McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Bachelor of Science in Law (BSL) , Bachelor of Laws (LLB) , Common Law Admission Test (CLAT) , Bachelor of Legal Science (BLS) .
| 51. |
The public corporation can be held liable under which of the following the liability/ies? |
| A. | Liability in contracts |
| B. | Liability in torts |
| C. | Liability for crimes |
| D. | All of the above |
| Answer» D. All of the above | |
| 52. |
Which of the following statements are false?
|
| A. | 1, 4 are false |
| B. | 2 and 4 are false |
| C. | 2 and 3 are false. |
| D. | None of the above |
| Answer» B. 2 and 4 are false | |
| 53. |
Provision with respect to tribunals were added by ______ amendment Act 6 |
| A. | 44th |
| B. | 24th |
| C. | 42nd |
| D. | 25th |
| Answer» C. 42nd | |
| 54. |
Doctorine of separation of powers was systematically formulated by___ |
| A. | Plato |
| B. | Montesquine |
| C. | Dicey |
| D. | Aristotle |
| Answer» B. Montesquine | |
| 55. |
___ are the following statements is true |
| A. | Delegated legislative cannot have retrospective effect |
| B. | Delegated legislative can have retrospective effect, if authorised by the Act or Statute. |
| C. | Delegated legislative can have retrospective effect, if not authorised by the Act or Statute. |
| D. | Delegated legislative can have retrospective effect, when it has reasonable and satisfied justification |
| Answer» B. Delegated legislative can have retrospective effect, if authorised by the Act or Statute. | |
| 56. |
The application of doctrine of vicarious liability in crimes seems to have been activated by a necessity rather than desirability ___ the justification is based on |
| A. | Public policy |
| B. | Failure to supervise |
| C. | Treated as unauthorised |
| D. | Strict liability. |
| Answer» A. Public policy | |
| 57. |
________ is popularly known as “ Habeas Corpus Case”. |
| A. | M C Mehta v/s Union of India(1992) I SCC 358. |
| B. | Godavarman Thirumulk Pad v/s Union Of India (1007) 2 SCC 267 |
| C. | A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521. |
| D. | Chandrakanta v/s S K Habib (1975) 1 SCC 674 |
| Answer» C. A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521. | |
| 58. |
Which of the following statement is not correct “Rule of law” means |
| A. | Supremacy of law |
| B. | Equality before law |
| C. | Predominance of legal spirit |
| D. | Supremacy of the judiciary |
| Answer» D. Supremacy of the judiciary | |
| 59. |
Who selects the Chairman and members of the Union Public Service Commission |
| A. | The Home Minister |
| B. | The President |
| C. | The Parliment |
| D. | The Supreme Court |
| Answer» B. The President | |
| 60. |
Doctrine of Locus standi means |
| A. | Writ can be filed by any person |
| B. | Power of courts for judicial review |
| C. | Right of petitioner to file writ petition |
| D. | Discussion of administrative authority |
| Answer» C. Right of petitioner to file writ petition | |
| 61. |
In exercise of the power conferred by Article 323A of the Constitution, parliament enacted the Administrative Tribunal Act in |
| A. | 1986 |
| B. | 1988 |
| C. | 1985 |
| D. | 2001 |
| Answer» C. 1985 | |
| 62. |
Tribunals exercising quasi-judicial functions are not courts and that therefore they are ___ |
| A. | Bound to follow rules of evidence |
| B. | Bound to follow the procedure prescribed for trial courts |
| C. | Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound by strict rules of evidence |
| D. | Bound to follow rules of procedure and strict rules of evidence. |
| Answer» C. Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound by strict rules of evidence | |
| 63. |
The Supreme Court or High Court commanding a person or the body to do that which is his or its duty to do it |
| A. | Mandamus |
| B. | Habeas Corpus |
| C. | Prohibition |
| D. | Certiorari |
| Answer» A. Mandamus | |
| 64. |
The power of the judicial review means |
| A. | The power of courts to define and interpret the constitution |
| B. | The power of the courts to declare null and void any legislative or executive act which is against the provisions of the constitution |
| C. | The power of the judiciary to define and interpret the law |
| D. | The power of the court to legislate when there is no statutory provision |
| Answer» B. The power of the courts to declare null and void any legislative or executive act which is against the provisions of the constitution | |
| 65. |
Which one of the following statement is not correct? |
| A. | The Supreme court can overrule itself |
| B. | A high Court Can overrule itself |
| C. | Judgements of the Supreme Court bind the lower courts. |
| D. | Judgements of a High Court do not bind on the lower courts of the State. |
| Answer» D. Judgements of a High Court do not bind on the lower courts of the State. | |
| 66. |
Dicey developed the theory of “Rule of Law” in his classic work in |
| A. | The law and the constitution |
| B. | The sprit of the laws |
| C. | Constitutional law |
| D. | The law and the spirit |
| Answer» A. The law and the constitution | |
| 67. |
Delegates non protest delegare means |
| A. | A delegate can further delegate |
| B. | A delegate cannot further delegate |
| C. | Delegation is bad in law |
| D. | Delegation os not provided to delegate |
| Answer» B. A delegate cannot further delegate | |
| 68. |
Which function cannot be delegated |
| A. | Essential legislative functioning |
| B. | Exclusion. |
| C. | Suspension |
| D. | Commencements |
| Answer» A. Essential legislative functioning | |
| 69. |
The Latin phrase ___ means have the body |
| A. | Mandamus |
| B. | Habeas corpus |
| C. | Prohibition |
| D. | Certiorari |
| Answer» B. Habeas corpus | |
| 70. |
“ Quo Warranto” literary means |
| A. | To issue warrant |
| B. | Produce the body |
| C. | What is your authority |
| D. | Can order to execute |
| Answer» C. What is your authority | |
| 71. |
“ we are under the Constitution but the constitution is what the judges say it is” besides U S A to which one of the following countries cna this be applicable? |
| A. | Switzerland |
| B. | India |
| C. | U.K |
| D. | Russia |
| Answer» B. India | |
| 72. |
_____ is the 1st law officer Government of India |
| A. | Chief Justice of India |
| B. | Law Secretary |
| C. | Solicitor General of India |
| D. | Attorney General of India |
| Answer» D. Attorney General of India | |
| 73. |
___ statements implies natural justice |
| A. | The principle of natural justice is followed by the courts |
| B. | Justice delayed is justice denied |
| C. | Natural justice is an inalienable right of a citizen |
| D. | A reasonable opportunity of being heard must be given |
| Answer» D. A reasonable opportunity of being heard must be given | |
| 74. |
Public Corporation is ____ |
| A. | “hybrid organism” showing some of the feature of a Government department while some of the features of a business company, |
| B. | A Government department only |
| C. | A business company |
| D. | Not an independent corporate personality. |
| Answer» A. “hybrid organism” showing some of the feature of a Government department while some of the features of a business company, | |
| 75. |
Ombudsman means |
| A. | An officer of the Court |
| B. | An officer of the executive |
| C. | An officer of the parliament |
| D. | An agent of the judiciary |
| Answer» C. An officer of the parliament | |
| 76. |
Under ______ article /articles, the High Court and The Supreme Court can issue Writs |
| A. | Article 44 and 45 |
| B. | Article 123 and 213 |
| C. | Article 32 and 226 |
| D. | Article 53 and 153 |
| Answer» C. Article 32 and 226 | |
| 77. |
Delegated legislation means delegislation of power |
| A. | From executive to judiciary |
| B. | From minister to executive |
| C. | From judiciary to legislature |
| D. | From legislature to executive |
| Answer» D. From legislature to executive | |
| 78. |
The theory of natural justice is based upon two principle, one of which is Nemo debet esse judex in propria causa, which means, |
| A. | No one should be condemned unheard |
| B. | King can do no wrong |
| C. | The same person should not form part of more than one of the three organs |
| D. | No man should be made a judge in his own cause |
| Answer» D. No man should be made a judge in his own cause | |
| 79. |
“ultra Virus” literally means |
| A. | Excessive delegation |
| B. | Beyond powers |
| C. | Violation of fundamental rights |
| D. | inconsistent |
| Answer» B. Beyond powers | |
| 80. |
Ombudsman as an institution, was first set up in |
| A. | England |
| B. | France |
| C. | India |
| D. | Sweden |
| Answer» D. Sweden | |
| 81. |
Tick the true statement of Natural justice |
| A. | A public body shall not make a decision which is so absurd that no reasonable authority could ever have made to it. |
| B. | A public body shall not act in good faith |
| C. | A public body shall direct itself properly |
| D. | No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard. |
| Answer» D. No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard. | |
| 82. |
Which of the following statement is the key principle of Ridge v/s Baldwin (1964) |
| A. | The rules of natural justice apply only to the proceedings of courts and tribunals |
| B. | The rules of natural justice apply to all public bodies |
| C. | Proportionality will be applicable whenever a court is deciding whether rules of natural justice have been breached |
| D. | The rules of natural justice are capable of applying in principle where an administrative body acts judicially. |
| Answer» D. The rules of natural justice are capable of applying in principle where an administrative body acts judicially. | |
| 83. |
______ defines administrative law as the law relating to administration, it determines the organisation, powers and the duties of Administrative authorities. |
| A. | Dicey |
| B. | Keneth culp davis |
| C. | Sir Ivor Jennings |
| D. | Upendra |
| Answer» C. Sir Ivor Jennings | |
| 84. |
Administrative law is a branch of _______ |
| A. | Private law |
| B. | Public law |
| C. | Property law |
| D. | Procedural law |
| Answer» B. Public law | |
| 85. |
Origin of the concept of Droit Administratiff is |
| A. | U S A |
| B. | U.K |
| C. | GERMANY |
| D. | FRANCE |
| Answer» D. FRANCE | |
| 86. |
The basic concept of delegated legislation denote the delegation of ___ powers |
| A. | Voting power |
| B. | Rule making power |
| C. | Administrative power |
| D. | Judicial power |
| Answer» B. Rule making power | |
| 87. |
_____ is the “Rule of Law” choose 1 |
| A. | Everyone but the president must follow the law |
| B. | Government does not have to follow the law |
| C. | All laws must be the same in every state |
| D. | Everyone must follow the law |
| Answer» D. Everyone must follow the law | |
| 88. |
_______ stops one branch of government from becoming too powerful (choose one) |
| A. | The president |
| B. | Checks and balances |
| C. | The people |
| D. | Freedom of speech |
| Answer» B. Checks and balances | |
| 89. |
______ is incharge of the executive branch |
| A. | Speaker of the house |
| B. | The Prime Minister |
| C. | The President |
| D. | The Chief Justice |
| Answer» C. The President | |
| 90. |
“constitutional law is concerned with the organisation and functions of Government at test, which administrative law, is concerned with that organisation and those function” this statement was given by |
| A. | Austin |
| B. | Solmond |
| C. | M P Jain |
| D. | Hood Phillips |
| Answer» D. Hood Phillips | |
| 91. |
Writ of quo warranto can be issued against |
| A. | Any person |
| B. | Public office, who wish to assume the office |
| C. | Public officer, who is holding public office |
| D. | Public office, who has ceased to hold the public office |
| Answer» C. Public officer, who is holding public office | |
| 92. |
“Corporate personality is a mere procedural form which is used to work out a convenient wy for immediate purpose” It was stated by |
| A. | Hooland |
| B. | Austin |
| C. | Strke |
| D. | Honfield |
| Answer» D. Honfield | |
| 93. |
“Common law is essentially a judge made law” this opinion was expressed by |
| A. | Pollock |
| B. | Austin |
| C. | Paton |
| D. | Salmond |
| Answer» D. Salmond | |
| 94. |
Tick the incorrect answer |
| A. | Laissez-faire is an economic philosophy of controlled market |
| B. | The theory of laissez-faire was developed by the French Physiocrate during the 18th century |
| C. | Laissez-faire is considered as a path to economic prosperity |
| D. | Laissez-faire is an economic philosophy of free market capitralism |
| Answer» A. Laissez-faire is an economic philosophy of controlled market | |
| 95. |
Tick the incorrect answer Delegated legislation may be classified into 4 types |
| A. | Title based classification |
| B. | Discretion based classification |
| C. | Purpose base classification |
| D. | Control based classification |
| Answer» D. Control based classification | |
| 96. |
Tick the correct answer |
| A. | Delegated legislation has become inevitable but the question of control has become crucial |
| B. | Delegated legislation can be avoided absolutely |
| C. | Sub-delegation of delegated legislation is always better |
| D. | Conditional legislation can control the delegated legislation |
| Answer» A. Delegated legislation has become inevitable but the question of control has become crucial | |
| 97. |
Administrative tribunal exercise |
| A. | Purely administrative function |
| B. | Purely judicial functions |
| C. | Purely legislative functions |
| D. | Quasi judicial functions |
| Answer» D. Quasi judicial functions | |
| 98. |
___ is the effect of violation of the rule “Audi Alteram Partem” on an administrative action |
| A. | Mere irregularity |
| B. | Null and void |
| C. | An illegality |
| D. | Voidable |
| Answer» B. Null and void | |
| 99. |
The writ of certiorari necessarily implies that; |
| A. | An error of fact, cannot be corrected |
| B. | An error of law apparent on the face of the record can be corrected |
| C. | Violation of natural justice |
| D. | The delegated legislation is violation of provision of parent Act |
| Answer» B. An error of law apparent on the face of the record can be corrected | |
| 100. |
Which part of the judgement establishes the precedent that is to be followed by lower courts? |
| A. | The Ratio Decidendi |
| B. | The facts that are identified as binding by the judge |
| C. | The section of the judgement entitled “ precedent” |
| D. | The obiter Dicta |
| Answer» A. The Ratio Decidendi | |
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