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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

What is the element of the doctrine of proportionality in administrative law?

  1. State measures concerned must be suitable for the purpose of facilitating or achieving the pursued objectives.

  2. The suitable measures must also be necessary, in the sense that the authority concerned has no other mechanism at its disposal. Thus, it is not the method used which has to be necessary, but "the excessive restriction of freedom involved in the choice of method".

  3. The measure concerned may not be disproportionate to the restrictions which it involves. The principle of proportionality has been characterised as “the most important general legal principle in the common market law".

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

The doctrine of proportionality is emerging as another new ground of judicial review of administrative action. With the rapid growth of administrative law and the need and necessity to control possible abuse of discretionary powers by various administrative authorities, certain principles have been evolved by the courts. If an action taken by any authority is contrary to law, improper, unreasonable or irrational, a court of law can interfere with such action by exercising power of judicial review. One of such modes of exercising power is the doctrine of proportionality.

Multiple choice

Which of the following is included in the definition of ‘law’ as provided in Article 13?

  1. Bye-Law

  2. Custom having the force of law

  3. Usage having the force of law

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

Article 13(3)(a) defines 'law' broadly to include Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law. This expansive definition ensures that all forms of subordinate legislation and established customs can be judicially reviewed for constitutional validity - nothing escapes fundamental rights scrutiny.

Multiple choice

Customs are an important source of Hindu Law. One of the following is not a necessary feature of customs.

  1. Uniformity

  2. Certainty

  3. Conformity with public policy

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

For a custom to be valid and recognized in Hindu law, it must have certain essential features: uniformity (consistent application), certainty (clear and definite), antiquity (long-established practice), conformity with public policy, and reasonableness. Since all of these ARE necessary features of custom, 'None of the above' is the correct answer as it indicates that all listed options (Uniformity, Certainty, Conformity with public policy) ARE necessary features of valid custom.

Multiple choice

What is the meaning of ‘lex loci’?

  1. Law of land

  2. Sovereignty is essential for enacting laws

  3. Law of the land is supreme

  4. Crown has supreme authority
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Lex loci is a Latin legal term meaning 'law of the place' or 'law of the land.' It refers to the law of the jurisdiction where an event occurred, a contract was made, or where a legal action takes place. It's a fundamental conflict of law principle.

Multiple choice

The overall tone of the passage is _________.

Directions: Answer the given question based on the following passage:
Laws directly tell us how to behave (or not to behave) under various specific circumstances and prescribe remedies or punishments for individuals who do not comply with the law. It can be defined as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Legal principles are often derived from ethical ones, but legal principles deal more with the practical regulation of morality, or behaviours and activities. Additionally many legal principles deal with the inadequacies and imperfections in human nature, and the less than ideal behaviours of individuals or groups. Legal practices are also affected more by historical precedent, matters of definition, issues related to detectability and enforceability and evolution of new circumstances than are ethical ones.

Law is also defined as a body of enacted or customary rules recognized by a community as binding. The law of the Medes and the Persians were regarded as unalterable. While in ancient times the king laid down the law and the people implicitly obeyed him, in modern times laws are made by legislatures, popularly elected or partially nominated. These laws, whatever their source, are binding injunctions; if they were not binding and if their compliance with them were not obligatory, they would not be laws but mere wishes which could be treated as optional. It is the element of compulsion that distinguishes a law from an ordinary directive or expression of desire. Laws enacted by legislatures have also to be distinguished from laws of nature that indicates regularity and invariable sequence between specified conditions and specified phenomena.

All man–made laws are designed to regulate human conduct in the interest of society. In absence of such rules each person would regard himself free to do what he likes, regardless of impact of his actions on others' corresponding right of freedom of action. In fact, the very existence of society would be endangered if there were no universally recognized laws. A lawless society would mean endless confusion, possibly a reign of terror, and might result in a terrible mess where the only effective law of the jungle. Before regular laws were enacted and enforced, might was right: the physically stronger individual dominated the set–up and the weak person had perforce to surrender to the wishes of the might one or get destroyed. Laws thus enforce justice; provide equal rights and opportunities to everyone, weak or strong, male or female, rich or poor.

 

  1. critical

  2. analytical

  3. explanatory

  4. contemplative

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Correct answer is (2). (1) is incorrect because the main emphasis in passage is on need of laws and the author does not criticize them. (4) is also incorrect because there is nothing meditative about laws and their utility explained here. (3) can be neglected because the topic has been analyzed by the author by way of giving details and finally forming a conclusion which illustrates that (2) is a better answer choice.

Multiple choice

By which of the following options the theme of the passage is best expressed?

Directions: Answer the given question based on the following passage:
Laws directly tell us how to behave (or not to behave) under various specific circumstances and prescribe remedies or punishments for individuals who do not comply with the law. It can be defined as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Legal principles are often derived from ethical ones, but legal principles deal more with the practical regulation of morality, or behaviours and activities. Additionally many legal principles deal with the inadequacies and imperfections in human nature, and the less than ideal behaviours of individuals or groups. Legal practices are also affected more by historical precedent, matters of definition, issues related to detectability and enforceability and evolution of new circumstances than are ethical ones.

Law is also defined as a body of enacted or customary rules recognized by a community as binding. The law of the Medes and the Persians were regarded as unalterable. While in ancient times the king laid down the law and the people implicitly obeyed him, in modern times laws are made by legislatures, popularly elected or partially nominated. These laws, whatever their source, are binding injunctions; if they were not binding and if their compliance with them were not obligatory, they would not be laws but mere wishes which could be treated as optional. It is the element of compulsion that distinguishes a law from an ordinary directive or expression of desire. Laws enacted by legislatures have also to be distinguished from laws of nature that indicates regularity and invariable sequence between specified conditions and specified phenomena.

All man–made laws are designed to regulate human conduct in the interest of society. In absence of such rules each person would regard himself free to do what he likes, regardless of impact of his actions on others' corresponding right of freedom of action. In fact, the very existence of society would be endangered if there were no universally recognized laws. A lawless society would mean endless confusion, possibly a reign of terror, and might result in a terrible mess where the only effective law of the jungle. Before regular laws were enacted and enforced, might was right: the physically stronger individual dominated the set–up and the weak person had perforce to surrender to the wishes of the might one or get destroyed. Laws thus enforce justice; provide equal rights and opportunities to everyone, weak or strong, male or female, rich or poor.

 

  1. The nature and necessity of laws in the human society.

  2. Critical differences between a law and a wish.

  3. What is law and what are its implications?

  4. The binding nature of laws and its repercussions.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Correct answer is (1).

(3) and (4) are incorrect as they go against the essence of the passage. (2) is partially correct because the author has differentiated between law and a wish and now compulsion acts as the distinguishing factor. (1) is correct because it correctly depicts the central idea of author which he portrays throughout this passage.

Multiple choice

Which of these would not be an outcome of absence of laws?

Directions: Answer the given question based on the following passage:
Laws directly tell us how to behave (or not to behave) under various specific circumstances and prescribe remedies or punishments for individuals who do not comply with the law. It can be defined as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Legal principles are often derived from ethical ones, but legal principles deal more with the practical regulation of morality, or behaviours and activities. Additionally many legal principles deal with the inadequacies and imperfections in human nature, and the less than ideal behaviours of individuals or groups. Legal practices are also affected more by historical precedent, matters of definition, issues related to detectability and enforceability and evolution of new circumstances than are ethical ones.

Law is also defined as a body of enacted or customary rules recognized by a community as binding. The law of the Medes and the Persians were regarded as unalterable. While in ancient times the king laid down the law and the people implicitly obeyed him, in modern times laws are made by legislatures, popularly elected or partially nominated. These laws, whatever their source, are binding injunctions; if they were not binding and if their compliance with them were not obligatory, they would not be laws but mere wishes which could be treated as optional. It is the element of compulsion that distinguishes a law from an ordinary directive or expression of desire. Laws enacted by legislatures have also to be distinguished from laws of nature that indicates regularity and invariable sequence between specified conditions and specified phenomena.

All man–made laws are designed to regulate human conduct in the interest of society. In absence of such rules each person would regard himself free to do what he likes, regardless of impact of his actions on others' corresponding right of freedom of action. In fact, the very existence of society would be endangered if there were no universally recognized laws. A lawless society would mean endless confusion, possibly a reign of terror, and might result in a terrible mess where the only effective law of the jungle. Before regular laws were enacted and enforced, might was right: the physically stronger individual dominated the set–up and the weak person had perforce to surrender to the wishes of the might one or get destroyed. Laws thus enforce justice; provide equal rights and opportunities to everyone, weak or strong, male or female, rich or poor.

 

  1. The existence of society would be endangered.

  2. A reign of terror may be created.

  3. Law of the jungle would be effective.

  4. Weak may regularly seek shelter of the powerful.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Correct answer is (4). As informed in last paragraph the author has clearly itemized the possibilities, which shall occur if there were no laws in society. The following line details them  "A lawless society would mean endless confusion, possibly reign of terror, and might result in a terrible mess where the only effective law is law of jungle". (4) is not as per passage because weak have been described being overpowered and their rights undermined by strong in society.

Multiple choice

One of the functions of laws, which is not mentioned in the passage is _________.

Directions: Answer the given question based on the following passage:
Laws directly tell us how to behave (or not to behave) under various specific circumstances and prescribe remedies or punishments for individuals who do not comply with the law. It can be defined as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Legal principles are often derived from ethical ones, but legal principles deal more with the practical regulation of morality, or behaviours and activities. Additionally many legal principles deal with the inadequacies and imperfections in human nature, and the less than ideal behaviours of individuals or groups. Legal practices are also affected more by historical precedent, matters of definition, issues related to detectability and enforceability and evolution of new circumstances than are ethical ones.

Law is also defined as a body of enacted or customary rules recognized by a community as binding. The law of the Medes and the Persians were regarded as unalterable. While in ancient times the king laid down the law and the people implicitly obeyed him, in modern times laws are made by legislatures, popularly elected or partially nominated. These laws, whatever their source, are binding injunctions; if they were not binding and if their compliance with them were not obligatory, they would not be laws but mere wishes which could be treated as optional. It is the element of compulsion that distinguishes a law from an ordinary directive or expression of desire. Laws enacted by legislatures have also to be distinguished from laws of nature that indicates regularity and invariable sequence between specified conditions and specified phenomena.

All man–made laws are designed to regulate human conduct in the interest of society. In absence of such rules each person would regard himself free to do what he likes, regardless of impact of his actions on others' corresponding right of freedom of action. In fact, the very existence of society would be endangered if there were no universally recognized laws. A lawless society would mean endless confusion, possibly a reign of terror, and might result in a terrible mess where the only effective law of the jungle. Before regular laws were enacted and enforced, might was right: the physically stronger individual dominated the set–up and the weak person had perforce to surrender to the wishes of the might one or get destroyed. Laws thus enforce justice; provide equal rights and opportunities to everyone, weak or strong, male or female, rich or poor.

 

  1. redressal of grievances

  2. justice enforcement

  3. regulating human conduct

  4. ensure a peaceful existence of society

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Correct answer is (1).     

(2), (3) and (4) can easily be found in the passage. The author has defined the need of laws as the function to ensure peace in society, enforce justice, regulate human conduct, prevent reign of terror and confusion, etc. Redressal of grievances has not been specifically given in passage as a function of laws in society.

Multiple choice

A unique characteristic of the law of nature is ______.

Directions: Answer the given question based on the following passage:
Laws directly tell us how to behave (or not to behave) under various specific circumstances and prescribe remedies or punishments for individuals who do not comply with the law. It can be defined as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Legal principles are often derived from ethical ones, but legal principles deal more with the practical regulation of morality, or behaviours and activities. Additionally many legal principles deal with the inadequacies and imperfections in human nature, and the less than ideal behaviours of individuals or groups. Legal practices are also affected more by historical precedent, matters of definition, issues related to detectability and enforceability and evolution of new circumstances than are ethical ones.

Law is also defined as a body of enacted or customary rules recognized by a community as binding. The law of the Medes and the Persians were regarded as unalterable. While in ancient times the king laid down the law and the people implicitly obeyed him, in modern times laws are made by legislatures, popularly elected or partially nominated. These laws, whatever their source, are binding injunctions; if they were not binding and if their compliance with them were not obligatory, they would not be laws but mere wishes which could be treated as optional. It is the element of compulsion that distinguishes a law from an ordinary directive or expression of desire. Laws enacted by legislatures have also to be distinguished from laws of nature that indicates regularity and invariable sequence between specified conditions and specified phenomena.

All man–made laws are designed to regulate human conduct in the interest of society. In absence of such rules each person would regard himself free to do what he likes, regardless of impact of his actions on others' corresponding right of freedom of action. In fact, the very existence of society would be endangered if there were no universally recognized laws. A lawless society would mean endless confusion, possibly a reign of terror, and might result in a terrible mess where the only effective law of the jungle. Before regular laws were enacted and enforced, might was right: the physically stronger individual dominated the set–up and the weak person had perforce to surrender to the wishes of the might one or get destroyed. Laws thus enforce justice; provide equal rights and opportunities to everyone, weak or strong, male or female, rich or poor.

 

  1. irregularity

  2. variation

  3. determination

  4. regularity
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Correct answer is (4).

The answer to this question is evident from following line: ''Laws enacted by legislatures have also to be distinguished from laws of nature'' which indicate regularity and invariable sequence between specified conditions and specified phenomena. (1) and (2) can be out rightly rejected as per the above given line. (3) has no reference made to the law of nature.

Multiple choice

Where did the common law system of India originate from?

Directions: Read the following short passage and answer the question. 

Law in India has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law. India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists. Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company.

  1. From the bronze age

  2. From the Vedas and the Upanishads

  3. From the various rulers across the times

  4. From the British colonial rulers of India

  5. .
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

This is the correct answer, as the passage mentions that the common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company. They eventually became our colonial rulers.

Multiple choice

What does the passage mean by the phrase ‘fertile field’?

Directions: Read the following short passage and answer the question. 

Law in India has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law. India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists. Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company.

  1. That the Vedic law system originated from the Vedas and the Upanishads

  2. That some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilisation

  3. That it kept evolving through the times with inputs from all philosophies

  4. Cannot be determined from the passage

  5. .
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

This is the correct answer, as the passage mentions that it is as old as the bronze age and the Indus valley civilisation. The Vedas, the Upanishads and all the religious text from different Hindu philosophical schools, and later by Jains and Buddhists led to its evolving continuously.

Multiple choice

Which kind of precedent creates and applies a new rule of law?

  1. Declaratory

  2. Persuasive

  3. Absolutely authoritative

  4. Original
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An original precedent is one which creates and applies a new rule of law. A declaratory precedent is one which is merely the application of an already existing rule of law.

Multiple choice

Which one of the following is not a source of law?

  1. Custom

  2. Legislation

  3. Usage

  4. Judicial decision
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Custom, legislation, and judicial decisions (precedent) are recognized sources of law. 'Usage' is not a formal source of law - it refers to habitual practices that have not acquired the legal force of custom through long, consistent, and peaceful observance.

Multiple choice

Doctrine of pith and substance relates to

  1. interpretation of statutes to solve the problem of competing legislature in the same field

  2. serve the objectionable portions of the statute that violates Fundamental Rights

  3. interpretation of statutes to solve problems arising out of territorial nexus

  4. interpretation of statutes to solve problems of waiver of Fundamental Rights
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Pith means "true nature" or "essence" and substance means the essential nature underlying a phenomenon. Thus, the doctrine of pith and substance relates to finding out the true nature of a statute. This doctrine is widely used when deciding whether a state is within its rights to create a statute that involves a subject mentioned in Union List of the Constitution.