Jurisprudence MCQ 2

7/25/2021 Jurisprudence MCQ (3) - Judge Saab
Jurisprudence MCQ Mine
Jurisprudence MCQ (3)
By Vivek Kumar —
6 April 2021
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Q.1. Who among the following divided the sources of law

into formal sources and material sources?
(a) Allen
(b) Keeton
(c) Gray
(d) Salmond
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Q.2. The importance of ‘custom’ over other sources of law

was stressed by the jurists of the________?
(a) the analytical school
(b) historical school
(c) natural law school
(d) None of the above
Q.3. According to the jurists of Analytical

School__________?
(a) custom becomes law after its recognition by the

sovereign
(b) custom never becomes law
(c) custom is a law from the very inception of it
(d) customs are only positive morality even after

recognition
Q.4. 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
Q.5. Consider the following statements:
1. The object of the legislation is to apply the law
2. Legislation has both creative and abrogative powers
3. Custom is generally based on the will of the people
Of the above statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct.


Q.6. The statement “Precedents are the past decisions

which are used as guide in the moulding of future deci‐
sions”, is attributed to______________?
(a) Dias
(b) Gray
(c) Keeton
(d) None of the above
Q.7. Which one of the following pairs is correctly matched?
(a) Precedent : Legislature
(b) Precedent : Jurist
(c) Precedent : Judge
(d) Precedent : Agreement
Q.8. Which one of the following pairs is correctly matched?
(a) Antecedent : Remedial right
(b) Rights in rem : Rights in realiena
(c) Proprietary : Contingent rights
(d) Positive : Imperfect rights
Q.9. Which one of the following statements is true?
(a) An antecedent right is a remedial right
(b) A perfect right does not prescribe any remedy
(c) A positive right indicates a negative duty
(d) Proprietary rights are valuable rights
Q.10. Which one of the following is a legal person?
(a) Supreme Court of India

(b) Damodar Valley Corporation
(c) Chief Minister of a State
(d) Governor of a State
Answers with Explanations
1.Correct Answer: D
Explanation- Salmond has divided the sources of law into

formal and material sources of law.
Formal Sources: A formal source is that .from which a rule

of law derives its force and validity. It is that from which the
authority allow proceeds.
Material Sources: The material sources of law are those

from which is derived the matter and not the validity of the
law. Hence Option D is correct.
2.Correct Answer: B
Explanation – According to the historical theory, the

growth of law does not depend upon the arbitrary will of
any individual. It does not depend upon any accident. It
grows as a result of the intelligence of the people. Custom
is derived from the common consciousness of the people.
The view of Savigny is that custom is the type of all law and
law is valid and just only in so far as it makes known and
objectifies in concrete forms the true legal instinct of the
community which it purports to govern. Hence Option B is
correct.
3.Correct Answer: A
Explanation- According to analytical theory, the custom is


a source of law and not the law itself A custom is a law only
because the sovereign allows it to be so. Custom has only

persuasive value and does not become law until it is
followed by the courts. Hence Option A is correct.
4.Correct Answer: C
Explanation- According to the declaratory theory judges

are merely law finders and not lawmakers. A judge clues
not to make laws but merely discovers in the existing rules
of law the particular principles that it farms the facts of the
individual cases. Hence Option C is correct.
5.Correct Answer: A
Explanation- All three statements are correct.
Legislation is that source of law that consists of the

declaration of legal rules by the competent authority.
Legislation is both constitutive and abrogative. It is not only
a source of the new law but also the most effective
instrument of abolishing the existing law. Law has its
existence in the general will of the people and evolves with
the people. Hence Option A is correct.
6.Correct Answer: D
Explanation- According to Prof. Gray, judges alone make

the law. He said that judges are truly lawgiver. Keeton
pointed out that judicial precedent is a source of law.
According to him, a judicial precedent is a judicial decision
to which authority has in some measure been attached.
Hence Option D is correct.
7.Correct Answer: C
Explanation- A precedent is a judicial decision. They are an

important source of law. They have enjoyed high authority 
at all times and in all countries. According to Gray, Judges

alone make the law. Hence Option C is correct.
8.Correct Answer: B
Explanation- According to Salmond, a right in re aliena or

encumbrance is one that limits or derogates from some
more general right belonging to some other person in
respect of the same subject matter. A right in rem means a
right against or in respect of a thing. A right in rem is
available against the whole world. Hence Option B is
correct.
9.Correct Answer: D
Explanation- Proprietary rights of a person include his

estate, his assets and his property in any form. Proprietary
rights have some economic or monetary value. Hence
Option D is correct.
10.Correct Answer: B
Explanation- Legal persons are real or imaginary beings to

whom personality is attributed by law by way of fiction
where not exist in fact. A corporation is a legal person. A
corporation aggregate is an incorporated group or body of
co-existing persons. united for the purpose of advancing
certain end or interests. Hence Option B is correct.
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7/25/2021 Jurisprudence MCQ (3) - Judge Saab

Jurisprudence MCQ Mine

Jurisprudence MCQ (3)

Q.1. Who among the following divided the sources of law

Q.2. The importance of ‘custom’ over other sources of law

(a) the analytical school

(b) historical school

(c) natural law school

(d) None of the above

Q.3. According to the jurists of Analytical

(a) custom becomes law after its recognition by the

(b) custom never becomes law

(c) custom is a law from the very inception of it

(d) customs are only positive morality even after

Q.4. According to the ‘declaratory theory of jurisprudence,

(a) Bacon and Dicey

(b) Gray and Salmond

(c) Coke and Blackstone

(d) Duguit and Pound

Q.5. Consider the following statements:

1. The object of the legislation is to apply the law

2. Legislation has both creative and abrogative powers

3. Custom is generally based on the will of the people

Of the above statements:

(a) 1, 2 and 3 are correct

(b) 1 and 2 are correct

(c) 2 and 3 are correct

(d) 1 and 3 are correct.

Q.6. The statement “Precedents are the past decisions

(d) None of the above

Q.7. Which one of the following pairs is correctly matched?

(a) Precedent : Legislature

(b) Precedent : Jurist

(c) Precedent : Judge

(d) Precedent : Agreement

Q.8. Which one of the following pairs is correctly matched?

(a) Antecedent : Remedial right

(b) Rights in rem : Rights in realiena

(c) Proprietary : Contingent rights

(d) Positive : Imperfect rights

Q.9. Which one of the following statements is true?

(a) An antecedent right is a remedial right

(b) A perfect right does not prescribe any remedy

(c) A positive right indicates a negative duty

(d) Proprietary rights are valuable rights

Q.10. Which one of the following is a legal person?

(a) Supreme Court of India

(c) Chief Minister of a State

(d) Governor of a State

Answers with Explanations

Explanation- Salmond has divided the sources of law into

Formal Sources: A formal source is that .from which a rule

Material Sources: The material sources of law are those

Explanation – According to the historical theory, the

Explanation- According to analytical theory, the custom is

because the sovereign allows it to be so. Custom has only

Explanation- According to the declaratory theory judges

Explanation- All three statements are correct.

Legislation is that source of law that consists of the