English Jurisprudence Law GAT MCQs Test 3
50 questions · Law GAT
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Question 1 of 50
According to Aquinas, 'natural law' is:
ExplanationAccording to Aquinas, 'natural law' is: That part of eternal law which is discoverable by human reason.
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Question 2 of 50
Realist jurisprudence is generally considered a branch of the broader:
ExplanationRealist jurisprudence is generally considered a branch of the broader: Sociological approach to law, with a focus on judicial decision-making.
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Question 3 of 50
Pound's approach is sometimes described using the metaphor of law as:
ExplanationPound's approach is sometimes described using the metaphor of law as: Social engineering to satisfy maximum wants with minimum friction.
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Question 4 of 50
Which of the following philosophers linked natural law with the idea of 'right reason' (recta ratio)?
ExplanationCicero — Which of the following philosophers linked natural law with the idea of 'right reason' (recta ratio).
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Question 5 of 50
Ihering's famous work on the purpose of law is titled:
ExplanationIhering's famous work on the purpose of law is titled: Law as a Means to an End (Der Zweck im Recht).
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Question 6 of 50
The Social Contract theorists associated with natural law/rights include Hobbes, Locke and:
ExplanationThe Social Contract theorists associated with natural law/rights include Hobbes, Locke and: Rousseau.
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Question 7 of 50
Jerome Frank's famous realist work is titled:
ExplanationJerome Frank's famous realist work is titled: Law and the Modern Mind.
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Question 8 of 50
Pound is often called the leading exponent of sociological jurisprudence in:
ExplanationPound is often called the leading exponent of sociological jurisprudence in: The United States.
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Question 9 of 50
The maxim 'lex injusta non est lex' means:
ExplanationThe maxim 'lex injusta non est lex' means: An unjust law is not law.
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Question 10 of 50
A key criticism of the Realist school is that it:
ExplanationA key criticism of the Realist school is that it: Overemphasizes judicial discretion and downplays legal certainty.
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Question 11 of 50
Lon Fuller's natural law approach is often called:
ExplanationLon Fuller's natural law approach is often called: Procedural natural law (inner morality of law).
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Question 12 of 50
Hugo Grotius is often regarded as the father of:
ExplanationHugo Grotius is often regarded as the father of: Modern natural law and international law.
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Question 13 of 50
Which jurist is known for the phrase treating law as a form of 'social control'?
ExplanationRoscoe Pound — Which jurist is known for the phrase treating law as a form of 'social control'.
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Question 14 of 50
John Locke's natural law theory emphasized natural rights to life, liberty and:
ExplanationJohn Locke's natural law theory emphasized natural rights to life, liberty and: Property.
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Question 15 of 50
Holmes is often quoted as saying law should be viewed through the eyes of the:
ExplanationHolmes is often quoted as saying law should be viewed through the eyes of the: 'Bad man' who only cares about consequences.
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Question 16 of 50
Roscoe Pound's jurisprudence is often contrasted with Austin's because Pound focused on law's:
ExplanationRoscoe Pound's jurisprudence is often contrasted with Austin's because Pound focused on law's: Social results/consequences rather than its formal source.
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Question 17 of 50
John Chipman Gray, associated with realist tendencies, held that law consists essentially of rules laid down by:
ExplanationJohn Chipman Gray, associated with realist tendencies, held that law consists essentially of rules laid down by: Courts.
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Question 18 of 50
The Realist school of jurisprudence is most developed in which country?
ExplanationThe Realist school of jurisprudence is most developed in which country: United States of America.
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Question 19 of 50
American Realism arose largely as a reaction against:
ExplanationAmerican Realism arose largely as a reaction against: Formalistic/mechanical application of legal rules.
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Question 20 of 50
Jean-Jacques Rousseau's version of the social contract emphasized the:
ExplanationJean-Jacques Rousseau's version of the social contract emphasized the: General will of the people.
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Question 21 of 50
Oliver Wendell Holmes famously described law as:
ExplanationOliver Wendell Holmes famously described law as: The prophecies of what courts will do in fact.
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Question 22 of 50
Natural law theory experienced a revival in the 20th century partly due to reaction against:
ExplanationNatural law theory experienced a revival in the 20th century partly due to reaction against: The atrocities of totalitarian regimes and pure legal positivism.
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Question 23 of 50
John Finnis is a modern natural law theorist known for his work:
ExplanationJohn Finnis is a modern natural law theorist known for his work: Natural Law and Natural Rights.
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Question 24 of 50
Pound classified interests protected by law into individual, public, and:
ExplanationPound classified interests protected by law into individual, public, and: Social interests.
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Question 25 of 50
The Scandinavian Realist school includes jurists such as:
ExplanationThe Scandinavian Realist school includes jurists such as: Axel Hagerstrom and Karl Olivecrona.
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Question 26 of 50
The Natural Law school holds that the validity of law is derived from:
ExplanationThe Natural Law school holds that the validity of law is derived from: Reason, nature and universal moral principles.
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Question 27 of 50
St. Thomas Aquinas classified law into eternal law, natural law, human law and:
ExplanationSt. Thomas Aquinas classified law into eternal law, natural law, human law and: Divine law.
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Question 28 of 50
Ehrlich argued that the 'center of gravity' of legal development lies in:
ExplanationEhrlich argued that the 'center of gravity' of legal development lies in: Society itself, not in legislation or judicial decisions.
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Question 29 of 50
The Sociological school generally supports using law as an instrument for:
ExplanationThe Sociological school generally supports using law as an instrument for: Social reform and progress.
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Question 30 of 50
Which ancient Greek philosopher is considered an early proponent of natural law ideas through his concept of justice?
ExplanationAristotle — Which ancient Greek philosopher is considered an early proponent of natural law ideas through his concept of justice.
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Question 31 of 50
Ihering's approach is sometimes called 'jurisprudence of:
ExplanationIhering's approach is sometimes called 'jurisprudence of: Interests.
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Question 32 of 50
The sociological school views law mainly as a means to achieve:
ExplanationThe sociological school views law mainly as a means to achieve: Social ends and social control.
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Question 33 of 50
Scandinavian realists tend to analyze legal concepts (like rights) as:
ExplanationScandinavian realists tend to analyze legal concepts (like rights) as: Psychological/behavioral phenomena rather than metaphysical entities.
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Question 34 of 50
Which of the following best distinguishes Realism from Analytical positivism?
ExplanationRealism focuses on actual judicial behavior rather than formal logical analysis of rules — Which of the following best distinguishes Realism from Analytical positivism.
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Question 35 of 50
Realists who doubted the predictability of judicial fact-finding are often called:
ExplanationRealists who doubted the predictability of judicial fact-finding are often called: Fact skeptics.
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Question 36 of 50
Which jurist argued that the function of law is to protect existing social solidarity and coordinate social functions?
ExplanationLeon Duguit — Which jurist argued that the function of law is to protect existing social solidarity and coordinate social functions.
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Question 37 of 50
Duguit's theory de-emphasizes individual subjective rights in favor of:
ExplanationDuguit's theory de-emphasizes individual subjective rights in favor of: Objective social duties/functions.
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Question 38 of 50
American Legal Realism flourished mainly during which period?
ExplanationAmerican Legal Realism flourished mainly during which period: 1920s-1930s.
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Question 39 of 50
Which of the following jurists is associated with 'free law' movement, arguing judges should have discretion beyond strict statutory text?
ExplanationEugen Ehrlich — Which of the following jurists is associated with 'free law' movement, arguing judges should have discretion beyond strict statutory text.
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Question 40 of 50
Which jurist emphasized studying the actual working of legal institutions rather than abstract legal concepts?
ExplanationRoscoe Pound — Which jurist emphasized studying the actual working of legal institutions rather than abstract legal concepts.
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Question 41 of 50
The Sociological school is primarily functional, meaning it studies law in terms of its:
ExplanationThe Sociological school is primarily functional, meaning it studies law in terms of its: Effects and functions in society.
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Question 42 of 50
Realists generally place greater emphasis on which of the following over formal rules?
ExplanationRealists generally place greater emphasis on which of the following over formal rules: Judicial behavior and discretion.
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Question 43 of 50
Thomas Hobbes argued that in the state of nature, life was:
ExplanationThomas Hobbes argued that in the state of nature, life was: 'Solitary, poor, nasty, brutish, and short'.
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Question 44 of 50
Realists who doubted the certainty of legal rules are often called:
ExplanationRealists who doubted the certainty of legal rules are often called: Rule skeptics.
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Question 45 of 50
The Realist school generally holds that law is essentially what:
ExplanationThe Realist school generally holds that law is essentially what: Courts/judges actually decide in practice.
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Question 46 of 50
Ihering is often regarded as a founder of the:
ExplanationIhering is often regarded as a founder of the: Sociological school of jurisprudence.
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Question 47 of 50
Natural law theorists generally argue that an unjust law that violates fundamental morality:
ExplanationNatural law theorists generally argue that an unjust law that violates fundamental morality: May not be regarded as true law ('lex injusta non est lex').
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Question 48 of 50
Karl Llewellyn's realist approach is sometimes summarized as focusing on 'law in:
ExplanationKarl Llewellyn's realist approach is sometimes summarized as focusing on 'law in: Action' rather than 'law in books'.
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Question 49 of 50
Jerome Frank, an American Realist, is known for his skepticism about:
ExplanationJerome Frank, an American Realist, is known for his skepticism about: The certainty and predictability of legal 'facts' and rules.
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Question 50 of 50
Karl Llewellyn, a leading American Realist, emphasized studying:
ExplanationKarl Llewellyn, a leading American Realist, emphasized studying: What officials/courts actually do, not just formal rules.
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