17 final Special Official Weekly Tu Model Test Question by dejure final ,,,.pdf

DE JURE INSTITUTE OF LAW No.1 Law Institute with Highest Result in last 6 Years! Dejure Special TU Model – Complete Test 17 Long Question: 1*20=20 marks 1. Hens Kelson says,”Law is a primary...

DE JURE INSTITUTE OF LAW No.1 Law Institute with Highest Result in last 6 Years! Dejure Special TU Model – Complete Test 17 Long Question: 1*20=20 marks 1. Hens Kelson says,”Law is a primary norm which stipulates the sanction.” Explain with context of Vienna school of thought. Or The present constitution of Nepal promulgated by constituent assembly envisions a Federal Democratic Republican Nepal by institutionalizing the achievements of democratic movement held in the country. However, being amendable document it seeks amendment as per the national necessity by not jeopardizing its basic structure. Discuss with relevant examples. 1. Short Question: 3 ×10 = 30 marks a. a. All the practiced customs doesn’t get validity in the eye of law. Explain. b. b. In broader sense, equality means treating equals equally and unequal unequally. Justify c. Unborn child, dead man and animals aren’t person in the eye of law. Elaborate. Define natural person. Explain the legal status of dead person. d. Explain the kinds or Rights and Duties. 2. Creative Writing (approximately 300 words in English) 1×20=20 Despite slowed economic growth, Nepal’s external sector appears stronger due to foreign Nepal’s judiciary has had a reputation for being a sturdy pillar advocating the protection and promotion of democratic values and the fundamental rights of citizens. The primary responsibility of the judiciary is to interpret and uphold the constitution and other legislation. However, a stack of unresolved cases and the inability of the judiciary to settle the disputes have frustrated the citizens. As of July 16, 2024, the Supreme Court had 25,715 pending cases. Of these, 11,970 cases are over two years old, and 3,209 cases are lingering for over five years. These statistics demonstrate how the pending cases are overwhelming Nepal’s courts and significantly hindering justice, raising concerns about the integrity of the whole judicial system. Factors like delay in judges appointment, inadequate infrastructure, human resources and budgetary allocations etc have resulted in the issue. The recent 16th All Nepal Lawyers National Conference of Nepal Bar Association had one of its theme of “Restructuring of the Judiciary”, to increase faith in the judiciary and enhance the independence of the court and judges seeking some constitutional amendment for this purpose. The judiciary’s failure to deliver justice promptly is tantamount to denying justice altogether.In this context, Do you think Nepalese judiciary needs restructuring? Answer the question with supporting arguments for your position on this issue. Objective Questions: Tick the Correct Answers 1. Who propounded the theory of utilitarianism: "The proper end of every law is the promotion of the greatest happiness of the greatest number." a. Austin b. Hart c. Bentham d. Allen 2. Whose lectures were published under the title The Province of Jurisprudence Determined? a. Henry Maine b. Bentham c. Auguste Comte d. Austin 3. Who wrote an influential book The Concept of Law criticizing Austin's theory? a. Dr. Allen b. Professor Hart c. Ihering d. Hans Kelsen 4. Who is called a "Darwinian before Darwin and Sociologist before sociologists"? a. Savigny b. Darwin c. Montesquieu d. Maine 5. Who said law has its source in the general or common consciousness (Volksgeist) of the people? a. Henry Maine b. Savigny c. Allen d. Puchta 6. Who said, "The natural law, coexisting with mankind and emanating from God himself, is superior to all other laws. It is binding over all countries at all times, and no man-made law will be valid if it is contrary to the law of nature"? a. Salmon b. Blackstone c. Austin d. Lon Fuller 7. Who distinguished expositorial jurisprudence (i.e. what the law is) from censorial jurisprudence (i.e. what the law ought to be)? a. Bentham b. Fuller c. Austin d. Hart 8. According to......: "Law may be defined as the body of principles recognized and applied by the state in the administration of justice."  DE JURE INSTITUTE OF LAW No.1 Law Institute with Highest Result in last 6 Years! Dejure Special TU Model – Complete Test 17 a. Gray b. Vinogradoff c. Sir John Salmond d. Justice Cardozo 9. Who defined jurisprudence as "the philosophy of positive law"? a. Austin b. Holland c. Salmond d. Keeton 10. Cicero was a......law jurist. a. Greek b. Roman c. Chinese d. English 11...... has presented the thesis that jurisprudence is social engineering: a. Blackstone b. Jeremy Bentham c. John Stuart Mill d. Roscoe Pound 12. Legal Realism is the theory of law according to which "law is the..." a. Wisdom b. Understanding c. Practice d. None 13. Summa Theologica is a book written by...... a. Cicero b. Aristotle c. Thomas Aquinas d. Saint Joseph 14. The book Leviathan was written by a. Grey b. Lloyd c. Hobbes d. Austin 15. Stare Decisis means the previous judgments shall be... a. Amended b. Replaced c. Substituted d. Upheld 16. Lex Externa is the ordinance of a. Divine wisdom of universal governance b. Theory of jurisprudence c. A school of thought d. None of the above 17. Legal Realism was analyzed in the United States by: a. Salmond b. Holmes c. Austin d. Grotius 18. Discordance between law and fact may arise because: a. Presumption of juris or presumption of law b. Rebuttable Presumption and Conclusive Presumption c. Fictio Juris or fiction of law d. All of the above 19. Codification is the process of transformation of corpus juris into: a. Precedent b. Executed Law c. Enacted Law d. None of the above 20. A libel upon a dead man shall be punished to defend the right of: a. The dead man b. Dead man's property c. Descendants of dead man d. All of the above 21. An unborn child has a legal status so far as a. Duties on him b. Rights of unborn child c. Defamation of unborn child d. None of the above 22. Divestitive facts can be: a. Derivative titles b. Alienative facts c. Extinctive facts d. Both A & B 23. Injuria sine damno means: a. Injury to a legal right with an actual damage b. Injury to a legal right without actual damage c. No injury to a legal right with actual damage d. No injury to a legal right without actual damage 24. An intention is: a. The purpose of doing an act b. The objective of doing an act c. The ill-will of doing an act d. All of the above 25. What do you mean by the basic structure of the constitution? a. Unamenable subjects b. Amendable subject c. Subject to repeal d. Both A & C 26. Which of the following persons were part of the constitution drafting commission of 2047? a. Sir Ivor Jennings b. Raghunath Singh c. Madhav Kumar Nepal d. None 27. Which of the following articles provisions the responsibility of the chief justice? a. Article 134 b. Article 135 c. Article 136 d. None 28. Who defines law in terms of rights & duty? a. Gray b. Laski c. Paton d. T.H. Green 29. Article 20(10) of the Constitution provisions: a. Probation service b. Free legal aid c. Both A & B d. Fair trial 30. Who is known as the father of the Indian Constitution? a. Mahatma Gandhi b. Subhash Chandra Bose c. Jawaharlal Nehru d. Dr. B.R. Ambedkar *GOOD LUCK*