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CBSE Questions for Class 11 Commerce Legal Studies Sources Of Law Quiz 1 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Sources Of Law
Quiz 1
Laws made by the President and Governors authorized to do so under the Constitution can be defined as ______________.
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Decentralized legislation
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Supreme legislation
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Subordinate legislation
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All of the above
Which one of following pairs is correctly matched ?
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Precedent legislation
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Precedent jurits
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Precedent judge
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Precedent Agreement
How you will classify legislation made by various authorities like Corporations, Municipalities, etc.,?
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Decentralized legislation
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Supreme legislation
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Subordinate legislation
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All 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
Customs are not enforceable by law, but are still prevalent in society and have societal sanctions attached to them.
Custom is source of law but by itself is not law.
Hence, option (D) is correct.
Who possesses the power of supreme legislation?
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Parliament of India
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RBI
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State Government
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Prime Minister of India
Which of the following legislation proceeds from the sovereign power in the State or which derives its power directly from the Constitution?
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Decentralized legislation
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Supreme legislation
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Delegated legislation
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Subordinate legislation
Which of the following doctrine lays down the principle that decisions of higher courts must be followed by the courts subordinate to them?
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Doctrine of merger
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Doctrine of election
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Doctrine of frustration
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Doctrine of precedent
Per Incuriam means ______________.
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mistaken decision
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supremacy of law
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mistaken identity
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supremacy of the Constitution
Explanation
Per incuriam
, literally translated as "through lack of care", refers to a judgment of a
court
which has been decided by not taking proper consideration or without reference to a statutory provision or earlier judgment which would have been relevant.
Ratio decidendi means _____________.
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a judicial decision
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part of the judgement which possesses authority
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any observation made by the court which goes beyond the requirement of the case
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an observation made by a judge
Explanation
Judicial decision ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends.
'Obiter dicta' means ______________.
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basis of judicial decision
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judgment of a court in the case before it
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an opinion given by the court not necessary for the decision
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direction by a judge
Explanation
The word obiter dicta is a Latin word which means “things said by the way.” Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting obiter dicta are therefore not binding. For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on merits of a case, then these opinions constitutes obiter dicta.
Bye-law making power granted to the executive by the Legislature is called _____________.
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Colourable Legislation
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Delegated legislation
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Administrative legislation
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None
______________ is that which proceeds from any authority other than the sovereign power, and is therefore dependent for its continued existence and validity on some superior or supreme authority.
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Decentralized legislation
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Supreme legislation
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Subordinate legislation
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All of the above
The guidance or authority of past decisions of the courts for future cases is also known as -
(i) Judicial decision
(ii) Obiter dicta
(iii) Precedent
Select the correct answer from the options given below-
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(i) or (ii)
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(ii) or (iii)
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(i) or (iii)
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(i) only
According to Austin, law is the "command of the___________".
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God
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Sovereign
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King
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Saints
When a judge makes certain remarks in the course of his judgement, which are said by the way and do not have direct bearing on the facts at hand, such remarks are called ___________.
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Ratio Decidendi
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Obiter Dictum
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Observations
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Comments ordinaralis
Explanation
The word obiter dicta is a Latin word which means “things said by the way.” Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting obiter dicta are therefore not binding. For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on merits of a case, then these opinions constitutes obiter dicta.
Those sources from which the law derives its force and validity, are _____.
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Formal Sources
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Material Sources
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Formal and Material Sources
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None of the above
Statutory body is creation of ________,
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municipal corporation
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judiciary
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act of parliament
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all of the above
Which of the following could be considered to be advantages of legislation over precedent ?
Abrogative power
Fore knowledge
Prospective application
Systematic arrangement
Select the correct answer the using codes given below
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1,2, 3 and 4
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2 and 3
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1,2 and 4
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1,2 and 3
A law which prescribes a general course of action imposed by some authority which enforces it by superior power either by physical force or any other form if compulson is known is ___.
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Imperative law
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Conventional law
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Civil law
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International law
Special laws are_____.
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Local laws
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Foreign and Conventional laws
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Foreign and Automatic laws
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All of the above
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