The Tamil Nadu Dr. Ambedkar Law University, Chennai Ph. D Admissions – 2015 Entrance Examination – Ph. D in Law / Interdisciplinary PART – A Objective Type Note: 1. Answers have been given in Bold Letters. 2. Following Questions are shuffled in four different patterns ***** 1 Who does advocate ‘Utilitarian Individualism’? A. Austin B. Bentham C. J.S.Mill D. Savigny 2 Consider the following statements. 1. All legal persons are treated as persons. 2. All natural persons are legal persons. 3. All corporate associations are legal persons. Select the correct answer using the code given below: A. 1 and 2 are correct B. 1and 3 are correct C. 2 and 3 are correct D. 1,2 and 3 are correct 1 3 According to Sir Henry Maine, through which of the following instrumentalities do progressive societies (unlike static societies) proceed to develop law? 1. 2. 3. 4. Codification and legislation Royal commands, custom and codification Legal Fiction Equity and legislation Select the correct answer using the code given below: A. 1 and 3 B. 2 and 4 C. 4 only D. 3 and 4 4 Which of the following can make a supreme legislation? A. Executive B. State Legislature C. University D. Corporations 5 Which one of the following statements relating to a valid custom is a FALSE statement? A. It must be antiquity B. It must be certain C. It must be judicially recognized D. It must have uniformity 6 Assertion (A): Austin’s concept of law is known as evolutionary theory. Reason (R): Austin emphasized on the commanding character of law. A. B. C. D. Both A and R are individually true and R is the correct explanation of A. Both A and R are individually true but R is not the correct explanation of A. A is true and but R is false. A is false but R is true. 2 7 Assertion (A): Precedent is a source of law. Reason (R): When a decision is overruled, it loses its binding authority. A. Both A and R are individually true and R is the correct explanation of A. B. Both A and R are individually true but R is not the correct explanation of A. C. A is true and but R is false. D. A is false but R is true. 8 Which of the following combination is/are correct? Theory of corporate personality Propounder of theory 1. Realist 2. Symbolist 3. Fiction Gierke Savigny Ihering Select the correct answer using the code given below: A. B. C. D. 9 1,2 and 3 1 and 3 2 and 3 1 alone Match List-I with List-II and select the correct answer using the code given below : a. b. c. d. A. B. C. D. List – I Thomas Acquinas John Austin Kelsen Rawls a b c d 2 4 3 3 2 1 1 3 4 4 1 2 3 2 1 1. 2. 3. 4. List –II Normative order Positive Theory Dictates of Reasoning Theory of Justice 4 3 10 Which of the following is TRUE with regard to the term ‘mediate possession’? A. Possession acquired through an agent B. Title of the right and not the right itself C. Voluntary requirement of possession D. Continuous claim to a thing 11 12 Which of the following pair is NOT CORRECTLY matched: List – I A. Valid Custom List –II Reasonableness B. Usage Common law C. Conventional Custom D. Legal Custom Usage Binding rules of law Which one of the following pair is NOT CORRECTLY matched? A. B. C. D. 13 St.Thomas Acquinas Kelsen Austin - Natural Law - Monism - Positivism Grotius - Sovereignty of State Match List-I (Statement) with List-II (Author) and select the correct answer using the code given below a. b. c. d. List I Sociological School is ‘metajuristic’ Formal analysis of the structure of English law Jurisprudence is lawyer’s extra version Distinguishes between expositorial and censorial law a b c d A. 4 B. 1 2 3 C. 4 3 D. 1 2 1 4 3. Austin 4. Kelsen 3 2 1 4 List II 1. Julius Stone 2. Bentham 2 3 4 14 Assertion (A): Linguistic and Religious minorities shall have the right to establish and administer educational institution of their choice. Reason (R): Institutions established by the minorities are not entitled to government aid. A. Both A and R are individually true and R is the correct explanation of A B. Both A and R are individually true and R is not the correct explanation of A C. A is true but R is false D. A is false but R is true 15 Match List I and List II and select the correct answer using the code given below a. b. c. d. 16 List I Concurrent list Rule of law Directive Principle of State Policy Emergency Provisions a b c d 1. 2. 3. 4. A. 1 2 3 4 B. 3 4 2 1 C. 1 3 4 2 D. 4 3 2 List II Constitution of Germany Constitution of Ireland British Constitution Constitution of Australia 1 Match List I and List II and select the correct answer using the code given below List I List II a. A.D.M. Jablapur v. Shiv Kant 1. Bearer Bond case Shukla b. M.S.M. Sharma v. S.K. Sinha 2. Habeas Corpus case c. R.C.Cooper v. Union of India 3. Bank Nationalization case d. R.K. Garg v. Union of India 4. Searchlight case A. B. C. D. a 2 4 2 2 b 1 2 4 4 c 4 1 1 d 3 3 3 3 1 5 17 “Full Faith and Credit Clause” of the Constitution does not apply to: A. Public records B. Judicial proceedings C. Acts of corporations D. Public acts 18 Which of the following is WRONG with reference to appointment of judges of the Supreme Court? A. Article 124 deals with appointment of the judges of the Supreme Court. B. Collegium system has been evolved by the Supreme Court. C. Amendments have been made in the 125th Amendment Act. D. This amendment required ratification of not less than half of the States. 19 Special leave to Appeal under Article 136 of the Constitution of India may be granted by Supreme Court – A. Against the orders and judgements of the High Courts alone. B. Against any judgement, decree, determination, sentence or order under any cause or matter passed or made by any court or tribunal in the territory of India. C. Against any appellate order or judgement passed by any Courts or Tribunal in India alone. D. Against the order or judgement of the High Court passed only in Public Interest Litigation alone. 20 To qualify as a National Political Party, a political party has to fulfill which one of the following condition A. It has to win assembly seats atleast in three States. B. It has to receive 4% of the total votes polled in two or more States. C. It has to receive 6% of the total votes share in four or more States. D. None of the above. 6 21 Assertion (A): No qualification has been prescribed for the appointment of a member of the Union Public Service Commission. Reason (R): The Constitution does not fix the number of members of the Union Public Service Commission. A. Both A and R are true and R is the correct explanation of A B. Both A and R are true and R is not the correct explanation of A C. A is true but R is false D. A is false but R is true 22 Which of the following are included in the list of fundamental duties in the Constitution? 1. To abide by the Constitution and respect its ideals and institution. 2. To safeguard public property and to abjure violence 3. To uphold and protect the sovereignty, unity and integrity of India 4. To uphold and protect secularism Select the correct answer using the code given below: A. 1, 3 and 4 B. 1, 2 and 4 C. 2, 3 and 4 D. 1, 2 and 3 23 Which of the following authority has the power to form a new state within the Union of India? A. Speaker of the Lok Sabha B. President C. The Rajya Sabha D. Parliament 24 The total number of Ministers, including the Prime Minister in the Council of Minister should not exceed A. 20% of the total number of members of Lok Sabha B. 15% of the total number of members of Lok Sabha C. 20% of the total number of members of Rajya Sabha D. 15% of the total number of members of both the House 7 25 The President of India is A. B. C. D. 26 Part of the Parliament De-jure Executive Head Head of the State All the above “Excessive reservation would be a fraud on the Constitution of India” was observed by the Supreme Court in – A. Balaji v. State of Mysore B. Indira Swahney v. Union of India C. Devadasan v. Union of India D. T.M.A Pai Foundation v. State of Karnataka 27 John Austin has opined that A. International Law is private law ‘writ large’ B. International law is code of the rule of positive international morality C. International law is law only courtesy D. International law is the vanishing point of jurisprudence 28 Assertion (A): International Law is not law at all. Reason (R): International Law has no judicial system to enforce the law by applied sanctions. A. Both A and R are true and R is the correct explanation of A B. Both A and R are true but R is not a correct explanation of A C. A is true but R is false D. A is false but R is true 29 The UNO has been prohibited from intervening in matters which are essentially within the domestic jurisdiction of any State. Yet the; A. Security Council can intervene when it decides on enforcement action. B. Security Council can intervene to stop religious strife in a country. C. General Assembly can intervene under the ‘uniting for peace’ resolution. D. Security Council can intervene for the release of hostages taken by a State. 8 30 Match List-I with List-II and select the correct answer using the code given below a. b. c. d. 31 32 A. 3 4 1 2 B. 4 3 2 1 C. 3 4 2 1 D. 4 3 1 1. 2. 3. 4. List-II Rome Vienna New York The Hague 2 Which one of the following doctrine requires that the parties of a treaty are bound to observe its terms in good faith? A. The Drago doctrine B. Right of Asylum C. Doctrine of Equality D. Pacta Sunt Servanda A State becomes an international person by recognition and recognition alone. This is called A. B. C. D. 33 List-I International Court of Justice The United Nations Food and Agricultural Organization International Atomic Energy Agency a b c d Obligatory Theory Declaratory Theory Evidentiary Theory Constitutive Theory In the Right of Passage over Indian Territory case the International Court of Justice decided that A. Colonial treaties ceased to be valid B. A customary law right C. Dadra and Nagar Haveli were not part of the former British India D. Resort to force by India in the liberalization of Goa was justified. 9 34 The dispute on the law of the sea between India and Bangladesh was recently settled by A. B. C. D. 35 International Arbitration Assertion (A): custom is an ineffective means of development of International Law. Reason (R): Custom is uncertain in content and develops slowly. A. B. C. D. 36 International Court of Justice The Security Council The General Assembly Both A and R are true and R is the correct explanation of A Both A and R are true but R is not a correct explanation of A A is true but R is false A is false but R is true Which one of the following is NOT a function of the Economic and Social Council? A. Promotion of economic and social development B. Promotion of better standards of human welfare C. Supervision and control of the functions of specialized agencies D. Observance of human rights 37 Match List I with List II and select the correct answer using the code given below List-I a. Temple of Preah Vihar b. Fisheries Jurisdiction case c. The Western Sahara case d. The Frontier Dispute case a b List-II 1. Estoppel 2. Principle of Self determination 3. Treaty concluded under the threat or use of force is void 4. Prohibition of the use of armed force c d A. 1 3 2 4 B. 4 C. 2 D. 1 3 4 2 1 1 3 2 3 4 10 38 Which one of the following is NOT included in the UN Charter as an object of the United Nations A. To protect the sovereignty of the member states B. To avoid war as a means for settlements of international disputes C. Development of human personality D. To ensure respect for international obligation arising from treaties and other forms of international law. 39 40 Which one of the following is NOT a parameter to understand the general characteristics of the population? A. Arithmetic average B. Mode C. Median D. Variable Which of the following are the characteristics of a good hypothesis? 1. operational definition of variables 2. appropriate technique for testing 3. quantification of variables choose the correct code given bellow: A. 1 and 2 are correct B. 1 and 3 are correct C. 2 and 3 are correct D. 1,2 and 3 are correct 41 Which of the following is/are the source of hypothesis? A. B. C. D. Theory Experience Analogy All the above 11 42 ‘Research about law’ refers to 1. Doctrinal research 2. Non-doctrinal research 3. Socio-legal research Choose the correct code given bellow: A. 1 and 2 are correct B. 1 and 3 are correct C. 2 and 3 are correct D. 1,2 and 3 are correct 43 Which of the following is NOT a research method in Doctrinal research? A. Case study method 44 B. Diagnostic method C. Exploratory method D. Formulative method Match the following and select the correct answer using the code given below a. Questionnaire : 1. structured b. Interview : 2. representative c. Observation : 3. close ended d. sample : 4. Silent A. B. C. D. 45 a 1 b 2 c 3 d 4 3 1 4 2 2 3 4 1 2 2 4 4 Which one of the following statement is the most appropriate for a null hypothesis: A. there is no influence between the variables B. the same as experimental hypothesis C. deals only with ex-post facto variables D. deals only with qualitative variables 12 46 A reasoning where one starts with certain particular statement and conclude with a universal statement is called A. Deductive Reasoning B. Inductive Reasoning C. Abnormal Reasoning D. Transcendental Reasoning 47 Which one of the following comes under non-probability sampling? A. Cluster sampling B. Systematic sampling C. Quota sampling D. Stratified random sampling 48 Assertion (A): Act is based on deductive logic Reasoning (R) : Precedent is based on inductive logic A. Both A and R are individually true and R is the correct explanation of A. B. Both A and R are individually true but R is not the correct explanation of A. C. A is true and but R is false. D. A is false but R is true. 49 Match the following and select the correct answer using the code given below a. Wambaugh’s Test : 1. Material fact b. Good Hart Test : 2. Mischief rule c. Heydon’s Rule : 3. Reversal rule d. Golden Rule : 4. Litera legis a A. 1 B. 4 C. 3 D. 2 b 3 2 c 2 1 d 4 3 1 2 4 4 3 1 13 50 Fundamental research reflects the ability to: A. Synthesize new ideals B. Expound new principles C. Evaluate the existing material concerning research D. Study the existing literature regarding various topics ********** 14
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