English Jurisprudence | Law GAT MCQs Test 4

1. Question 1 of 50

   A 'legal person' in jurisprudence includes both natural persons and:

   A Deities only B Juristic/artificial persons (e.g., corporations) C Inanimate objects with no legal capacity D Animals only
2. Question 2 of 50

   Natural law is generally contrasted with positive law because natural law is considered:

   A Purely a product of legislation B Only applicable to criminal matters C Only enforceable by courts D Universal and unchanging, based on reason/morality
3. Question 3 of 50

   According to Salmond, a 'right' necessarily has how many essential elements, including the person of inherence and the person of incidence?

   A One B Two C Ten D Five
4. Question 4 of 50

   The 'doctrine of precedent' requires lower courts to follow decisions of:

   A Higher courts within the same jurisdiction B Foreign courts only C No court at all D Any court in any country
5. Question 5 of 50

   The legal maxim 'possession is nine-tenths of the law' broadly reflects the idea that:

   A Possession is irrelevant to ownership B Custom overrides possession C Possession creates a strong presumption of ownership D Only registered owners have rights
6. Question 6 of 50

   Strict liability, as established in Rylands v Fletcher, holds a person liable even without:

   A Any escape of a dangerous thing B Any damage occurring C A contractual relationship D Proof of negligence or fault
7. Question 7 of 50

   Precedents which merely apply an already existing rule of law are called:

   A Original precedents B Persuasive precedents C Declaratory precedents D Binding precedents only
8. Question 8 of 50

   The doctrine of binding judicial precedent is also known as:

   A Stare decisis B Ratio decidendi C Res judicata D Obiter dictum
9. Question 9 of 50

   Cicero's contribution to natural law theory includes his statement that true law is:

   A Custom of ancestors B Right reason in agreement with nature C The command of the sovereign D The will of the majority
10. Question 10 of 50

    Which natural law thinker argued 'unjust laws are not laws at all' echoing Aquinas and Augustine?

    A Martin Luther King Jr. (in Letter from Birmingham Jail, drawing on this natural law tradition) B Hans Kelsen C John Austin D Roscoe Pound
11. Question 11 of 50

    The binding part of a judicial decision, containing the reasoning essential to the decision, is called the:

    A Obiter dictum B Ratio decidendi C Stare decisis D Res judicata
12. Question 12 of 50

    A 'duty' correlative to a legal right is generally owed by:

    A Only the State B Only the judiciary C The person bound to observe or perform the corresponding obligation D No one in particular
13. Question 13 of 50

    Natural law theory heavily influenced the drafting of:

    A Only criminal procedure codes B Only commercial contracts C Modern human rights instruments and constitutional bills of rights D Only tax legislation
14. Question 14 of 50

    Custom that is confined to a particular locality or community is called:

    A Constitutional custom B General custom C Local custom D International custom
15. Question 15 of 50

    A 'personal right' (right in personam) is available against:

    A The whole world B No one in particular C Every citizen equally D A specific determinate person or persons
16. Question 16 of 50

    A corporation sole consists of:

    A A single person and their successors in a particular office B The judiciary as a whole C Multiple persons only D A partnership only
17. Question 17 of 50

    Vicarious liability refers to liability imposed on one person for the:

    A Wrongful acts of another (e.g., employer for employee) B Wrongful acts of the State only C Breach of custom by a community D Breach of contract by oneself
18. Question 18 of 50

    Natural law theory is generally considered part of the:

    A Purely historical approach B Purely analytical approach C Purely realist approach D Ethical/philosophical approach to jurisprudence
19. Question 19 of 50

    An 'imperfect right' is one that is:

    A Only found in international law B Fully enforceable in all cases C Recognized by law but not directly enforceable (e.g., a time-barred debt) D Not recognized by law at all
20. Question 20 of 50

    Which of the following is regarded as a subordinate/secondary source of law by many jurists?

    A Custom B Juristic writings/professional opinion C Precedent D Legislation
21. Question 21 of 50

    Codification refers to the process of:

    A Abolishing all existing laws B Reducing law (often customary or case law) into a systematic written code C Overruling judicial precedents D Creating custom from scratch
22. Question 22 of 50

    Possession, in legal theory, is generally analyzed as consisting of corpus possessionis and:

    A Custom of the community B Animus domini only C Animus possidendi (intention to possess) D Legislative sanction
23. Question 23 of 50

    Which source of law is regarded as the most direct and deliberate form of law-making?

    A Custom B Juristic opinion C Legislation D Precedent
24. Question 24 of 50

    For a custom to be recognized as law, it must generally be, among other things:

    A Kept secret from the public B Contrary to public policy C Recently created and arbitrary D Ancient, reasonable, and continuously observed
25. Question 25 of 50

    Legal liability generally arises from the breach of a:

    A Moral duty only B Religious obligation only C Legal duty imposed by law D Social custom only
26. Question 26 of 50

    A 'real right' (right in rem) is available against:

    A The State only B The judiciary only C One specific person only D The whole world
27. Question 27 of 50

    The Stoic philosophers contributed to natural law theory by emphasizing:

    A Judicial precedent B The command of political rulers C Universal reason governing nature and human conduct D Historical evolution of custom
28. Question 28 of 50

    The Natural Law school's central concern, unlike the Analytical school, is with law as it:

    A Ought to be (in light of morality/justice) B Functions sociologically only C Was in ancient history only D Is, without reference to morality
29. Question 29 of 50

    Which of the following is a criticism of Natural Law theory?

    A It ignores reason entirely B It denies the existence of morality C Its principles are vague and their content varies across thinkers and eras D It has had no historical influence
30. Question 30 of 50

    A statement made by a judge that is not essential to the decision and is not binding is called:

    A Obiter dictum B Stare decisis C Res judicata D Ratio decidendi
31. Question 31 of 50

    Custom that is followed generally throughout a territory is called:

    A General custom B Conventional custom C Local custom D Legal custom
32. Question 32 of 50

    Savigny's theory of possession requires both physical control (corpus) and:

    A A written deed of transfer B Judicial recognition C Mental intention to hold as owner (animus domini) D Legislative approval
33. Question 33 of 50

    Ihering's theory of possession, in contrast to Savigny's, focused more on:

    A Pure mental intention alone B Custom alone C Legislative definition alone D The objective element (corpus), de-emphasizing strict animus domini
34. Question 34 of 50

    A corporation aggregate is formed by the association of:

    A A number of natural persons united into one body B The State alone C Custom alone D A single natural person only
35. Question 35 of 50

    The main advantage of legislation over custom as a source of law is its:

    A Slow and gradual growth B Total independence from courts C Automatic universal recognition D Certainty, clarity and ease of proof
36. Question 36 of 50

    A 'perfect right' is one that is:

    A Recognized by law but not enforceable B Neither recognized nor enforceable C Enforceable but not recognized by law D Both recognized and enforceable by law
37. Question 37 of 50

    A custom which derives its force from an agreement between parties is called:

    A General custom B Legal custom C Conventional custom D Local custom
38. Question 38 of 50

    Hohfeld's analysis of jural relations distinguishes right, duty, privilege/liberty, power, immunity and:

    A No-right B Custom C Sanction D Precedent
39. Question 39 of 50

    Which theory holds that judges do not create law but merely 'declare' pre-existing law (the declaratory theory of precedent)?

    A The traditional/declaratory theory of judicial precedent B The realist theory C The command theory D The pure theory of law
40. Question 40 of 50

    Which of the following is NOT generally considered a formal source of law?

    A Custom B Personal opinion of a private citizen C Precedent D Legislation
41. Question 41 of 50

    Which period is often called the era of the 'revival of natural law' in jurisprudence?

    A 16th century B 20th century, especially after World War II C 12th century D 5th century BC only
42. Question 42 of 50

    Ownership, according to Austin, essentially consists of a right which is:

    A Limited strictly to possession B Non-transferable C Indefinite in point of user, unrestricted in point of disposition, and unlimited in duration D Temporary and revocable at will
43. Question 43 of 50

    Professional/juristic opinion as a source of law refers to the influence of:

    A Executive orders only B Legislative debates only C Writings and commentaries of learned legal scholars D Religious sermons only
44. Question 44 of 50

    According to Salmond, a legal right is an interest recognized and protected by a rule of:

    A Morality B Law C Custom only D Religion
45. Question 45 of 50

    A custom that has the force of law independent of any agreement between parties is called:

    A Conventional custom B Legal custom C Foreign custom D Moral custom
46. Question 46 of 50

    The Grotian tradition of natural law contributed significantly to the foundation of:

    A Company law B Criminal procedure C International law D Tax law
47. Question 47 of 50

    The concept of 'absolute liability' as developed in Indian law (M.C. Mehta case) removes the exceptions available under:

    A The rule of strict liability B The law of custom C The doctrine of precedent D The law of contract
48. Question 48 of 50

    Precedents which create new law where none existed before are called:

    A Original precedents B Conventional precedents C Declaratory precedents D Persuasive precedents
49. Question 49 of 50

    Legislation as a source of law refers to law made by:

    A Long-standing custom B A competent legislative authority/parliament C Private agreements only D Courts through judgments
50. Question 50 of 50

    A custom that is unreasonable or opposed to public policy is generally:

    A Not recognized/enforced as law B Automatically converted into legislation C Treated as a precedent D Always enforced regardless of reasonableness

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