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Jurisprudence and Legal Theory

1,764 Questions

This hub offers a comprehensive set of questions on jurisudence, legal theories, and the sociology of law. Topics include social contract theory, legal positivism, and judicial review, which are vital for law entrance examinations. Review these explanations to strengthen your foundational legal reasoning skills.

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Jurisprudence and Legal Theory Questions

Multiple choice softskills communication

The American society relies heavily on the legal system because

  1. Rules and structure are needed for society to function efficiently

  2. Americans do no trust other people easily

  3. Lawyers have traditionally played a central role in society.

  4. All of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The American legal system provides the framework for orderly society, commerce, and dispute resolution. Americans rely on laws and contracts because they create predictable rules that enable efficient functioning of complex systems. Option B presents a cynical view not supported by evidence - Americans do trust others within legal frameworks. Option C confuses symptom with cause - lawyers are prominent because legal structures are essential, not vice versa.

Multiple choice softskills communication

legislate (v.):

  1. To make or enact a law or laws.

  2. To assign as a quality or attribute.

  3. Translate freely.

  4. To rouse to a particular action.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

'Legislate' means to make, enact, or pass laws. It refers to the formal process of creating laws through a legislative body. A legislature legislates; this is the verb form of 'legislation' (n.) and 'legislative' (adj.). Option A correctly identifies this law-making function.

Multiple choice

Unlike a lawful society, an unlawful society follows:

Directions: Choose the most correct option based on the given reading.

Laws lay down the rules by which people in a society should behave with each other and with the state or nation. Many philosophers have tried to explain the reasons for our laws and their beginnings. However, all agree that without laws our society would be lost. If people were free to follow just their own wishes, then there would have been too much pain and confusion. Stronger people would have hurt, robbed, or cheated others without any fear. It would become a miserable animal life with violence ruling the day. The only law then would be the law of the jungle. People would have feared each other and love, respect, and friendship would have taken a back seat. Peace and order in our society can be there only with just laws that are properly followed by everybody. Without peace, our society cannot progress.

  1. the law of the village

  2. the law of the town

  3. the law of the jungle

  4. the law of the nation
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

 The passage states that in the absence of laws, the only law would be the law of the jungle. 

Multiple choice

If there were no laws in a society, there would be

Directions: Choose the most correct option based on the given reading.

Laws lay down the rules by which people in a society should behave with each other and with the state or nation. Many philosophers have tried to explain the reasons for our laws and their beginnings. However, all agree that without laws our society would be lost. If people were free to follow just their own wishes, then there would have been too much pain and confusion. Stronger people would have hurt, robbed, or cheated others without any fear. It would become a miserable animal life with violence ruling the day. The only law then would be the law of the jungle. People would have feared each other and love, respect, and friendship would have taken a back seat. Peace and order in our society can be there only with just laws that are properly followed by everybody. Without peace, our society cannot progress.

  1. no traditions

  2. no human life

  3. too much confusion

  4. too much love, respect and friendship
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

 The passage state that in the absence of laws, people would do as they want, and it would lead to too much pain and confusion.

Multiple choice

In the absence of laws, life would become a/an

Directions: Choose the most correct option based on the given reading.

Laws lay down the rules by which people in a society should behave with each other and with the state or nation. Many philosophers have tried to explain the reasons for our laws and their beginnings. However, all agree that without laws our society would be lost. If people were free to follow just their own wishes, then there would have been too much pain and confusion. Stronger people would have hurt, robbed, or cheated others without any fear. It would become a miserable animal life with violence ruling the day. The only law then would be the law of the jungle. People would have feared each other and love, respect, and friendship would have taken a back seat. Peace and order in our society can be there only with just laws that are properly followed by everybody. Without peace, our society cannot progress.

  1. ignorant life

  2. animal life

  3. routine life

  4. cheated life
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

 The passage states that in the absence of laws, our life will become a miserable animal life.

Multiple choice

’Due Process of law’ means

  1. fair legal proceedings

  2. judicial intervention

  3. legal approval

  4. legal enactment
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

’Due Process of law’ means fair treatment through the normal judicial system. Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way.

Multiple choice

The most important instrument of legal reform is

  1. custom

  2. legislation

  3. writings of legal experts

  4. none of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Law reform or legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency. The most important instrument of legal reform is legislation.  

Multiple choice

Law means

  1. justice

  2. rules of human conduct

  3. what is right and just

  4. all the above
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Law means body of rules and principles governing the affairs of a community and enforced by a political authority. 

Multiple choice

A law passed by a state on a concurrent subject gets precedence over the central law if

  1. it was passed earlier than the central law.

  2. it was passed by the State Legislature and approved by the President.

  3. the Supreme Court so decides.

  4. the majority of the State Legislature so decides.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A law passed by a state on a concurrent subject gets precedence over the central law if it was passed by the State Legislature and approved by the President.

Multiple choice

What is positivism?

  1. The approach to the study of law according to which only laws posited by their rightful creators are valid

  2. The approach to the study of law according to which all moral, social or legal norms are part of law

  3. The approach to the study of law according to which only laws democratically enacted are valid

  4. All of the above

  5. None of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

(1) Positivism studies law in the sense of norms produced by the people who are entitled to create them, irrespective of the democratic nature of the law-making institutions.

Multiple choice

Statutes are

  1. cases decided by judges in Canada

  2. laws established by governing bodies in particular jurisdictions

  3. laws which determine the power of the federal and provincial governments

  4. laws which outline the rights of individuals in a province

  5. All of above
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) Statutes are laws established by governing bodies in particular jurisdictions.

Multiple choice

What is jurisprudence?

  1. The study of legal decisions

  2. All intellectual enquiries about law

  3. The study of what law is

  4. All of the above
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) Jurisprudence includes the value of the law and is not only how the law works or what the law is.

Multiple choice

What is analytical jurisprudence?

  1. The critical analysis of legal decisions

  2. A sociological method to analyse legal systems

  3. The study of what the law is

  4. All of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) Analytical jurisprudence is dedicated to establishing what the law is.

Multiple choice

What is natural law?

  1. The law of natural pheonmena

  2. The idea that law is based on certain immutable principles intrinsic to human beings

  3. The idea that law is natural

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) The philosophy of natural law does not see law as an emanation of nature, but as a social necessity which reflects universal principles grounded on the nature of human beings.