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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

“Law as such is found and not made. It is to be found in popular faith, common convictions, customs, traits, habits and traditions which in course of time grow into legal rules.”

This concept of law was propounded by

  1. Savigny

  2. Thibaut

  3. Henry Maine

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

According to Savigny, law is not a consciously created phenomenon but is the gradual distillation of the volksgeist (the spirit of the people). Law is found, not made.

Multiple choice

‘Positive Law’ is called positive because it is

  1. followed by everybody

  2. made by a person in authority

  3. made as a result of divine providence

  4. made as a result of collective effort
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society."

Multiple choice

Consider the following statements regarding Natural Law and choose the correct option:

  1. The central notion of natural law is the existence of objective moral principle.
  2. These principles are discovered by reference to legal sources as the Constitution, Codes and so on.
  3. These principles are discovered as the essential nature of man.

  1. 1, 2 and 3 are correct.

  2. 1 and 2 are correct.

  3. 2 and 3 are correct.

  4. 1 and 3 are correct.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Statement 1. The central notion of natural law is the existence of objective moral principle as the point of moral principles is to give ethical structure to the pursuit of these basic goods.  Statement 3. These principles are discovered as the essential nature of man. Moral principles enable us to select among competing goods and to define what a human being can permissibly do in pursuit of basic goods.

Multiple choice

According to Jurists of Analytical School,

  1. custom becomes law after its recognition by the sovereign

  2. custom never becomes law

  3. custom is a law from the very inception of it

  4. customs are only positive morality even after recognition
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

According to Jurists of Analytical School, custom becomes law after its recognition by the sovereign.

Multiple choice

Which of the following could be considered as the advantages of legislation over precedent?

  1. Abrogative power
  2. Foreknowledge
  3. Prospective application
  4. Systematic arrangement

Select the correct answer, using the codes given below:

  1. 1, 2, 3 and 4

  2. 2 and 3

  3. 1, 2 and 4

  4. 1, 2 and 3
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The chief advantages of legisla­tion over precedent are the following:

  1. Legislation is both constitutive and ab­rogative whereas precedent merely possesses constitutive efficacy.
  2. Justice demands that laws should be known before they are applied and enforced by the law courts.
  3. Legislation can make rules in anticipation for cases that have not as yet arisen, whereas precedent must wait for the occurrence of some dispute before the court can create any definite rule of law.
  4. Legislation is superior in form; brief, clear, easily accessible and understandable.
Multiple choice

What is meant by doctrine of eclipse?

  1. Law which violates the fundamental rights is void-ab-initio.

  2. Law which violates the fundamental rights is sometimes valid.

  3. Law which violates the fundamental rights is unenforceable.

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

Right-It is a correct statement. The law which violates the fundamental rights is unenforceable but doctrine of eclipse also says that such law can enforce if the eclipse is removed from this.

Multiple choice

Equalitarians find equality before law as inadequate to uphold the value of equality. Which of the following is assigned as the reason by them?

  1. It does not take into account differences among persons.

  2. It does not take into account the unequal resources and assets that people possess.

  3. It does not take into account that certain talents and skills are undeservedly possessed.

  4. It does not take into account the fact that means of production are concentrated in a few hands which imparts to its owners great influence.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Egalitarians argue that formal equality before the law is insufficient because it ignores the substantive inequalities in resources, wealth, and social standing that individuals bring to the legal system. Without addressing these starting-point differences, the law often reinforces existing social hierarchies.

Multiple choice

Which one of the following statements is not correct?

  1. A Jeremy Bentham preserved the individualist notion of moral autonomy, with priority to individual interests.

  2. Bentham's greatest contribution was in the field of jurisprudence and government.

  3. Bentham considered the powers of the sovereign as indivisible, unlimited, inalienable and permanent.

  4. Bentham argued that a legislator should not take into cognizance factors like people's customs, prejudices, religion and traditions while codifying the law.
Reveal answer Fill a bubble to check yourself
C Correct answer
Multiple choice

Legal equality implies that

  1. the state cannot enact different laws for different groups of people

  2. everybody is equal before the law

  3. there should be equality among equals and inequality among the unequals

  4. there should be no special laws for any category of people
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Legal equality, or equality before the law, means that the law applies to everyone equally regardless of their status, wealth, or position. It ensures that no one is above the law.

Multiple choice

What is 'ubi jus ibi remedium'?

  1. Every law provides for remedies.

  2. There is no wrong without a remedy.

  3. If law is made, then corresponding remedy must also be made.

  4. Every remedy presupposes some injury to somebody.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

'Ubi jus ibi remedium' means for every wrong, the law provides a remedy.

Multiple choice

Law is

  1. the body of principles recognised and applied by the state

  2. the expression of social necessity

  3. the body of rules which controls the external behaviour of men

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

Law is a multifaceted concept that encompasses principles enforced by the state, social necessities, and rules governing human behavior. Therefore, all the provided definitions are valid perspectives on the nature of law.

Multiple choice

The source of law is

  1. custom or usage

  2. religion

  3. legislature

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

Law originates from various sources including long-standing customs, religious texts, and formal legislative acts. All these contribute to the legal framework of a society.