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0% found this document useful (0 votes)
12 views3 pages

QN 8

Uploaded by

aditiacharya46
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DEJURE INSTITUTE OF LAW

Holds Record for Highest Result in Last 7 Years


B.A.LL.B. ENTRANCE PREPARATION 2082
Weekly Test - 07 (Ashad 20, Friday)
Time: - 3 Hours Marks: - 100
A. Tick the correct answer in the box given below under the cover page.
1) Pure theory of law is an exercise in logic and not life. This observation was made by....
a) Holland b) Kelson c) Duguit d) Laski
2) Who said that “right springs from right?”
a) Austin b) Blackstone c) Coke d) Allen
3) Who said that Jurisprudence was the first social science to be born?
a) Blackstone b) Savigny c) Wurzel d) Morris
4) Jural contradictory are:
a) Previlige & No rights b) Power & Immunity c) None of the above d)
Both (a) & (b)
5) Law is in order of human behaviour. This definition of law is by...
a) Austin b) Pound c) Hart d) Kelson
6) The judgement passed in ignorance of a statutory provision or binding authority is
also known as...
a) Precedent b) Sub silento c) Per incuriam d) Both (c) & (d)
7) Who is called Darwin of historical school?
a) Burke b) Maine c) Montesiquee d) Savigny
8) Who said that “the living person comes and goes but corporation sole remains same
forever?”
a) Kelson b) Dias c) Holland d) None
9) The concept of Austin sovereignty is influenced by ideology of which of the following
person?
a) Locke b) Montesiquee c) Rousseau d) Hobbes
10) The term legislative wisdom means?
a) Intelligence of legislature b) Wisdom of legislature c) Intention of legislature
d) All of the above
11) Austin is the palm tree in Jurisprudence. This statement is given by...
a) Maine b) Allen c) Laski d) Salmond
12) Which of the following person was not part of constitution drafting commission
2047?
a) Madhav Nepal b) Bharatmohan Adhikari c) Damannath Dhungana d)
Shailaja Acharya
13) Distinction between public and private law is considered not to be significant in
which of the following legal system?
a) Continental b) Common c) Socialist d) Religious
14) Who made the following observation? “Legal theory is science. Jurisprudence is
knowledge of law what it is, and not what law ought to be.”
a) Austin b) Hart c) Pound d) Kelson
15) Which of the following isn’t theory of corporate personality?
a) Ownership theory b) Organism theory c) Both (a)& (b) d) None
16) Which of the following is not obligation of state as per Article 52?
a) Pursuing directive principle of state
b) Protecting and promoting fundamental rights and human rights
c) Making Nepal socialism oriented
d) None of the above
DEJURE INSTITUTE OF LAW
17) Which of the following article implies duty of President to protect protect and abide
by constitution?
a) Art. 61(2) b) Article 61(4) c) Article 61(5) d) None
18) The first Constitution amendment of 2072 was performed on which of the following
article?
a) Article 42 b) Article 286 c) Article 84 d) All of the above
19) Which which of the following articles provides provision regarding review of
constitutional commission after 10 years?
a) Article 263 b) Article 265 c) Article 264 d) Article 262
20) The Total number of concurrent power of federation province and local level is...
a) 13 b) 14 c) 15 d) None
21) According present constitution, local level doesn’t mean?
a) Rural municipality b) Municipality c) District assembly d) None
22) The total number of member in national security commission is:
a) 5 b) 6 c) 7 d) 8
23) The term of office of member of judicial council as that of article 153(d) & (e) shall
be:
a) 2 years b) 3 years c) 4 years d) 5 years
24) According to constitution of Nepal the number of term one can become the mayor or
chairperson of local level is:
a) One b) Two c) Three d) No restriction
25) Which of the following article provisions regarding provincial head (Pradesh
pramukh) of provinces of Nepal?
a) Article 162 b) Article 163 c) Article 164 d) Article 165
26) Which of the following articles provides responsibility of Chieft justice of Nepal?
a) Article 135 b) Article 134 c) Article 136 d) None of the above
27) Which of the following articles provides All shall abide by the orders or decisions
made by courts in the course of hearing of lawsuit?
a) Article 128(2) b) Article 126(2) c) Article 128(4) d) Article 128(3)
28) A libel upon a dead man shall be punishment to defend the right of:
a) The dead man b) Dead man’s property c) Descendants of dead man
d) All of the above
29) Article 20(10) Constitution provisions:
a) Probo service b) Free legal aid c) Both A & B d) Fair Trial
30) Law is no doubt a remedy for greater evils yet it brings evils of its own" was said by:
a) Lord Devlin b) Lord Atkin c) Chipman Grey d) Salmond

2. Attempt any one of the following questions:


a. What is constitution ? What are the types of constitution? Explain.
Also Differentiate between the written and unwritten constitution.
Or
The true source of right is a duty. If we all discharge our duties, right will not be far to
seek. Discuss with relevant examples. Are rights and duties always co-related and
same. Include Hofeld’s arrangement of jural relations representing in diagrammatic
form.

3. Attempt any three of the following questions: 3*10=30 Marks


a. Write core areas of the future direction of law.
b. How do you access the contribution of Hans Kelson for Porpounding the “Pure
Theory of Law”?
DEJURE INSTITUTE OF LAW
c. The right to development does not imply the fact to carry out development
activities degrading the environment.
d. Fundamental rights are rights against the state. Explain.
e. Society changes faster than law said by Karl Llewellyn. Do you agree with his
statement?
f. What are the sources of law? Explain custom as source of law.

4. Creative writing: 1*20 Marks: 20 marks


Rule of law ensures adherence to the principles of supremacy of the law or
predominance of the law as opposed to the influence of arbitrary power,
constitutionalism, equality before the law, accountability to the law, due process of law,
separation of power, independence of judiciary and judicial review. The rule of law
delivers four universal principles: accountability, just law, open government and
accessible and impartial justice. Assimilating these principles, the Constitution of Nepal
has guaranteed the rule of law through its preamble, fundamental rights with
constitutional remedy, directive principles and state policies and various other legal
provisions that have added hope for the people of limited government. The
governmentas well as private actors are accountable under the law. In such situation,
do you agree the rule of law truly exist in Nepal?

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