College of Humanities, Management and Social Sciences

MOUNTAIN TOP UNIVERSITY COLLEGE OF HUMANITIES, MANAGEMENT AND SOCIAL SCIENCES DEPARTMENT OF BUSINESS ADMINISTRATION INDUSTRIAL RELATIONS AND PERSONNEL MANAGEMENT/ PUBLIC ADMINISTRATION PROGRAMMES SECOND SEMESTER EXAMINATION 2016/2017 SESSION

COURSE TITLE: INTRODUCTION / PRINCIPLES OF LAW - 3 UNITS (R) COURSE CODE: IPM 106 AND PAD 104 TIME ALLOWED: 1 HOURS INSTRUCTION: Answer all questions carefully. OBJECTIVES 1. Mention the name of an Author that stated in his book “The Idea of Law”, that Law is a natural necessity to curb man’s sinful nature (a) Dennis Lloyd (b) Professor L.B. Curzon (c) Professor J.A.T. Ojo (d) Dr. Sokefun E.A. 2. Law is asserted as a body of rules and regulations that govern human activities or human behaviour in a society and if flouted, appropriate sanctions will be meted on the culprit. Who is the philosopher? (a) L.B. Curzon (b) Dr. Adejumo (c) W.A.O. Meigbope (d) Professor Aize Obayan 3. Examine these statements and confirm the validity of one or all of them (a) Morals emanated from law (b) Morals and Equity emanated from law (c) Law emanated from moral prescriptions (d) None of the above 4. The dividing line between Rules of Law and a moral code is (a) Not a strong one (b) A strong one (c) Law and morals have much in common (d) a & c 5. Law could be used to check barbaric practices and bad behaviours in modern societies as seen in (a) Odua Progressive Congress (b) Osu Caste system of former Eastern Nigeria (c) Igbo Community development (d) Eyo Lagos heritage 6. Moral rules exclude the following viz: (a) Respect for elders (b) Gossips about elders (c) To exploit weak (d) b and c above 7. There are some convergence between Law and Morals since they both condemn and sanction (a) Stealing (b) Murder (c) Rape and sodomy (d) All of the above and many more criminal acts 8. The decided cases buttressing Rules of Law and Moral Codes which make them work together to fashion a standard of conduct for members of society are (a) Mojekwu v. Mojekwu (1999) 7NWLR pt 512 (b) Mojekwu v. Ejikeme (2000) 5 NWLR 3 (c) Meigbope v. Meigbope (2014) 5 NWLR pg 360 pt 412 (d) a and b above 9. A Locus classicus case means (a) A leading authority (b) A useless authority (c) Non existence authority (d) Nigerian Populace authority 10. One of the sources of Nigerian Law is the English law and this is (a) Extended English law and Received English Law (b) English Common Law Rules and Doctrines of Equity (c) Statute of General Application (d) All of the above 11. Nigerian Legislation is (a) The constitution, which is the Supreme Law of this country (b) Acts, that is the Enforcements of the National Assembly and Laws Enacted by various Houses of Assembly (c) Bye Laws by local Government, Ordinances, Decrees and Edicts (d) All of the above 12. Additional sources of our Law (a) Law reports (b) Statute Books (c) Historical source of law (d) Options a, b & c 13. Ratio Decidendi is (a) A reason behind a decision (b) A reason after a decision (c) A reason not in conformity with a decision (d) All of the above 14. The current constitution of the federal Republic of Nigeria came into force since (a) 1960 (b) 1960 through 1979 (c) 1960 through 1989 (d) 1999 15. Examine the validity of this assertion: You cannot build something on Nothing. It will not stand. Also, legality cannot be built or subsumed inside illegality (a) This statement is partly correct and partly false (b) It is either void or can be made voidable (c) it is a valid statement or assertion in law (d) It is not known to Law 16. Constitution of the Federal Republic of Nigeria 1999 is (a) Written and Authotonous (b) Partly written and partly oral (c) Any law that is in consistent with the provision of the constitution is null and void to the extent of its inconsistencies (d) combination of A & C 17. In our Nigerian Legal system, appeal comes from (a) Federal High Court to the Magistrate Court (b) Supreme Court to the Court of Appeal and to the Area Courts or Customary Courts (c) Magistrate and District Courts to Court of Appeal and Supreme Court (d) Area Courts or Customary Courts to the Magistrate and District Courts to the Federal High Court or State High Court to the Court of Appeal and to the Supreme Court 18. Obiter Dictum – refers (a) To a statement not made by a Judge while delivering his judgement (b) A statement not made by a judge and represents the reason for the decision and therefore is the Law (c) A statement by a judge while delivering his judgement but which does not represent the reason for the decision and so is not the law (d) None of the above 19. As future industrial Relations and Public Administration graduates; what is the objective of studying introduction and principles of law (a) To make me a lawyer (b) To appreciate law (c) To be abreast with the legal frame work (concepts, theory and practice) in business environs worldwide (d) Strictly speaking Introduction and principle of law has no relevance to my field of study 20. Who among the followings is the current introduction and principles of law lecturer (a) Adeyemi Oluwole (b) W.A.O. Meigbope (c) Ese Malemi (d) Olumide Fatogun 21. In the recent study of Principles of Law in this university, I am able to appreciate that law is (a) Both Art and science (b) An Art (c) A Science (d) Art or science and not both 22. The name of the writer of the book captioned “The Nigerian Legal System” Text And Cases is (a) Dr. Ola Ogundara (b) Adeyemi Olumide (c) Ese Malemi (d) None of the above 23. The office of the chief Justice of the federation has been declared vacant. Mr. President to appoint a person to fill the vacancy. (a) up lift the oldest lawyer in Nigeria (b) Upgrade the most senior lawyer in the country (c) Appoint the next in rank to him at the Supreme Court (d) Appoint the solicitor general of the federation 24. Equity was developed as a result of (a) Fulfilment of all laws (b) Short comings of common law of England and described as a gloss on it (c) To support Nigeria legal system from collapsing (d) None of the above 25. Numerous perceived advantages of the doctrine of stare decisis amongst which are (a) Inefficiency (b) Inflexibility (c) Consistency, certainty, efficiency and flexibility (d) None of the above 26. Mention which of the following is not a disadvantage of case law (a) Uncertainty (b) Fixity and Bias (c) Unconstitutionality and Reform (d) Constitutionality and Certainty 27. Separation of Powers was first advocated by (a) Locke (b) Montesquieu (c) Hobbe (d) Adam Smith 28. The idea of separation of powers is posited on the existence of 3 (three) distinct functions of government (a) Administrative, constitutional (b) constitutional judiciary (c) Legislative and Judiciary (d) Executive, legislative and judiciary 29. Three basic rules of statutory interpretation are as follows (a) The literal rule, the golden rule, the mischief rule (b) Judicial rule, state High Court Rule, Magistrate Court rule (c) The Mischief rule and The golden rule (d) option [a] is applicable 30. Nigeria became a sovereign state in (a) September 30, 1960 (b) October 1, 1960 (c) December 1, 1960 (d) September 29, 1960 31. Maxim of Equity does not include (a) Delay defeats equity (b) Equity does not act in personam (c) He who seeks equity must do equity (d) Where the equities are equal, the first in term shall prevail 32. A custom can become customary law if it possesses the following features viz: (a) Inflexibility, not general acceptable; largely written (b) Largely written and flexible (c) Flexibility, General Acceptability, Largely unwritten (d) None of the above 33. Validity of customary Law is premised on (a) Repugnancy Test, Incompatibility Test, Public Policy Test (b) Public Policy Test, non Repugnancy Test and Compatibility Test (c) Not known to law (d) Option [a] above 34. Judiciary is (a) The organ of government that is vested with the power or duty to interpret the law in Nigeria (b) The organ of government to declare state of emergency in Nigeria (c) The organ to dismiss the president of a nation, for example Nigeria (d) The organ to arrest Armed Robbers in the country 35. Nigerian Courts are structured into (a) 2 Broad categories; the Superior Courts of records and inferior Courts (b) 3 Broad categories; the Highest Courts of records, middle Courts of records and inferior Courts of records (c) Apex Court of records, middle, subordinate Courts of record (d) Not applicable 36. A case decided per incuriam is (a) A case decided without the normal care of considering existing judicial precedents (b) A case decided without following judicial precedent (c) A case decided based on its peculiar facts, its particular or special circumstances (d) Options a, b and c are applicable 37. How many questions were given to you in the current Assessment Test and how many were you asked to answer, indicating day, date and month (a) 6 questions to answer 4 – Thursday June 15, 2017 (b) 2 questions to answer 2 – Wednesday June 14, 2017 (c) 3 questions to answer 2 – Wednesday June 21, 2017 (d) I do not know / I cannot remember since I do not like the lecturer 38. Decrees are laws made by (a) State Military Government (b) Federal Government (c) Federal Military Government (d) National Assembly 39. The hierarchy or the superiority of laws in Nigeria is as follows: (a) Laws of state Houses of Assembly, Acts of the National Assembly, Bye-laws of Local Government Councils and Subsidiary legislations made by Public authorities and agencies (b) Acts of the National Assembly and the Constitution (c) Bye-laws of Local Government Council and Laws of State House of Assembly 40. Which of the followings are not applicable during Military Rule (a) There is democracy (b) There is rule of law (c) Rule by decrees and Edicts (d) Options a and b 41. During military rule, (a) The ruling military council is the sovereign and supreme body (b) The sole authority in the country (c) All government powers resides in and flows from it (d) Options a, b and c are applicable 42. The first decree of the ruling military council is (a) Constitution [amendment and elimination] (b) Constitution [suspension and modification] (c) Constitution [elimination and modification] (d) Constitution [abandonment and restructuring] 43. During military rule, the conflicts situations are often between (a) Edict and State Law and Act (b) Decree and Act; Constitution and Edict (c) Constitution and Decree, Constitution and Edict, Decree and Act; Decree and Edict; Act and Edict; and Edict and State Law (d) Options a and b 44. In a military dispensation, (a) Constitution is supreme law in Nigeria (b) The constitution as suspended and modified is inferior and subject to decrees (c) Decrees are inferior to the constitution (d) Options a and c 45. The main rules of interpretation of statutes are (a) State rules, Mountain Top rules and Caleb rules (b) Literal rule, Golden rule and Mischief rule (c) Various Religious rule and belief system rule (d) Options a and c 46. Ejusdem Generis Rule means (a) Of the same kind or nature (b) Of multi various kinds and features (c) Numerous features or characteristics (d) All of the above 47. Supreme Court is duly constituted if it consists of not less than (a) 4 Justices of the Court and maximum 6 (b) 3 Justices of the Court and maximum 5 (c) 5 Justices of the Court and maximum 7 (d) All of the above 48. At the Supreme Court: (a) Appeal shall lie to any other body or person from the determination of the Court (b) Multi various Appeal shall lie to any other body or person from the determination of the Court (c) All Appeals shall lie to any other body or person from any determination (d) No Appeal shall lie to any other body or person from any determination of the Supreme Court 49. Federal High Court of Nigeria has been given exclusive authority and powers to adjudicate on matters concerning Revenue, Taxation and Companies And Allied Matter Act 1990 interalia by virtue of Section (a) 349 (b) 259 (c) 251 (d) 269 50. Audi Alteram Patem means (a) Hear both sides or the various sides in a dispute before reaching a decision or judgment (b) Hear one side in a dispute before reaching a decision or judgment (c) Hear the plaintiff in a dispute before reaching a decision or judgment (d) Hear the defendant in a dispute before reaching a decision or judgment 51. The Nigeria Police force is established for (a) Both Criminal and Civil matters and others (b) Only criminal matters vis-à-vis to Courts of competent jurisdictions (c) All matters depending on the status of the station (d) All of the above 52. Interalia means (a) Among others (b) Many others (c) Limited others (d) Option [a] only 53. It suffices it to say (a) That is to say (b) Not to say (c) Is good to say (d) say it 54. The main remedy of common law for a successful litigant was damages which is the payment of monetary compensation; other remedies lacking by the Court are (a) Specific performance (b) Injunction, subpoena (c) Rescission, Estoppel and Tracing (d) All of the above 55. For a custom to be accepted as valid and obligatory in any community, it must pass the validity test such as (a) Natural Justice and equity (b) Good conscience and public policy (c) Nor incompatible directly or indirectly with any law for the time being in force (d) All must be present and applicable 56. The English Law which was received for application in Nigeria is made up of kinds of laws. There are (a) The Common Law of England (b) The Common Law of Nigeria (c) Equity and Statutes of general application in force in England on January 1, 1900 (d) Options a, b and c are correct 57. Municipal Law means the laws made by (a) Town, city, village or local government or other agency (b) Multivaried combination of country (c) Options a and b (c) Option a only 58. Public laws include the followings (a) Constitutional law, administrative law, criminal procedure law, civil procedure law, mass media law, law of evidence and international law (b) Does not include all but constitutional law (c) Mass media law and law of evidence are not inclusive (d) All of the above are inclusive 59. Equity means (a) fairness, just or natural justice; moral rightness and good (b) Fairness only (c) Moral rightness and good (d) Contains all of the above 60. Civil law denotes (a) Private and public (b) Criminal law (c) All laws excluding criminal law, military law and martial or emergency law are civil laws (d) None of the above 61. Unwritten law includes (a) The common law of England only (b) The common law of England, Customary law in Nigeria (c) Judicial precedents or case law, that is principles and rules of law as established by Courts in judicial proceedings (d) It has nothing to do with the aforesaid 62. Public International Law denotes (a) Trade and economic activities (b) Postal matters and telecommunication (c) Civil aviation Law of the sea; including maritime law; war; Human Rights and Diplomatic relations interalia (d) All of the above 63. Primary laws or parents laws denote (a) Laws actually made by parliament or the legislature (b) Acts of parliament inclusive of the laws of the federation of Nigeria 1990 (c) Excluding the subsidiary legislations made pursuant thereto (d) All of the above 64. A person shall be qualified to hold the office of Chief Justice of Nigeria or of a justice of the Supreme Court unless he is (a) qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than 15 years (b) ditto 20 years (c) ditto 25 years (d) ditto 30 years 65. A person shall not be qualified to hold the office of a justice of the Court of Appeal unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than (a) 20 years (b) 22 years (c) 12 years (d) 18 years 66. A person shall not be qualified to hold the office of Chief Judge or a judge of the federal High Court unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than (a) 17 years (b) 10 years (c) 15 years (d) 20 years 67. A person shall not be qualified to hold office of a judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than (a) 20 years (b) 18 years (c) 15 years (d) 10 years 68. A person shall not be qualified to hold office of a president or of a judge of a Customary Court of Appeal of a state unless, he is a legal practitioner in Nigeria and he has been so qualified for a period of not less than (a) 10 years (b) 22 years (c) 12 years (d) 14 years 69. A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a state unless he is a legal practitioner in Nigeria and has been so qualified for a period of not less than (a) 25 years (b) 20 years (c) 18 years (d) 10 years 70. A person shall not be qualified to hold office as a Grand Kadi of the Sharia Court of Appeal of a State unless he is a legal practitioner in Nigeria and has been so qualified for a period of not less than (a) 12 years (b) 10 years (c) 15 years (d) 20 years

MOUNTAIN TOP UNIVERSITY COLLEGE OF HUMANITIES, MANAGEMENT AND SOCIAL SCIENCES DEPARTMENT OF BUSINESS ADMINISTRATION INDUSTRIAL RELATIONS AND PERSONNEL MANAGEMENT/ PUBLIC ADMINISTRATION PROGRAMMES SECOND SEMESTER EXAMINATION 2016/2017 SESSION

MARKING SCHEME COURSE TITLE: INTRODUCTION / PRINCIPLES OF LAW - 3 UNITS (R) COURSE CODE: IPM 106 AND PAD 104

1. A 25. C 49. C 2. C 26. D 50. A 3. C 27. A 51. B 4. D 28. D 52. A 5. B 29. A 53. A 6. D 30. B 54. D 7. D 31. B 55. D 8. D 32. C 56. D 9. A 33. A 57. A 10. D 34. A 58. D 11. D 35. A 59. D 12. D 36. D 60. C 13. A 37. B 61. C 14. D 38. C 62. D 15. C 39. D 63. D 16. D 40. D 64. A 17. D 41. D 65. C 18. C 42. B 66. B 19. C 43. C 67. D 20. B 44. B 68. A 21. A 45. B 69. D 22. C 46. A 70. B 23. C 47. C 71. 24. B 48. D 72. 73.