Law Legal Studies · Civics Polity

Jurisprudence and Legal Theory

1,711 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

Jurisprudence is

  1. the systematic study of nature

  2. lawyer's extroversion

  3. study of Government's behaviour

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

Jurisprudence is the philosophy or theory of law - the systematic and scientific study of legal concepts, principles, and systems. While 'lawyer's extroversion' is an unusual phrase, in this context it suggests the outward-facing, systematic study of law beyond mere practice.

Multiple choice

The interest theory of legal rights is propounded by

  1. Durkeim

  2. Dicey

  3. Paton

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

Rudolf von Ihering, the German jurist, propounded the interest theory of legal rights, which views rights as legally protected interests. This contrasts with the will theory (rights as protected wills).

Multiple choice

Opinio juris sive necessitatis means

  1. opinions of jurists are a necessary evidence for determining rules of international custom

  2. opinions of jurists are not necessary for ascertaining the rules of international law

  3. feelings on the part of the State than in actions as they do, are fulfilling a legal obligation

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

Opinio juris sive necessitatis (an opinion of law or necessity) or simply opinio juris (an opinion of law) is the belief that an action was carried out because it was a legal obligation.

Multiple choice

'Legal Right' is an interest

  1. recognised by law

  2. protected by law

  3. Both (1) and (2)

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

Legal Right is a right bestowed onto a person by a given legal system. Legal rights are rights which exist under the rules of legal systems or by virtue of decisions of suitably authoritative bodies within them. Violation of legal right is punishable.

Multiple choice

Law means

  1. the entire body of rules in a state.

  2. a particular law

  3. the rules of morality

  4. the rules of natural justice
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

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

Multiple choice

Ratio decidendi may be defined as

  1. statement of law applied to the legal problems disclosed by facts

  2. finding of material facts, direct and inferential, based on earlier case law

  3. Both (1) and (2)

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

Ratio decidendi is a principle, namely the general reasons given for the decision or the general grounds upon which it is based, detached or abstracted from the specific peculiarities of the particular case which gives rise to the decision.

Multiple choice

Law is an instrument of

  1. social deviance

  2. social change

  3. social status

  4. social exculpation
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Law can be an instrument of social change. Introduction law is an important mechanism for regulating society. It also brings about amazing social change. Social change means there is must change in social structure. Social structure can be understood as nature, social behaviour, social relations, social organisations or community of people.

Multiple choice

According to realists, the law is

  1. legislation

  2. custom

  3. command of sovereign

  4. what the judges decide
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

According to realists, the law is what the judges decide.

Multiple choice

Natural law is

  1. the idea that law is based on certain immutable principles intrinsic to human beings

  2. the law of natural phenomena

  3. the idea that law is natural

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

Natural law is a philosophy that certain rights or values are inherent by virtue of human nature and universally cognisable through human reason.

Multiple choice

In Jurisprudence, ‘Bracket theory’ is related with

  1. fundamental duty

  2. legal personality

  3. ratio decidendi

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

In Jurisprudence, ‘Bracket theory’ is related with legal personality. According to Ihering, the conception of corporate personality is essential and merely an economic device by which we can simplify the task of coordinating legal relations.

Multiple choice

According to the theory of ‘social utilitarianism’ as propounded by Ihering,

  1. the greatest number of people should get the greatest pleasure

  2. law is a means to an end

  3. the balance is to be struck between the competing interests in society

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

Ihering elaborated the relation of law to social change. Even more influential in the 20th century was his law as a means to an end, which maintained that the purpose of law was the protection of individual and societal interests by coordinating them and thus minimising occasions for conflict. 

Multiple choice

Which of the following theories is/are the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty, but to protect the innocent spouse?

  1. Fault theory

  2. Consent theory

  3. Breakdown theory

  4. Both (2) and (3)
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Under the fault theory or the offence theory or the guilt theory, marriage can be dissolved only when either party to the marriage has committed a matrimonial offence. 

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

Who among the following can take the plea of ignorance of Indian law?

  1. Indian citizens

  2. Foreigners

  3. Indian citizens abroad

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

Correct Answer: None of these You are not permitted to plead ignorance as a defence to escape the rigors of law. If it was so, it would be very easy for any person to put forward ignorance as a defence, though he was aware of the law and its consequences.