Fundamentals of Jurisprudence
Core concepts in legal philosophy including legal positivism, major jurisprudential theorists, theories of law, and fundamental legal concepts
Questions
According to Hart, law is the union of primary and secondary rules. Which of the following are not one of the secondary rules?
- Rules of recognition
- Rules of change
- Rules of adjudication
- Rules of interpretation
X has transferred his property in favour of Y. X has exercised his
- liberty
- right
- power
- authority
A works for B under a contract. A’s right to get remuneration from B is
- right in rem
- right in personam
- right in propria
- right in aliena
Who said that the movement of progressive societies has hitherto been from status to contract?
- Von Savigny
- Puchta
- Hegel
- Henry Maine
Who had propounded 'social contract' theory in terms of 'general will'?
- Hobbes
- Locke
- Rousseau
- Montesquieu
The two elements of corpus and animus are necessary for
- commencement of possession as well as for continuance of possession
- commencement of possession, but possession will continue even if one or both the elements are lost
- commencement of possession, but only animus is required for continuance of possession
- commencement of possession, but only corpus is required for continuance of possession
Who said that the end of law should be to satisfy a maximum of wants with a minimum of friction and waste?
- Fuller
- Pound
- Ihering
- Duguit
'Negligence essentially consists in mental attitude of undue indifference with respect to one’s conduct and its consequences'. This statement represents
- objective theory of negligence
- subjective theory of negligence
- organic theory of negligence
- psychological theory of negligence
According to Salmond, malice in law means an act done
- with ill-will or spite
- out of jealousy and prejudice
- with wrongful intention
- out of revenge
Volksgeist is associated with
- Hegel
- Von Savigny
- Plato
- Kant
Who is the author of 'Taking Rights Seriously'?
- Fuller
- Ronald Dworkin
- Joseph Raz
- Dennis Lloyd
What is positivism?
- The approach to the study of law according to which only laws posited by their rightful creators are valid
- The approach to the study of law according to which all moral, social or legal norms are part of law
- The approach to the study of law according to which only laws democratically enacted are valid
- None of these
'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?
- Salmond
- Chipman Gray
- Hart
- Hans Kelsen
What is utilitarianism?
- A philosophical approach according to which laws are valid only if they benefit the greater good
- The idea that all individuals should benefit equally from law's usefulness
- The idea that the collective good prevails over individual rights
- None of these
According to one of the theories of Corporate Personality, only human beings can properly be called persons and therefore, juristic persons have no real personality. Identify this theory from among the following.
- Bracket theory
- Fiction theory
- Realist theory
- Kelsen’s theory