1. Savigny’s view of the law was first presented in the famous pamphlet “Of the Vocation of our Age for Legislation and Jurisprudence”. This pamphlet was…………..
(a) a reaction against natural law theory
(b) a reaction against the analytical theory of John Austin
(c) a reaction to the proposals made by Professor A.F.J. Thibaut for the codification of the laws and customs of the German States on the basis of Roman Law and Napoleonic code
(d) a suggestion for the codification of the laws and customs of the German States on the basis of Roman law as Roman law had become the Germanic Volksgeist
2. In order that a local custom may be valid and operative as a source of law, which of the following requirements besides antiquity are to be satisfied?
(2) Conformity with statute
(3) Observance as a matter of moral right Select the correct answer using the codes given below:
(a) (1), (2) and (3)
(b) (2) and (3)
(c) (1) and (3)
(d) (1) and (2).
3. ‘Positive law’ is called positive because it is
(a) made as a result of divine providence
(b) made as a result of collective effort
(c) made by a person in authority
(d) followed by everybody.
4. The Supreme Court in State Trading Corporation of India v. Commercial Tax Officer (1963), observed that a company registered under the Companies Act, 1956…………………….
(a) is a legal person but it cannot avail itself of fundamental rights under the constitution available to citizen only
(b) can neither claim legal personality nor right of a citizen
(c) is like a citizen of India and can avail itself of all rights available to citizens of India.
(d) is a legal person and equivalent to a group of citizens
5. Hans Kelsen talked about
(a) Validity and rigidity of norms
(b) Validity and propriety of norms
(c) Validity and effectiveness of norms
(d) Validity and solidity of norms.
6. Customs not only precede legislations, but are even superior to it. Match it with one of the following
(a) Sir Henry Maine
(c) Hugo Von Savigny
(d) Roscoe Pound.
7. Just as Immunity is freedom from the power of another, liberty is
(a) freedom from the claim of another
(b) freedom from disability
(c) freedom from suffering and misery
(d) freedom in every sense.
8. “I have a right to do as I please.” The term ‘right’ in this statement refers to
9. Which statement below is the least likely to follow logically from Savigny’s notion of a Volksgeist?
(a) A society’s law is a reflection of its culture
(b) Law is like language
(c) Law is influenced hugely by religion
(d) Law is an integral element of the social fabric.
10. Maine’s famous aphorism that ‘the movement of progressive societies has hitherto been a movement from Status to Contract’ is often misunderstood. In what way?
(a) His idea is considered inapplicable to Western legal systems
(b) It is misinterpreted as a prediction
(c) Because Status can never lead to Contract
(d) Because Status and Contract are two unrelated concepts.
11. If a norm is for long disregarded in practice and the courts no longer follow it in deciding cases; such a disuse of norms is called as
12. The corpus of law was classified by Austin. Which is the odd one out?
(a) Positive law
(b) Divine law
(c) Positive morality
(d) Laws by metaphysics.
Answers: 1.(c), 2.(d), 3.(c), 4.(a), 5.(c), 6.(c), 7.(a), 8.(c), 9.(c), 10.(b), 11.(a), 12.(d)
The answers are suggestive. Kindly verify from the basic documents and recommended text book in case of doubts.