AIBE IV (2012) - Solved Question Paper with Explanations

Q: Who categorized the subject of jurisprudence as 'Expositorial Jurisprudence' and censorial Jurisprudence?

Correct option: B. Jeremy Bentham drew a distinction between *expository (or expositorial) jurisprudence*—which states what the law **is**—and *censorial jurisprudence*—which considers what the law **ought to be**.

Q: Who described Jurisprudence as Lawyer's Extra version?

Correct option: C. Julius Stone famously called jurisprudence the “lawyer’s extraversion,” emphasizing jurists’ outward look at law’s relations with society.

Q: 'Fiction Theory' is related to which of the following concepts?

Correct option: D. The fiction theory (notably by Savigny) treats corporate personality as a legal fiction created by law, hence it relates to *legal personality*.

Q: The Consumer Protection Act was enacted in:

Correct option: B. The original Consumer Protection Act was enacted in **1986** (since replaced by the Consumer Protection Act, 2019).

Q: Appeal against the award of Claims Tribunals under the Motor Vehicles Act 1988 can be made under:

Correct option: C. Section **173** of the Motor Vehicles Act, 1988 provides for appeals to the High Court against awards of Motor Accident Claims Tribunals.

Q: The amendment in Motor Vehicles Act in 1994, the compensation in case of death of the person is :

Correct option: B. The 1994 amendment raised the fixed no-fault compensation for death under Section 140 from ₹25,000 to **₹50,000**.

Q: Under the vicarious liability, the liability is:

Correct option: C. Vicarious liability (e.g., employer–employee) is typically **joint and several**, enabling the claimant to recover the full amount from any liable defendant.

Q: In Torts, in case of Defamation:

Correct option: A. Defamation is generally a tort of strict liability; **intent** is not essential—publication of a defamatory statement suffices (subject to defenses).

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AIBE IV2012Solved + Explained

Showing 20 questions

Difficulty

Topic

Skill Tested

Questions: 20Topics: 6Skills: 5

Q1. Who categorized the subject of jurisprudence as 'Expositorial Jurisprudence' and censorial Jurisprudence?

AHolland;

BBentham;

CKelsen;

DPaton .

Difficulty: EasyTopic: Administrative LawSkill Tested: LocateType: Doctrine/Principle

Q2. Who described Jurisprudence as Lawyer's Extra version?

ASavigny;

BSalmond;

CJulius Stone;

DBuckland.

Difficulty: EasyTopic: Administrative LawSkill Tested: LocateType: Doctrine/Principle

Q3. 'Fiction Theory' is related to which of the following concepts?

AOwnership;

BLiability;

CJustice;

DLegal personality.

Difficulty: EasyTopic: Company LawSkill Tested: DefineType: Doctrine/Principle

Q4. The Consumer Protection Act was enacted in:

A1985 ;

B1986 ;

C2005 ;

D2008 .

Difficulty: EasyTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: LocateType: Short title/Extent/Commencement

Q5. Appeal against the award of Claims Tribunals under the Motor Vehicles Act 1988 can be made under:

ASection 171;

BSection 172;

CSection 173;

DSection 174 .

Difficulty: EasyTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: LocateType: Section

Q6. The amendment in Motor Vehicles Act in 1994, the compensation in case of death of the person is :

ARs. 25,000 ;

BRs.50,000;

CRs. 70,000 ;

DRs. 90,000 .

Difficulty: ModerateTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: NumbersType: Amendment

Q7. Under the vicarious liability, the liability is:

AJoint;

BSeveral;

CBoth (i) and (ii);

DEither of the above depending upon facts and circumstances of the case.

Difficulty: EasyTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: DefineType: Doctrine/Principle

Q8. In Torts, in case of Defamation:

AIntention to defame is not necessary;

BIntention to defame is necessary;

CBoth (i) and (ii);

DEither (i) or (ii).

Difficulty: EasyTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: DefineType: Doctrine/Principle

Q9. When was the Advocate Act introduced?

A1962;

B1959;

C1961;

D1966 ;

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Short title/Extent/Commencement

Q10. The Bar Council of India consist of following as ex-officio member:

AAttorney General of India;

BSolicitor General of India;

CBoth a & b ;

DNone of the above.

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Section

Q11. Indian Bar Committee was constituted first time under the chairmanship of Sir Adward Chamier in the year:

A1927 ;

B1961;

C1949;

D1923 .

Difficulty: ModerateTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Doctrine/Principle

Q12. Power of Disciplinary Committee under the Advocate Act is provided under:

ASection 42;

BSection 53;

CSection 40;

DSection 36 .

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Section

Q13. The Indian council of Arbitration was established in:

A1956 ;

B1976;

C1965;

D1996 .

Difficulty: ModerateTopic: Alternative Dispute Resolution (ADR) & Arbitration ActSkill Tested: LocateType: Doctrine/Principle

Q14. Lex Arbitri Means

AArbitral tribunal sitting in India can apply the law of Singapore;

BJust Law;

CArbitrary Law;

DNone of these.

Difficulty: EasyTopic: Alternative Dispute Resolution (ADR) & Arbitration ActSkill Tested: DefineType: Doctrine/Principle

Q15. In India the Arbitration & Conciliation Act was enacted in

A1992;

B1993;

C1994;

D1996 .

Difficulty: EasyTopic: Alternative Dispute Resolution (ADR) & Arbitration ActSkill Tested: LocateType: Short title/Extent/Commencement

Q16. Section 10 sub section (i) of the Arbitration & Conciliation Act talks about

APower of Arbitration;

BNumbers of Arbitrations;

CCapacity of Arbitrations;

DNone of the above.

Difficulty: EasyTopic: Alternative Dispute Resolution (ADR) & Arbitration ActSkill Tested: NumbersType: Sub-section/Clause

Q17. A Sunni Muslim marries with Kitabya girl. the marriage is:

AValid;

BVoid;

CIrregular;

DNone of these.

Difficulty: EasyTopic: Family LawSkill Tested: ApplyType: Doctrine/Principle

Q18. The Dissolution of Muslim Marriage Act, 1939 is based on which School of Muslim law:

AHanafi School;

BShafi School;

CMaliki School;

DZaidi School.

Difficulty: ModerateTopic: Family LawSkill Tested: LocateType: Doctrine/Principle

Q19. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if:

AShe is not married;

BShe is married;

CShe is widow and has no son or daughter but has a widowed daughter-in-law;

DShe cannot adopt at all.

Difficulty: ModerateTopic: Family LawSkill Tested: AuthorityType: Section

Q20. A child born of void and voidable marriage under hindu law is :

ALegitimate;

BIllegitimate;

CIllegal;

DNone of these.

Difficulty: EasyTopic: Family LawSkill Tested: LocateType: Section

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