Q. 1 - Who has made a distinction between 'Law Properly So-called and 'Law Improperly So-called?
[A] Jeremy Bentham
[B] G.W. Paton
[C] John Austin
[D] Oliver Wendell Holmes
[read more] Correct Answer is option - A. Jeremy Bentham has made a distinction between "Law Properly So-called" and "Law Improperly So-called." [/read]
Q. 2 - The Law means-
[A] A particular law
[B] The entire body of rules in a State
[C] The rules of morality
[D] The rules of natural justice
[read more] Correct Answer is option - [B] The entire body of rules in a State [/read]
Q. 3 - Who categorized the subject of Jurisprudence as Expositorial Jurisprudence and Censorial Jurisprudence ?
[A] Holland
[B] Bentham
[C] Paton
[D] Kelsen
[read more] Correct Answer is option - [B] Bentham [/read]
Q. 4 - Analytical, Historical and Ethical jurispurdence are three different parts of Jurisprudence according to -
[A] Salmond
[B] Ihring
[C] H.L.A Hart
[D] Immanual Kant
[read more] Correct Answer is option -[A] Salmond [/read]
Q. 5 -Who described Jurisprudence as Lawyer's extroversion ?
[A] Savigny
[B] Buckland
[C] Salmond
[D] Julius Stone
[read more] Correct Answer is option -[D] Julius Stone [/read]
Q. 6 - Who has written a book titled 'Jurisprudence' ?
[A] Dias
[B] J. Ahmedi
[C] J. Krishna Iyer
[D] None of the above
[read more] Correct Answer is option - [A] Dias has written a book titled 'Jurisprudence." [/read]
Q. 7 - Which one of the following thinkers called Jurisprudence as the "Philosophy of Positive Law"?
[A] Salmond
[B] HLA Hart
[C] Roscoe Pound
[D] John Austin
[read more] Correct Answer is option - [D] John Austin [/read]
Q. 8 - Who of the following author is said as father of English Jurisprudence ?
[A] Salmond
[B] Bentham
[C] Austin
[D] Roscoe Pound
[read more] Correct Answer is option - [C] Austin [/read]
Q. 9 - In the dark age, natural law was given a new interpretation by-
[A] St. Augustine
[B] Thomas Acquinas
[C] Paul
[D] Ulpion
[read more] Correct Answer is option - [B] Thomas Acquinas [/read]
Q. 10 - The concept of Austin's Soverignty is influenced by the ideologies of which of the following persons?
[A] Hobbs
[B] Locke
[C] Rousseau
[D] Montesque
[read more] Correct Answer is option -
[A] Hobbs The concept of Austin's Soverignty is influenced by the ideologies of Hobbs. Propounder of Analytical School of Jurisprudence John Austin has based his theory of sovereignty on the thoughts of Hobbs and expressed that, "if a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience from a bulk, or a given society, that determine superior is sovrign in that society."
[/read]
Q. 11 - "Law should continue to support minimum morality." pleaded by-
[A] Lord Devlin
[B] Lord Devlin
[C] Hart
[D] Dwarkin
[read more] Correct Answer is option -
[A] Lord Devlin while criticizing concept of law as propounded by H.L.A. Hart has pleaded that "Law should continue to support minimum morality."
[/read]
Q. 12. According to whom, "The matter of jurisprudence is positive law, law simply and strictly so called or law set by political superior to political inferior" ?
A. Allen
B. Austin
C. Buckland
D. Bentham
[read more] Answer - B Austin [/read]
1. Jurisprudence is the study of ___________ law.
(a). Religious
(b). Moral
(c). Ethical
(d). Positive
(e). None of above
[read more] Answer: (d). Positive [/read]
2. Cicero was a _________ jurist.
(a). Greek
(b). Roman
(c). Chinese
(d). English
(e). None of above
[read more]Answer: (b). Roman [/read]
3. ___________ has presented the thesis that jurisprudence is a social engineering.
(a). Black Stone
(d). Jeremy Bentham
(c). John Stuart Mill
(d). Roscoe Pound
(e). None of above
[read more]Answer: (d). Roscoe Pound [/read]
4. According to John Austin the subject-matter of Jurisprudence is ______ law.
(a). Positive
(b). Negative
(c). Both €a• and €b•
(d). Metaphysical
(e). None of above
[read more]Answer: (a). Positive [/read]
5. Legal Realism is the theory of law according to which €law is the _______ of court.
(a). Wisdom
(b). Understanding
(c). Practice
(d). weapon
(e). None of above
[read more]Answer: (c). Practice [/read]
6. The fair and _________ distribution of rights and obligations, is known as justice.
(a). equal
(b). equitable
(c). natural
(d). political
(e). None of above
[read more]Answer: (b). Equitable [/read]
7 Probation is a _________ of the Administration of Criminal Justice.
(a). Kind
(b). Type
(c). Characteristic
(d). Component
(e). None of above
[read more]Answer: (d). Component [/read]
8. ___________ states that all the actions of human beings are controlled by two
sovereigns, namely €pain• and €pleasure•
(a). Hedonism
(b). Utilitarianism
(c). Realism
(d). Formalism
(e). None of above
[read more]Answer: (a). Hedonism [/read]
9. The theory of Utility was propounded by ___________.
(a). Roscoe Pound
(b). Jeremy Bentham
(c). Henry Maine
(d). Rawls
(e). None of above
[read more]Answer: (b). Jeremy Bentham [/read]
10. The sources of law were classified by _______ and ________.
(a). Salmond/Keeton
(b). Salmond/Austin
(c). Keeton/Austin
(d). Hobbes/Holland
(e). None of above
[read more]Answer: (a). Salmond/Keeton [/read]
11. Legislation is derived from two Latin terms, legis which means ________ and latum
which means __________.
(a). Leg/Legs
(b). Law/to make
(c). Low/price
(d). Rule/Random
(e). None of above
[read more]Answer: (b). Law/to make [/read]
12. Delegated legislation is a ____________ legislation.
(a). Supreme
(b). Superb
(c). Kind
(d). Proper
(e). None of above
[read more]Answer: (e). None of above [/read]
Note: Option €c• appears to be correct but it is not the correct answer as if inserted in the
blank space it cannot make a meaningful sentence. See for example: Delegated
legislation is a kind legislation. This sentence would mean that delegated legislation is
anicer or gentle legislation. Which would obviously be a wrong selection. Therefore,
the only option is •. [/read]
13. ___________ is a source of law.
(a). Media
(b). Internet
(c). Religion
(d). Precedent
(e). None of above
[read more]Answer: (d). Precedent [/read]
14. Summa Theologica is a(n) ________ written by _________.
(a). Report/Hobbes
(b). Article/Aristotle
(c). Book/Thomas Aquinas
(d). Book/ Saint Joseph
(e). None of above
[read more]Answer: (c). Book/Thomas Aquinas [/read]
15. The book Leviathan was written by _________.
(a). Grey
(b). Lloyd
(c). Hobbes
(d). Austin
(e). None of above
[read more]Answer: (c). Hobbes [/read]
16. Stare Decisis means the previous judgments shall be _________.
(a). Amended
(b). Replaced
(c). Substituted
(d). Upheld
(e). None of above
[read more]Answer: (d). Upheld [/read]
17. The thing on which the right is to be exercised is known as ________ of right.
(a). Subject
(b). Object
(c). Content
(d). Characteristic
(e). None of above
[read more]Answer: (b). Object [/read]
18. Animus possidendi means ________ to posses
(a). Animal
(b). Power
(c). Desire
(d). Both b and c
(e). None of above
[read more]Answer: (e). None of above [/read]
Note: Animus possidendi means €intention to possess•
19. Ownership is the ________ recognition of a claim.
(a) de jure
(b). de facto
(c). ipso facto
(d). per se
(e). None of above
[read more]Answer: (a). de jure [/read]
20. The term person is derived from Latin term persona which means _______.
(a). Human being
(b). Living thing
(c). Animals
(d). Mask
(e). None of above
[read more]Answer: (d). Mask [/read]
21. John Austin defines jurisprudence as “________ of _______ Law”.
(a). Study/moral
(b). Philosophy/ethical
(c). Philosophy/positive
(d). Science/positive
(e). None of above
[read more]Answer: (c). Philosophy/positive [/read]
22. A good jurist is supposed to have a fair knowledge of ______ for he in jurisprudence is
usually concerned with _______ of human beings.
(a).Chemistry/lives
(b). Astronomy/fate
(c). Ethics/earnings
(d). Psychology/state of mind
(e). None of above
[read more]Answer: (d). Psychology/state of mind [/read]
23. Aristotle was _____ philosopher
(a) Egyptian
(b) Chinese
(c) English
(d) Arab
(e) None of above
[read more]Answer: (e). None of above [/read]
24. The book Summa Theologica was written by _________.
(a). Plato
(b). St. Thomas Aquinas
(c). Hugo Grotius
(d). Keeton
(e). None of above
[read more]Answer: (b). St. Thomas Aquinas [/read]
25. _______ Theory is stressing that €law is the practice of Courts•.
(a). Legal Realism
(b). Natural Law
(c). Normative
(d). Command
(e). None of above
[read more]Answer: (a). Legal Realism [/read]
26. The physical force of the state behind law is called as ________.
(a). Governance
(b). Army
(c). Public Order
(d). Sanction
(e). None of above
[read more]Answer: (d). Sanction [/read]
27. Systematic arrangement of rules in a single document concerning a particular subject
in a way as to avoid inconsistency and overlapping. The process is known as ______.
(a). Legislation
(b). Codification
(c). Prescription
(d). Administration
(e). None of above
[read more]Answer: (b). Codification [/read]
28. The book “Jurisprudence or Theory of the Law”, awarded with Swiney Gold Cup in
1914 by Royal Society of Arts, was written by __________.
(a). Salmond
(b). Austin
(c). H.L.A. Hart
(d). Hobbes
(e). None of above
[read more]Answer: (a). Salmond [/read]
29. ______ is component of Administration of Criminal Justice.
(a). Bureaucracy
(b). President
(c). Media
(d). Both €a• and €c•
(e). None of above
[read more]Answer: (e). None of above [/read]
30. A title which destroys the right is called as ______ title.
(a). Vanishing
(b). Extinctive
(c). Original
(d). Investitive
(e). None of above
[read more]Answer: (b). Extinctive [/read]
31. Lex Externa is the ordinance of:
(a). Devine wisdom of universal governance
(b). Theory of jurisprudence
(c). A school of thought
(d). None of above
[read more]Answer: (a) Devine wisdom of universal governance [/read]
32. Legal Realism was analyzed in United State by:
(a). Salmond
(b). Holmes
(c). Austin
(d). Grotius
[read more]Answer: (b). Holmes [/read]
33. Discordance between law and fact may arise because:
(a). Presumptio juris or presumption of law
(b). Reputable (Rebuttable) Presumption and Conclusive Presumption
(c). Fictio Juris or fiction of law
(d). All of the above
[read more]Answer: (c). Fictio juris or fiction of law. [/read]
Reason: Fiction of law or legal fiction is a devise through which law is believing in
existence of something which does not exist in fact. For example law believes that
adopted son is the real son of the adopting parents, whereas, in fact, it is not true. The
adopting parents only adopted that child and they didnot beget him in reality. Hence,
fiction creates a discordance between law and fact.
34. The theories of punishment are:
(a). 2 in number
(b). 3 in number
(c). 4 in number
(d). 5 in number
[read more]Answer: (d). 5
Note: The five theories of punishment are: 1. Punitive, 2. Retributive, 3. Deterrence,
4. Reformative and 5. Compensatory [/read]
35. Codification is a process of transformation of corpus juris into:
(a). Precedent
(b). Executed Law
(c). Enacted Law
(d). None of the above
[read more]Answer: (c). Enacted Law [/read]
36. A libel upon a dead man shall be punishment to defend the right of:
(a). The dead man
(b). Dead man•s property
(c). Descendants of dead man
(d). All of the above
[read more]Answer: (c). Descendants of dead man [/read]
37. An unborn child has a legal status so far as:
(a). Duties on him
(b). Rights of unborn child
(c). Defamation of unborn child
(d). None of the above
[read more]Answer: (b). Rights of unborn child [/read]
38. Divestitive facts can be:
(a). Derivative titles
(b). Alienative facts
(c). Extinctive facts
(d). A&B
[read more]Answer: (c). Extinctive [/read]
39. Injuria sine damna means:
(a). Injury to a legal right with an actual damage
(b). Injury to a legal right without an actual damage
(c). No injury to a legal right with an actual damage
(d). No injury to a legal right without an actual damage
[read more]Answer: (b). Injury to a legal right without an actual damage [/read]
40. An intention is:
(a). The purpose of doing an act
(b). The objective of doing an act
(c). The ill-will of doing an act
(d). All of the above
[read more]Answer: (d). All of the above
Reason: Intention is in fact a state of mind a particular person at a specified moment.
Hence, all of the above shows the state of mind a person which may be negative as well
as positive. [/read]
41. _______ hold that jurisprudence is the study of law as it is.
(a). Moralists
(b). Naturalists
(c). Positivists
(d). Realists
(e). Analysts
[read more]Answer: (c). Positivists [/read]
42. According to naturalists law is the dictates of:
(a). Rules
(b). Heart
(c). Reason
(d). Time
(e). Sovereign
[read more]Answer: (c). Reason [/read]
43. Declaration of right is a __________ function of _________ Courts.
(a). Primary/Criminal
(b). Secondary/Revenue
(c). Primary/High
(d). Secondary/Family
(e). Primary/Civil
[read more]Answer: There is no right answer to this objective. This is a faulty question.
Reason: The purpose of Criminal Court is to punish the wrong doer, of Revenue Court
is to decide upon the matters relating to revenue, of Family Court is to decide the matters
relating to family. High Court is both original and appellate Court both in criminal and
civil matters. It is CivilCourt which is having two functions, i.e. primary and secondary.
The primary function ofcivil court is to administer thecivil rights in a society. Whereas,
additional functions known as secondary functions have also been entrusted to civil
courts which include declaration of rights, administration of properties etc. Therefore,
there is no option above as to this fact (secondary/civil). Hence, this question is faulty. [/read]
44. Legislation is a _______ source of law.
(a). Historical
(b). Legal
(c). Comprehensive
(d). Natural
(e). Beneficial
[read more]Answer: (b). Legal [/read]
45. Obiter dicta means saying ________.
(b). by the way
(c). Rationally
(d). Wrongly
(e). None of these
[read more]Answer: (b). by the way [/read]
46. According to analysts, jurisprudence is the study of:
(a). Ideal law
(b). Concrete law
(c). International law
(d). Positive law
[read more]Answer: (d). Positive law [/read]
47. The kind of jurisprudence which deals with the law as it ought to be is known as:
(a). Analytical jurisprudence
(b). Historical Jurisprudence
(c). Ethical Jurisprudence
(d). None of above
[read more]Answer: (c). Ethical [/read]
48. The chief exponent of Command Theory of Law was:
(a). Salmond
(b). Austin
(c). Holland
(d). Paton
[read more]Answer: (b). Austin [/read]
49. The custom which itself possesses the force of law is called:
(a). Legal custom
(b). Conventional custom
(c). Local custom
(d). None of these
[read more]Answer: (a). Legal custom [/read]
50. The liability in which the sole intention of the law is to enforce the plaintiff•s right and
not to punish the wrong-doer is known as:
(a). Constructive liability
(b). Penal liability
(c). Equitable liability
(d). Remedial liability
[read more]Answer: (d). Remedial liability [/read]
51. Jurisprudence is derived from the word jurisprudentia, which is:
(a). German word
(b). Latin word
(c). Greek word
(d). Russian word
[read more]Answer: (b). Latin [/read]
52. Particular jurisprudence is the science which examine:
(a). Actual and single system of law
(b). Actual and double system of law
(c). Actual and common system of law
(d). None of these
[read more]Answer: (a). Actual and single system of law [/read]
53. Particular jurisprudence is the science which examine
(a). On the element of fear in the obedience of law
(b). On the element of dear in the ignorance of law
(c). On the evasion of law
(d). None of these
[read more]Answer: (d) None of these [/read]
54. Court deals with:
(a). Question of law
(b). Question of fact
(c). Mixed factor of question of law and fact
(d). All above
[read more]Answer: (d). All above [/read]
55. Natural law means:
(a). Principles of common law
(b). principles of constitutional law
(c). Principles of municipal law
(d). Principles of natural justice
[read more]Answer: (d). Principles of natural justice [/read]
56. Administration of justice does not follow:
(a). Justice
(b). Fair play
(c). Equity
(d). Technicalities of law
[read more]Answer: Faulty question. [/read]
Reason: The first three choices could not be the right options as administration of justice
do follow justice, fair playand equity. Whereas, the last option seems the right choice
at the first sight, however, it is also not matching the statement as Administration of
justice is itself a technicality being set out in procedural law. Hence, the correct
statement would have been justice does not follow: and then correct choice would be the
technicalities of law. As justice demands that technicality should hinder the distribution
of justice. [/read]
57. Equity was originally:
(a). Extension to common law
(b). Extension to statutes
(c). Revolt of common law
(d). Amendment and modification of common law
[read more]Answer: Faulty question.
Reason: Equity was neither an extension to common law nor to statutes. Furthermore,
it was neither a revolt nor an amendment ofcommon law. In fact equity was a parallel
system of justice to common law which was supplementing it andwas filling the gaps if
existed in it. [/read]
58. Title is de facto antecedent of which the right is the:
(a). De jure consequent
(b). De jure precedent
(c). De jure antecedent
(d). None of these
[read more]Answer: (a). De jure Consequent [/read]
59. Mistake of fact is:
(a). Not an excuse
(b). A good excuse
(c). Mistake of law
(d). None of these
[read more]Answer: (a). Not an excuse [/read]
60. Customs which have the force of law are:
(a). Legal custom and conventional customs
(b). Legal custom and constitutional customs
(c). Legal custom and racial customs
(d). Legal custom and material customs
[read more]Answer: (a). Legal custom and conventional custom [/read]
61. John Austin belongs to Imperative School of Thought (True/False)
Answer: TRUE
62. Legal right is an interest protected both by law and morality. (True/False)
Answer: FALSE
Right Statement: Legal right as shown from its terminology is a right protected by law
not by morality.
63. The word €person• has been derived from the Latin word persecute. (True/False)
Answer: FALSE
Right Statement: The word Person has been derived from the Latin word persona
which literally means €mask•.
64. Every decision of the Supreme Court of Pakistan is persuasive precedent for every
Court in Quetta. (True/False)
Answer: FALSE
Right Statement: Every decision of Supreme Court of Pakistan is Authoritative
Precedent for every Court in Quetta.
65. The possession of a thing through another person is called mediate possession.
(True/False)
Answer: TRUE
66. Jurisprudence is the study of law in concrete sense. (True/False)
Answer: FALSE
Right Statement: Jurisprudence is the study of law in abstract sense
67. Reformative theory implies the concept that, €hate the sin but not the sinner.
(True/False)
Answer: TRUE
68. The common law doctrine of legislation is known as €stare decisis•. (True/False)
Answer: FALSE
Right Statement: The common law doctrine of Precedent is known as €stare decisis•
69. Human beings are natural persons. (True/False)
Answer: TRUE
70. According to naturalists law is the dictates of reasons. (True/False)
Answer: TRUE
71. General order issued by a political superior to political inferior.
Answer: COMMAND
72. Avoid pain and gain pleasure
Answer: HEDONISM
73. Saying by the way
Answer: OBITER DICTA
74. Intention or desire to possess
Answer: ANIMUS POSSIDENDI
75. Greatest happiness for the greatest number of people
Answer: UTILITARIANISM
76. Equal distribution of rights and duties among the members of the society
Answer: JUSTICE
77. Law is the Command of Sovereign enforceable by a Sanction
Answer: COMMAND THEORY OF LAW
78. Reason for the decision
Answer: RATION DECENDENDI
79. The relation between a person and a thing which he possesses.
Answer: CORPUS POSSIONIS
80. The study of law as it ought to be.
Answer: CENSORIAL JURISPRUDENCE
1.) The Natural Law School, as propounded by Salmon, claims that positive law derives its standard from
A.) Consensus
B.) An objective norm that has to be followed in the interest of order in society
C.) Superior moral standards
D.) Command of the sovereign
E.) None of the above
[read more] Answer is - D [/read]
2.) According to Ronald Dworkin, what is indispensible in order to interpret and apply laws?
A.) legal authority
B.) introduction of moral judgments
C.) a body of judges who are capable of keeping personal value judgments out of reach of laws
D.) a robust system of courts
E.) Both (c) and (d)
[read more] Answer B [/read]
3.) Ronald Dworkin’s ‘Original Problem’, based on Riggs v. Palmer, 115 NY 506, is used to illustrate the principle that Law is not merely a system of Rules but there are also ‘principles, policies and other sort of standards’ that govern the legal system. What was the case scenario in Riggs v. Palmer?
A.) the judge trying the case was himself a witness
B.) a man sued his father who struck him in self defense when the former attempted to kill him
C.) a defamation suit was filed by a man who knew the aspersions against him were true
D.) a man sought to sell the property of the person he killed
E.) none of the above
[read more] Answer D [/read]
4.) Legal Positivism directly clashes with which theory?
A.) Normative Jurisprudence
B.) natural law theory
C.) Legal Realism
D.) Constructivist theory
E.) None of the above; they are all compatible
[read more] Answer B [/read]
5.) Who among the following scholars is not a proponent of Legal Positivism?
A.) Ronald Dworkin
B.) John Austin
C.) Joseph Raz
D.) H. L. A. Hart
E.) None of the above
[read more] Answer A [/read]
6.) What is the fundamental problem in finding an analogy of Austin’s political sovereign in India’s Constitution?
A.) Austin’s sovereign cannot be identified
B.) Austin’s political sovereign it turn, does not himself habitually obey some other person or persons
C.) Austin’s concept is radically flawed
D.) ‘We, the people’ as a political sovereign is too diffuse a body to locate sovereignty with certainty.
E.) both (b) and (d)
[read more] Answer E [/read]
7.) Since Hart asserts that there is ‘no necessary connection between law and morality’, what then, is the difference between Hart’s Inclusive Legal Positivism and Exclusive Legal Positivism?
A.) Inclusive Legal Positivism does not completely discount the possibility of interface between law and morality
B.) There’s no difference as such between the two
C.) The former rejects conventional morality while the latter rejects critical morality
D.) The former rejects critical morality while the latter rejects conventional morality
E.) Both c and d are true
[read more] Answer A [/read]
8.) The functional approach to understanding Law is best explained as:
A.) A key to morality of law
B.) an evolution of the society by social and economic circumstances
C.) Divine infallibility of the law-maker
D.) a code of conduct that man has devised
E.) None of the above
[read more] Answer B [/read]
9.) One way to grapple with the problem of conflicting claims over limited resources according to Amartya Sen would be:
A.) Adopt socialism
B.) The communist approach to distribution
C.) Ensure justice is served irrespective of means
D.) Replace ‘obsession with justice’ with an aim of reducing Injustice
E.) All of the above
[read more] Answer D [/read]
10.) Harm Principle would be:
A.) a rider on the liberty of persons can only be justified to avoid harm to a larger segment of persons
B.) a tenet that harm should be avoided at all costs
C.) that individual cannot be harmed even if it causes society to suffer harm
D.) that injustice is harmful to the society
E.) none of the above
[read more] Answer A [/read]
Answer
1.) D 2.) B 3.) D 4.) B 5.) A 6.) E 7.) A 8.) B 9.) D 10.) A
11.) Which of the following scholars and the theories they endorse is matched wrongly?
A.) Dworkin – Law is not merely a system of rules
B.) Hart- There are liberties which override ordinary considerations of utility.
C.) Hart- There are liberties which override ordinary considerations of utility.
D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it
E.) None of the above
[read more] Answer: (E) [/read]
12.) Who among the following is not an analytical positivist?
A.) Jeremy Bentham
B.) John Austin
C.) Hans Kelsen
D.) H. L. A. Hart
E.) None of them are analytical positivists
13.) 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
14.) What is the problem with defining ‘Law’ as a ‘Command’?
A.) Nothing, law can be so defined
B.) Obligations are sometimes entered into voluntarily by parties and the Law does not mandate them to do so
C.) Command has to be obeyed, unlike law
D.) Law has a lower threshold of expectation than command
15.) Illustration: People who act contrary to rules ought to be liable for punishment. Principle: Austin said, “[t]he existence of law is one thing; its merit or demerit is another. Question: What then, gives a rule the force of Law?
A.) The idea of a sanction is built into the very notion of law
B.) Its rigidity
C.) Considerations of utility and efficient management of resources that Law contemplates
D.) Its incorporation of temporal moral value
E.) All of the above
16.) The significance of the classification as ‘primary’ and ‘secondary’ rules indicates that secondary rules ………………..
A.) are subservient to Primary rules
B.) cannot exist without Primary rules
C.) can never become law.
D.) are unimportant and can be applied in an unorthodox manner
E.) none of the above
17.) Which is correct?.
A.) A.19(1)(a) that denies the State the power to take away an individual’s liberty such as freedom of speech and expression.
B.) A. 19(1) that provides the ‘reasonable restrictions’ of ‘public order, decency and morality’
C.) A. 21
D.) A. 14
E.) All of the above
18.) Identify the wrongly matched source/origin of law:
A.) Devlin – Reliance upon marriage laws to prove his theory
B.) Joseph Raz – Exclusive legal positivism
C.) Andrei Marmor – Exclusive legal positivism
D.) eremy Bentham – Functional approach to law
E.) None of the above
19.) Identify the stage of law that is not a part of Maine’s comparative and anthropological approach:
A.) A time when law was made by the commands of a ruler, acting under ‘divine inspiration’
B.) Where such commands gain wider currency as customary law
C.) The emergence of a minority, such as priests, who have control of the knowledge and administration of customary law
D.) The promulgation of law as a code
E.) None of the above
20.) Principle of Liberty and Difference Principle, mentioned in a theory of justice was written by:
A.) Savigny
B.) Austin
C.) John Rawls
D.) Hart
E.) Maine
Answer
11.) E 12.) D 13.) E 14.) B 15.) A 16.) B 17.) A 18.) D 19.) A 20.) C
21.) Illustration: Other Backward Classes (OBCs) have a reservation of 27% in Government Educational Institutions. Question: This is an example of a particular idea of justice. Pick the right one:
A.) Mill’s Harm Principle
B.) Rawls’ Liberty Principle
C.) Rawls’ Difference principle
D.) Fuller’s Inner Morality
E.) None of the above
22.) Illustration: In claiming a seat in an engineering college, for example, there are competing but sometimes equally strong claims. Amartya Sen’s suggestion of a way out of the conundrum is:
A.) survival of the fittest
B.) an across-the-board standard of Merit
C.) Need-based discrimination
D.) Appropriate measure to be identified by examining what reduces all forms of ‘injustice’ the best
E.) auction of seats
23.) Which of the following is an example of Jural Correlatives?
A.) Liberty: Privilege
B.) No right: No claim
C.) a and b are jural correlatives of each other
D.) Harm: Welfare
E.) None of the above
24.) Examples of jural opposites
A.) Right: Claim & No right: No claim
B.) Liberty: Privilege & Duty
C.) Duty & Right: Claim
D.) Both a and b are true
E.) None of the above
25.) Illustration: A Constitution Bench of the Supreme Court held that a Member of Parliament enjoys immunity under Aa.105(2) or 105(3) of the Constitution from being prosecuted for allegations of bribery for the purpose of speaking or giving his vote in Parliament or in any committee thereof.
Question: Keeping Hohfeld’s matrix in mind, examine the Supreme Court’s judgment to be an illustration of:
A.) The presence of ‘immunity’ in the Member of Parliament necessarily implies the absence of ‘liability’ in himself.
B.) Unforeseen eventuality
C.) Presence of ‘immunity’ in Member of Parliament implies the presence of ‘disability’ in the court of law of to prosecute for an offence of bribery
D.) All of the above
E.) Both (a) and (c)
26.) While applying the literal rule of interpretation, it is important to keep in mind the:
A.) language
B.) theme
C.) context
D.) applicability
E.) All of the above
27.) Jurisprudence would be the study of:
A.) what is law
B.) the ‘why’s of law
C.) legal philosophy
D.) all of the above
E.) none of the above
28.) A basic premise of natural law theory is:
A.) existence of objective moral principles
B.) a code of conduct being the essential nature of the universe
C.) no human being is above the Law
D.) all of the above
E.) none of the above
29.) The point of conflict between natural law theorists and positivists is:
A.) there are objectively valid moral propositions
B.) moral propositions constitute a superior law
C.) failure to conform to such a superior law deprives ordinary positive law of all legality
D.) both b) and c)
E.) Their theories are consistent
30.) Following are scholars and their theories. Identify the wrong one:
A.) Thomas Acquinas- rules of positive law that conflict with natural law are invalid
B.) Lon Fuller- any genuine legal system ought to abide by certain moral principles
C.) H. L. A. Hart- the introduction of moral judgements is necessary in order to interpret and apply laws
D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it
E.) Henry Maine- there exist objective moral principles which depend on the essential nature of the universe and which can be discovered by natural reason
Answer
21.) D 22.) D 23.) D 24.) D 25.) A 26.) C 27.) D 28.) D 29.) D 30.) E
31.) les injusta non est lex, or ‘unjust law is no law’ is a necessary consequence of the understanding of which legal theory?
A.) traditional natural law theory
B.) inclusive legal positivism
C.) exclusive legal positivism
D.) historical School of the functional approach to Law
E.) sociological school of the functional approach to Law
32.) The problem with Devlin’s theory is that:
A.) He does not consider that if a minority dissents from the moral code that supposedly binds the entire society together, it would be an appropriate response on the majority’s part to lead by example and resolve to follow the model code in letter and spirit rather than mounting attack on others
B.) society’s moral code is stuck in a time warp
C.) both a) and b)
D.) It overtly stresses on society’s right to interfere with the liberties of an individual
E.) He assumes a critical morality instead of conventional morality
33.) Who among the following is an analytical positivist?
A.) Jeremy Bentham
B.) John Austin
C.) Hans Kelsen
D.) all of the above
E.) none of the above
34.) Following are schools of Law/Scholars and the corresponding source of Law. Identify which is matched wrong:
A.) Natural law- law as the command of a sovereign
B.) Functional approach- law as the result of the evolution of society
C.) Savigny- or common consciousness of people
D.) Salmond- Volksgeist
E.) None of the above
35.) Identify the scholar who describes Law as a tool and a means of harmonising social interests that may be in conflict.
A.) Roscoe Pound
B.) Ronald Dworkin
C.) John Austin
D.) H. L. A. Hart
E.) Devlin
36.) In the case of S.R. Batra v. Smt. Taruna Batra, the daughterin-law petitioned the Supreme Court to declare the house where she was living after marriage as the ‘matrimonial home’. The house in question was owned by the mother-in-law, and not Smt. Taruna Batra’s husband. The Supreme Court held that the rights of Smt. Taruna Batra available under any Indian law could be enforced only against her husband, and not against her father-in-law or mother-in law.
A.) the presence of ‘liberty/privilege’ in mother-in-law implies the presence of ‘no-right/no-claim’ in the daughter-in-law
B.) The presence of ‘liberty/privilege’ in mother-in-law’ necessarily implies the absence of ‘duty’ on behalf of the mother-in-law
C.) The presence of right/claim of daughter-in-law implies presence of duty in mother-in-law
D.) Both a) and b)
E.) None of the above
37.) 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
E.) Such a legislation does not exist; the definition section in the Statute to be interpreted is the only legislative aid to interpretation
38.) 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)
39.) Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was 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)
40.) 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
Answer
31.) A 32.) C 33.) D 34.) D 35.) A 36.) D 37.) A 38.) C 39.) B 40.) D
