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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.

Social contract theoryLegal positivismJudicial review argumentsCustomary law elementsRational choice theory

Jurisprudence and Legal Theory Questions

Multiple choice

Administrative law refers to

  1. a body of law which is enforced by specialised administrative tribunals

  2. a body of law which deals with the administration of court processes

  3. a body of law which deals with administrative processes

  4. a body of law which regulates government action

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

(1) Administrative law refers to a body of law which is enforced by specialised administrative tribunals.

Multiple choice

The term "common law" refers to

  1. case law

  2. a source of law based on previously decided cases dealing with similar issues

  3. a source of law based upon precedent

  4. All of the above

  5. None of above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) The term "common law" refers to case laws, previous decided cases and law based on precedent.

Multiple choice

The term "stare decisis"

  1. refers to the precedent system of law behind the common law system

  2. means that the judges must follow decisions from courts in any province in Canada

  3. means that the judges must follow decisions from the Supreme Court of Canada

  4. means that the judges must follow decisions containing similar facts across Canada
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

(1) The term "stare decisis" refers to the precedent system of law behind the common law system.

Multiple choice

Realist theory of law emphasises on

  1. social function of law

  2. human factors in law

  3. social criterion of validity of law

  4. essentiality of law for social life
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(3) Realist theory of law emphasises on social criterion of validity of law.

Multiple choice

Adherence to principles of natural justice includes

  1. giving notice of changes to affected individuals

  2. providing affected individuals with the right to present their case

  3. a requirement that affected individuals have legal representation

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Adherence to principles of natural justice includes giving notice of changes to affected individuals and providing affected individuals with the right to present their case.

Multiple choice

‘Monism’ denotes that the International Law and State Law

  1. represent two entirely distinct legal system

  2. are the concomitant aspects of one system

  3. are not enforceable

  4. are not binding
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

(2) ‘Monism’ denotes that the International Law and State Law are the concomitant aspects of one system.

Multiple choice

Administrative law includes

  1. legislative acts of all levels of government

  2. rules, decisions and directives of public officials, agencies, boards and commissions

  3. clearly established laws that are enforceable through the courts

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) Administrative law includes legislative acts, rules, decisions and directives of public officials, agencies, boards and commissions.

Multiple choice

The law may be defined as

  1. a set of rules that enable people to live together and respect each other's rights

  2. a body of principles recognised and applied by the state to the administration of justice

  3. a statement of circumstances in which the public force will be brought to bear through the courts

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

(4) The law may be defined as set of rules, a body of principles and a statement of circumstances in which the public force will be brought to bear through the courts.

Multiple choice

Assertion (A): According to John Austin, international law is true law and not negative international morality. Reason (R): Three elements in Austin’s definition of law, namely command of the Sovereign, duty of inferiors and sanction incase inferior who commit breach of the command are absent in international law.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true but (R) is false.

  4. (A) is false but (R) is true.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Austin described International Law as positive international morality, consisting of opinion or sentiments current among nations generally. Austin said that Law is the command of sovereign. It imposes a duty and duty is backed by a sanction.

Multiple choice

What was the principle laid down by the Supreme Court in A. K. Kraipak Vs. Union of India?

  1. Rule of law is embedded in Article 14 of the Constitution of India.

  2. Judicial review is a part of the basic structure of the Constitution.

  3. Principles of natural justice are applicable to administrative proceedings.

  4. Post-decisional hearing would be sufficient for the observance of principles of natural justice.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The principles laid down by the Supreme Court in A. K. Kraipak Vs. Union of India is the principle of natural justice that are applicable to administrative proceedings.

Multiple choice

According to Professor Goodhart, a ratio decidendi of a case is

  1. the principle of law laid down in a decision which is the decisive element

  2. the conclusion reached by the judge on the basis of the material facts of the case

  3. the reason given by the court for its decision

  4. any opinion of the court on a question of law
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

According to Professor Goodhart, a ratio decidendi of a case is the conclusion reached by the judge on the basis of the material facts.

Multiple choice

Which of the following statements is correct?

  1. Laws consist of rules in accordance with reason and nature has formed the basis of imperative law.

  2. Natural law is a type of command.

  3. Law, according to positivist, is made through medium of courts.

  4. Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule.