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Nature and Meaning of Law Test 2

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Nature and Meaning of Law Test 2
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Weekly Quiz Competition
  • Question 1
    1 / -0
    Duguit defines law as " essentially and exclusively as a ____ fact."
  • Question 2
    1 / -0
    According to Kelsen, law is a '____________'.
  • Question 3
    1 / -0
    According to Salmond, a __________ is one which is merely the application of an already existing rule of law.
  • Question 4
    1 / -0
    Which of the following is/are the main characteristics of law?
    1. Law pre-supposes a State.
    2. Authorization from State to make, or recognizes or sanction rules.
    3. Laws are made to serve some purpose.
    Select the correct answer from the options given below -
  • Question 5
    1 / -0
    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.
    Solution
    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.
  • Question 6
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    Which of the following is essential of the definition given by Duguit?
  • Question 7
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    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?
    Solution
    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.
  • Question 8
    1 / -0
    Match the following with reference to definition of law :

    List - IList - II
    P. Ulpine1. Law is the aggregate of rules set by man as politically superior, or sovereign, to men as political subject.
    Q. Vinodgradoff2. Law is essentially and exclusively social fact.
    R. Austin3. Law is the art or science of what is equitable and good.
    S. Kelsen4. Law is a Normative science.
    5. Law is a set of rules imposed and enforced by society with regard to the attribution and exercise of power over persons and things.

    Select the correct answer from the options given below-



  • Question 9
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    The nature and meaning of law may be defined through _____ school.
  • Question 10
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    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?
    Solution
    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
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