English Jurisprudence Law GAT MCQs
200 questions · Law GAT
-
Question 1 of 200
American Realism arose largely as a reaction against:
ExplanationAmerican Realism arose largely as a reaction against: Formalistic/mechanical application of legal rules.
-
Question 2 of 200
According to Pound, the task of law is to balance:
ExplanationAccording to Pound, the task of law is to balance: Individual, public and social interests.
-
Question 3 of 200
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'.
-
Question 4 of 200
The Analytical school of jurisprudence is chiefly concerned with:
ExplanationThe Analytical school of jurisprudence is chiefly concerned with: The analysis of the legal concepts of positive law.
-
Question 5 of 200
The word 'Jurisprudence' in a narrow sense refers to:
ExplanationThe word 'Jurisprudence' in a narrow sense refers to: The dogmatic/technical study of positive law.
-
Question 6 of 200
Hart's most famous work is titled:
ExplanationHart's most famous work is titled: The Concept of Law.
-
Question 7 of 200
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.
-
Question 8 of 200
Pound's concept of 'jural postulates' refers to:
ExplanationPound's concept of 'jural postulates' refers to: Basic assumptions/interests society expects law to protect.
-
Question 9 of 200
Which source of law is regarded as the most direct and deliberate form of law-making?
ExplanationLegislation — Which source of law is regarded as the most direct and deliberate form of law-making.
-
Question 10 of 200
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.
-
Question 11 of 200
The Analytical school is primarily concerned with law as it:
ExplanationThe Analytical school is primarily concerned with law as it: Is (positive law already in existence).
-
Question 12 of 200
Analytical positivists generally hold that law and morality are:
ExplanationAnalytical positivists generally hold that law and morality are: Conceptually separable.
-
Question 13 of 200
Which of these is a criticism of the Historical school?
ExplanationIt underestimates the deliberate/legislative element in law-making — Which of these is a criticism of the Historical school.
-
Question 14 of 200
The Grotian tradition of natural law contributed significantly to the foundation of:
ExplanationThe Grotian tradition of natural law contributed significantly to the foundation of: International law.
-
Question 15 of 200
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'.
-
Question 16 of 200
Which school of jurisprudence studies law in relation to its historical origin and development?
ExplanationHistorical school — Which school of jurisprudence studies law in relation to its historical origin and development.
-
Question 17 of 200
In Hart's theory, 'primary rules' are rules that:
ExplanationIn Hart's theory, 'primary rules' are rules that: Impose duties on individuals.
-
Question 18 of 200
Which jurist held that 'the existence of law is one thing, its merit or demerit another'?
ExplanationJohn Austin — Which jurist held that 'the existence of law is one thing, its merit or demerit another'.
-
Question 19 of 200
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.
-
Question 20 of 200
In Hart's theory, secondary rules include the rule of recognition, rule of change and rule of:
ExplanationIn Hart's theory, secondary rules include the rule of recognition, rule of change and rule of: Adjudication.
-
Question 21 of 200
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.
-
Question 22 of 200
Particular jurisprudence is concerned with the study of:
ExplanationParticular jurisprudence is concerned with the study of: Any one particular legal system.
-
Question 23 of 200
Bentham distinguished between 'expository' jurisprudence and:
ExplanationBentham distinguished between 'expository' jurisprudence and: Censorial jurisprudence.
-
Question 24 of 200
According to Aquinas, 'natural law' is:
ExplanationAccording to Aquinas, 'natural law' is: That part of eternal law which is discoverable by human reason.
-
Question 25 of 200
According to Savigny, law grows and develops like:
ExplanationAccording to Savigny, law grows and develops like: Language and custom, organically with the nation.
-
Question 26 of 200
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.
-
Question 27 of 200
Ehrlich's 'living law' refers to law that:
ExplanationEhrlich's 'living law' refers to law that: Actually governs social life, as distinct from formal state law.
-
Question 28 of 200
According to Kelsen, law is a system of:
ExplanationAccording to Kelsen, law is a system of: Norms arranged in a hierarchical order.
-
Question 29 of 200
Jerome Frank's famous realist work is titled:
ExplanationJerome Frank's famous realist work is titled: Law and the Modern Mind.
-
Question 30 of 200
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.
-
Question 31 of 200
Savigny's approach can be contrasted with Bentham's approach because Savigny opposed:
ExplanationSavigny's approach can be contrasted with Bentham's approach because Savigny opposed: Hasty codification of law disconnected from national character.
-
Question 32 of 200
A custom that is unreasonable or opposed to public policy is generally:
ExplanationA custom that is unreasonable or opposed to public policy is generally: Not recognized/enforced as law.
-
Question 33 of 200
Professional/juristic opinion as a source of law refers to the influence of:
ExplanationProfessional/juristic opinion as a source of law refers to the influence of: Writings and commentaries of learned legal scholars.
-
Question 34 of 200
American Legal Realism flourished mainly during which period?
ExplanationAmerican Legal Realism flourished mainly during which period: 1920s-1930s.
-
Question 35 of 200
The Historical school arose partly as a reaction against the:
ExplanationThe Historical school arose partly as a reaction against the: Codification movement following the French Revolution.
-
Question 36 of 200
Bentham's philosophy is commonly known as:
ExplanationBentham's philosophy is commonly known as: Utilitarianism.
-
Question 37 of 200
Henry Maine's famous statement about the movement of progressive societies is: the movement has been from Status to:
ExplanationHenry Maine's famous statement about the movement of progressive societies is: the movement has been from Status to: Contract.
-
Question 38 of 200
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.
-
Question 39 of 200
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.
-
Question 40 of 200
Natural law theory is generally considered part of the:
ExplanationNatural law theory is generally considered part of the: Ethical/philosophical approach to jurisprudence.
-
Question 41 of 200
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.
-
Question 42 of 200
Which jurist emphasized that law is not the arbitrary creation of a lawgiver but grows out of the life of the people?
ExplanationSavigny — Which jurist emphasized that law is not the arbitrary creation of a lawgiver but grows out of the life of the people.
-
Question 43 of 200
A custom that has the force of law independent of any agreement between parties is called:
ExplanationA custom that has the force of law independent of any agreement between parties is called: Legal custom.
-
Question 44 of 200
The Natural Law school's central concern, unlike the Analytical school, is with law as it:
ExplanationThe Natural Law school's central concern, unlike the Analytical school, is with law as it: Ought to be (in light of morality/justice).
-
Question 45 of 200
A corporation aggregate is formed by the association of:
ExplanationA corporation aggregate is formed by the association of: A number of natural persons united into one body.
-
Question 46 of 200
Ihering's approach is sometimes called 'jurisprudence of:
ExplanationIhering's approach is sometimes called 'jurisprudence of: Interests.
-
Question 47 of 200
According to Salmond, a legal right is an interest recognized and protected by a rule of:
ExplanationAccording to Salmond, a legal right is an interest recognized and protected by a rule of: Law.
-
Question 48 of 200
Rudolf von Ihering's jurisprudence focuses on law as a means of protecting:
ExplanationRudolf von Ihering's jurisprudence focuses on law as a means of protecting: Social interests through the coercive power of the state.
-
Question 49 of 200
The study of law 'as it is' (positive law) is called:
ExplanationThe study of law 'as it is' (positive law) is called: Expository jurisprudence.
-
Question 50 of 200
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.
-
Question 51 of 200
Which of the following is regarded as a subordinate/secondary source of law by many jurists?
ExplanationRegarded as a subordinate/secondary source of law by many jurists: Juristic writings/professional opinion.
-
Question 52 of 200
The Latin word 'Jurisprudentia' literally means:
ExplanationThe Latin word 'Jurisprudentia' literally means: Knowledge or skill of law.
-
Question 53 of 200
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'.
-
Question 54 of 200
Hart's concept of the 'Rule of Recognition' is used to identify:
ExplanationHart's concept of the 'Rule of Recognition' is used to identify: Valid rules within a legal system.
-
Question 55 of 200
Sir Thomas Erskine Holland defined law as a general rule of external human action enforced by a:
ExplanationSir Thomas Erskine Holland defined law as a general rule of external human action enforced by a: Sovereign political authority.
-
Question 56 of 200
Codification refers to the process of:
ExplanationCodification refers to the process of: Reducing law (often customary or case law) into a systematic written code.
-
Question 57 of 200
The Realist school of jurisprudence primarily focuses on:
ExplanationThe Realist school of jurisprudence primarily focuses on: What courts actually do in practice.
-
Question 58 of 200
The doctrine of binding judicial precedent is also known as:
ExplanationThe doctrine of binding judicial precedent is also known as: Stare decisis.
-
Question 59 of 200
Possession, in legal theory, is generally analyzed as consisting of corpus possessionis and:
ExplanationPossession, in legal theory, is generally analyzed as consisting of corpus possessionis and: Animus possidendi (intention to possess).
-
Question 60 of 200
Which school of jurisprudence emphasizes the relationship between law and society?
ExplanationSociological school — Which school of jurisprudence emphasizes the relationship between law and society.
-
Question 61 of 200
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').
-
Question 62 of 200
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.
-
Question 63 of 200
Who described law as 'social engineering'?
ExplanationRoscoe Pound — Who described law as 'social engineering'.
-
Question 64 of 200
Austin's most famous work is titled:
ExplanationAustin's most famous work is titled: The Province of Jurisprudence Determined.
-
Question 65 of 200
Which natural law thinker argued 'unjust laws are not laws at all' echoing Aquinas and Augustine?
ExplanationMartin Luther King Jr. (in Letter from Birmingham Jail, drawing on this natural law tradition) — Which natural law thinker argued 'unjust laws are not laws at all' echoing Aquinas and Augustine.
-
Question 66 of 200
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.
-
Question 67 of 200
Sir Henry Maine is best known for his historical account of the development of law in his book:
ExplanationSir Henry Maine is best known for his historical account of the development of law in his book: Ancient Law.
-
Question 68 of 200
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.
-
Question 69 of 200
The Hart-Fuller debate primarily concerns:
ExplanationThe Hart-Fuller debate primarily concerns: The connection (or separation) between law and morality.
-
Question 70 of 200
Who is generally regarded as the Father of English Jurisprudence?
ExplanationJeremy Bentham — Who is generally regarded as the Father of English Jurisprudence.
-
Question 71 of 200
The term 'Volksgeist' means:
ExplanationThe term 'Volksgeist' means: Spirit of the people.
-
Question 72 of 200
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.
-
Question 73 of 200
Savigny's theory of possession requires both physical control (corpus) and:
ExplanationSavigny's theory of possession requires both physical control (corpus) and: Mental intention to hold as owner (animus domini).
-
Question 74 of 200
H.L.A. Hart criticized Austin's theory mainly for ignoring the:
ExplanationH.L.A. Hart criticized Austin's theory mainly for ignoring the: Rule-based, normative character of law (primary and secondary rules).
-
Question 75 of 200
Custom that is followed generally throughout a territory is called:
ExplanationCustom that is followed generally throughout a territory is called: General custom.
-
Question 76 of 200
Legal liability generally arises from the breach of a:
ExplanationLegal liability generally arises from the breach of a: Legal duty imposed by law.
-
Question 77 of 200
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.
-
Question 78 of 200
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).
-
Question 79 of 200
Roscoe Pound's theory of law is often summarized as:
ExplanationRoscoe Pound's theory of law is often summarized as: Law as a tool of social engineering.
-
Question 80 of 200
Sir Henry Maine's work is often considered foundational to the:
ExplanationSir Henry Maine's work is often considered foundational to the: Historical and comparative method in jurisprudence.
-
Question 81 of 200
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.
-
Question 82 of 200
Which jurist argued that ancient law codes (like Roman XII Tables) reflect custom already prevailing in society?
ExplanationSir Henry Maine — Which jurist argued that ancient law codes (like Roman XII Tables) reflect custom already prevailing in society.
-
Question 83 of 200
Cicero's contribution to natural law theory includes his statement that true law is:
ExplanationCicero's contribution to natural law theory includes his statement that true law is: Right reason in agreement with nature.
-
Question 84 of 200
Which jurist called jurisprudence 'formal science' as opposed to 'material science'?
ExplanationHolland — Which jurist called jurisprudence 'formal science' as opposed to 'material science'.
-
Question 85 of 200
Who described jurisprudence as 'the eye of law'?
ExplanationSalmond — Who described jurisprudence as 'the eye of law'.
-
Question 86 of 200
Strict liability, as established in Rylands v Fletcher, holds a person liable even without:
ExplanationStrict liability, as established in Rylands v Fletcher, holds a person liable even without: Proof of negligence or fault.
-
Question 87 of 200
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.
-
Question 88 of 200
Duguit rejected the concept of sovereignty and rights, focusing instead on:
ExplanationDuguit rejected the concept of sovereignty and rights, focusing instead on: Social solidarity and social function.
-
Question 89 of 200
Which of the following best defines legal positivism's 'separation thesis'?
ExplanationThere is no necessary connection between law and morality — Which of the following best defines legal positivism's 'separation thesis'.
-
Question 90 of 200
For a custom to be recognized as law, it must generally be, among other things:
ExplanationFor a custom to be recognized as law, it must generally be, among other things: Ancient, reasonable, and continuously observed.
-
Question 91 of 200
Jurisprudence is most commonly described as:
ExplanationJurisprudence is most commonly described as: The science of law.
-
Question 92 of 200
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.
-
Question 93 of 200
Natural law is generally contrasted with positive law because natural law is considered:
ExplanationNatural law is generally contrasted with positive law because natural law is considered: Universal and unchanging, based on reason/morality.
-
Question 94 of 200
A 'legal person' in jurisprudence includes both natural persons and:
ExplanationA 'legal person' in jurisprudence includes both natural persons and: Juristic/artificial persons (e.g., corporations).
-
Question 95 of 200
According to Hart, a legal system consists of a union of primary rules and:
ExplanationAccording to Hart, a legal system consists of a union of primary rules and: Secondary rules.
-
Question 96 of 200
Gray defined law as the rules laid down by:
ExplanationGray defined law as the rules laid down by: The courts for determining legal rights and duties.
-
Question 97 of 200
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.
-
Question 98 of 200
John Austin defined law as the:
ExplanationJohn Austin defined law as the: Command of the sovereign backed by sanction.
-
Question 99 of 200
The maxim 'lex injusta non est lex' means:
ExplanationThe maxim 'lex injusta non est lex' means: An unjust law is not law.
-
Question 100 of 200
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.
-
Question 101 of 200
Ihering defined law as the form of the guarantee of the conditions of life of society, assured by:
ExplanationIhering defined law as the form of the guarantee of the conditions of life of society, assured by: The State's power of constraint.
-
Question 102 of 200
Eugen Ehrlich is associated with the concept of:
ExplanationEugen Ehrlich is associated with the concept of: Living law.
-
Question 103 of 200
The Historical school of jurisprudence is most closely associated with:
ExplanationThe Historical school of jurisprudence is most closely associated with: Friedrich Karl von Savigny.
-
Question 104 of 200
Which of the following is NOT traditionally regarded as a major school of jurisprudence?
ExplanationNOT traditionally regarded as a major school of jurisprudence: Mathematical school.
-
Question 105 of 200
Which of the following is a major criticism of Austin's command theory?
ExplanationA major criticism of Austin's command theory: It ignores customary and constitutional law.
-
Question 106 of 200
According to Salmond, a 'right' necessarily has how many essential elements, including the person of inherence and the person of incidence?
ExplanationAccording to Salmond, a 'right' necessarily has how many essential elements, including the person of inherence and the person of incidence: Five.
-
Question 107 of 200
Savigny believed that legislation should play what kind of role compared to custom?
ExplanationSavigny believed that legislation should play what kind of role compared to custom: A secondary role, mainly to systematize existing custom.
-
Question 108 of 200
Who is regarded as the Father of Analytical (Positivist) Jurisprudence in England?
ExplanationJohn Austin — Who is regarded as the Father of Analytical (Positivist) Jurisprudence in England.
-
Question 109 of 200
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).
-
Question 110 of 200
Jurisprudence helps a lawyer primarily by providing:
ExplanationJurisprudence helps a lawyer primarily by providing: A conceptual framework to understand and interpret law.
-
Question 111 of 200
Legislation as a source of law refers to law made by:
ExplanationLegislation as a source of law refers to law made by: A competent legislative authority/parliament.
-
Question 112 of 200
Julius Stone classified jurisprudence into analytical, sociological and:
ExplanationJulius Stone classified jurisprudence into analytical, sociological and: Theory of justice (ethical/valuational jurisprudence).
-
Question 113 of 200
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.
-
Question 114 of 200
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.
-
Question 115 of 200
Vicarious liability refers to liability imposed on one person for the:
ExplanationVicarious liability refers to liability imposed on one person for the: Wrongful acts of another (e.g., employer for employee).
-
Question 116 of 200
Positivism in jurisprudence essentially means:
ExplanationPositivism in jurisprudence essentially means: Law is what is actually laid down/posited by human authority, separate from morality.
-
Question 117 of 200
Savigny believed the true source of law is found in the:
ExplanationSavigny believed the true source of law is found in the: Common consciousness of the people.
-
Question 118 of 200
The Historical school generally regards custom as:
ExplanationThe Historical school generally regards custom as: A primary and important source of law.
-
Question 119 of 200
Which theory holds that judges do not create law but merely 'declare' pre-existing law (the declaratory theory of precedent)?
ExplanationThe traditional/declaratory theory of judicial precedent — Which theory holds that judges do not create law but merely 'declare' pre-existing law (the declaratory theory of precedent).
-
Question 120 of 200
Maine's classification described law's development through stages including: Themistes (judgments), Customary Law and:
ExplanationMaine's classification described law's development through stages including: Themistes (judgments), Customary Law and: Codification.
-
Question 121 of 200
Hans Kelsen's theory of law is known as the:
ExplanationHans Kelsen's theory of law is known as the: Pure Theory of Law.
-
Question 122 of 200
Austin's theory of law is often called the:
ExplanationAustin's theory of law is often called the: Imperative theory of law.
-
Question 123 of 200
A 'sanction', in Austin's theory, refers to:
ExplanationA 'sanction', in Austin's theory, refers to: An evil or punishment attached to disobedience of a command.
-
Question 124 of 200
Custom that is confined to a particular locality or community is called:
ExplanationCustom that is confined to a particular locality or community is called: Local custom.
-
Question 125 of 200
Salmond defined law as the body of principles recognized and applied by the State in the administration of:
ExplanationSalmond defined law as the body of principles recognized and applied by the State in the administration of: Justice.
-
Question 126 of 200
General jurisprudence deals with principles that are common to:
ExplanationGeneral jurisprudence deals with principles that are common to: Several or all legal systems.
-
Question 127 of 200
The concept of 'absolute liability' as developed in Indian law (M.C. Mehta case) removes the exceptions available under:
ExplanationThe concept of 'absolute liability' as developed in Indian law (M.C. Mehta case) removes the exceptions available under: The rule of strict liability.
-
Question 128 of 200
A 'personal right' (right in personam) is available against:
ExplanationA 'personal right' (right in personam) is available against: A specific determinate person or persons.
-
Question 129 of 200
The Natural Law school believes that law derives its validity from:
ExplanationThe Natural Law school believes that law derives its validity from: Reason, morality, and universal justice.
-
Question 130 of 200
Savigny's theory holds that law originates from the:
ExplanationSavigny's theory holds that law originates from the: Volksgeist (spirit/consciousness of the people).
-
Question 131 of 200
Precedents which create new law where none existed before are called:
ExplanationPrecedents which create new law where none existed before are called: Original precedents.
-
Question 132 of 200
A custom which derives its force from an agreement between parties is called:
ExplanationA custom which derives its force from an agreement between parties is called: Conventional custom.
-
Question 133 of 200
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.
-
Question 134 of 200
The Stoic philosophers contributed to natural law theory by emphasizing:
ExplanationThe Stoic philosophers contributed to natural law theory by emphasizing: Universal reason governing nature and human conduct.
-
Question 135 of 200
Jurisprudence in the widest sense includes the study of law together with:
ExplanationJurisprudence in the widest sense includes the study of law together with: Legal history, legal theory and legal philosophy.
-
Question 136 of 200
The three essential elements of Austin's command theory are command, sanction and:
ExplanationThe three essential elements of Austin's command theory are command, sanction and: Sovereign.
-
Question 137 of 200
Kelsen is associated with which school of legal thought?
ExplanationKelsen is associated with which school of legal thought: Vienna School of Analytical Positivism.
-
Question 138 of 200
Realists who doubted the certainty of legal rules are often called:
ExplanationRealists who doubted the certainty of legal rules are often called: Rule skeptics.
-
Question 139 of 200
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.
-
Question 140 of 200
Blackstone defined law as a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is:
ExplanationBlackstone defined law as a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is: Wrong.
-
Question 141 of 200
According to Hart, the 'minimum content of natural law' is necessary for:
ExplanationAccording to Hart, the 'minimum content of natural law' is necessary for: Human survival and a viable legal/social system.
-
Question 142 of 200
The term 'Jurisprudence' is derived from which language?
ExplanationThe term 'Jurisprudence' is derived from which language: Latin.
-
Question 143 of 200
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.
-
Question 144 of 200
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.
-
Question 145 of 200
The main advantage of legislation over custom as a source of law is its:
ExplanationThe main advantage of legislation over custom as a source of law is its: Certainty, clarity and ease of proof.
-
Question 146 of 200
A statement made by a judge that is not essential to the decision and is not binding is called:
ExplanationA statement made by a judge that is not essential to the decision and is not binding is called: Obiter dictum.
-
Question 147 of 200
The legal maxim 'possession is nine-tenths of the law' broadly reflects the idea that:
ExplanationThe legal maxim 'possession is nine-tenths of the law' broadly reflects the idea that: Possession creates a strong presumption of ownership.
-
Question 148 of 200
According to Austin, laws properly so called are species of:
ExplanationAccording to Austin, laws properly so called are species of: Commands.
-
Question 149 of 200
The 'doctrine of precedent' requires lower courts to follow decisions of:
ExplanationThe 'doctrine of precedent' requires lower courts to follow decisions of: Higher courts within the same jurisdiction.
-
Question 150 of 200
An 'imperfect right' is one that is:
ExplanationAn 'imperfect right' is one that is: Recognized by law but not directly enforceable (e.g., a time-barred debt).
-
Question 151 of 200
Fuller's famous work discussing the inner morality of law is titled:
ExplanationFuller's famous work discussing the inner morality of law is titled: The Morality of Law.
-
Question 152 of 200
Hohfeld's analysis of jural relations distinguishes right, duty, privilege/liberty, power, immunity and:
ExplanationHohfeld's analysis of jural relations distinguishes right, duty, privilege/liberty, power, immunity and: No-right.
-
Question 153 of 200
Austin classified 'laws properly so called' as laws set by political superiors and laws set by:
ExplanationAustin classified 'laws properly so called' as laws set by political superiors and laws set by: Men to other men (not political superiors).
-
Question 154 of 200
Kelsen's 'Grundnorm' refers to the:
ExplanationKelsen's 'Grundnorm' refers to the: Basic norm from which all other norms derive validity.
-
Question 155 of 200
Roscoe Pound defined law as a body of principles recognized in the administration of justice to satisfy:
ExplanationRoscoe Pound defined law as a body of principles recognized in the administration of justice to satisfy: Wants of society through social engineering.
-
Question 156 of 200
The Analytical school of jurisprudence is also known as the:
ExplanationThe Analytical school of jurisprudence is also known as the: Positivist school.
-
Question 157 of 200
Ownership, according to Austin, essentially consists of a right which is:
ExplanationOwnership, according to Austin, essentially consists of a right which is: Indefinite in point of user, unrestricted in point of disposition, and unlimited in duration.
-
Question 158 of 200
Natural law theory heavily influenced the drafting of:
ExplanationNatural law theory heavily influenced the drafting of: Modern human rights instruments and constitutional bills of rights.
-
Question 159 of 200
The Historical school is primarily retrospective, focusing on law's:
ExplanationThe Historical school is primarily retrospective, focusing on law's: Past origin and evolution.
-
Question 160 of 200
Oliver Wendell Holmes famously described law as:
ExplanationOliver Wendell Holmes famously described law as: The prophecies of what courts will do in fact.
-
Question 161 of 200
A 'duty' correlative to a legal right is generally owed by:
ExplanationA 'duty' correlative to a legal right is generally owed by: The person bound to observe or perform the corresponding obligation.
-
Question 162 of 200
Hugo Grotius is often regarded as the father of:
ExplanationHugo Grotius is often regarded as the father of: Modern natural law and international law.
-
Question 163 of 200
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.
-
Question 164 of 200
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.
-
Question 165 of 200
Ihering is often regarded as a founder of the:
ExplanationIhering is often regarded as a founder of the: Sociological school of jurisprudence.
-
Question 166 of 200
According to Austin, a law is a command given by a:
ExplanationAccording to Austin, a law is a command given by a: Superior/sovereign to an inferior.
-
Question 167 of 200
Which of the following is NOT generally considered a formal source of law?
ExplanationNOT generally considered a formal source of law: Personal opinion of a private citizen.
-
Question 168 of 200
Pound classified interests protected by law into individual, public, and:
ExplanationPound classified interests protected by law into individual, public, and: Social interests.
-
Question 169 of 200
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).
-
Question 170 of 200
A corporation sole consists of:
ExplanationA corporation sole consists of: A single person and their successors in a particular office.
-
Question 171 of 200
Puchta, a follower of Savigny, added which idea to the historical school?
ExplanationPuchta, a follower of Savigny, added which idea to the historical school: The role of the State/nation's common consciousness in giving definite shape to law.
-
Question 172 of 200
A 'perfect right' is one that is:
ExplanationA 'perfect right' is one that is: Both recognized and enforceable by law.
-
Question 173 of 200
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.
-
Question 174 of 200
The Historical school's key contribution to jurisprudence is highlighting the importance of:
ExplanationThe Historical school's key contribution to jurisprudence is highlighting the importance of: Continuity, custom and gradual evolution of legal institutions.
-
Question 175 of 200
Precedents which merely apply an already existing rule of law are called:
ExplanationPrecedents which merely apply an already existing rule of law are called: Declaratory precedents.
-
Question 176 of 200
Which jurist argued that even in a democracy, the electorate can be regarded as the sovereign under Austin's theory?
ExplanationAustin himself (via the concept of the 'sovereign body') — Which jurist argued that even in a democracy, the electorate can be regarded as the sovereign under Austin's theory.
-
Question 177 of 200
Which of the following best describes the nature of jurisprudence?
ExplanationThe nature of jurisprudence: An abstract and theoretical study of law.
-
Question 178 of 200
Which of the following is considered a 'source' subject that jurisprudence draws upon?
ExplanationConsidered a 'source' subject that jurisprudence draws upon: Philosophy, history, sociology and ethics.
-
Question 179 of 200
According to Maine, in primitive societies, the individual's rights and duties were fixed by:
ExplanationAccording to Maine, in primitive societies, the individual's rights and duties were fixed by: Status (birth, family, class).
-
Question 180 of 200
Which period is often called the era of the 'revival of natural law' in jurisprudence?
Explanation20th century, especially after World War II — Which period is often called the era of the 'revival of natural law' in jurisprudence.
-
Question 181 of 200
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.
-
Question 182 of 200
Austin divided jurisprudence into:
ExplanationAustin divided jurisprudence into: General jurisprudence and particular jurisprudence.
-
Question 183 of 200
Which jurist is known for the theory of 'social solidarity' as the basis of law?
ExplanationLeon Duguit — Which jurist is known for the theory of 'social solidarity' as the basis of law.
-
Question 184 of 200
Austin's theory has been criticized for not adequately explaining which type of law?
ExplanationAustin's theory has been criticized for not adequately explaining which type of law: Permissive/enabling and customary law.
-
Question 185 of 200
The Scandinavian Realist school includes jurists such as:
ExplanationThe Scandinavian Realist school includes jurists such as: Axel Hagerstrom and Karl Olivecrona.
-
Question 186 of 200
Jurisprudence, as a subject, primarily studies:
ExplanationJurisprudence, as a subject, primarily studies: The fundamental legal concepts and principles underlying law.
-
Question 187 of 200
The binding part of a judicial decision, containing the reasoning essential to the decision, is called the:
ExplanationThe binding part of a judicial decision, containing the reasoning essential to the decision, is called the: Ratio decidendi.
-
Question 188 of 200
The study of law 'as it ought to be' is called:
ExplanationThe study of law 'as it ought to be' is called: Censorial (normative) jurisprudence.
-
Question 189 of 200
Bentham's theory of law and morality is based on the principle of:
ExplanationBentham's theory of law and morality is based on the principle of: Utility (greatest happiness of the greatest number).
-
Question 190 of 200
A 'real right' (right in rem) is available against:
ExplanationA 'real right' (right in rem) is available against: The whole world.
-
Question 191 of 200
H.L.A. Hart's famous debate on the relationship between law and morality was conducted with:
ExplanationH.L.A. Hart's famous debate on the relationship between law and morality was conducted with: Lon L. Fuller.
-
Question 192 of 200
Which jurist is credited with founding legal positivism in its modern analytical form in England?
ExplanationJohn Austin — Which jurist is credited with founding legal positivism in its modern analytical form in England.
-
Question 193 of 200
Kelsen's Pure Theory of Law seeks to free legal theory from:
ExplanationKelsen's Pure Theory of Law seeks to free legal theory from: Political, moral and sociological elements.
-
Question 194 of 200
Which of the following is a criticism of Natural Law theory?
ExplanationA criticism of Natural Law theory: Its principles are vague and their content varies across thinkers and eras.
-
Question 195 of 200
Lon Fuller argued that law must possess an inner morality, often called the:
ExplanationLon Fuller argued that law must possess an inner morality, often called the: Morality of law (procedural natural law).
-
Question 196 of 200
John Austin's approach to jurisprudence is often summarized by the phrase:
ExplanationJohn Austin's approach to jurisprudence is often summarized by the phrase: 'Law is the command of the sovereign'.
-
Question 197 of 200
Ihering's theory of possession, in contrast to Savigny's, focused more on:
ExplanationIhering's theory of possession, in contrast to Savigny's, focused more on: The objective element (corpus), de-emphasizing strict animus domini.
-
Question 198 of 200
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.
-
Question 199 of 200
The Sociological school of jurisprudence primarily studies the relationship between:
ExplanationThe Sociological school of jurisprudence primarily studies the relationship between: Law and society.
-
Question 200 of 200
According to Salmond, jurisprudence is the science of:
ExplanationAccording to Salmond, jurisprudence is the science of: Civil law in its generality.
0 / 200 answered
You can practise as a guest, but sign in to save your score and track your progress.