Interpretation of statutes MCQs [Part: 2]

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41. 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 

42. What is the rule in Pepper V 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 

43. 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 

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44. 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 

45. 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. 

46. Which of the following statements is a definition of the phrase ‘ratio decidendi’? 

a. The verdict 

b. The material facts. 

c. A hypothetical situation. 

d. The legal reason for reaching a decision. 

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47. 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. 

48. 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 

49. Illustration: Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited were 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, 1969. 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?

a. Deletion Rule 

b. Mischief Rule 

c. Literal Rule 

d. Ejusdem Generis 

e. both a) and d) 

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50. Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the general language ‘or any other farm animal’ — despite its seeming breadth — would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens. This is an example of which rule of interpretation? 

a. Ejusdem Generis 

b. noscitur a sociis 

c. Literal Rule 

d. Both a) and b) 

51. What Statute is an aid in the interpretation of Statutes? 

a. General Clauses Act, 1897 

b. Interpretation of Statutes Act, 1897 

c. Law of Legislations, 1897 

d. All of the above 

52. While applying the literal rule of interpretation, it is important to keep in mind the: 

a. language 

b. theme 

c. context 

d. applicability 

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53. 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 

54. 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 

55. expressum facit cessare tacitum 

a. Private disadvantage is counterbalanced by public good. 

b. The reason for a decision. 

c. . An action does not arise from a bare promise 

d, express mention of one person or thing is exclusion of another. 

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56. 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. 

57. 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. 

58. 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. 

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59. Judicium semper 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 

60. Supreme Courts precedent in binding on 

a. Courts 

b. Appellate Tribunals 

c. Income Tax Authorities 

d. All of the above. 

61. 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 

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62. Doctrine of Separation of Powers was systematically formulated by 

a. Plato 

b. Montesquieu 

c. Dicey 

d. Aristotle 

63. ‘Rule of Law’ means 

a. Supremacy of Judiciary 

b. Supremacy of Law 

c. Equality before Law 

d. Supremacy of Parliament 

64. Which one of the following statements is true? 

a. Delegated legislation cannot have retrospective effect 

b. Delegated legislation can have retrospective effect, if authorized by Act or Statute

c. Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification

d. None of the above

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65. Which of the following interpretations of the Constitution regarding the utility of Directives is/are found to be correct? I. Even though the implementation of a Directive Principle may cause hardship to a few individu-als, it should be upheld in the larger interests of the community. II. In view of the absolute prohibition of consumption of liquor in Article 47, there cannot be any fundamental right to manufacture and sell intoxicating liquor. 

a. I and II 

b. Neither I nor II 

c. Only I 

d. Only II 

66. The legislative process includes the process of implementing and enforcing the law once made

a True 

b False 

67. 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. 

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68. who is the final answer to interpret the constitution 

a. The President 

b. The Parliament 

c. The lok Sabha 

d. The Supreme Court 

69. 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 

70. 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 

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71. 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 

72. Which rule of statutory interpretation should judges apply first? 

a. Purposive approach 

b. Mischief rule 

c. Golden rule 

d. Literal rule 

73. 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 

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74. 7. The idea of ‘concurrent list’ in the Indian constitution is taken from the Constitution of…………? 

a. Ireland 

b. Canada 

c. Australia 

d. Japan 

75. 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? 

b. What was the common law before the Act was passed? 

c. What was the remedy Parliament passed to cure the mischief? 

d. All are above 

76. When may judges apply the mischief rule? 

a. When there is ambiguity in the statute 

b. When there is absurdity 

c. When the law needs to be changed 

d. When not to do so would lead to injustice 

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77. Under the _________________ rule the words may be given a secondary meaning if applying the literal leads to absurdity. 

a. mischief rule 

b. golden rule 

c. liber rule 

d. none of above 

78. The Union List consists of 

a. 97 subjects 

b. 61 subjects 

c. 47 subjects 

d. 73 subjects 

79. An interpretation of the Constitution of India is based on the spirit of 

a. Fundamental Duties 

b. Fundamental Rights 

c. Preamble 

d. Federal System 

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80. 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 

81. 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 

82. 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 

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83. The states enjoy exclusive jurisdiction over subjects of 

a. Union list 

b. State list 

c. Residuary List 

d. Concurrent list 

84. 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 

85. The procedure for amending the Constitution is in 

a. Article 368 

b. Article 360 

c. Article 367 

d. Article 371 

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86. The list dividing powers between union and states are given in the ————- schedule 

a. IV 

b. V 

c. VI 

d. VII 

87. 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 

88. What does repeal of law mean? 

a. change in law 

b. amendment in law 

c. removal or reversal of law. 

d. none of above 

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89. General clauses Act enacted in the year… 

a. March 11, 1897 

b. January 15, 1920 

c. August 15 1987 

d. December 31, 1975 

90. The term morals refer… 

a. ethics or principles 

b. legal rules by a competent authority . 

c. only above a is correct 

d. both a and b correct. 

91. What is similarity in law and morals? 

a. both regulate human conduct 

b. both not regulate human conduct 

c. both use similar language 

d. above a and c is correct 

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92. Morals have …… 

a. Universal values 

b. various from society to society 

c. various from time to time 

d. various from person to person. 

93. Law looks to….. 

a. external conduct 

b. internal conduct 

c. both a and b 

d. none of above 

94. The statutes dealing with tax are termed as…

a. civil statues 

b. penal statute 

c. fiscal statutes. 

d. personal statutes 

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95. When there is a conflict between two or more statues or two or more parts of a statute then the rule 

a. welfare construction 

b. strict construction 

c. harmonious construction 

d. none of above 

96. Pith and substance is a legal doctrine in —– 

a. Canadian constitutional interpretation 

b. Indian constitutional interpretation 

c. Indian and Canadian Constitutional interpretation 

d. none of above 

97. The doctrine of colorable legislation refers to the 

a. question of competency of the legislature 

b. question of fact 

c. question of jurisdiction 

d . nature of legislation 

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98. Repugnancy as an inconsistency or contradiction between two or more parts of a legal instrument 

a. true 

b. false 

c. can’t say 

99. Law Commission of India is an executive body 

a. executive body 

b. judicial body 

c. legislative body 

d. quasi-judicial body 

100. The first Law Commission was established during the British Raj era in 1834 

a. 1834 

b. 1836 

c. 1860 

d. 1881 

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