MCQs on Law - 3

1. On which one of the following one can have corporeal ownership?

(A) A right
(B) Trademark
(C) Movable property
(D) A debt


2. “Sovereignty must be determinate, it is essential, is indivisible and is unlimited and illimitable.” Who conceived this about the sovereignty?

(A) Hobbes
(B) Austin
(C) Jean Bodin
(D) Plato



3. Consider the following statements:
1. Statements, which are not partaking of the character of ratio decidendi can be ignored while deciding the latter case.
2. The ratio decidendi is not the reason of decision.
3. Only that part of the judgment in an earlier decision is binding which constitutes the ratio decidendi of that case.
4. A judicial decision has a binding force for subsequent cases but the whole judgment is not binding, only a part of it is biding.

Which of the above statement(s) is/are correct?

(A) 1, 3, 4
(B) 1, 2, 3
(C) 2, 3, 4
(D) 1, 2, 4


4. “Case law is gold in the mine, a few grains of the precious metal to the tons of useless matter, while statute law is coin of the realm ready for immediate use.” Who said these words?

(A) Ihering
(B) Austin
(C) Kelson
(D) Salmond


5. Which of the following statements are true?

1. There is no rule to determine when usage shall give rise to a custom.
2. Customary rules of International law are diminishing and are being replaced by Treaties and Conventions.
3. Treaty contracts are not direct source of International law.
4. International law is a positive morality.

Codes:

(A) 1, 2, 3 & 4
(B) 2, 3 & 4
(C) 1, 2 & 3
(D) 1 & 2


6. “The law of National or International law may be defined as the body of rules and principles of actions which are binding upon civilized states in their relations with one-another.”

This definition of International law was given by

(A) J.L. Brierly
(B) Torsten Vitel
(C) Hackworth
(D) None of the above


7. Match the following:

List – I
List – II
a. Recognition only and exclusively bestows a State with rights and duties under International Law
i. De-facto recognition
b. It is a first step towards final recognition
ii. De-Jure recognition
c. It is a final recognition by a State
iii. Declaratory Theory
d. International personality of a State does not depend upon recognition.   
iv. Constitutive Theory
                                                             
Codes:
       a   b   c   d
(A) iv   i    ii   iii
(B) i    ii   iii  iv
(C) iv  iii  ii   i
(D) iii  ii   i   iv


8. The Charter of the United Nations can be amended by

(A) Five-third of the members of General Assembly.
(B) The Security Council only
(C) Two-third of the members of the U.N. including all permanent members of the Security Council after recommendations by a two-thirds vote of a conference convened for the purpose, is received.
(D) Two-thirds of the members of the Security Council including five permanent members.


9. In which of the following case, International Court of Justice denied existence of customary rule?

(A) North Sea Continental Shelf case.
(B) The Lotus case.
(C) Both of the above.
(D) None of the above.


10. Which organ of the United Nations has been given responsibility of promoting international co-operation in the realisation of human rights?

(A) General Assembly
(B) Security Council
(C) Both of the above
(D) None of the above



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