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Topics of Law Test 2

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Topics of Law Test 2
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  • Question 1
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    What is the doctrine of stare decisis?
    Solution
    The doctrine of precedent is the correct option. 
    The stare decisis is a Latin legal maxim which signifies 'already decided'. The doctrine of state decisis embodies the rule or guidance which are followed by the courts in order to get an idea. Those cases can be referred for the help in the judgement. It works only in the similar case which has happened before it's also regarded as landmark judgement. 
  • Question 2
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    This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
    (Questions 66-69):
    Rules:
    A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
    B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
    Facts:
    Khaleeda wants to sell a plot of land she owns in Begbmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
    As a judge you would decide in favour of
    Solution

    Yes, Gurpreet will succeed because as mentioned in the Principle B, a moveable thing which is attached to the land or any building on the land, is a 'fixture', and the expensive Iranian carpet even after being a movable thing was used to cover the entire wooden floor of one of the bedrooms, and hence, was a fixture. By the virtue of Principle A, which asserts that when land is sold, all 'fixtures' on the land are also deemed to have been sold; the carpet was sold to Gurpreet and now, Khaleeda cannot take it away.

  • Question 3
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    Public holidays are declared under _____________.
  • Question 4
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    In Ram v/s Shyam, Ram cannot be a _____________.
  • Question 5
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    The main aim of the competition Act 2002 is to protect the interests of _______________.
  • Question 6
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    The following is NOT a meaning of law, as described by Savigny's theory ______________.
    Solution
    • Savigny, a prominent German jurist through his concept of Volksgeist introduced a new dimension in the legal arena and explains the need to understand the interrelationship between law and people. Law and people cannot be isolated from each other. 
    • Savigny observed that the nature of any particular system of law, was the reflection of the “spirit of the people who evolved it. 
    • Savigny remarked that law has a national character and it is found and  developsed and not made, like language and binds people into one whole because of their common faiths, beliefs and convictions.
    • Savigny stated that in the earliest stages, law develops spontaneously according to the internal needs of the community but after the community reaches a certain level or civilisation, the different kinds of national activities, hitherto developing as a whole, bifurcate in different branches to be taken up for further study by specialists such as jurists, linguists, anthropologists, scientists etc.
    • Savigny considered law as a continuous and unbreakable process bound by common cultural traditions and beliefs.
  • Question 7
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    Intra vires means _____________.
    Solution
    Intra vires is a Latin legal maxim which means within the power. That simply means there is a boundary. It refers to the law which is within the jurisdiction of court or the government . Intra vires may equivalently be termed as valid.
    Hence, A is the correct option. 
  • Question 8
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    In case name, the first name usually identifies ___________________.
    Solution
    Case Citation
    Example
    Roy v Amit 204 AIR 209 (1980)
    In this example, 
    Roy v. Amit - Case name. Usually the first name identifies who is bringing the court action and the second name is the person against whom action is being brought.
    204 - Volume number
    AIR - Name of reporter
    209 - Beginning page
    1980 - Year of decision
    Roy - Person who is bringing the court action
    Amit - Person against whom action is being brought.
  • Question 9
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    Which of the following statement is correct?
    Solution
    The Latin term obiter dicta means “things said by the way,” and is generally used in law to refer to an opinion or non-necessary remark made by a judge. In a legal ruling, made by a higher court, the actual decision becomes binding precedent. Remarks about such things as how the court came to its decision are not binding but are persuasive nature. as the additional information is given to provide context for the judicial opinion.
  • Question 10
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    Rule of product so established as to justify a prediction with reasonable certainty which will be enforced by Courts. This type of definition of law comes under the class. 
    Solution
    The jurisprudence of law gave birth to different schools of jurisprudence such as:
    • Natural school of law which says that to actually understand a certain law, an individual must be aware of its purpose and to comprehend the true nature of law, one must consult the courts and not the legislature.
    • Historical school propounded by Savigny which said that Law is a matter of unconscious and organic growth and the nature of law is not universal. Just like language, it varies with people and age. 
    • Under Positivistic definition of law by John Austin, law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects. 
    • The Sociological school defines law as  “essentially and exclusively as a social fact.” The law is a means of social control. and to serve the purposes of the society and naturally is coercive.
    • Realist law definition describes the law in terms of judicial processes. As per this school law is a statement of  the circumstances in which public force will be brought to bear upon through courts. According to Benjamin Nathan Cardozo  “A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.”
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