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Jurisprudence - 2 (CBSE (UGC) NET)

Description: Jurisprudence - 2
Number of Questions: 15
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Tags: Company Law Law Legal Aptitude Jurisprudence Practice Test Legal Issues Jurisprudence
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Salomon v. Salomon and Co Ltd is a case on

  1. corporate morality

  2. corporate conspiracy

  3. corporate personality

  4. corporate financing


Correct Option: C
Explanation:

Salomon v Salomon and Co Ltd is a landmark UK company law case. The effect of the Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act, 1862. Creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts.

Which of the following is not a legal person?

  1. Idol

  2. Company

  3. Guru Granth Sahib

  4. None of the above


Correct Option: D
Explanation:

All the above mentioned options come under 'legal personality'. They can sue and be sued. 

Res nullius belongs to him who

  1. makes it

  2. discovers it

  3. purchases it

  4. first obtains possession of it


Correct Option: D
Explanation:

Res nullius means that which belongs to no one. Res nullius belongs to him, who first obtains the possession.

“Possession is nine-tenths of law.” It implies

  1. possession has become a pure technicality of the law

  2. possession has become a variable concept of the law

  3. ownership is easier to maintain if one has possession of something

  4. None of the above


Correct Option: C
Explanation:

Possession is nine-tenths of law is an expression meaning that ownership is easier to maintain if one has possession of something or difficult to enforce if one does not.

An idol of Lord Krishna in a temple is

  1. a natural person

  2. a legal person

  3. not a legal person in the eye of law because only the priest of the temple may be a legal person

  4. not a person because no personality can be conferred


Correct Option: B
Explanation:

Legal personality may be granted to entities other than individual human beings, e.g. a group of human beings, a fund or an idol. Twenty men may form a corporation which may sue and be sued in the corporate name. An idol may be regarded as legal persona in itself or a particular fund may be incorporated.

Mediate possession is one which a person can

  1. acquire through an agent or a servant

  2. acquire unlawfully

  3. acquire directly by himself

  4. acquire lawfully


Correct Option: A
Explanation:

Possession over a thing may be mediate or immediate. A thing possessed by a person directly or personally is said to be in immediate posses­sion while a thing possessed by a person through another is said to be in mediate possession.

Who said that ‘an unborn child has no legal entity because it is rightless'?

  1. Austin

  2. Paton

  3. Gray

  4. Salmond


Correct Option: B
Explanation:

Mr. William Paton said that ‘an unborn child has no legal entity because it is rightless'. Under English law, an unborn child does not have a legal entity and has no right over its mother's decision to abort it. 

What is the most essential criterion of possession?

  1. Corpus or physical control

  2. A legal instrument

  3. Intention to hold

  4. Beneficial interest


Correct Option: C
Explanation:

The intention to exclude others from the control of property is an essential element of factual possession. The intention to possess the property exclusively implies the intention to exclude all others including the true owner, whether known or unknown, to the adverse possessor.

Which of the following laws protect(s) possession in India?

  1. Specific Relief Act, 1963

  2. Civil Procedure Code, 1908

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Some provisions of 'Specific Relief Act and Civil Procedure Code' deals with the procedure to protect possession in India.

Rights and Directive Principles exist

  1. together

  2. separately

  3. opposite to each other

  4. complementary to each other


Correct Option: D
Explanation:

The Supreme Court, after the judgment in the Kesavananda Bharati case, has adopted the view of the Fundamental Rights and Directive Principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution.

'Legal Right' is an interest

  1. recognised by law

  2. protected by law

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Legal Right is a right bestowed onto a person by a given legal system. Legal rights are rights which exist under the rules of legal systems or by virtue of decisions of suitably authoritative bodies within them. Violation of legal right is punishable.

Right to reputation is

  1. right in rem

  2. right in personam

  3. right in re aliena

  4. None of the above


Correct Option: A
Explanation:

Right to reputation is a right in rem. A right in rem is available against the world at large. It is called “real right”. 

Which of the following is the recommended theory of punishment in view of human rights?

  1. Reformative Theory

  2. Retributive Theory

  3. Preventive Theory

  4. Deterrent Theory


Correct Option: A
Explanation:

Reformative theory is the recommended theory of punishment in view of human rights. This theory is the most humane of all the theories which aim to reform the legal offenders by individual treatment. The idea behind this theory is that no one is a born criminal and criminals are also humans. Under this theory, it is believed that if the criminals are trained and educated, they can be transformed into law abiding citizens.

Adverse possession may lead to loss of

  1. possession

  2. ownership

  3. liberty

  4. power


Correct Option: B
Explanation:

In adverse possession, the owner of the property loses its ownership over that. 

Expiatory Theory of Punishment is linked with which of the following?

  1. Preventive Theory

  2. Reformative Theory

  3. Retributive Theory

  4. Deterrent Theory


Correct Option: C
Explanation:

Retributive theory is a theory of punishment. It is based on the principle of “an eye for an eye, a tooth for a tooth”. Retribute means to give in turn. The object of this theory is to make the criminal realise the suffering of the pain by subjecting him to the same kind of pain as he had inflicted on the victim. This theory aims at taking a revenge, rather than social welfare and transformation. In expiatory theory, the offender expiates or repents and realises his mistake, he must be forgiven. Thus, both deal with making the criminal realise his/her mistake/crime. 

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