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Test: Nature and Meaning of Law- 1 - Humanities/Arts MCQ


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10 Questions MCQ Test Legal Studies for Class 11 - Test: Nature and Meaning of Law- 1

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Test: Nature and Meaning of Law- 1 - Question 1

Principle One of the principles of natural justice is Nemo judex in causa sua, which means that no one should be a judge in his own cause. In other words, no person can judge a case in which he has an interest.

Facts 'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 1

In the given scenario, selection of X is not against the principle of natural justice, as X did not take part in the deliberations of the board when his name was considered and approved.

Test: Nature and Meaning of Law- 1 - Question 2

Who defines Jurisprudence as the formal science of positive law?

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 2

An English Jurist Sir Thomas Erskine Holland defines, Jurisprudence as, " Jurisprudence is the formal science of positive law'" According to him jurisprudence should only concern itself with the basic principles of concepts underlying in any natural system of law.

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Test: Nature and Meaning of Law- 1 - Question 3

LEGAL PRINCIPLE: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general 'duty to act fairly'.

FACTUAL SITUATION: 'X', a male employee of a company was dismissed by the employer just on the basis of a complaint by 'Y', a female employee of the company that 'X' was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of X valid?

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 3

Principles of natural justice constitute one of the most important concepts of Administrative law. The expression 'natural justice' has been interpreted to cover several rules of equity and fair play and is sometimes also referred to as 'substantial justice', 'fundamental justice', 'Universal justice' and 'fair play in action'. The underlying object of natural justice is not only to secure justice, but also to prevent miscarriage of justice, thus ensuring that fundamental liberties and rights of citizens are well protected.
Two basic pillars of principles of natural justice
1. Nemo debet esse judex in propria causa: no man can be a judge in his own cause
2. Audi alteram partem: A person cannot be condemned without being heard
Considering the above given situation the dismissal of X is against the principles of natural justice, considering the second basic pillar of natural justice i.e. Audi alteram partem

Test: Nature and Meaning of Law- 1 - Question 4

Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it had largely been replaced and extended by the general duty to act fairly'.

Fact: 'X' a male employee of a company was dismissed by the employer just on the basis of a complaint by 'Y', a female employee of the company that 'X' was trying to be too friendly with her and often requested her to accompany him to the canteen.Is the dismissal of 'X' valid?

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 4

No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated.

Test: Nature and Meaning of Law- 1 - Question 5

Which of the following is essential of the definition given by Duguit?

Test: Nature and Meaning of Law- 1 - Question 6

Laws are:

Test: Nature and Meaning of Law- 1 - Question 7

Who defined Law as "the art or science of what is equitable and good"?

Test: Nature and Meaning of Law- 1 - Question 8

According to Kelsen, law is a '____________'.

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 8

Kelsen believed that law is a science that deals not with the actual events of the world (what is) but with norms (what ought to be). The legal relation contains the threat of a sanction from an authority in response to a certain act.

Test: Nature and Meaning of Law- 1 - Question 9

According to whom, jurisprudence is a complete scientific treatment of any body of law involves the study of these categories mentioned above?

Test: Nature and Meaning of Law- 1 - Question 10

The nature and meaning of law may be defined through _____ school.

Detailed Solution for Test: Nature and Meaning of Law- 1 - Question 10

The nature and meaning of law may be defined through realistic school.

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