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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.

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Jurisprudence and Legal Theory Questions

Multiple choice

A right available against world at large is

  1. In personam

  2. In rem

  3. In pleno

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

A right in rem binds the world as opposed to rights. Thus a right available against world at large is right in rem.

Multiple choice

Which class of rights protects the freedom of an individual from infringement by government and private organisations?

  1. Claim rights

  2. Liberty rights

  3. Civil rights

  4. Natural rights

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

Civil and political rights are a class of rights that protects freedom of an individual from infringement by government and private organisations and ensures his ability to participate in the civil and political life of the state without discrimination or repression.

Multiple choice

Assertion (A): The Doctrine of Eclipse provides for the validation of Pre-Constitution Laws that violate fundamental rights upon the premise that such laws are not null and void ab initio, but become unenforceable only to the extent of such inconsistency with the fundamental rights Reason (R): The Doctrine of Eclipse is applicable to pre-existing laws only.

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

  2. Both (A) and (R) are true and (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
  1. Article 13 provides that any law which was made before the commencement of the constitution must be consistent with Part III of the constitution. If any statue is inconsistent with the provisions of Part III of the constitution, such statue shall become void. It is held to be applied to only the pre-constitutional laws and not to be post constitutional laws. Both statements are individually true and R explains A correctly.
    1. R is the correct explanation of A. Thus, it is an invalid option.
    2. Doctrine of Eclipse deals with pre-constitutional law Article 13(1). Thus, R is true.
    3. Pre-existing law at the same time, such statue shall not be treated as dead unless it is abolished by the Parliament. It will be treated as dormant or remain eclipsed to the extent it comes under the shadow of the fundamental rights.
Multiple choice

What is the thematic highlight of the passage?

  1. The ruling class and the people with power decide the laws and the punishment.

  2. Morality and crime are two different things and a crime cannot be said to be amoral because the basis of the criminal statutes is not morality.

  3. Crime cannot be demarcated into good or bad, or right or wrong; it depends on the beliefs of the society prevalent at that time.

  4. Things that are forbidden are not necessarily evil and do not demand a punishment for the same; it depends more on the whims of the ruling class.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Sentence '3' takes both the important aspects given in the passage: i) crime cannot be demarcated into good or bad, ii) depends on the beliefs of the society prevalent at that time; sentence '5' is rather extreme. Amoral is not the same thing as immoral.

Multiple choice civics social problems of india and challenges social problems and solutions towards a bright future struggles for equality

Legal scholars argue that when "justice" is interpreted too broadly, the concept becomes , easily changed and controlled by outside forces.

  1. Malleable

  2. Influential

  3. Coherent

  4. Felicitous

  5. Prosaic
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation
"Malleable" signifies able for being changed or controlled. 
"Malleable" legitimately portrays a "justice" that can be modified by outside forces.
 An "influential" idea is one that changes outside powers, not one that is changed by outside powers. 
"Coherent" signifies clear. It looks bad to infer that an idea can be effectively changed or controlled on the grounds that it is clear.
 "Felicitous" signifies appropriate or especially proper to a circumstance. In the event that something is appropriate, it looks incorrect to depict it as effectively changed or controlled. 
"Prosaic" signifies usual or ordinary. A common idea may be an idea that is effectively changed or controlled, however, it isn't really so.
Multiple choice introduction of business laws business law and contract act business studies

The chief sources of English law are

  1. Common law

  2. Law merchant

  3. Principle of equity

  4. Common law, law merchant, principle of equity & statue law
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

English law is historically derived from a combination of common law, the law merchant, principles of equity, and statute law. All these elements contribute to the foundation of the English legal system.

Multiple choice political science transgender / third gender transgender achieving equality moving towards equality

Why human laws need to be changed?

  1. For betterment of the civic life

  2. Its need for the day as situation changes

  3. Both A and B

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

Human laws need to be changed with changing conditions. As the situation changes accordingly laws of civic life changes. It helps in progressing our society as well as country.

Multiple choice geography the world after world war - ii basics of european union trade and trade organisations trade

What is meant by the 'legal base' of an EU measure?

  1. The draft measure proposed by the European Commission

  2. The Treaty article conferring the power to legislate in a particular area

  3. Both a and b

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

EU measures, generally comprising secondary legislation, can only be adopted by the EU institutions if the Treaty confers on them the power to legislate in the relevant area. The 'legal base' of an EU measure is the Treaty article conferring that power. The Treaty article forming the legal base also sets out the procedure and the voting requirements in the Council - unanimity, simple majority, or qualified majority - for the adoption of the legislation.

Multiple choice social studies directive principles of state policy and fundamental duties directive principles and fundamental duties fundamental duties fundamental duties and directive principles

The enforcement of Directive Principles depends most on _____________.

  1. the Courts

  2. an effective opposition in Parliament

  3. resources available to the Government

  4. public cooperation
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option C is the correct answer. The enforcement of Directive Principles depends most on resources available to the Government. The Directive Principles are covered from Article 36 to Article 51 of the Indian Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 

Multiple choice social studies directive principles of state policy and fundamental duties directive principles and fundamental duties fundamental duties fundamental duties and directive principles

Which of the following statements about the Directive Principles is not true?

  1. They help in realizing the concept of welfare state.

  2. It is a list of functions that the states should undertake for welfare of people.

  3. They are borrowed from the Russian Constitution.

  4. They cannot be enforced through courts.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Directive Principles of State Policy are borrowed from the Irish Constitution. They are general guidelines for the state to be undertaken for the welfare of people. They are non-justiciable and non-enforceable in nature.

Multiple choice political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

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 the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. It is binding on the entire land and its people to which it belongs.

Multiple choice political science understanding laws rural administration evolution and structure of indian judiciary importance of laws

The laws that are applied in the same manner to all, regardless of a person's status is termed as _______________.

  1. Rule of law

  2. Seperation of powers

  3. Laws and rules

  4. Due process of law
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

"Rule of Law" is the foundation of any democracy. It means no person is above the law. The law applies in the same manner, regardless of a person's status. Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because of he or she happens to be an important person.