UGC NET/SET LAW OPTIONAL PAPER Which one of the following is not correct with reference to John Austin s Command theory? 1) Divine law is law

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1 UGC NET/SET LAW OPTIONAL PAPER Which one of the following is not correct with reference to John Austin s Command theory? 1) Divine law is law properly so called 2) The law of honour is law improperly so called 3) Laws of gravity are laws properly so called 4) The law set by fashion are laws improperly so called

2 It is likely that free India may be federal India; though in any event there would be a great deal of Unitary Control. This statement was made by 1. Sir Alladi Krishna Swami Iyyer 2. Dr. B.R. Ambedkar 3. Pt. Jawahar Lal Nehru 1 4. Sardar Vallabh Bhai Patel To succeed in a tort action the plaintiff must prove the case 1. To the best of his ability 2. Beyond reasonable doubt 3. On the balance of probabilities 4. To the satisfaction of the other party The purpose of tort is primarily to compensate the victim of a wrong. The claimant (plaintiff) brings a civil action against a defendant. The claimant has to prove their case on the balance of probabilities. Unliquidated (unspecified) damages means an amount determined by the court. X intends to kill A instead killed B whom he had no intention to kill. Under which doctrine is X is liable for the murder of B? 1. Doctrine of transfer of malice 2 2. Doctrine of extended malice 3. Doctrine of mens rea 4. Doctrine of diminished responsibility Trade unionism to be fully effective demands (A) Union of trade (B) Trade of union (C) Democratic spirit and education (D) Soul-elevating and democratic spirits

3 Strict liability is liability without 1) remorse 2) discipline 3) fault 4) remedy Strict liability differs from ordinary negligence because strict liability establishes liability without fault. In other words, when a defendant is held strictly liable for harm caused to the plaintiff, he is held liable simply because the injury happened. The fact that the harm that the plaintiff suffered is not the defendant s fault makes no difference. 3 Match List I and List II and select the correct answer using the codes given below the lists List I List II (a) Thomas Acquinas (i) Normative order (b) John Austin (ii) Command Theory (c) Kelsen (iii) Dictates of reasoning (d) Rawls (iv) Theory of Justice Codes: (a) (b) (c) (d) 1. (ii) (iii) (i) (iv) 2. (iv) (ii) (iii) (i) 3. (iii) (i) (iv) (ii) 4. (iii) (ii) (i) (iv) 3

4 The Directive Principles of State Policy has to conform to and run subsidiary to the chapter of fundamental rights, because the fundamental rights are enforceable in the court, where as the Directive Principles are not the Supreme Court so ruled in 1) Mohd.Hanif Qureshi Vs State of Bihar 2) Minerva Mills Vs Union of India 3) State of Madras Vs Champakam Dorairajan 4) Sanjeev Coke mfg.co Vs Bharat cooking coal Champakam Dorairajan case, 1951 The Supreme Court in State of Madras v. Champakam Dorairajan, stated - The Directive Principles should conform, and run as subsidiary, to the Fundamental rights. The Directive Principles of the state policy, which by Art. 37 are expressly made unenforceable by a court cannot override the provisions found in part III (fundamental rights) which, notwithstanding

5 other provisions, are expressly made enforceable by appropriate writs, orders or directions under article 32. The chapter on fundamental rights is sacrosanct and not liable to be abridged by any legislative or executive act or order, except to the extent provided in the appropriate article in part III. The Directive Principles of state policy have to conform to and run as subsidiary to the chapter on Fundamental rights. The Constitution of India embodies the parliamentary form of government because: (A) The Council of Ministers is collectively responsible to the Lok Sabha. 4 (B) The Council of Ministers is responsible to Lok Sabha and Rajya Sabha. (C) The President, the head of the executive, is answerable to Parliament. (D) The Prime Minister, the Head of the Cabinet, is accountable to Parliament. A batsman, hits a ball bowled towards him to the boundary for a six. The ball hits one of the pillars to the stand and veers off at an angle hitting a spectator in the face causing him to lose his sight. An action by him can be defended on the ground of (i) Inevitable accident (ii) Act of God (iii) Contributory negligence (iv) Volenti non fit injuria 1) (i) and (ii) 2) (ii) and (iii) 3) (i) and (iv) 5 4) (iii) and (iv) Priyanka choudhury