MODERN JURISPRUDENCE (TEST)

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NATIONAL ACADEMY BY SIR UMAR

1. As per Jurisprudence by Sir John Salmond, in the widest of its applications 1 point
the term jurisprudence means the ________, using the word law in that vague
and general sense, in which it includes all species of obligatory rules of
human action.

A. Art of law

B. Creature of law

C. Division of law

D. Science of law

2. English jurist ­________ was among the first to popularize the formalistic 1 point

approach to law in Anglo-American history.

A. Jerome Frank

B. Bentham

C. Benjamin N. Cardozo

D. Sir Edward Coke

3. What is analytical jurisprudence? 1 point

A. The study of what the law is

B. The critical analysis of legal decisions

C. A sociological method to analyze legal systems

D. None of these
4. What is utilitarianism? 1 point

A. A philosophical approach according to which laws are valid only if they benefit the
greater good

B. The idea that all individuals should benefit equally from law’s usefulness

C. The idea that the collective good prevails over individual rights

D. None of these

5. Proponent of theory of Utilitarianism ________. 1 point

A. Austin

B. John Stuart Mill

C. Salmond

D. Holland

6. Private laws are those laws which deal with the interrelationship between 1 point
citizens.

A. True

B. False

7. Which law is called mother law and all other laws of land are subordinate 1 point

to it?

A. Social laws

B. Civil laws

C. Criminal laws

D. Constitutional laws
8. Legislation which proceeds from the sovereign power in the state and 1 point

which is therefore, incapable of being repealed by any other legislative

authority is called ________.

A. Supreme legislation

B. Subordinate legislation

C. Social legislation

D. Moral legislation

9. The example of subordinate legislation in Pakistan is ________. 1 point

A. Byelaws made by capital development authority

B. The act enacted by the National Assembly

C. The ordinance issued by president of Pakistan

D. The ordinance issued by governor of Punjab

10. The general rule of precedent is that a court is bound to the decision of 1 point

________.

A. All the courts

B. All the superior courts

C. All the superior courts of land

D. All its subordinate courts

11. The statement of law by courts which go beyond the requirements of the 1 point

particular case in fraud and lay down an unnecessary rule is called ________.

A. Ratio decidendi

B. Obiter dicta

C. Res nullius

D. Res judicata

12. ________ ownership refers to the ownership of material object. 1 point

A. Corporeal

B. Incorporeal

C. Both A and B

D. None of these

13. Code means “a systematic collection of statutes, body of laws so 1 point

arranged as a collection.

A. True

B. False

14. Error being on the fore face or record, a writ which can be issued is 1 point

________.

A. Mandamus

B. Certiorari

C. Prohibition

D. Habeas-Corpus
15. Legal Realism was analyzed in United State by ________. 1 point

A. Salmond

B. Holmes

C. Austin

D. Grotius

16. Salmond classifies material sources into ________. 1 point

A. Legal sources

B. Historical sources

C. Both A and B

D. None of these

17. As per Jurisprudence by Sir John Salmond, for the division between 1 point

judge and jury, the general rule is that questions of law are for the judge and
question of ________ are for the jury.

A. Fact

B. Information

C. Proof

D. Testimony

18. As per Jurisprudence by Sir John Salmond, the law is the body of 1 point

principles recognized and applied by the state in the ________.

A. Administration of Justice

B. Compliance of rule of law

C. Execution of the rule of law

D. State security
19. The term legislation is derived from Latin word, “Legis means Law” and 1 point

lation means “to make” put or set ________.

A. True

B. False

20. Legislation means the making or setting of law ________. 1 point

A. True

B. False

21. There can be no law without a legislative act, said by ________. 1 point

A. Salmond

B. Austin

C. Holland

D. None of these

22. Kinds of sub-ordinate legislation are ________. 1 point

A. Four

B. Five

C. Six

D. None of these
23. Modes in which a legal right may be limited or lost ________. 1 point

A. By contact

B. By giving in trust and by operation of law

C. By gift

D. All of these

24. Ordinary obligation means a moral or legal bond ________. 1 point

A. True

B. False

25. As per Jurisprudence by Sir John Salmond, literally interpreted, "jus in 1 point

rem" means a right against or in respect of a ______.

A. Association

B. Corporate body

C. Person

D. Thing

26. Principle “Jes soli means” ________. 1 point

A. Grant of nationality on the basis of place birth

B. Grant of nationality on the basis of blood relationship

C. Grant of nationality through naturalization

D. None of these
27. The two elements necessary for the completion of acquisition of 1 point

possession are ________.

A. Mens rea & Actus rea

B. Animus & Corpus

C. Animus & Ownership

D. None of these

28. What is positivism? 1 point

A. The approach to the study of law according to which only laws posited by their
rightful creators are valid

B. The approach to the study of law according to which all moral, social or legal
norms are part of law

C. The approach to the study of law according to which only laws democratically
enacted are valid

D. None of these

29. Analytical Jurisprudence is ________. 1 point

A. The critical analysis of legal decisions

B. A sociological method to analyze legal systems

C. To answer the questions what is law

D. None of these
30. Subpoena means ________. 1 point

A. Under a penalty

B. Under cost

C. Under Fine

D. Under age

31. A summons is a written order issued by a ________ calling upon the 1 point

person to whom it is directed to attend before the court for certain purpose.

A. Witness

B. Court of Justice

C. Ex Partee

D. None of these

32. A firm is ________. 1 point

A. Legal Person

B. A men some of individual

C. An incorporated association

D. None of these

33. Administration Justice is the protection of individual from the unjust and 1 point

unlawful deed others ________.

A. True

B. False
34. Legal Justice means justice according to what the law declares to be just 1 point

________.

A. True

B. False

35. “Lex loci contracts means ________. 1 point

A. Place where the contracts was made

B. Place where the parties have residence

C. Place where the court is working

D. None of these

36. Question of fact, means question other than question of law ________. 1 point

A. True

B. False

37. According to Salmond the term question of law is used in three distinct 1 point

but related senses ________.

A. True

B. False
38. In Jurisprudence by Sir John Salmond, while explaining necessity of the 1 point

Administration of Justice , he says "A herd of wolves is quieter and more at

one than ______.

A. So many men

B. So many women

C. Uncivilized society

D. Unruly society

39. Cicero was a ________ jurist. 1 point

A. Greek

B. Roman

C. Chinese

D. English

40. ________ has presented the thesis that jurisprudence is a social 1 point

engineering.

A. Black Stone

B. Jeremy Bentham

C. John Stuart Mill

D. Roscoe Pound
41. According to John Austin the subject-matter of Jurisprudence is law 1 point

________.

A. Positive

B. Negative

C. Both A and B

D. Metaphysical

42. Legal Realism is the theory of law according to which ‘law is the ________ 1 point

of court.

A. Wisdom

B. Understanding

C. Practice

D. weapon

43. Which is the accurate description of legal positivism? 1 point

A. It perceives law as commands

B. It regards moral and law as inseparable

C. It regards a legal order as a closed logical system

D. It espouses the view that there is no necessary connection between the morality
and law
44. The fair and ________ distribution of rights and obligations, is known as 1 point

justice.

A. equal

B. equitable

C. natural

D. political

45. Jurisprudence is the study of ________ law. 1 point

A. Religious

B. Moral

C. Ethical

D. Positive

46. Probation is a ________of the Administration of Criminal justice. 1 point

A. Kind

B. Type

C. Characteristic

D. Component

47. ________ States that all the actions of human beings are controlled by two 1 point

sovereigns, namely ‘pain’ and ‘pleasure’

A. Hedonism

B. Utilitarianism

C. Realism

D. Formalism
48. The sources of law were classified by ________ and ________. 1 point

A. Salmond/Keeton

B. Salmond/Austin

C. Keeton/Austin

D. Hobbes/Holland

49. As per Sir John Salmod, the reasons for attributing to custom the force of 1 point

law, in the first place, custom is the embodiment of those principles which
have commended themselves to the national conscience as per following
EXCEPT:

A. Justice

B. Myths

C. Public utility

D. Truths

50. According to Salmond, public law is divided into two types: Constitutional 1 point

law and _____.

A. Executive Law

B. Administrative Law

C. Secretarial Law

D. Governmental Law
51. Legislation is derived from two Latin terms, legis which means and latum 1 point

which means ________.

A. Leg/Legs

B. Law/to make

C. Low/price

D. Rule/Random

52. As per Sir John Salmond, ________ custom refers to immemorial custom 1 point

in a particular locality has in that locality the force of law.

A. General

B. International

C. Local

D. National

53. As per Jurisprudence by Sir John Salmond, The means Jurisprudence is 1 point

the science of civil law, that is to say, the law of the ______.

A. Land

B. Nations

C. Public at large

D. Region
54. As per Jurisprudence by Sir John Salmond, Justice becomes increasingly 1 point

justice according to law, and courts of justice become increasingly court of

________.

A. Equity

B. Justice

C. Law

D. Procedure

55. Delegated legislation is a law which is not passed by ________. 1 point

A. An act of Parliament

B. An act of Senate

C. Both A and B

D. None of these

56. As per Sir John Salmond, all the following are the chief forms of 1 point

subordinate legislation BUT:

A. Colonial

B. Executive

C. Judicial

D. Natural

57. ________ is a source of law. 1 point

A. Media

B. Internet

C. Religion

D. Precedent
58. As per Jurisprudence by Sir John Salmond, more usually the common 1 point

law means, not the whole of the law of England, but the residue of it after
deducting any particular part which has a special title of its own. As so used,
it is one of the terms in several distinguished pairs of contrasted
expressions, the chief of which of the following EXCEPT: ________.

A. Common law as opposed to equity

B. Common law as opposed to injustice

C. Common law as opposed to special law

D. Common law as opposed to statute law

59. As per Sir John Salmond, the ________ law is a fifth and last form of the 1 point

special law in which agreement is a juridical fact having two aspects, and
capable of being looked at from two points of view. It is both a source of
legal rights and a source of law.

A. Conventional

B. Municipal

C. Subordinate

D. Supreme

60. As per Jurisprudence by Sir John Salmond, ________ may be divided into 1 point

two kinds, distinguished by the civilians as "jura in re propria" and "jura in re

aliena".

A. Right of way

B. Rights ownership and encumbrances

C. Right of usufruct

D. Rights to information
61. Formal declaration of rules of law by competent forum is termed as 1 point

________.

A. Orders

B. Writs

C. Regulations

D. Legislation

62. The example of subordinate legislation in Pakistan is ________. 1 point

A. Byelaws made by capital development authority

B. The act enacted by the National Assembly

C. The ordinance issued by president of Pakistan

D. The ordinance issued by governor of Punjab

63. Imperative law means a precept or rule of action imposed upon men by 1 point

some _____ which enforces obedience to it.

A. Sovereign only

B. Society only

C. Authority

D. Corporation

64. Conventional Law consists of rules ________for the regulation of their 1 point

conduct towards each other.

A. Agreed to by states/person

B. Initiated by states/person

C. Derived by States/person

D. Introduced by States/person
65. According to Inheriting, possession is the _______ realization of 1 point

ownership.

A. Actual

B. Objective

C. Subjective

D. Tentative

66. Judgment in rem is applicable to ________. 1 point

A. Only upon the beneficiaries

B. Parties of the case only

C. Everyone

D. Parties claiming rights under the judgment

67. As per Sir John Salmond, A ________ therefore, may be defined as one in 1 point

which two or more debtors owe the same thing to the same creditor

A. Primary obligation

B. Secondary obligation

C. Tertiary obligation

D. Solidary obligation

68. As per Jurisprudence by Sir John Salmond, the law of personal rights, 1 point
was called by the ________ jus quod ad personas pertinent or jus personam.

A. Aristotle

B. Greeks

C. Plato

D. Romans
69. As per Jurisprudence by Sir John Salmond, ________, as so defined, is 1 point

rightly treated as a form of mens rea, standing side by side with wrongful
intention as a formal ground of responsibility.

A. Coercion

B. Mischief

C. Negligence

D. Undue influence

70. As per Jurisprudence by Sir John Salmond, the law is the body of 1 point

principles recognized and applied by the state in the ________.

A. Administration of Justice

B. Compliance of rule of law

C. Execution of the rule of law

D. State security

71. As per Jurisprudence by Sir John Salmond, Civil jurisprudence is divisible 1 point

into three branches, which may be distinguished as Systematic, Historical,

and ________.

A. Common

B. Critical

C. English

D. International
72. As per Jurisprudence by Sir John Salmond, the Law of Torts is the law of 1 point
civil injuries other than breaches of ________.

A. Contract

B. Criminal law

C. Natural law

D. Solemn oath

73. The book Leviathan was written by ________. 1 point

A. Grey

B. Lloyd

C. Hobbes

D. Austin

74. Stare Decisis means the previous judgments shall be ________. 1 point

A. Amended

B. Replaced

C. Substituted

D. Upheld

75. Binding of law means that ________. 1 point

A. Law cannot be observed

B. Subjects are bound to observe the law

C. Law is worth observing

D. It is force which restrains the law

76. The thing on which the right is to be exercised is known as ________ of 1 point

right.

A. Subject

B. Object

C. Content

D. Characteristic

77. Animus possidendi means ________. 1 point

A. Animal

B. Power

C. Desire

D. To manifest intention

78. Animus Confitendi means ________. 1 point

A. Confession against an enemy

B. Confidential confession to Magistrate

C. With an intention to confess

D. None of these

79. Res nullius means ________. 1 point

A. Res judicata

B. Res Subjudice

C. The ownerless things

D. None of the above

80. Ownership is the ________ recognition of a claim. 1 point

A. de jure

B. de facto

C. ipso facto

D. per se

81. The term person is derived from Latin term persona which means 1 point
________.

A. Human being

B. Living thing

C. Animals

D. Mask

82. According to John Austin is the subject matter of jurisprudence is law 1 point

________.

A. Ethical

B. Moral

C. Positive

D. Science

83. John Austin defines jurisprudence as “________ of ________”. 1 point

A. Study/moral

B. Philosophy/ethical

C. Philosophy/positive

D. Science/positive
84. A good jurist is supposed to have a fair knowledge of usually concerned 1 point
with ________ of human beings.

A. Chemistry/lives

B. Astronomy/fate

C. Ethics/earnings

D. Psychology/state of mind

85. Aristotle was ________ philosopher. 1 point

A. Egyptian

B. Chinese

C. English

D. Greek

86. The book Summa Theological was written by ________. 1 point

A. Plato

B. St. Thomas Aquinas

C. Hugo Grotius

D. Keeton

87. ________ Theory is stressing that ‘law is the practice of Courts’. 1 point

A. Legal Realism

B. Natural Law

C. Normative

D. Command
88. The physical force of the state behind law is called as ________. 1 point

A. Governance

B. Army

C. Public Order

D. Sanction

89. Systematic arrangement of rules in a single document concerning a 1 point

particular subject in a way as to avoid inconsistency and overlapping. The
process is known as ________.

A. Legislation

B. Codification

C. Prescription

D. Administration

90. As per Sir John Salmond, the ________ law is a fifth and last form of the 1 point
special law in which agreement is a juridical fact having two aspects, and
capable of being looked at from two points of view. It is both a source of
legal rights and a source of law.

A. Conventional

B. Municipal

C. Subordinate

D. Supreme
91. As per Sir John Salmond, A ________ therefore, may be defined as one in 1 point
which two or more debtors owe the same thing to the same creditor.

A. Primary obligation

B. Secondary obligation

C. Tertiary obligation

D. Solitary obligation

92. The book “Jurisprudence or Theory of the Law”, awarded with Swiney 1 point

Gold Cup in 1914 by Royal Society of Arts, was written by ________.

A. Salmond

B. Austin

C. H.L.A. Hart

D. Hobbes

93. "The law is the body of principles recognized and applied by the state in 1 point
the administration of justice is a definition by ________.

A. Sir Jeremy Bentham

B. Sir John Austin

C. Sir John Salmond

D. Sir Thomas Hobbes

94. The procedure of Administration of Criminal Justice is divided into 1 point

________ stages.

A. Investigation

B. Inquiry

C. Trial

D. All of these

95. A title which destroys the right is called as ________ title. 1 point

A. Vanishing

B. Extinctive

C. Original

D. Investitive

96. Lex Externa is the ordinance of ________. 1 point

A. Theory of jurisprudence

B. Devine wisdom of universal governance

C. A school of thought

D. None of these

97. Discordance between law and fact may arise because ________. 1 point

A. Presumptio juris or presumption of law

B. Reputable (Rebuttable) Presumption and Conclusive Presumption

C. Fictio Juris or fiction of law

D. All of these
98. The theories of punishment are ________. 1 point

A. 2 in number

B. 3 in number

C. 4 in number

D. 5 in number

99. Codification is a process of transformation of corpus juris into ________. 1 point

A. Precedent

B. Executed Law

C. Enacted Law

D. None of the above

100. A libel upon a dead man shall be punishment to defend the right of 1 point
________.

A. The dead man

B. Dead man’s property

C. Descendants of dead man

D. All of the above

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