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Mock Test- NTA NET (LAW)

Time- 60 mins
Maximum Marks- 122
Negative Marks- 0.25/wrong question

1. According to the theory of ‘social utilitarianism’ as propounded by Ihering:


(a) greatest number of people should get greatest pleasure
(b) the essential body of legal rules is always based upon the social “facts” of law
(c) a balance is to be struck between the competing interests in society
(d) law is a means to social ends
2. Who among the following put international law under positive morality along with the
Law of honour and the law of fashion?
(a) Austin
(b) Allen
(c) Salmond
(d) Savigny
3. In the modern state, the best court of law is:
(a) convention
(b) custom
(c) legislation
(d) precedents
4. Who among the following divided the sources of law into formal sources and material
sources ?
(a) Allen
(b) Keeton
(c) Gray
(d) Salmond
5. The importance of ‘custom’ over other sources of law was stressed by the jurists of the:
(a) analytical school
(b) historical school
(c) natural law school
(d) none of the above
6. According to the jurists of Analytical School:
(a) custom becomes law after its recognition by the sovereign
(b) custom never becomes law
(c) custom is a law from the very inception of it
(d) customs are only positive morality even after recognition
7. According to the ‘declaratory theory’ of jurisprudence the judges only declare the law
and they do not make any law. The supporters of this theory were
(a) Bacon and Dicey
(b) Gray and Salmond
(c) Coke and Blackstone
(d) Duguit and Pound
8. Consider the following statements;
1. The object of legislation is to apply law
2. Legislation has both creative and abrogative powers
3. Custom is generally based on the will of the people
Of the above statements
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct
9. The statement “Precedents are the past decisions which are used as guide in the moulding
of future decisions”, is attributed to:
(a) Dias
(b) Gray
(c) Keeton
(d) None of the above
10. Which one of the following pairs is correctly matched?
(a) Precedent: Legislature
(b) Precedent: Jurist
(c) Precedent : Judge
(d) Precedent : Agreement
11. Which one of the following pairs is correctly matched?
(a) Antecedent : Remedial right
(b) Rights in rem : Rights in realiena
(c) Proprietary : Contingent rights
(d) Positive : Imperfect rights
12. Which one of the following statements is true?
(a) An antecedent right is a remedial right
(b) A perfect right does not prescribe any remedy
(c) A positive right indicates a negative duty
(d) Proprietary rights are valuable rights
13. Which one of the following is a legal person?
(a) Supreme Court of India
(b) Damodar Valley Corporation
(c) Chief Minister of a State
(d) Governor of a State
14. Which one of the following statements is true?
(a) Ownership has nothing to do with possession
(b) Ownership and the right of possession are inseparable
(c) Ownership does not involve any right of enjoyment
(d) Ownership has nothing to do with the right of disposition
15. Which one of the following statements is true?
(a) The transfer of possession is more technical than the transfer of ownership
(b) The right of possession is superior to that of ownership
(c) The right of possession involves the-right to own a property
(d) Animus and corpus are necessary for acquisitions of possession.
16. Which one of the following statements is correct?
(a) Only “Corpus possession” is required for valid possession
(b) Only “Animus domini” is required for valid
(c) Both “Corpus possession is and “Animus domini” are required for valid possession
(d) Neither “Corpus possession is”. nor “Animus domini” is required for valid possession
17. A right which has a co-relative duty can be legally enforced is called :
(a) an antecedent right
(b) a remedial right
(c) a perfect right
(d) an imperfect right
18. Which one of the following is the correlative of immunity?
(a) No –right
(b) Duty
(c) Disability
(d) Subjection
19. An INCORRECT example of corporation aggregate is the:
(a) President of India
(b) Reserve Bank of India
(c) University of Delhi
(d) Municipal Corporation of Jaipur
20. An idol of Lord Krishna in a temple is:
(a) a natural person
(b) a legal person
(c) not a person in the eye of law because only the priest of the temple will be a person
(d) not a person because no personality can be conferred on God.
21. Ownership is “a right indefinite in point of user unrestricted in point if disposition-and
unlimited in point of duration over a determinate thing”.
This definition of ownership has been given by:
(a) Salmond
(b) Allen
(c) Paton
(d) Austin
22. One of the important elements in the concept of possession is ‘possessions’ which means:
(a) direct constant with the object
(b) effective control of the object
(c) an intention of hold the object as owner
(d) an intention on the part of the possessor to exclude any interference by others
23. Consider the following statements:
1. Precedents are created by the judges
2. A precedent is not binding if it is inconsistent with a state
3. Precedents can sometimes be created by legislation
Of these statements:
(a) 1 and 2 are correct
(b) 1, 2 and 3 are correct
(c) 1 and 3 are correct
(d) 2 and 3 are correct
24. Consider the following statements with regard to Natural Law;
1. The central notion of natural law is the existence of objective moral principles
2. These principles are discovered by reference to legal sources as the constitution, codes
and so on
3. These principles depend on the essential nature of man
Of these statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 ace correct
(d) 1 and 3 are correct
25. Who among the following is considered an exponent of utilitarianism ?
(a) Hobbes
(b) Bentham
(c) David Flume
(d) Grotius
26. Roscoe Pound propounded the theory of “Social engineering” which means:
(a) greatest happiness to greatest number of people
(b) balancing of competing interests in society
(c) changes in the concepts and function of the state
(d) that law has its source in the general consciousness
27. Consider the following statements:
1. Law developed in its primitive stages uniformly in all societies
II. Development of all societies was uniform. Of these statements:
(a) Both I and II are false
(b) I is false but II is true
(c) I is true but II is false
(d) Both I and II are true
28. 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
29. 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?
1. Reasonableness
2. Conformity with statue
3. Observance as a matter of moral right
Select the correct answer using the codes given below:
Codes:
(a) 1,2 and 3
(b) 2 and 3
(c) 1 and 3
(d) 1 and 2
30. ‘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
31. In the statement “Every right involves a relationship between two or more ‘X’ persons
and only they can be bound by duties or be the holders of legal rights,” ‘X’ stands for:
(a) insane
(c) human
(b) sane
(d) legal
32. If the jural co-relative of “Right” is “Duty”, then the co-relative of “Liberty” is:
(a) power
(b) disability
(c) liability
(d) no claim
33. Right in re aliena means a right over:
(a) his own property
(b) a property of someone else
(c) a property situated in a foreign country
(d) a property situated in one’s own country
34. Which of the following duties have been included by Austin in the category of “absolute
duties”?
1. Duties owed to persons indefinitely
2. Self regarding duties
3. Duties owed to the sovereign
4. Duties owed to the parents
Select the correct answer by using the codes given below:
Codes:
(a) l, 3 and 4
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) l, 2 and 3
35. Which of the following combination (s) is/are correct?
Theory of corporate personality Profounder of Theory
1. Realist : Gierke
2. Symbolist : Savigny
3. Fiction : Ihering
Select the correct answer using the codes given below:
(a) 1, 2, and 3
(b) 1 and 3
(c) 2 and 3
(d) 1 alone
36. In State Trading Corporation of India Vs Commercial Tax Officer, the Supreme Court
observed that a company registered under the Companies Act:
(a) is like a citizen of India and can avail itself of all rights available to citizens of India.
(b) is a legal person and equivalent to a citizen as well
(c) is a legal person but is cannot avail itself of fundamental rights under the constitution
available to citizen only
(d) can neither claim legal personality nor right of a citizen
37. Which of the following statements are correct?
1. Ownership can be legal and vested ownership
2. Ownership can be legal and equitable ownership
3. Ownership can be trust and beneficial ownership
Select the correct answer using the codes given below:
Codes:
(a) l and 2
(b) l and 3
(c) l, 2 and 3
(d) 2 and 3
38. Ownership to patents, copyright, and trademarks and the right to an easement is called:
(a) incorporeal ownership
(b) corporeal ownership
(c) equitable ownership
(d) contingent ownership
39. “Jurisprudence is concerned primarily with the effects of law upon society and only to a
lesser extent with questions about the social determination of law.” Who said it?
(A) Roscoe Pound
(B) Eugen Ehrlich
(C) Emile Durkheim
(D) Max Weber
40. “Jurisprudence is concerned primarily with the effects of law upon society and only to a
lesser extent with questions about the social determination of law.” Who said it?
(A) Roscoe Pound
(B) Eugen Ehrlich
(C) Emile Durkheim
(D) Max Weber
41. Match List - I with List - II and select the correct answer using the codes given below the
lists:
List – I List – II
I. Privilege a. Gives content to the claim of a person
II. Duty b. Freedom from claim of another
III. Power c. Have no correlative claim according to Austin
IV. Absolute Duty d. Ability of a person to change legal relations.
Codes:
(A) I-a II- b III-d IV-c
(B) I-b II-a III-d IV-c
(C) I-a II-b III-c IV-d
(D) I-b II-a III-c IV-d
42. ‘X’ a servant finds a bag at the basement of the shop. He hands it over to ‘Y’ the owner
of the shop, who asks him to place it in the almirah. Now, the bag is in possession of
(A) ‘X’ because he was the finder.
(B) ‘Y’ because he was the owner of the shop.
(C) ‘X’ because he has kept it in the almirah.
(D) ‘Y’ because in him there was union of corpus and animus.
43. Which one of the following jurists emphasised that “We cannot understand what a thing
is unless we study what it does”?
(A) Salmond
(B) Roscoe Pound
(C) Kelsen
(D) Austin
44. Who defines ‘ownership as planary control over an object’?
(A) Austin
(B) Salmond
(C) Holland
(D) Savigny
45. Assertion (A): A legal right is a legally protected interest.
Reason (R): An element of advantage is essential to constitute right.
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 correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.
46. “Common law is essentially a Judge made law”.
This opinion was expressed by
(A) Pollock
(B) Austin
(C) Paton
(D) Salmond

47. Match the following:


List – I List – II
a. Enacted law 1. Legislation
b. Case law 2. Agreement
c. Customary law 3. Precedent
d. Conventional law 4. Custom
Codes:
abcd
(A) 1 2 4 3
(B) 1 2 3 4
(C) 1 3 4 2
(D) 3 1 4 2
48. State the legal status of Hindu Joint family.
(A) Hindu Joint family is a legal person.
(B) Hindu Joint family is a natural person.
(C) Hindu Joint family is both a legal and natural person.
(D) None of the above.
49. “Case-law is gold in the mine-a few grains of precious metal to the tons of useless matter,
while the statute law is coin of the state which ready for immediate use”. Who gave this
statement?
(A) Bentham
(B) Salmond
(C) Kelsen
(D) Holland
50. “Law is the guarantee of the conditions of life of society, assured by the States’’ power of
constraint” who said it?
(A) Duguit
(B) Ihering
(C) Savigny
(D) Ehrlich
51. Match List – I (Legal Right) with List – II (Nature of Legal Right) and select the correct
answer by using the codes given below the lists:
List – I List – II
a. Time barred debt 1. Personal Right
b. Right to reputation 2. Right in Personam
c. Right to physical integrity 3. Imperfect Right
d. Right arising out of a contract 4. Right in Rem
Codes:
abcd
(A) 3 4 2 1
(B) 3 2 1 4
(C) 2 3 1 4
(D) 3 4 1 2
52. Right in re aliena means a right over
(A) His own property.
(B) A property of someone else.
(C) A property situated in a foreign country.
(D) A property situated in one’s own country.
53. The birth and death of legal person is determined by
(A) Nature
(B) Custom
(C) Law
(D) Precedent
54. Read the following passage and match the column:
The social tolerance towards crime establishes the concept of crime. No longer people
accept that crime is related to sin by which people feel remorse and undergo penance to
seek exoneration from punishment. But there is a general opinion that crime is relatively
connected to individual behaviour, which very often changes. To resolve the conflict, the
general view is that, anything which is injurious to public welfare is a crime.
Column ‘P’ Column ‘Q’
i. Russell – Crime is not absolute as it depends upon social tolerance.
ii. Black Stone – Changing concept of crime as it is related to sin.
iii. H.J. Klare – Crime is known through attributes as it is related to behaviour.
iv. G.W. Patton – Act which does not attract law is not a crime.
Correct answer is
(A) i
(B) ii
(C) iii
(D) iv
55. ‘Jurisprudence is as big as law and bigger’. Who said this?
(A) Austin
(B) Lloyds
(C) Lewellyn
(D) Holland
56. “Rousseau is a Janus like figure in the history of national law” – who said this?
(A) Hobbes
(B) J. S. Mill
(C) Locke
(D) Barker
57. Match List-I (Jurist) with List-II (Assumption) and select the correct answer using the
codes given below the lists:
List – I List – II
I. Acquinars (a) Jural postulates
II. Pound (b) Spirit of people
III. Kelsen (c) Ground norm
IV. Savigny (d) Reason and will in law
Codes:
I II III IV
(A) (b) (d) (c) (a)
(B) (d) (b) (c) (a)
(C) (b) (d) (a) (c)
(D) (d) (b) (a) (c)

58. Match List-I with List-II and select the correct answer using the codes given below the
lists
List – I List – II
I. Law in a changing society (a) Fuller
II. Human Law and Human Justice (b) Friedman
III. The morality of law (c) Stone
IV. Ancient law (d) Main
Codes:
I II III IV
(A) (a) (c) (b) (d)
(B) (c) (a) (b) (d)
(C) (b) (a) (d) (c)
(D) (a) (b) (d) (c)
59. Which one of the following schools of Jurisprudence considers that “a reasoned scale of
values can be discovered as a basis for legal development”?
(A) Sociological
(B) Historical
(C) Analytical
(D) Philosophical
60. According to Salmond, the correlative of liberty is
(A) Duty
(B) No rights
(C) Subjection
(D) Disabilities
61. Assertion (A): Customs to have the force of law must be immemorial.
Reason (R): Custom represents common consciousness of people.
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A).
(B) Both (A) and (R) are true and (R) is not a correct explanation of (A).
(C) (A) is true, but (R) is false.
(D) (A) is false, but (R) is true.

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