The document consists of multiple-choice questions (MCQs) related to jurisprudence, covering key concepts, theories, and notable jurists in the field of law. It includes questions about the definitions of jurisprudence, various schools of thought, and significant legal principles. The content serves as a study guide for understanding the foundational aspects of legal theory and the contributions of influential legal scholars.
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Juri
The document consists of multiple-choice questions (MCQs) related to jurisprudence, covering key concepts, theories, and notable jurists in the field of law. It includes questions about the definitions of jurisprudence, various schools of thought, and significant legal principles. The content serves as a study guide for understanding the foundational aspects of legal theory and the contributions of influential legal scholars.
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JURIS MCQ
1. "Jurisprudence is the scientific synthesis of the essential principles
of law" was stated by C.K. Allen 2. Which of the following writers has divided jurisprudence into particular jurisprudence and general jurisprudence? Austin 3. A comparative method of study of law was introduced by Maine 4. Who said jurisprudence is the eye of law? Laski 5. In the dark ages, natural law was given a new interpretation by: Thomas Aquinas 6. Who propounded the concept of Grundnorm? Hans Kelsen 7. Out of the following jurists, whose theory of law has earned the name of "natural law with a variable content"? John Locke [C] Stammler 8. That truth is right reason in agreement with nature was propagated by:Cicero 9. "A Theory of Justice" is the work of Rawls 10. Who among the following is considered an exponent of Utilitarianism? Bentham 11. "Natural law is based on the nature of man and on his inward need of living in society". Who said it? Hugo Grotius 12. Who categorized the subject of jurisprudence as expositorial jurisprudence and censorial jurisprudence? Bentham 13. Law is an instrument of: Social change 14. Kelsen's theory of law is called pure theory because Kelsen: Separated law from religion, ethics, sociology and history 15. The expression to signify an assumption which conceals or affects to conceal the fact that a rule of law has undergone alteration, its letter being unchanged, its operation being modified is: Legal Fiction 16. Which school of jurisprudence believes that there are more important obligations, higher ideals, than obedience to the positive law of the state: Natural Law School 17. Criticizing Savigny's theory, who said that 'Savigny encouraged juristic pessimism'? Pound 18. Savigny has observed that: 1. Custom precedes legislation. 2. Legislation must conform customary practices. 3. Custom is not important than legislation. 4. Custom is superior to legislation. Select the best option: [C] 1, 2 and 4 19. Law grows with the nation, increases with it, and dies with its dissolution and it is a characteristic of it. It is said by: Savigny 20. Who said "Possession is the embodiment of the will of the man"? Kant 21. Indicate the correct meaning of the theory of 'social engineering' propounded by Roscoe Pound. Balancing of competing interest in the society 22. "The idea of social function 'crowds out' the conception of subjective right." Whose view is this? Duguit 23. "Law is the sum of conditions of social life as secured by the power of the state through the means of external compulsion". This statement relates to which school of jurisprudence: Sociological 24. According to Professor Goodhart, a ratio decidendi of a case is: The conclusion reached by the judge on the basis of the material facts of the case 25. Main pioneer of the sociological jurisprudence is : [A] Montesquieu 26. Which one of the following is correctly matched? [C] The Law of a community is to be found in social facts and not in formal sources of law- Ehrlich 27. Assertion (A) - It is easy to identify sociological school with Pound. Reason (R) - Sociological school neither begins nor ends with Pound. [A] Both (A) and (R) are true and (R) is the correct explanation of (A) 28. "Custom precedes legislation and hence is superior to it and the legislation must conform to the principles of custom." This principle is a basic feature of which school [B] Historical 29. What is utilitarianism? The idea that collective good prevails over individual rights 30. How did Aristotle describe justice in restoring equality when this has been disturbed? Corrective Justice 31. When a state wants to delay the de jure recognition of any state, it May, in the first stage grant de facto recognition. Who said this? Schwarzenberger 32. The idea of obligation lies at the heart of a rule and people obey law due to a sense of obligation, and not because of a habit of obedience. Who among the following is well-known for this statement? [C] Hart 33. Which of the following is not ‘law properly so called’ according to Austin? [B] Constitution of India 34. The Hart-Fuller Debate discussed: [A] Validity of Nazi Laws 35. The positivist school postulates that: [C] Law and Morality are not necessarily interconnected 36. According to natural law theory: [A] An unjust law is not law 37. Which of the following is most anti-consequentialist? [D] Utilitarianism 38. Grundnorm is a concept related to: Hans Kelsen 39. 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 40. Who supported the absolute power of the sovereign on authoritarian grounds? [D] Hobbes 41. The Delhi High Court in Naz Foundation case supported which of the following relationships between law and morality? [A] Enforcement of public morality is subject to fundamental rights 42. Which of the following is a compilation of John Austin’s lectures? Province of Jurisprudence Determined 43. Which of these statements is true of utilitarianism? [A] The principle of utility is the criterion of morality 44. ‘Oliver Wendell Holmes’ famous ‘Bad man theory of law’ is accepted as valid by: [C] American legal realism 45. Which of the following is not one of Fuller’s desiderata? [C] Specificity 46. Who wrote the essay "Vom Beruf" in 1814? [B] Savigny 47. Sociological School studies: Effect of law on society 48. In which one of the following cases, the court pierced the veil of the corporate personality? Daimler Company v. Continental Tyre Co. case 49. The social contract theory explains: Origin of state 50. Cicero’s conception of natural law is based on the idea that 'true law is right reason in agreement with nature.' Reason is key element because,The law of nature is the basis of all positive law 51. According to Hobbes, 'peace is the first law of nature' because of which of the following situation: [A] Without peace everyone has a right to everything including another’s life 52. In law, there is a fiction that a child, en ventere sa mere is a person in being for the purpose of: [B] Acquisition of property 53. Hume’s attack on natural law is founded on his argument that: [A] We cannot objectively know what is morally right or wrong 54. Acquisition of 'res nullius' is: [A] Original acquisition of ownership 55. Ownership consists of: [C] Rights in rem 56. "A judge is sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land, not delegated to pronounce a new law, but to maintain and explain the old one." The statement was given by: [B] Blackstone 57. Which of the following statements best captures the nature of Fuller’s inner morality of law? [B] Morality of Aspiration 58. Which proposition below may be characterized as the most powerful refutation of lord Devlin’s argument by Hart? [A] Society has no right to preserve its moral and social cohesion through the criminal law 59. The United States Supreme Court’s decision in Roe v. Wade is highly controversial. It was related to :[B] Law relating to abortion 60. Which statement below is the least consistent with the argument that judges in an unjust legal system ought to resign? [B] Since they also prop up the unjust system, lawyers should also resign 61. Which of the following is the strongest argument against ethical relativism's hostility to human rights? [C] Positivism 62. Who defined jurisprudence as the knowledge of things divine and human, the science of just and unjust? [B] Ulpian 63. Which proposition below is the most inconsistent with Mill’s statement that any suppression of speech is an assumption of infallibility and that only by the unrestricted circulation of ideas can the truth be discovered? C] Reason generally prevails 64. Right in rem is right against which one of the following? [C] Everyone 65. 66) Posner’s economic analysis of law is roundly attacked by Dworkin who says that the theory has not achieved the beginning of a beginning. What is the basis of this criticism? [C] It regards wealth as a value, which it is not 66. If the jural correlative of "Right" is "Duty", then the co-relative of "Liberty" is: [D] No right 67. 68) Which of the following elements is essential for a practice to become a custom? [C] Opinio juris sive necessitates 68. Statutes are "source of law … not parts of the law itself." This statement is made by: [C] Gray 69. According to Hart, law is the union of primary and secondary rules which one of the following is not one of the secondary rules? [D] Rules of Interpretation 70. Who said that the movement of progressive societies has hitherto been from status to contract? [D] Henry Maine 71. X has transferred his property in favour of Y. X has exercised his: [B] Right 72. Negligence essentially consists in mental attitude of undue indifference with respect to one’s conduct and its consequences. This statement represents: [B] Subjective Theory 73. Who has propounded social contract theory in terms of general will? [C] Rousseau 74. Volksgeist is associated with: [B] Savigny 75. Who said that the end of law should be to satisfy a maximum of wants with a minimum of friction and waste? [B] Pound 76. According to Salmond, malice in law means: [C] An act done with wrongful intention 77. Who among the following is the associated with interest theory of rights? [C] Bentham 78. Which one of the following schools gave birth to the concept of 'Human Rights'? [B] Natural Law School 79. Who wrote "Taking Rights Seriously"? [B] Ronald Dworkin 80. Who has defined jurisprudence as lawyers extraversion? [C] Julius Stone 81. Who is known as the founder of the Historical School of Jurisprudence? [B] Friedrich Savigny 82. Which of the following is not an essential element of states? [D] Democracy 83. A distinction between static and progressive societies was drawn by: [D] Maine 84. According to Hindu legal theory, what are the sources of law? [A] Smritis [B] Shrutis [C] Puranas [D] All of the above 85. To which of the following jurisprudential approaches/schools of thought does the work of John Rawls could best be described to fall in? [B] Liberal Positivism 86. The two primary and essential function of the state are [D] Welfare and Safety of People 87. The _________ School of Jurisprudence postulates that the law is based on what is "correct". [A] Natural Law 88. Which of the following statements is not true of legal personality? [D] A foetus cannot be a legal person 89. A custom whose authority is conditional on its acceptance and incorporation in agreements between the parties to be bound, is a: [D] Conventional Custom 90. 91) Consider the following statements: 1. Precedents help in the progressive development of law 2. Copyright is a corporeal right 3. In the process of interpretation judges do make the law. Of the statements - [C] 1 and 3 are correct 91. Who gave the organic theory of society? [A] Herbert Spencer 92. Which one of the following is the directive principle of state policy? [B] Protection and Improvement of Environment 93. Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom? [B] Roscoe Pound 94. Who said that law is a union of primary rules of obligation and secondary rules of recognition? [A] Hart 95. Who wrote "Anarchy, State and Utopia"? [B] Nozick 96. Austin's theory of law can be found in his work titled 'Province of Jurisprudence Determined', through which he meant to convey the idea that: [C] The subject matter of divine laws etc. does not fall within the purview of jurisprudence 97. Positive law is called positive because [C] It is made by a person in authority 98. Who said that the only purpose for which power can rightfully be exercised over any member of a civilized community against his will is to prevent harm to others? JS Mill 99. An equivalent to Mill's Harm Principle is stated in: [C] France's Declaration of the Rights of Man and of the Citizen 100.