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Law UGC NTA NET JRF Previous Year Papers June 2011 PAPER-II

Law UGC NTA NET JRF Previous Year Papers , June 2011 PAPER-II

1. The Supreme Court of India has adopted new approach for the interpretation of the concept ‘Equality’ in
A. State of West Bengal V. Anwarli Sarkar
B. E.P. Royappa V. State of Tamil Nadu
C. Keshavanand Bharati V. State of Kerala
D. State of Karnataka V. Appa Balu Ingale
ANS: B

2. In which of the following case the Supreme Court said ‘Right to Life does not include Right to Die’?
A. P. Rathinam V. Union of India
B. M.C. Mehta V. Union of India
C. Gyan Kaur V. State of Punjab
D. Sunil Batra V. Superintendent, Delhi Administration
ANS: C

3. Which one of the following privileges is guaranteed to the President of India under Article 361 of the Constitution?
A. Not to participate in the Parliamentary proceedings.
B. He is answerable to the chief Justice of India.
C. He is not to be answerable to any court during the term of his office.
D. Can address both the Houses of Parliament at the time of joint session.
ANS: C

4. Money Bills can be introduced only
A. in Rajya Sabha
B. in both Houses of Parliament
C. in Lok Sabha only
D. None of the above
ANS: C

5. Who has the power to dissolve the House of the People?
A. The Council of Ministers
B. The Prime Minister
C. The Speaker of the Lok Sabha
D. The President
ANS: D

6. Judicial review in the Indian Constitution is based on
A. Procedure established by law
B. Due process of Law
C. Rule of Law
D. Precedents and Conventions
ANS: A

7. ‘Limits of Jurisprudence Defined’ written by
A. Jeremy Bentham B. John Austin
C. T.E. Holland D. H.L.A. Hart
ANS: A

8. H.L.A. Hart remarks that ‘Law is a
A. Union of primary and secondary rules.
B. Union of Public and Private law.
C. Union of Central and State law.
D. Union of effective rules.
ANS: A

9. The term ‘Legal theory’ has been first time coined by
A. Hans Kelsen B. W. Friedman
C. Salmond D. Ronald Dworkin
ANS: B

10. There are ______ theories of punishment.
A. Two B. Three
C. Four D. Five
ANS: D

11. Which one of the following statements is true?
A. Animus is necessary for the acquisition or commencement of possession.
B. Corpus is necessary for the acquisition or commencement of possession.
C. Animus and corpus are not necessary for the acquisition or commencement of possession.
D. Animus and corpus are necessary for the acquisition or commencement of possession.
ANS: D

12. “The limits are set by rational Priniples of Justice,” said:
A. Holland B. Henry Maine
C. Kelson D. Rawls
ANS: D

13. Boundary delimitation treaties are binding even on non-party states because they are valid ergo omnes. The International Court of Justice held so in
A. The Asylum Case
B. The case concerning Kasikili/Seduru Island (Botswana V. Namibia)
C. The case concerning the Gabcikobo-
Nagymaros Project (Hungary V. Slovakia)
D. The Anglo-Norwegian Fisheries case
ANS: B

14. ‘A treaty is a contract between the Governments of two or more sovereign States.’ Lord Templeman said so in
A. The S.S. Lotus case
B. The Gulf of Maine case
C. James Buchanan & Co. V. Babco Forwarding and Shipping
D. Maclaine Watson V. Dept. of Trade and Industry
ANS: D

15. Assertion (A) : International Law is generally not enforceable.
Reason (R) : International Law is generally observed by States in practice.
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A).
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
ANS: B

16. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(Themes) (Decisions)
(i) Unilateral state- ments can become legally binding1. Island of Palmas case
(ii) Arbitration 2. Nuclear Test Cases
(iii) International case Organizations as a subject of International Law3. Mavrommatis Palestine Concessions
(iv) Concept of subrogation 4. Advisory opinion on the legality of the threat or use of Nuclear Weapons
Codes:
(i) (ii) (iii) (iv)
A. 1 2 3 4
B. 2 3 4 1
C. 2 1 4 3
D. 3 2 1 4
ANS: C

17. According to proponents of dualism both international law and municipal law differ
1. terms of their subjects
2. terms of their basis
3. terms of binding nature
4. terms of their existence
Codes:
A. 1, 2 and 3 are correct.
B. 2, 3 and 4 are correct.
C. 1 and 2 are correct.
D. 2 and 4 are correct.
ANS: A

18. An interim Government of Lomalia seeks control over certain funds belonging to the Republic of Lomalia. Lomalia is at present in a state of civil war, with no faction in effective control of the State. The court asks the foreign office to give its opinion on status of the interim Government and the foreign office informs the Court that the U.K. no longer recognized the Government and that the attitude of the government is to be inferred from the nature of its dealings with the regime concerned on a Government to Government basis. In this circumstance, the Court can decide the case by relying on
A. the doctrine of de facto recognition
B. the doctrine of de jure recognition
C. the doctrine of rebus sic stantibus
D. the doctrine of legality, effectiveness and in marginal cases, recognition
ANS: D

19. Consider the following Propositions.
I. A void marriage remains valid until a decree annulling it has been passed by a competent court.
II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.
III. A voidable marriage is regarded as a valid marriage until a decree annulling it has been passed by a competent court.
Codes:
A. I, II and III are correct.
B. I and II are correct.
C. II and III are correct.
D. I and III are correct.
ANS: C

20. Where the marriage has not been consummated, Iddat has to be observed in case of
A. Death
B. Divorce
C. Both A and B
D. Neither A nor B
ANS: D

21. Now a marriage solemnised between any two persons in violation of the requirement of age may be
A. Valid B. Void
C. Voidable D. All of the above
ANS: A

22. A child may be given in adoption by the
A. Father B. Mother
C. Guardian D. All of the above
ANS: D

23. “Marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registerable in their respective States where the marriage is solemnized.” This was held by the Supreme Court in case of
A. John Vallamattom V. U.O.I.
B. Seema V. Ashwani Kumar
C. Githa Hariharan V. R.B.I.
D. A. Jayachandra V. Aneel Kaur
ANS: B

24. To mature as a ground of divorce, the desertion under the Hindu Marriage Act, 1955 must continue for a minimum period of
A. One year B. Two years
C. Three years D. Four years
ANS: B

25. An agreement enforceable at law is a
A. Legal agreement B. Moral agreement
C. Acceptance D. Contract
ANS: D

26. Every promise and every set of promises, forming the consideration for each other is
A. Contract B. Offer
C. Acceptance D. Agreement
ANS: D

27. Void agreement signifies
A. Illegal agreement
B. Legally unenforceable agreement
C. Agreement without contract
D. Agreement without substance
ANS: B

28. An agreement obtained by coercion is
A. Void B. Voidable
C. Valid D. Illegal
ANS: B

29. An agreement shall be void on account of
A. Mistake of law
B. Mistake of fact by one party
C. Mistake of fact by both the parties
D. Mistake apparent on face of record
ANS: C

30. A contingent contract
A. becomes void when the event becomes impossible
B. is voidable
C. is void
D. never becomes void
ANS: A

31. A, a competent contractor, constructed a reservoir of water for the mill of B. During the construction of the reservoir, A came across some old shafts and tunnels, but he did not get them blocked. When the reservoir was filled, the water burst through the old shafts and tunnels flooding the nearby mines of C.
C sued B. What defences, if any, are available to B?
A. Inevitable accident
B. If any negligence has been committed, it is by A and not by B.
C. B has no defence. He is responsible for the escape of water.
D. Third Party’s negligence.
ANS: D

32. Give the correct response.
A. The liability of master and servant is joint.
B. The liability of master and servant is several.
C. The liability of master and servant is joint and several.
D. The liability of master and servant is joint and several in exceptional cases.
ANS: C

33. Match the following :
(a) Common employment 1. Conspiracy
(b) Respondent superior 2. Master and servant
(c) Agreement to injure 3. Servant and the other in the trade servant
(d) Egg-shell skull rule 4. Tort feasor takes his victim as he finds
Codes:
(a) (b) (c) (d)
A. 3 2 1 4
B. 3 2 4 1
C. 2 3 4 1
D. 2 3 1 4
ANS: A

34. Generally mens-rea is an essential element in a criminal offence. Mens-rea in tort.
A. is relevant and crucial
B. has no relevance whatsoever
C. is generally not important
D. is relevant in certain tortious actions
ANS: A

35. Last Opportunity Rule is associated with
A. Remoteness of damage
B. Volunti nor fit injuria
C. Contributory negligence
D. Negligence
ANS: C

36. Give the correct match :
I II
(a) Act of God 1. Secretary of State for India vs Hari Bhaji
(b) Remoteness 2. Nichols Vs.
of damage Marsland
(c) Act of State 3. Donoghue Vs. Stevenson
(d) Negligence 4. Smith Vs. Lindon & South Western Rly. Co.

Codes :
(a) (b) (c) (d)
A. 3 1 2 4
B. 2 4 1 3
C. 1 2 3 4
D. 4 3 2 1
ANS: B

37. The chief elements of crime are
A. To act in a particular way otherwise to undergo punishment
B. An act committed or omitted in furtherance of criminal intent
C. An act causing injury to another individual or society
D. All of the above
ANS: B

38. Wantonly means
A. Things done recklessly
B. Things done malignantly
C. Acts done through mischief
D. All of the above
ANS: C

39. The law on bigamy does not apply where
A. There was no mens rea
B. Bonafide reasons to believe that the spouse was dead
C. The other spouse was living in a shared house
D. None of the above
ANS: B

40. Loosing wrongfully means
A. When the property is put to auction.
B. When such person is wrongfully deprived of property.
C. When such person is wrongfully kept out of the property.
D. All of the above
ANS: D

41. Denotion of mens rea is inferred through
A. Reason to believe B. Voluntarily
C. Dishonestly D. All of the above
ANS: C

42. Right to private defence is not available on
A. All acts of self-defence
B. All acts of aggression
C. All acts where danger is sensed
D. All of the above
ANS: B

43. In which of the following cases the GHERAO was declared illegal?
A. Bangalore Water Supply & Sewerage Board V. Rajappa
B. Jay Engineering Works Ltd. V. State of West Bengal
C. Hindustan Motors Ltd. V. Tapan Kumar
D. O.P. Gupta V. Union of India
ANS: B

44. Retrenchment means
A. Voluntary retirement of workman
B. Termination of the service of a workman on the ground of continued ill-health
C. Termination by the employer of the service of workman for any reason whatsoever
D. Termination of the service of the workman as a result of the non-renewal of the contract of employment
ANS: C

45. How many members may apply for registration of trade union under the Trade Union Act, 1926?
A. Two or more B. Five or more
C. Ten or more D. Seven or more
ANS: D

46. Contribution to political fund of trade union is
A. compulsory for all members
B. not compulsory for all members
C. compulsory for office bearer
D. compulsory, if employer wants Directions (Qs. Nos. 47 to 50) : Read the following paragraph and answer the question.
Broadly speaking, legal theory involves a study of the characteristic features essential to law and common to legal systems and analysis of the basic elements of law which made it law and distinguish it from other forms of rules and standards, from systems which cannot be described as legal systems and from other social phenomena. In fact, it is not possible to reach our dogmatic answer to the question ‘what is law’ or provide exclusive answers to many questions which are asked about its essential nature. The nature of legal theory lies in a study of the light which other theories may shed on the distinctive attributes of law, by an examination of the relative merits and demerits of the principal expositions of the subject. In the same strain Friedman says, ‘legal theory’ is linked at one end with philosophy and, at other end, with political theory. Sometimes, the starting point is philosophy and political ideology plays a secondary part …..
Sometimes the theory of knowledge and political ideology are welded into one coherent system, of course, it is true that some legal philosophies have been philosophers first and foremost and jurists incidentally and other politicians first and foremost and jurists because they felt the need to express their political thought in legal form … In short, before the nineteenth century legal theory was essentially a by-product of philosophy, religion, ethics or politics. The new era of legal philosophy arises mainly from the confrontation of professional lawyers, in his legal work, with problems of social justice. The modern jurists legal theory, no less than scholastic philosopher’s, is based on ultimate beliefs whose inspiration comes from outside the law itself.
In the light of above, answer the following :
ANS: B

47. As the science of law or philosophy of law emerged, which of the following approach came into existence?
A. Analytical positivist approach
B. Realist approach
C. Socio-logical approach
D. Historical approach
ANS: A

48. Law must remain free from social sciences, metaphysical, ethical and moral elements.
This was propounded by
A. Hart B. Bentham
C. Salmond D. Kelson
ANS: D

49. Law is always in a state of continual change.
This is the basic tenet of
A. Sociological jurisprudence
B. Historical jurisprudence
C. Realist jurisprudence
D. Philosophical school
ANS: A

50. Who defined jurisprudence as a formal science of positive law?
A. Austin B. Salmond
C. Holland D. Hobbes Note: This paper contains fifty (50) multiple-choice questions, each question carrying two (2) marks.
Attempt all of them.
109
ANS: [email protected]

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