lies under the piece of land he owns
Who is considered to be the American leader in the field of Sociological Jurisprudence ?
  • Roscoe Pound
  • Ehrlich
  • Ihering
  • Austin
At Present as well as at any other time the Centre of gravity of legal development lies not in legislation, nor in Juristic Science nor in Judicial decision but in society itself. Who states this ?
  • Eugen Ehrlich
  • Hugo
  • Ihering
  • Gierke
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