English Jurisprudence | Law GAT MCQs Test 2

1. Question 1 of 50

   Kelsen's Pure Theory of Law seeks to free legal theory from:

   A Political, moral and sociological elements B Legislative drafting rules C Constitutional principles D All forms of logic
2. Question 2 of 50

   Ehrlich's 'living law' refers to law that:

   A Exists only in judicial precedent B Is enacted formally by parliament C Actually governs social life, as distinct from formal state law D Is derived purely from religion
3. Question 3 of 50

   The Historical school generally regards custom as:

   A Only relevant in criminal law B Irrelevant to the legal system C Inferior to legislation always D A primary and important source of law
4. Question 4 of 50

   Analytical positivists generally hold that law and morality are:

   A Always identical B Both derived from religion C Conceptually separable D Both derived from custom
5. Question 5 of 50

   According to Maine, in primitive societies, the individual's rights and duties were fixed by:

   A Statutory codes B Status (birth, family, class) C Free contract between individuals D Judicial precedent
6. Question 6 of 50

   The Analytical school is primarily concerned with law as it:

   A Ought to be B Was in ancient times C Is (positive law already in existence) D Will be in the future
7. Question 7 of 50

   John Austin's approach to jurisprudence is often summarized by the phrase:

   A 'Law is a means of social control' B 'Law is what courts do' C 'Law is the command of the sovereign' D 'Law is the spirit of the people'
8. Question 8 of 50

   The Historical school of jurisprudence is most closely associated with:

   A John Austin B Jeremy Bentham C Friedrich Karl von Savigny D Roscoe Pound
9. Question 9 of 50

   Which jurist argued that even in a democracy, the electorate can be regarded as the sovereign under Austin's theory?

   A Austin himself (via the concept of the 'sovereign body') B Pound C Duguit D Savigny
10. Question 10 of 50

    Kelsen is associated with which school of legal thought?

    A Historical School B Vienna School of Analytical Positivism C Natural Law School D Realist School
11. Question 11 of 50

    H.L.A. Hart's famous debate on the relationship between law and morality was conducted with:

    A Hans Kelsen B Lon L. Fuller C Roscoe Pound D John Austin
12. Question 12 of 50

    Which of these is a criticism of the Historical school?

    A It denies any historical development of law B It underestimates the deliberate/legislative element in law-making C It ignores the role of custom entirely D It overestimates statutory codification
13. Question 13 of 50

    Bentham's theory of law and morality is based on the principle of:

    A Utility (greatest happiness of the greatest number) B Judicial precedent C Historical evolution D Divine command
14. Question 14 of 50

    Savigny's theory holds that law originates from the:

    A Decisions of courts B Utility principle C Command of the sovereign D Volksgeist (spirit/consciousness of the people)
15. Question 15 of 50

    Rudolf von Ihering's jurisprudence focuses on law as a means of protecting:

    A Divine will B Custom of ancient tribes C Social interests through the coercive power of the state D Individual sovereignty only
16. Question 16 of 50

    According to Hart, the 'minimum content of natural law' is necessary for:

    A Judicial review only B International diplomacy only C Human survival and a viable legal/social system D Criminal sentencing only
17. Question 17 of 50

    The Historical school is primarily retrospective, focusing on law's:

    A Future social goals B Universal moral validity C Past origin and evolution D Present commercial utility
18. Question 18 of 50

    Pound's concept of 'jural postulates' refers to:

    A Rules of statutory interpretation B Sanctions attached to crimes C Basic assumptions/interests society expects law to protect D International treaty obligations
19. Question 19 of 50

    Austin's theory has been criticized for not adequately explaining which type of law?

    A Criminal statutes B Contract law C Taxation law D Permissive/enabling and customary law
20. Question 20 of 50

    Savigny's approach can be contrasted with Bentham's approach because Savigny opposed:

    A Any form of legislation whatsoever B The idea of custom as a source of law C Hasty codification of law disconnected from national character D The study of Roman law
21. Question 21 of 50

    The Historical school's key contribution to jurisprudence is highlighting the importance of:

    A Sudden revolutionary change in law B International uniformity of law C Pure logical analysis of legal concepts D Continuity, custom and gradual evolution of legal institutions
22. Question 22 of 50

    According to Savigny, law grows and develops like:

    A Language and custom, organically with the nation B A universal moral code C A command imposed suddenly by rulers D A contract between citizens
23. Question 23 of 50

    Which of the following best defines legal positivism's 'separation thesis'?

    A Custom is the only source of law B Law must always be moral to be valid C Courts create all law D There is no necessary connection between law and morality
24. Question 24 of 50

    Which jurist emphasized that law is not the arbitrary creation of a lawgiver but grows out of the life of the people?

    A Austin B Kelsen C Bentham D Savigny
25. Question 25 of 50

    Bentham's philosophy is commonly known as:

    A Realism B Naturalism C Historicism D Utilitarianism
26. Question 26 of 50

    According to Kelsen, law is a system of:

    A Norms arranged in a hierarchical order B Commands of a single sovereign C Customs of ancient societies D Moral principles
27. Question 27 of 50

    Maine's classification described law's development through stages including: Themistes (judgments), Customary Law and:

    A Case law only B Sociological jurisprudence C Constitutional law only D Codification
28. Question 28 of 50

    Lon Fuller argued that law must possess an inner morality, often called the:

    A Command theory B Rule of recognition C Grundnorm D Morality of law (procedural natural law)
29. Question 29 of 50

    Which jurist held that 'the existence of law is one thing, its merit or demerit another'?

    A Duguit B Savigny C John Austin D Roscoe Pound
30. Question 30 of 50

    Positivism in jurisprudence essentially means:

    A Law evolves purely from custom B Law must always align with morality C Law is what is actually laid down/posited by human authority, separate from morality D Law is discovered through nature
31. Question 31 of 50

    Savigny believed that legislation should play what kind of role compared to custom?

    A The only role, replacing all custom B A secondary role, mainly to systematize existing custom C A role limited to criminal law D No role at all
32. Question 32 of 50

    Which jurist argued that ancient law codes (like Roman XII Tables) reflect custom already prevailing in society?

    A Roscoe Pound B John Austin C Hans Kelsen D Sir Henry Maine
33. Question 33 of 50

    Which jurist is credited with founding legal positivism in its modern analytical form in England?

    A Savigny B John Austin C Ihering D Duguit
34. Question 34 of 50

    Which jurist is known for the theory of 'social solidarity' as the basis of law?

    A Leon Duguit B Savigny C John Austin D Hans Kelsen
35. Question 35 of 50

    Roscoe Pound's theory of law is often summarized as:

    A Law as spirit of the people B Law as a tool of social engineering C Law as command of sovereign D Law as pure norm
36. Question 36 of 50

    Puchta, a follower of Savigny, added which idea to the historical school?

    A The command theory of sovereignty B Utilitarian calculus C The role of the State/nation's common consciousness in giving definite shape to law D Sociological jurisprudence
37. Question 37 of 50

    The Historical school arose partly as a reaction against the:

    A Codification movement following the French Revolution B Sociological school of Pound C American Realist movement D Command theory of Kelsen
38. Question 38 of 50

    According to Pound, the task of law is to balance:

    A Only individual interests B Only state interests C Individual, public and social interests D Only religious interests
39. Question 39 of 50

    Fuller's famous work discussing the inner morality of law is titled:

    A The Morality of Law B Pure Theory of Law C The Concept of Law D Law in the Making
40. Question 40 of 50

    Sir Henry Maine is best known for his historical account of the development of law in his book:

    A The Concept of Law B Ancient Law C Pure Theory of Law D Law in the Making
41. Question 41 of 50

    The term 'Volksgeist' means:

    A Rule of recognition B Spirit of the people C Command of the sovereign D Spirit of the law
42. Question 42 of 50

    A 'sanction', in Austin's theory, refers to:

    A A reward for obeying the law B A judicial precedent C An evil or punishment attached to disobedience of a command D A type of legislation
43. Question 43 of 50

    Henry Maine's famous statement about the movement of progressive societies is: the movement has been from Status to:

    A Custom B Precedent C Contract D Command
44. Question 44 of 50

    Sir Henry Maine's work is often considered foundational to the:

    A Sociological school B Realist school C Natural law school D Historical and comparative method in jurisprudence
45. Question 45 of 50

    Bentham distinguished between 'expository' jurisprudence and:

    A Historical jurisprudence B Sociological jurisprudence C Comparative jurisprudence D Censorial jurisprudence
46. Question 46 of 50

    The Sociological school of jurisprudence primarily studies the relationship between:

    A Law and history B Law and geography C Law and language D Law and society
47. Question 47 of 50

    Savigny believed the true source of law is found in the:

    A Religious scriptures alone B Common consciousness of the people C Decisions of foreign courts D Statute books of Rome
48. Question 48 of 50

    Duguit rejected the concept of sovereignty and rights, focusing instead on:

    A Social solidarity and social function B Divine natural law C Command of the sovereign D Historical custom
49. Question 49 of 50

    Eugen Ehrlich is associated with the concept of:

    A Grundnorm B Command theory C Volksgeist D Living law
50. Question 50 of 50

    The Hart-Fuller debate primarily concerns:

    A The connection (or separation) between law and morality B The theory of ownership C The definition of possession D The concept of sovereignty in international law

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