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CS Executive Sources of Law — practice questions

Explore 14 free Sources of Law questions in CS Executive Companylaw. Open each question or exercise to read its content, reference answers and available explanation.

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Sources of Law questions and exercises with answers

Showing questions 1–14 of 14.

Roman jurists like Ulpine, Cicero and Justinian, who treated 'justice' as the main guiding element of law, belong to which school of legal definition?Read the answer and worked solution →Roscoe Pound's analysis of law as 'a social institution to satisfy social wants' through political and ethical struggles places him in which school?Read the answer and worked solution →A custom must be 'immemorial' meaning it must be:Read the answer and worked solution →Which of the following is NOT a requisite of a valid custom as listed by the unit?Read the answer and worked solution →Article 141 of the Constitution makes the decisions of which court binding on all other courts within India?Read the answer and worked solution →The underlying principle of a judicial decision that carries the binding force of law is termed:Read the answer and worked solution →'Obiter dicta' literally means:Read the answer and worked solution →Per the unit, the decisions of one High Court in India have what status before another High Court?Read the answer and worked solution →The 'Principle of Equity' as a source of English law was administered by the:Read the answer and worked solution →Indian Mercantile Law was first codified through which Act, enacted in 1872?Read the answer and worked solution →Per Austin's Command Theory, the three essential features of law are:Read the answer and worked solution →Roscoe Pound's theory of law is sometimes called the theory of:Read the answer and worked solution →The word 'jurisprudence' is derived from the Latin word for 'law' and which other word?Read the answer and worked solution →The 'Grundnorm' or basic/ultimate norm from which all other norms derive their power is a central concept of which jurist's theory?Read the answer and worked solution →

Worked practice questions

Roman jurists like Ulpine, Cicero and Justinian, who treated 'justice' as the main guiding element of law, belong to which school of legal definition?

  1. Natural School
  2. Positivistic School
  3. Historical School
  4. Realist School
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Correct answer: A. Natural School

1. The Natural School treats certain rights as inherent in human nature and discoverable by reason. 2. Roman jurists Ulpine, Cicero and Justinian fall under this school per the unit. 3. Ulpine defined law as 'the art or science of what is equitable and good'. 4. For all these definitions, 'justice' is the main guiding element. 5. Positivistic, Historical and Realist schools emphasise sovereign command, popular consciousness and judicial process respectively. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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Roscoe Pound's analysis of law as 'a social institution to satisfy social wants' through political and ethical struggles places him in which school?

  1. Natural School
  2. Historical School
  3. Realist School
  4. Sociological School
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Correct answer: D. Sociological School

1. Roscoe Pound's analysis of law as a tool of social engineering is the sociological view. 2. He saw law as balancing competing individual, public and social interests. 3. Duguit and Ihering also fall in the Sociological School. 4. The Realist School (Holmes, Cardozo) defines law in terms of judicial process. 5. So Roscoe Pound is sociological, not realist. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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A custom must be 'immemorial' meaning it must be:

  1. At least 50 years old
  2. Practised by the entire country
  3. Recognised by Parliament expressly
  4. Proved to be ancient with no known origin
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Correct answer: D. Proved to be ancient with no known origin

1. The first requisite of a valid custom is Antiquity (Immemorial). 2. The unit cites Blackstone: the custom must have been used so long that the memory of man runs not to the contrary. 3. In India there is no fixed cut-off date (unlike English law's 1189 A.D. test). 4. It is sufficient to prove the custom is ancient. 5. So 'immemorial' means proved-ancient with no known origin, not a fixed age limit. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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