Objective Questions Set - 3
1. Law made by Government is called
Correct Answer: a. Rules
Laws made by the government, typically the executive, are called rules or regulations, issued under legislative authority.
2. General observations made by Judges during the course of Judgment are known as
Correct Answer: a. Obiter Dicta
Obiter Dicta are non-binding observations or remarks made by judges, not essential to the decision.
3. “Laws are the creation of climate and local situation” is an assumption by
Correct Answer: a. Historical School
The Historical School, led by Savigny, posits that laws evolve from the customs and conditions of a society.
4. Precedent is considered an important source of law on the basis of
Correct Answer: d. Ratio Decidendi
The binding part of a precedent is the Ratio Decidendi, the legal reasoning behind the judgment.
5. …is the Source of law that arises from the immemorial usage of the Community.
Correct Answer: b. Custom
Custom, arising from long-standing community practices, is a traditional source of law.
6. Commodity exchange theory of the socialist school is propounded by
Correct Answer: a. Pashukanis
Pashukanis developed the commodity exchange theory, viewing law as tied to economic relations in socialism.
7. Principle of Stare Decisis refers to
Correct Answer: b. Let the Decision Stand
Stare Decisis, meaning "let the decision stand," ensures consistency by following past judicial decisions.
8. Authority of the Precedent can be overturned by
Correct Answer: c. Act of Parliament
An Act of Parliament, as a legislative act, can override judicial precedents by enacting new laws.
9. Law processed from other bodies than sovereign power is
Correct Answer: c. Subordinate Legislation
Subordinate legislation is made by bodies (e.g., executives) under authority delegated by the sovereign legislature.
10. Which school of law is also known as functional jurisprudence?
Correct Answer: a. Sociological School
The Sociological School, focusing on law’s role in society, is known as functional jurisprudence.
11. The doctrine of precedent laws derived their legality stems from
Correct Answer: a. England
The doctrine of precedent, central to common law, originated in England’s judicial system.
12. …is the principle of law formulated by the judge for the purpose of deciding the case.
Correct Answer: b. Ratio Decidendi
Ratio Decidendi is the legal principle or reasoning used by a judge to decide a case, forming the binding precedent.
13. Which article of the Constitution has made provision for the principle of stare decisis?
Correct Answer: d. 128
Article 128 of Nepal’s Constitution establishes the principle of stare decisis, making Supreme Court decisions binding.
14. Which delegated legislation is not found in existence?
Correct Answer: c. Colonial Legislation
Colonial legislation is outdated and not in existence in modern sovereign states like Nepal, unlike other delegated forms.
15. Which is the oldest source of law?
Correct Answer: a. Custom
Custom, rooted in ancient community practices, is the oldest source of law, predating formal legislation and precedent.
16. “Law is the means for affecting social control and did not believe in the abstract or mechanical application of the law” is an assumption of
Correct Answer: a. Sociological School
The Sociological School views law as a tool for social control, emphasizing its societal role over abstract rules.
17. Which school presupposes that law is intimately connected with society and since society changes faster than law, there can never be certainty about the law?
Correct Answer: a. Realist School
The Realist School emphasizes law’s connection to societal changes, acknowledging its inherent uncertainty.
18. Which article of the Constitution of Nepal provides that law declared by Supreme Courts shall be binding on all courts within the territory of Nepal?
Correct Answer: d. 128(4)
Article 128(4) of Nepal’s Constitution mandates that Supreme Court decisions are binding on all courts.
19. Decision of the Foreign Court is
Correct Answer: c. Persuasive
Foreign court decisions are persuasive, not binding, and may influence but not mandate local rulings.
20. Law develops like a language
Correct Answer: c. Historical School
The Historical School, per Savigny, views law as evolving organically like language, rooted in culture.
21. Law is the command of the sovereign backed by sanction
Correct Answer: c. Analytical School
The Analytical School, led by Austin, defines law as a sovereign’s command enforced by sanctions.
22. Which of the following country have the shortest constitution in the world?
Correct Answer: c. USA
The U.S. Constitution, with about 4,400 words, is the shortest written constitution among major countries.
23. Founder of socialist school
Correct Answer: a. Karl Marx
Karl Marx, through his theories on class struggle and economics, is considered the founder of the socialist school of law.
24. “Withering away of State” is the concept of
Correct Answer: a. Socialist School
The Socialist School, per Marx, envisions the state “withering away” in a classless society.
25. Article 128 of the Constitution of Nepal is related to
Correct Answer: c. Jurisdiction
Article 128 of Nepal’s Constitution outlines the jurisdiction and powers of the Supreme Court.
26. Sociological School is also called
Correct Answer: a. Functional Jurisprudence
The Sociological School, focusing on law’s societal functions, is also known as functional jurisprudence.
27. “Law is nothing but a set of facts” is preached by
Correct Answer: a. Olivercrona
Karl Olivecrona, a Scandinavian realist, viewed law as a set of factual behaviors, not abstract norms.
28. Leviathan book is written by
Correct Answer: d. Hobbes
Thomas Hobbes wrote *Leviathan*, advocating for a strong sovereign to maintain order.
29. “Social utilitarianism” theory is propounded by
Correct Answer: b. Kelsen
Hans Kelsen’s pure theory of law is associated with social utilitarianism, focusing on legal norms’ structure.
30. Who declares a state of emergency in respect of the state of Nepal?
Correct Answer: d. President
The President of Nepal declares a state of emergency under Article 306 of the Constitution, on the Council of Ministers’ recommendation.