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DAYANAND COLLEGE OF LAW, LATUR.
MCQ QUESTION BANK
Interpretation of Statutes LL.B III and BSL-V ( Sem- VI )
- There is no need for presumptions?
a. The intention of the legislation is clear b. The intention of the legislation is not clear c. Can be use din any condition
d. All of the above
- Where in an enactment, there are two provisions which cannot be reconciled with each other; they should be so interpreted that, if possible effect may be given to both. This is what known as the_____________
a. Rule of harmonious construction
b. Rule of reasonable construction c. Rule of ejusdem generis
- According ________ rule of interpretation meaning of word should be known from its Accompany ignore associating words?
a. Mischief rule b. Golden rule
c. Noscitur a sociis d. Primary rule
4.________means that contemp or an eousex position is the best and strongest in law?
a. Ejusdem generis
b. Contemporanea Exposition Est Optima Est Fortissim a in Lege c. Noscitur a sociis
d. None of above
- Interpretation of statute should not be given a meaning which would make other________ Provisions?
a. In effective b. Redundant
c. Dormant d. None of the above
- Rule of ejusdem generic is applicable when__________?
a. Specific word follow general words b. General word follows specific words c. Either (a) or (b)
d. Both (a) and (b)
- According to which rule of interpretation old statutes should be interpreted as they would Have been at the date when they were passed?
a. Expression unisest exclusion alteri us b. Contemporanea Exposition Est Optima Est Fortissimain Lege
c. Utresmag is valeat Quam Pareat d..Nosciur a Sociis
- According to primary rule, the ________of a statute are to be understood in the is natural, ordinary or popular and grammatical meaning unless such a construction leads to an Absurdity or contents or object of the statute suggests a different meaning?
a. Words b. Phrase
c. Sentences d. All of above
- According to the _________the words, phrases, sentence so fast a tute are to be understood In their natural, ordinary or popular and grammatical meaning, unless such a construction Leads to an absurdity or contents or object of the statute suggests a different meaning?
a. Literal construction b. Mischief rule
c. Strict rule of interpretation d. None of above
- Which of the following is internal aid for interpretation of statute?
a. Long title b. Marginal notes
c. Interpretation clauses d. All of above
- As per the rule of _________meaning of a word should be known from its accompany ingor Associating words.
a. Noscitur a sociis
b. Strict and liberal construction c. Ejusdem generis d. None of the above
- Which of the following are acceptable extrinsic material use in interpreting legislation?
a. Parliamentary committee reports b. Dictionaries c. Notes on Clauses of the bill
d. All of above
- Generally ____________are given strict interpretation?
a. Labour b. Welfare laws
c. Criminal laws d. None of the above
- If there is any appearance of in consistency between the schedule and specific provision in An enactment, the ________ shall prevail?
a.Schedule
b. Provisions c. Both will be applicable as per situation d. None of the above
- Heydons case deals with____?
a. Mischeif rule
b. Rule of reasonable construction c. Noscitur a sociis d. Golden rule
- Non obstante clause usually starts with the word___?
a. Provided that b. Notwithstanding anything contained
c. Save as provided otherwise d. Any of the above
21._____isused to remove special cases from the general enactment and provide for them specially?
a. Exception clause
b. Saving clause c. Proviso
c. Heading d. All of above
- While constructing a provision in penal statute if there appears to be a reasonable doubt or Ambiguity it shall bere solved in favour of?
a. State government
b. Union c. Person who would beliable to penalty d. None of the above
- Which of the following is internal aid for interpretation of statute?
a. Reference to reports of committee b. Statement of objects and reasons
c. Dictionaries d. Preamble
- Therules______meanstheexpressmentionofonethingistheexclusionofother?
a. Rule of harmonious construction b. Primary rule
c. Ejusdem generis d. Expressi onunis estexclusion alterius
30.Internal aid in interpretation of statute includes?
a. Title b. Preamble
c. Marginal notes d. All of above
- A statute has been defined as the______
a. Will of the king b. Will of the society
c. Will of them agistrate d. Will of the legislature
- What is the doctrine of stare decisis?
a. The doctrine of Parliamentary sovereignty b. The doctrine of royal pardon c. The doctrine of statutory interpretation
d. The doctrine of precedent
- What is case law?
a. Law representing the decision soft he courts b. Law passed by Parliament c. Delegated legislation
d. Case law is not really law at all
- What is legislation?
a. Legislation is law made by judges b. Legislation is law made by Parliament c. Legislation is law made by custom
d. Legislation is law made by the Law Commission
- How many readings must a Billhave in the House of Commons and the House of Lords Before it receives Royal Assent?
a. 1in the House of Commons, 3in the House of Lords b. 3in the House of Commons,1in the House of Lords
c. 1in each House d. 3in each House
- What is the Committee Stage in the passage of a Bill through the House of Commons?
a. A committee reading of the title of the Bill
- What is them is chief rule?
a. In interpreting statutes, judges should look at the ‘mischief’ which the Act was passed to prevent
b. There must be no mischief in court c. In interpreting statutes, judges should interpret the words literally
d. In interpreting statutes, judges should interpret the words as they see fit
- What is the rule in Pepperv Hart?
a. Judges can refer to newspapers when interpreting statutes
b. Judges can refer to other judges when interpreting statutes c. Judges can refer to Hansard when interpreting statutes d. Judges cannot refer to any external aid when interpreting statutes
- What is delegated legislation?
a. A decision of the courts
b. An Act of Parliament c. Law made by a delegation d. Law made by a person or body to whom Parliament has delegated power
- Which of these is a disadvantage of delegated legislation?
a. It is quick to produce b. It can be flexible
c. It raises issues of accountability d. It can be made by reference to special is knowledge
- A statute may be interpreted by judges by using different rules. Which of the following is not a rule of interpretation?
a.Golden Rule.
b. Literal Rule. c. Mischief Rule.
d. General Rule.
- Which of the following statements is a definition of the phase 'ratio decidendi'?
a. The verdict
b. The material facts. c. A hypothetical situation. d. The legal reason for reaching a decision.
- Which of the following statements is correct?
a. The Supreme Court is bound by its own previous cases.
b. The House of Lords is the highest court of appeal in England and Wales. c. There are no appeals from decisions of the Court of Appeal. d. A principle of law set down in a case may be overruled by statute.
- Which of the following is the most accurate description of the Golden Rule of Interpretation?
a. Justice must be served b. Literal meaning must always be adopted without fail c. Literal meaning must always be adopted except when it leads to absurdity
d. All of the above e. Context must be understood properly
- Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act,
- That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation?
- Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction?
a. long title b. preamble c. headings
d. definitions e. Parliamentary history
- Delegatus non potest delegare
a. Debtor follows the person of the debtor b. An action does not arise from a bare promise
c. A delegated power cannot be further delegated d. The law does not concern itself with trifling matters
- expressumn facit cessare tacitum
a. Private disadvantage is counter balanced by public good. b. The reason of a decision.
c.. An action does not arise from a bare promise d, express mention of one person or thing is exclusion of another.
- Generalia specialibus non derogant
a. The king can do no wrong. b. general things do not derogate from special things.
c. The land passes with its burdens. d. An accessory follows the principal.
- Utres valet potior quam pareat.
a. it may rather become operative than null”. b. A matter adjudged is taken for truth.
c. An accessory follows the principal. d. The land passes with its burdens.
- Expressum facit cessare tacitum.
a. Private disadvantage is counter balanced by public good. b. what is expressed makes what is implied to cease. c. An accessory follows the principal.
d. A matter adjudged is taken for truth.
- Judicium simper pro veritate accipitur
a. A judgment always accepted as true b. A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no effect
c. In equal delict, the position of the defender is the stronger d. The immediate and not the remote cause is to be considered
- Supreme Courts precedent in binding on
a. Courts b. Appellate Tribunals
c. Income Tax Authorities d. All of the above.
- In which of the following cases free and fair election is recognized as basic structure of Indian Constitution?
a. Indira Gandhi V- Raj Narayan
b. Minerva Mills V- Union of India c. Both (A) and (B) above d. None of the above
- Doctrine of Separation of Powers was systematically formulated by
a. Plato
- The legislative process includes the process of implementing and enforcing the law once made.
a True
b False
- Which of the following statements accurately capture Dicey's view on the limitations which exist on Parliament's law-making powers?
a. Parliament's law-making powers are subject to external and internal political limits.
b. Parliament's law-making powers are not subject to any limits. c. Parliament's law-making powers are subject to legal limitations. d. Parliament's law-making powers are subject to legal and political limitations.
- who is the final answer to interpret the constitution
a. The President b. The Parliament c. The lok Sabha
d. The Supreme Court
- The power of Supreme Court to decide the dispute between the centre and the states falls under its
a. Advisory Jurisdiction b. Appellate Jurisdiction
c. Original Jurisdiction d. Advisory and appellate Jurisdiction
- When may judges apply the golden rule?
a. When the mischief rule can't be applied b. In the same circumstances as the purposive approach c. When applying the literal would be unfair d. When applying the literal rule leads to an absurd or repugnant result
- According to the ___________ rule, the words of the statute are to be given their plain and ordinary meaning.
a. Literal rule
b. golden rule c. natural rule
d. mischief rule
- Which rule of statutory interpretation should judges apply first?
a. Purposive approach
b. Mischief rule c. Golden rule d. Literal rule
- The concept of the Judicial review has been borrowed from the Constitution of
(a) U.K.
(b) Switzerland (c) U.S.A (d) U.S.S.R
- The idea of 'concurrent list' in the Indian constitution is taken from the Constitution of............?
a. Ireland
b. Canada c. Australia
d. Japan
- What are the four factors the courts are required to consider according to Heydon's case?
a. What was the mischief and defect for which the common law did not provide?
- The sequence of procedure for passing a Bill in the House is
a. First reading, Committee stage, report stage, second reading, third reading b. First reading, second reading, committee stage, report stage, third reading
c. First reading, second reading, third reading, Committee stage, report stage d. First reading, Committee stage, second reading, third reading
- In a federal system the guardian of the Constitution is
a. the Parliament b. the Judiciary
c. the council of Ministers d. the National Security Advisor
- The Union Legislature in India is empowered
a. Not to amend the basic structure of the Constitution b. to amend the basic structure of the Constitution
c. To abrogate the basic structure d. None of these
- The states enjoy exclusive jurisdiction over subjects of
a. Union list b. State list c. Residuary List
d. Concurrent list
- Majority provisions of the Constitution of India can be amended by
a. the Parliament b. The President
c. the State Legislature
d. the Parliament of the consent of states
- The procedure for amending the Constitution is in
a. Article 368
b. Article 360 c. Article 367 d. Article 371
- The list dividing powers between union and states are given in the ------------- schedule
a. IV b. V c. VI
d. VII
- Operation of law means…..
a. prospective operation of law b. retrospective operation of law c. both as above a and b
d. none of above
- What is mean repeal of law?
a. change in law
b. amendment in law c. removal or reversal of law.
d. none of above
- General clauses Act enacted in the year…
a. March 11, 1897 b. January 15, 1920
