JURISPRUDENCE
1. Consider the following:
(i) In France, jurisprudence is called ‘La Philosophie De Droit’
(ii) In Germany jurisprudence is called ‘Rechtsphilosphie’
(iii) In India jurisprudence is called ‘Vidya Shastra’
Choose the correct one
a. All
b. (i) & (ii)
c. (i) & (iii)
d. Only (i)
Answer - b
2. “Jurisprudence was not the first of the social sciences to be born”. It was said by:
a. Wurzel
b. Cicero
c. Pufendorf
d. None
Answer - d
3. Find out the wrong one
a. ‘Justice is what appears just to the reasonable man’ – Lord Wright.
b. ‘No positive law can be unjust’ – Austin.
c. ‘Justice is a reservoir from where the concept of right, duty and equity evolves’ – Blackstone.
d. ‘Society is thinkable without justice’ – Salmond.
Answer - d
4. According to the theory related to origin of state as supported by Jenks, state originated not in families but in _______
a. Horde
b. Kinship
c. Conglomeration
d. All
Ans: a
5. Who holds the view that a proper law is a law in reality, irrespective of the fact that it is moral or immoral?
a. Austin
b. Bentham
c. HLA Hart
d. All the Above
Ans: d
6. T, who is a terrorist and suicide bomber, brainwashed by an extremist terrorist organization, commanded him to kill as many as possible infidels and also to sacrifice his own life in that mission. However, in that mission, T was nabbed by Indian Police and prosecuted in the Court where his guilt got proved. T should be punished on the basis of justification of punishment given under;
a. Detrimental Theory of Punishment
b. Expiatory Theory of Punishment.
c. Preventive Theory of Punishment.
d. Reformative Theory of Punishment.
Ans: c
7. “Law is a Common sense to control and regulate the conduct of human being”. This Definition belongs to:
a. Austin
b. Bentham
c. Roscoe Pound
d. None of the Above
Ans: d
8. Give your answer on the basis of the following:
S: "Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of actions, whether animate or inanimate, rational or irrational. "
R: Law regulates the action of human beings
a. S is correct but R is wrong
b. R is correct but S is wrong
c. Both S and R are not concerned to jurisprudence
d. Both S and R are true
Ans : d
9. Enforcement of the Civil and Political Rights in a given legal system means:
a. Jural correlatives
b. Jural Opposites
c. Administration of Civil Justice
d. Social Engineering
Ans: c
10. Give Your answer on the basis of following statements:
I: “The purpose of state is to maintain peace and order within a particular society. Therefore, the most essential purpose of state is to make life possible.”
II: State and Sovereign are equal
a. Both I and II are correct and II is the proper explanation of I
b. Both I and II are correct but II is not the correct explanation of I
c. Both I and II are incorrect
d. I is incorrect but II is correct.
Ans: b
11. “Jurisprudence is an important part of the law that is based on different hypotheses and interpretations. It allows to understand the Law in more abstract sense”. This statement is:
a. True
b. Partially true
c. False
d. None of the Above
Ans: a
12. The concept of law is depend largely on
a. The social values
b. Accepted norms
c. Behavioral patterns of a particular society at a given time
d. All of the above
Ans- d
13. Which one of the following pairs is not correctly matched?
a. Law properly so-called (in regard to notion of law): Which is distinct from morals?
b. Law improperly so-called (in regard to notion of law): Other laws.
c. Audi alteram partem: Rule of natural justice.
d. Conspectus of justice: Justice denied.
Ans: d
14. Who among the following put international law under positive morality along with the Law of honor and the law of fashion?
a. Austin
b. Allen
c. Salmond
d. Savigny
Ans. A
15. Aristotle’s theory of origin of State is also known as
a. Patriarchal Theory
b. Social Contract Theory
c. Natural Law Theory
d. Marxist Theory
Ans. c
Unit II
16. Who had said that if in any court a rule has been frequently and constantly followed as law, the court must follow these hitherto?
a. Thibaut
b. Salmond
c. Hibbert
d. Keeton
Answer - a
17. Which Law School is of view that Legislations and Customs are merely the source of the Law, but not law in themselves?
a. Analytical Law School
b. Realist Law School
c. Sociological Law School
d. No Law School holds such view
Ans: b
18. “Custom is a rule of conduct which the governed observe spontaneous and not in pursuance of law settled by a political superior.” Who said this?
a. Salmond
b. Keeton
c. Henry Maine
d. None of the Above
Ans: d
19. Austin has totally ignored the custom. The statement is
a. True
b. False
c. Partly correct
d. None of the above
Ans- a
20. Which one is not the type of subordinate legislation:
e. Judicial Legislation
f. Municipal Legislation
g. Corporate Legislation
h. Autonomous Legislation
Ans- c
21. Choose the incorrect one:
a. Ratio Decidendi and Obiter Dicta are different concepts
b. Noscitur a Sociis and Ejusdem Generis are not same concepts
c. Doctrine of Stare Decisis is applicable in India
d. Interpretation and its legislation is the work of courts
Ans: d
22. In the modern state, the best source of law is:
a. Convention
b. Custom
c. Legislation
d. Precedents
Ans. c
23. Who among the following divided the sources of law into formal sources and material sources?
a. Allen
b. Keeton
c. Gray
d. Salmond
Ans. d
24. The importance of ‘custom’ over other sources of law was stressed by the jurists of the:
a. analytical school
b. historical school
c. natural law school
d. none of the above
Ans. b
25. According to the ‘declaratory theory’ of jurisprudence the judges only declare the law and they do not make any law. The supporters of this theory were
a. Bacon and Dicey
b. Gray and Salmond
c. Coke and Blackstone
d. Duguit and Pound
Ans. c
26. In Britain, customs are law if it has been originated before 1189 AD but it is not so in India. In India it must be antique one. Here antiquity will be assumed if it is older than
a. 40 Years
b. 50 Years
c. 60 Years
d. None
27. Which one is not true
e. Custom and usage are based upon repeated practice of certain conduct
f. A custom is not Lex Loci
g. Precedent is post incident law
h. All
28. Which among from the following cases is not an example of precedent
a. Mohori Bibee v. Dharmodas Ghose [1903] ILR 30 Cal 539
b. Bridges v Hawkesworth (1851) 21 LJ QB 75
c. Donoghue v Stevenson [1932] UKHL 100
d. Jones v Padavatton | [1969] 2 All ER 616
29. Legislature can delegate its power to its subordinate authorities. It is known as
a. Supreme Legislation
b. Sub- delegated legislation
c. Executive Legislation
d. Delegated legislation
30. Legislature is better than precedent because
a. It is less technical and flexible
b. Members of Legislature posses higher moral reputation
c. It is preventive and proactive in nature
d. Members of Legislature are the true representative of common people
Unit III
31. Who is known as forerunner of Sociological School?
i. Bentham
j. Montesque
k. Ihering
l. Rosco Pound
Ans: b
32. Who had said that ‘Law should be determined by a nation’s characteristics’?
a. Bentham
b. Montesque
c. Ihering
d. Rosco Pound
Ans: b
33. Which one is not the part of Scientific Positivism?
a. Observation
b. Experiment
c. Compassion
d. Sovereign
Ans: d
34. Emile Durkhim had said that ‘Law is the measuring rod of society’? According to him it reproduces two kinds of Solidarity:
(i) Mechanical
(ii) Social
(iii) Organic
(iv) State
Choose the correct one
a. (i) & (ii)
b. (ii) & (iii)
c. (ii) & (iv)
d. (i) & (iii)
Ans: d
35. Which one is not the part of Scientific Positivism?
a. Observation
b. Experiment
c. Compassion
d. Discussion
Ans: d
36. Jural Postulates as explained by Rosco Pound were:
(i) 4 in 1919
(ii) 3 in 1942
(iii) 7 in 1942
(iv) Only 4
Choose the correct one
a. (i) & (iii)
b. (ii) & (iii)
c. (iii) & (iv)
d. Only (iv)
Ans: a
37. Point out the correct group of jurists who revived the Natural Law School:
a. Aristotle, Socrates, Plato
b. St. Augustine, Thomas Aquinas, Grotius
c. Stammler, HLA Hart, Lon L. Fuller
d. Austin, Bentham, Gray
Ans: c
38. Who analyzed the Legal Realism in U.S.A?
a. Grotius
b. Salmond
c. Haggerstorm
d. None of the Above
Ans: d
39. Rule is the core idea of law. On which jurist this statement applies?
a. Salmond
b. Pufendorf
c. Vinogradoff
d. HLA Hart
Ans: d
40. Theory of Living Law is given by:
a. Ihering
b. Ehrlich
c. Vinogradoff
d. St. Augustine
Ans: b
41. Supreme Court of India in the case of Maneka Gandhi v. Union of India AIR 1978 SC 597 held that Law must be Just, Fair and Reasonable. Principles of which School of Jurisprudence have applied by Supreme Court in the instant case?
a. Analytical Law School
b. Sociological Law School
c. Natural Law School
d. Realist Law School
Ans: c
42. Command, Sovereign, Primary Rules, Volition of superior most, conduct of persons, etc. are the attributes of law, according to…………………
a. Analytical Law School
b. Historical Law School
c. Vienna Law School
d. None of the Above
Ans: a
43. Roscoe Pound propound the theory of social engineering which means
a. Greatest happiness to greatest number of people
b. Balancing of competing interests in society
c. Changes in the concept and function of the state
d. That law has its source in the general consciousness
Ans: b
44. Advocates of Law as law “Ought to be” belong to:
a. Analytical Jurisprudence
b. Historical Jurisprudence
c. Ethical Jurisprudence
d. All the Above
Ans: c
45. Imperative Jurisprudence is a term related to :
a. Analytical School
b. Sociological Law School
c. Historical Law School
d. Natural Law School
Ans: a
46. In the case of Om Prakash v. Radhacharan (2009) 15 SCC 66, the Apex Court of India has held that if a widow died intestate, then her property will go to her in laws according to the provisions of Hindu Succession Act, 1956. Here the philosophy of which Law School has been applied?
a. Natural Law School
b. Analytical Law School
c. Sociological Law School
d. Historical Law School
Ans: b
47. According to HLA HART, Right to Food, shelter and Clothes in the Indian Society are:
a. Primary Rules of Obligation
b. Secondary Rules of Recognition
c. Both Primary Rules and Secondary Rules
d. Simply Rights
Ans: a
48. Law as Command of sovereign means:
a. Imperative Order and Political Authority
b. A Political Authority but no Imperative Order
c. Only Compulsory and Binding Order
d. Particular Command and Political Authority
Ans : a
49. X commits murder of D. On complaint, before Police could apprehend X, X dies because of Heart Attack. This suggests that Law:
a. Is a “Is” Concept
b. Is an “Ought” Concept
c. Is a “Futile” Concept
d. Is a “Socio-Political Concept.
Ans: b
50. Who said that Law is not the only means of social control but here are other means also?
a. Ihering
b. Ehrlich
c. Duguit
d. Keeton
Ans: a
51. Give your answer strictly on the basis of the problem given below:
According to Succession Law of State Z, every minor son under the age of five will inherit his father’s property under any circumstances. F, who was father of S, a minor of two years, disinherited S from his property on the ground that S is crooked and F’s wife (mother of S) died because of complications at the time of birth of S. Soon after F dies intestate, leaving behind S who was only two and half year old. What shall be the Right of S in regard to his deceased father’s property?
a. S will not inherit F’s property.
b. S will inherit F’s property because Law recognize and protect S’s Right over his father’s property.
c. S will inherit because State Z’s does not recognize disowning of child
d. S will not inherit F’s property because he was disinherited by F.
Ans: b
52. Allen describe Austin’s Analytical school as
a. Historical school
b. Normative school
c. Imperative school
d. None of the above
Ans- c
53. Aristotle believed in
a. Idealism
b. Empiricism
c. Dualism
d. Separation of powers
Ans–b
54. Who propounded the ‘Utilitarian theory’
a. Kelsen
b. Bentham
c. Julius Stone
d. None of the above
Ans- b
55. “Jurisprudence is the observation of things – human and divine, the knowledge of the just and unjust”
a. Stone
b. Bentham
c. Ulpian
d. Salmond
Ans- c
56. As the science of law or philosophy of law emerged various schools came into existence of these, the most prominent in the 18th century was
a. Historical school
b. Philosophical school
c. Analytical school
d. Sociological school
Ans: c
57. The entire hierarchy of norm-making organs and the process of concretization of norms is called by Kelson the ………… of a particular state
a. Legal norms
b. Normative science
c. Abstract concept
d. Concrete concept
Ans: a
58. That a legal system arises from the combination of primary and secondary rules was enunciated by
a. Austin
b. Hart
c. Bentham
d. Keelson
Ans b
59. Natural law with variable content means that in the realization of justice, the specific content of a rule of positive law will vary from place to pace and from time to time. This theory has been propounded by
a. Rudolf Stammler
b. Joseph Kohler
c. David Hume
d. Hugo Grotius
Ans a
60. Law is found not made. This concept was propounded by
a. Thibaut
b. Hennery Maine
c. Savigny
d. Salmond
Ans c
61. Historical school emerged as reaction to
a. French revolution
b. Natural law school
c. Both a and b
d. None of above
Ans c
62. Which one of the following statements correctly conveys Fuller’s theory of inner morality of law?
a. Every piece of law, in order to be valid, must fulfill, certain procedural requirements like generality, prospectivity, promulgation, intelligibility and consistency
b. The contents of every law, in order to be valid, must be of a minimum moral standard
c. The question of morality of every law is a matter for the inner conscience of the legislators and judges have nothing to do with it
d. The question of morality of law is not for the courts to determine.
63. Ans: b
64. According to whose theory, “Law is not universal in its nature; like language it varies with people and age”?
a. Bentham’s theory
b. Austin’s theory
c. Savigny’s theory
d. Montesquieu’s theory
Ans: c
65. According to the theory of ‘social utilitarianism’ as propounded by Ihering:
a. greatest number of people should get greatest pleasure
b. the essential body of legal rules is always based upon the social “facts” of law
c. a balance is to be struck between the competing interests in society
d. law is a means to social ends
Ans. d
66. One cannot be the owner of a thing but only of the right over that thing. Who said this?
a. Austin
b. C.K. Allen
c. Salmond
d. Bentham
Ans: c
67. “The one who holds the property is the owner.” Give your correct response from following on the basis of above statement:
a. The holder of property may be mere possessor or bailed.
b. The holder of property need not be the owner.
c. This statement is not correct.
d. This statement is correct
Ans: b.
68. An Unborn Child has Legal Status, and hence regarded as person, because of-
a. Duties imposed on him
b. Rights vested in him
c. Immunities available to him
d. All the Above.
Ans: b
69. Find out the odd one.
a. Merry v. Green (1847) 7 M & W 623
b. Hannah v. Peel (1945) 1 KB 509
c. Bridges v. Hawkesworth (1851) 21 LJ QB 75
d. Barrett v. United States, 322 F.2d 292 (5th Cir.1963)
Ans: d
70. Supreme Court ruled that Ganga and Yamuna rivers cannot be viewed as living entities but a river has been given the status of a legal person in one country. The country is-
a. Egypt
b. Ghana
c. New Zeland
d. All the Above
Ans: c
71. Apart from Salmond & Hohfeld, who has also worked on jural correlatives of rights-
a. G. L. Thomas
b. G. L. Taylor
c. G. L. Francis
d. G. L. Williams
Ans: d
72. Which one is correct-
a. Will Theory of rights is based upon individual will.
b. Interest Theory of Rights is based upon protection of interest by State
c. Both are correct
d. Both are incorrect
Ans: c
73. Which one is not associated with the theories related to property-
a. Labour Theory
b. Psychological Theory
c. Metaphysical Theory
d. Purpose Theory
Ans: d
74. Which one is correct-
a. Ownership is nine point of law
b. Finder becomes the owner
c. Possession is not the nine point of law
d. No right is the jural correlative of ‘Privilege’
Ans: d
75. Who had said that ‘Ownership is the collection of certain rights’.
a. Kocurek
b. Zilatan
c. Stammler
d. Hibbert
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