JURISPRUDENCE LANDEFP

MULTIPLE CHOICE QUESTIONS

Answer in bold

was the
1. Who said that "rights spring from 4. Who said that Jurisprudence
right" ? first social science to be born

(a) Austin (a) Blackstone

(b) Blackstone (b) Savgny

(c) Coke (c) Wurzel
(d) Morris
(d) Allen

a theory of law 5. It is the essential function ofthe

2 According to and to administer the justice
must deal with the law "as it is"
(a) State
not as "it oughtto be"
(b) Executive
(a) Kelsen
(c) Legislature
(b) Kant Citizens of India
(d)
(c) Bentham
was accepted
(d) Austin. 6. In primitive societies, it
that that law and religion can
Pound says
Roscoe
3. (a) Not be distinguished
Jurisprudence is Be distinguished
of law, using
the (b)
A science (c) Be identified
(a) sense,
tem of law in judicial Not be avoided
(d)
as denoting body of principles
or
enforce by In the c a sse
offenders
e ofjuvenileoffenders,.
recognized
in 7. n
theory of law is being adopted
tribunals
and regular
public
administration of justice.
Preventive
of all e s s e n t i a l
(a)
S c i e n t i f i c symthesis b) Deteirent
(b) principles of law. (c) Reformative
endeavors to
which of the above
A science (d) Any one
(c) ascertain the fundamental

which is
law is the is the right
of which
8.
principles whole world.
available against the
expression.
of
method study not
(a) Fundamental right
particular
(d) A but of the (b) Natural right
country
law of
one

of law itself.
notion
general
JURISPRUDENCE

Questíons On
Choice
Multiple
 of
13. Law carries in its core the idea
Right in personam
c
(d) Right in rem (a) Immunity
( Liberty
9 Legislature is presumed
(c) Power
(a) To have used appropnate words to (d) Obligation
express its intention

To have knowledge of English 14. The purpose of analytical

(b)
language and grammer jurisprudence is to analyze the
To have no knowledge of judicial principles of law
(c)
pronouncements (a) Without reference to their
(d) Both (a) and (b) above historical origin, ethical
significance or validity.
10. According to Gray, Jurisprudence is
(b)Without reference to theeir
historical origin, but with
(a) Science of law, the statement reference to their ethical
and systematic arrangement significance and validity.
of the rules followed by the (c) With reference to their histoncal
Courts and the principles origin, ethical significance and
involved in those rules. validty.
(b) Scientific symthesis of all essential (d) None of above.
principles of law.
A science which endeavors to 15. Right to reputation is
ascertain the fundamental (a) Right in rem
principle of which law is the (b) Right is personam
expression (c) Right in re aliena
(d) A particular method study, not of (d) None of the above
law of one country, but of the
general notion of law itself. 16 Article of Constitution of India
contains the Doctrine of Precedent
11. Ancient Hindu Law says that
possession and ownership are
(a) 32
conceptions
(b) 139
(a) Same (c) 141
(b) Different
(d) 227.
(c) Identical
(d) Similar 17. According to the common law
is essentially a judge-made law
12. The distinction between rule
creating (a) Pound
the power and the rule
creating the
duty lies in the (b) Savigny
(a) Rule itself, (c) Salmond
(b) Statute under which rule has been (d) Holland
formulated, 18. It is presumed that the legislature
(c) Circumstances, does not intend to create
(d) Judicial interpretation of the
rule. (a) Absurdity
(b) Hardship
Multiple Ghoice Quact
 Conventions of Parliarnent
(c) Inconvenience (b)
(d) Any one of above. (c) Parliarnentary history
(d)Legisiativeintent
19 Who wrote Taking Rights visible
Seriously"? 25. A corporeal property is
and tangible
(a) Fuller
(b) Ronald Dworkin (a) Sometimes.
(c) Joseph Raz (b) Always,
(d) Dennis Llyod (c) Never
(d) Depends.
20. The matters like health, welfare,
economics were the 26 A lower Court is bound to follow a
education, and
concern of the state prior to the precedent
nineteenth century (a) Yes,
(a) Correct statement (b) No,
(b) Incorrect statement (c) Depends.
(d) Only in certain cases
(c) Partly corect statement
(d) Partly incorrect statement
27. A civic society' is said to comprise
21.
21 Which of the following social (a) Territory
of
sciences was born first (b) Perpetuity with a measure

independence
(a) Jurisprudence Culture as manifested in its art,
(b) Sociology (c)
philosophy, law, morality, religion,
(c) Psychology
fashion and opinion.
(d) Philosophy
(d) All above
22. Which of the following correctly
28. A legal system develops within and
describes a "society"
around the of a community.
(a) An association of people,

(b) A company of human being. (a) Philosophy.

(c) An association of people with (b) Psychology,
a measures of permanence (c) Morals
None of above. (d) Ethics.
(d)

23. The natural law postulates were 29. Positivists are the founders of
shown to be Analytical School of Jurisprudence
(a) Without foundation.
(b) The products of extrapolation (a) True,
(c) With foundation (b) False
Both (a) and (b) above (c) Partly true,
(d)
(d) Partly false.
While construing a statute, it is
24 inference of
necessary to ascertain from the 30. Possession leads to an

words usedin the language itself

(a) Historical facts and surrounding (a) Right,
circumstances. (b) Liability.

Multiple Choice Questions On JURISPRUDENCE 3

 (b) Isolated,
(c) Ownership, (c) Distinguished.
(d) Property. (d) Included.

31. Article of the Constitution says positivist movement

by the Apex 37. he
that the ratio laid down Commenced in
Court shall be binding on all Courts
(a) Nineteenth century,
of the Country
(b) Eighteenth century.
(a) Article 32
(c) Seventeenth century.
(b) Article 226, (d) Sixteenth century.
(c) Article 141,
(d) Article 153.
38.
38. The book entitled "The Concept of
32. It was during the time of that Law" was authored by
the word Jurisprudence" began to (a) Savigny.
acquire a technical significance (b) Kant,
among English lawyers (c) Hat
(a) Prof. Hart, (d) Kelsen
(b) Bentham and Austin,
39 In view of the positivists, the concept
(C)Gray.
of law is to t h e laws preciselyY
(d) Blackstone.
for the purposes of the present
33. Jural contradictory among various (a) Satisfy.
concepts of right duty relationship (b) Identify,
was explained. (c) Separate,
(a) G.W Williams (d) Combine.
(b) Hart
40. Bentham concluded that an ideal
(c) Blackstone
(d) Hohfeld code must consist of laws which can
be jurisprudentially analyzed and its
34. Which of the following is the mode branches should be
of Social Control_ separated
(a) Law and morality. (a) Civil and Administrative
(b) Religion, (b) Civil and Penal,
(c) Fashion and opinion. (c) Penal and Administrative
(d) All above. (d) Judicial and Quasi-Judicial
35. According to Maine, the first jurist to 41. When a master temporarily hands
proceed on historical method was Over to his servant a thing. the
(a) Freidman servant thereby gets and not the
(b) Dicey possession
(c) Montesquieu, (a) Authority
(d) Salmond. (b) Entitlement to sue and be sued in
respect of such thing,
36. Prof. H.LA. Hart has morality
from his concept of law
(c) Title
(d) Custody
(a) Excluded,

4
Multiple Choice Questions On JURISPRUDENCE
42. Bentham advocated impere
an 48. A corporation "perpetually enjoys
theory of law in which the y legal
Concepts are
(a) Conormity
(a) Soveieignty (b) Existence
(b) Command (c) Continuity
(c) Both (a) and (b) (d) Compliance
(d) None of above
49. Who amongst the following treats
43. The interest protected against whole "right as "trump card" ?
word is called (a Alleen
(a) Right in rem (b) Duguit
(b Right in personam (c) Dworkin
(c) Right in piopna (d) Pollock

(d) Incoporeal inght 50. The jural correlative of "immunity" is_

44. Which of the following theories (a) Duty
relating to legal rights has been (b) Liability
propounded by Ihering? (c) Disability
(d) Power
(a) Will Theory
(b) Concession Theory 51. If Supreme Court differs from a
(c) Realist Theory
judgement of a High Court and takes
(d) Interest Theory a contrary view, the impugned
exposition pioneered by judgement of High Court
45. The
Bentham and developed by Austin, (a) Still survives
has dominated English legal thought (b) Stands overruled
(c) Does not lose its authority as
ail through
precedent
(a) Philosophical
(d) Remains unaffected
(b) Analytical
(C) Historical
52. Jurisprudence is the scientific
(d) Sociological synthesis of the essential principles
of law' according to
46. A duty that exists only for the
enforcement of other duties is a
(a) Austin
(b) Allen
duty
(c) Savigny
(a) Social
(d) Hart
() Moral
(c) Prmary 53. According to Marx, the is an
which the
(d) Secondary engine of compulsion by
economic rulers keep the workers
in
to
47. Bentham has used the term
subjection
refer to his concept of law
(a) Law,
(a) Equity.
(b) Religion,
(b)Justice (c) Organization.
(c) DiscIetion,
(d) State
(d) Mandato.

la Cugice Questions On JURISPRUDENCE

 in order to discover the nature and
54. says that duties should not reach 59.
too far beyond accepted moral principles of universaB validity, the
turned away from the reaiities
ideas, if they are to command
respect of actual law
(a) Pound (a) Philosophical theory
(b) Buckland (b) Natural theoryy
(c) Hart (c) Historical theory
(d) Allen (d) Analytical theory
55. The process of interpretation 60. Actual possession implies a right to
commences only when the words retain unless otherwise is proved
employed in the language are and to that extent a is
suSceptible to more than one presumed to be owner
meaning (a) User
(a) True (b) Successor
(b) False (c) Bailor
56. The following is the matter for
(d) Possessor
jurisprudential study 61. Dicey said that sovereigns are of two
(a) Relationship between law and kinds, viz
morality (a) The State sovereign and the legal
(b) Relationship between law sovereign
morality and religion. (b) The State sovereign and the
(c) Relationship between law political sovereign
morality. religion and fashion. (c) The political sovereign and the
(d) Relationship between law, legal sovereign,
morality, religion, fashion and (d) All above
opinion.
62. According tothe society is a more
57. Many duties, liabilities and orless self-sufficient association of
disabilities prescribe and regulate, persons, who in their mutual
howshould utilize his property relations recognize as
for the benefit of other individuals or certain rules of conduct binding
society specifying
a system of cooperation
(a) A judgement-debtor (a) Hat.
(b) A tenant, (b) Montesquieu
(c) Occupant (c) Rawls
(d) An owner
(d) Morris
58. According to there could be no 63. Who has rejected the
concept of
reform of substantive law without
reform of its structure
right as "immoral and against the
interest of the society" ?
(a) Austin
(b) Hart
(a) Laski
(c) Benthamn (b) Duguit
Kelson
(c) Buckland
(d)
(d) Jenks
6
Multiple Choice Questions On
JURISPRUDENCE
64. isthe law enacted by thne (d) Philosophical
competent Legislature
70. The school considered
(a) Custom, that
aw is a sOcial phenomenon
(b) Precedent
(a) Historical School
(c) Legislation,
(d) Ethics (b) Sociological School
(c) Realist School
65. The expression meanS (d) Analytical School
knowledge or skill in law_
71. The Positivists maintain thatlaws are
(a) Juris prudential commands of sovereign
(b) Jus cogens
(a) Correct
(c) Ibijus ibi remedia
(b) Incor rect
(d) Mens 1ea
(c) Partly correct
66. Whether Kelsen provided guidance (d) Partly incorrect
in the actual application of the law
72.
72. The wish of the Sovereign in respect
of a class of acts is a law a s long as
(a) Yes it is supported by
(b) No
(a) Sanction,
(c) Not sure
(b) Obedience
(d) in certain cases only
(c) Motivation
67. Ownership is an instrument of_ (d) None of above
policy 73. The expression "State" is derived
(a) Ethical from the Latin terms
(b) Religious (a) Statue
(c) Moral
(b) Stratum
(d) Social
(c) Statute
the founder of (d) Statuus
68 may be calied as
Sociology as he was the first to employ
to connote an 74 According to Savigny, the origin of
the term "Sociology" law lies in the popular spirit of the
independent discipline
people, which he termed as
(a) Comte, (a) Social welfare
(b) Hall (b) Jus gentium
(c) Finnis (c) Jus natural
(d) Pound
(d) Volkegeist
69. According to Pound, the
75. Who wrote that the "Only right which
jurisprudence should ensure that the a man can possess is the right
interpretation and
making always to do his duty" ?
application of laws take account of
social facts (a) Duguit
(b) Gray
(a) Analytical (c) Comte
(b) Historical
(d) Lundstedt
(c) Sociological

Multiple Choice Questions On JURISPRUDENCE

 (b) Friedmann
6.
76. A law which refrains any person from
(c) Savigny
doing an act, actually imposes a
(d) Holland
duty on such person
(a) Positive. 83. The difference between Austin
(b) Primary. theory and Bentham theory lies in
(c) Negative, the fact that
(d) Absolute Sanctions play less prominent
(a)
part in theory of former
77. "Legislation" means
(b) Sanctions play less prominent
(a) The process of making of law
The enacted law part in theory of latter
(b)
(c) Norne of above
(c) The legal system
(d) Sanctions have no role
(d) Both (a) and (b) above
84. Theologians maintain that the law
78. The term i s used for law reform
(a) Justice
originates from
(a) Customs
(b) Equity
(c) Good conscience (b) Precedent
(c) God
(d) Deontology
(d) Legislature
79. The workof mainly consisted
of formal analysis ofthe structure of85. According to whom there are four
classes of absolute duties viz duties
English law
to self, duty to indeterminate persons,
(a) Pound
duty towards sovereign and duty to
(b) Kelsen
one who is not a human being?
(c) Austin
(d) Gray (a) Keelson
(b) Austin
80. The legislative intent is to be (c) Salmond
primarily gathered from the (d) Hart
(a) Customs.
86. denotes exemption from the
(b) Values
(c) Morals
power of another
(d) Words (a) Immunity
81. Whose legal philosophy was called
(b) Liability
(c) Disability
"utilitarian individualism"_ (d) Capacity
(a) Bentham, 87. The analytical school is also known
(b) Lloyd as positive school because the
(c) Austin
exponents of this school are
(d) Savigny concerned with
82. The term Jurisprudence" has been (a) The past law
defined as the formal science of (b) The future law
positive law by (c) The law as it exists
(a) Pound (d) Law as it ought to be

8 Multiple Choice Questions On JURISPRUDENCE

88. The propagators of "Pure Theory of (c) Moral
Law maintain that the function of (d) All above
laws is to giveby prescribing how
94. is a combination of the
people ought to behave
analytical positivist and sociological
(a) Sanction
approaches
(b) Obedience
(a) Sociological School
(c) Guidance (b) Analytical School
(d) Direction
(c) Natural Law School

89. The rules which abolish one's duly (d) Modern Realism
on happening of an event, like a
95.
95 "Legal rights are legally protected
contract discharged by frustration, interests". This statement is of.
confer
(a) Gray
(a) Either power of duty
(b) Salmond
(b) Both power and duty.
(c) Ihering
(c) Neither power nor duty.
(d) Holland
(d) None of above.
96. Bentham and Austin have not written
90. "The limtis are set by rational
in periods of particular
Principles of Justice" said (a) Stability
(a) Holland
(b) Instability
(b) Henry Maine (c) Revolutions
(c) Kelson
(d) Changes
(d) Rawls
97. Constructive possession is
school propagates that
91 (a) Immediate possession
law is found but not made
(b) Adverse possession
(a) Analytical (c) Actual possession
(b) Sociological (d) Possession in law, whether actual
(c) Natural or not
(d) Historical
98. The right does not create an
Pound pointed out that the
law has
92. immediate interest
disabilities to the
at times attached
(a) Vested
illegitimatechildren with the objects
ofmarriage. (b) Contingent
of preserving the
(c) Proprietary
(a) Break down (d) Personal
(b) Legality
Punishment is
(c) Validity 99. Expiratory Theory of
(d) Sanctity linked with the following
(a) Preventive Theory
cannot be
93. The following judgements (b) Reformative Theory
established or defended by rational (c) Retributive Theory
argument, evidence or proof (d) Deterrent Theory
(a) Ethical
Social
(b)
JURISPRUDENCE 9
Multiple Choice Questions On
 (a) Locke
100. According to Lord Moulton, law is
(b) Puchta
by men as
(a) Aggregate of rules set (c) Thring
to
politically supeior or sovereign, (d) Markby
men as politically subject,
(b The statement of circumslance2s 106. Bentham and Austin have presented
in which the public foice will be
the _reaction against naturalism
brought to bear upon men through
(a) Sociological
Courts (b) Intellectual
(c) A social institutioms to satisty
(c) Psychological
social wants (d) Philosophical
(d) A crystalized common sense
of the communities. 107. The main exponent of Historical
101. There are theories of
School is
punishment (a) Hart
(a) Two
(b) Savigny
(c) Pound
(b) Thiee
(d) Austin.
(c) Four
(d) Five 108. Any interpretation which turns the
law into dead letter
102. Who is regarded as the leading
Contemporary representative of (a) Must be rejected
British positivism (b) Must be adopted
(c) Is a god interpretation
(a) Olivectona
(d) Must be upheld
(b) Savigny
(c) Hart 109. Hindu Law of Partition the
(d) Austin proprietary rights of a child in the
103. Harmonious construction means a
womb of mother.
construction by which apparently (a) Does not recognize
conflicting provisions survive in (b) Partially recognizes
harmony with each other (c) Fully recognizes
(d) Does not encompass the matter.
(a) True
(b) False 110. The main exponent of Historical
104. A theory of law must be_that is to School is
say it must be free from ethics, (a) Hibbert
polities, sociology, history etc. (b) Pollock
(a) Pure (c) Montesquieu
(b) Defined (d) Savigny
(c) Specified 111. Which one of the theories of
(d) Confined
punishment is considered as judicial
105. The theory as to the nature of legal contribution to social change ?
rights propounded by is (a) Deterrent
known as interest theory (b) Preventive

10 Multiple Choice Questions On JURISPRUDENCE

 (c) Reformative 117.
(d) Retributive Bentham says that a law derives its
force from motivations for its
112. According to propagators of natural a) Defiance
law, cannot be a "law" (b) Obedience
(a) A moral (c) Both (a) and (b).
(b) An immoral (d) None of abOve

(c) AIeasonable 118. A High Court is bound

(d) An unreasonable
(a) By the judgement of any other
113. Grammatical interpretation High Court
is the
most effective and safe method but (b) By the judgement of Supreme
itfails when Court
(c)By the Judgement o f both
(a) The words employed in the
Supreme Court and other High
language suffer from Court
ambiguity. (d) Neither by the judgement of
(b) The words used in the Language
Supreme Court nor by the
specific and do not admit of more
Judgement of any other High
than one meaning
Court.
(c) The language is clear
(d) All above 119. Like other interests the property also
has a social to perform
114. In the present days, the moral,
(a) Role
ethical and social dimensions of law
fall within the arena of. (b) Liability
(c) Fact
(a) Labour Laws
(d) Obligation
(b) Constitution
(c)Jurisprudence 120. Hart Fuller debate is related with
(d) Contracts (a) Law and Morality
(b) Law and Society
115. "Some shared morality is essential (c) Law and Ethics
to the existence of any society" is the None of the above
(d)
observation of
(a) Hart 121. Professor Hall insisted that.
(b) Jeremy Bentham values need to be included in the
(c) Austin definition of positive law
(d) Fuller (a) Social
(b) Moral
116. The doctrine of stare decisis applies
Bench of
(c) Customary
to the larger and co-equal (d) Religious
the Apex Court
(a) Incorrect statement 122. While interpreting any statutory
(b) Correct statement provision, it is necessary to read its

(c) Partly correct statement language

Partly incorrect statement
(a) Independently from other
(d)
provisions
 view of G.W. Paton
126. In the
(b) Partly
Jurisprudence is
(c) In isolation the term of
Science of law, using
(d) As a whole (a)
law in juridical sense, as denoting
123. The Custom is also called body of principles recognized
or

usage enforce by public and regular

tribunals in administration of
(a) Legal
(b) Conventional justice.
(c) Local (b) Scientific synthesis of all essential
(d) General pinciples of law.

(c) A science which endeavors to

124 The analytical school takes for ascertain the fundamental
granted the developed legal system
and principles of which law is the
expression.
(a) Proceeds to logically analyze its A particular method of study,
(d)
basic concept not of law of one country but
(b) Classifies them in order to bring of the general notion of law
out their relation to one another
itself.
(c) Both (a) and (b)
(c)
(d) None of above 128. Who is known as the "Father of

125. The Fuller/Hart debate could be

English jurisprudence"_
summarized as a debate between (a) Bentham
which two jurisprudential (b) Morris
(c) Hart
approaches/positions (d) Austin.
(a) Positivism and Utilitarianism
129. The theory propagated by Bentham
(b) Positivism and Liberalism is known as
(c) Natural law and Positivism
(a) Theory of Relativity
(b) Natural Theory
(d) Marxism and Liberal Feminism
(c) Theory of Fictions
127. According to Holland the ownership (d) Theory of Social Engineering
130. The English law was reformed by
(a) Is plenary controi over an

object (a) Bentham

(b) Means a right which avails
(b) Keeton
against to the law conferring the (C) Austin
Iight to put thing to user of (d) Salmond
indefinite nature
(c) Is the ultimate right to the thing 131. Kelsen said that the law is a
or what is left when all other rights (a) Science of the first principle of law
vested in various people are taken
(b) Philosophy of positive law
Out (c) Normative science
(d) Is a collection of rights, privileges (d) Normal science of positive law.
and powers.

12 Multiple Choice Questions On JURISPRUDENCE

132. "Law as it ought to be" is
by the term expressed law approach)felt that this law
merely gave effect to the
(a) Medical illegitimacy of the Nazi laws,
(b) Dental whereas Fuller (adopting a
(c) Equity positivist approach) felt that the
(d) Censorial retrospective legislation was
enforced validly
133. According to Allen Jurisprudence is (c) Because Hart (adopting a natural
law approach) felt that the
(a) Science of law, using the term of retrospective legislation was
law in juridical sense, as denoting enforced validly. whereas Fuller
body of principles recognized or (adopting a positivist approach)
enfoice by public and regulaI felt that this law merely gave
tribunals in administration of effect to the illegitimacy of the
ustice Nazi laws.
(b) Scientific synthesis of all (d) Because Hart (who adopted a
essential principles of law. positivist approach) felt that this
(c) A science which endeavors to law merely gave effect to the
ascertain the fundamental illegitimacy of the Nazi laws
principle of which law is the whereas Fuller (who adopted a
natural law approach) felt that the
expression.
(d) A particular method study, notof 1etrospective legislation was
law of one cOuntry, but of the enforced validly.
general notion of law itself.
136. The theory of property says
that the property is a social interest
134. Duty is a a obligation
for promoting general security and
(a) Product
protection of individual interests
(b) Genus
(a) Natural law
(c) Bianch
(d) Species (b) Sociological
(c) Philosophical
135. In relation to the Fuller/Hart debate, (d) Functional
both theorists finally endorsed
retrospective legislation in Germany.
137. According to Bentham, a sovereign
is
Which statement best represents
A whose Will is
their true positions? (a) person
supposed to be obeyed by the
(a) Because Hart (who adopted a
that whole political community, in
positivist approach) felt to the Will of any
the retrospective legislation preference
other person.
was enforced validly, whereas
Aperson who is comnpetent give
to
natural (b)
Fuller (who adopted a Command
this law
law approach) felt that thee
(c) A person who carries out
effect to the
gave
merely command of another person.
Nazi laws.
illegitimacy of the Aperson who is supposed
to obey
a natural (d)
Because Hart (adopting
(b) the Will of another person.

iOG
Questinns On JURISPRUDENCEE 13
 (a) Physical motivations
138. The condition of the of the
validity (h) Political motivations
Grundnorm is (c) Religious motivations
(a) Separability
(d) All above
(b) Effectiveness
(c) Reinstatement 145. A previous judgement cited by the
(d) Equallty court to decide on a similar set of

139. It was who instanced a

facts is known as
situation where the same rule may (a) Obiter dicta
confer both power and duty, or either (b) Judicial dicta
power of duty according to the (c) Precedent
circumstances (d)Judicialopinion
(a) Oliverciona. believed in
146. Holland by
(b) Maurnttan
sovereign political authority
(c) Fuller,
(a) Recognition
(a) Hart. (b) Enforcement
140. The doctrine of judicial precedent is (c) Obedience
a unique feature of (d) Cormpliance
(a) Civil Law
147. No one maintains that everything,
(b) Roman Law
which is moral, is a "law".
(c) Hindu Law
(d) Common Law (a) Correct
(b) Incorrect
141. "Actual Possession" is reflected by (c) Partly correct
following maxim (d) Partly incorrect
(a) Corpus possidendi 148. With the
(b) Animus possession change in nature of things,
(c) De jure possession sympathetic change in is
(d) De facto possession necessary
(a) Morals
142. A sovereign is defined in terms of_ (b) Values
(a) Social stability (c) Statutes
(b) Political society (d) Rules of law
(c) Political reform
149. It was who first coined the
(d) Social change
term "Legal theory"
143. is the founder of the (a) Bentham
analytical school of jurisprudence (b) Austin
(a) John Austin, (c) Salmond
(b) Finch, (d) Friedmann
(c) Roscoe Pound. 150. When a word carries several
(d) Holland
meanings it is called
144. The wish of the sovereign includes (a) Ambiguous
moral motivations and (b) Unambiguous
 (c) Specific SOurce from which legal personality
(d) Certain of corporation may flow ?
(a) Concession theory
151. Bentham was targeting for (b) Fiction theory
(a) Martial laws (c) Realist theory
(b) An ideal code (d) None of the above
(c)Judge - made laws
(d) Customary laws 157. To say that a word is unambiguous,
interpretation of same is necessary.
152. Thelaw provides for sanctions (a) Correct statement
(a) Superior (b) Incorrect statenent
(b) Subsidiary (c) Partly correct staternent
(c) Historical Partly incorect staternent
(d)
(d) Repealed
158. A state is a defined organization
153. A new is recognized by a
consisting of territory, population,
policy Government and a measure of
(a) Ir.terest independence in external relations.
(b) Burden (a) Legally
(c) Claim (b) Morally
(d) Duty (c) Socially
154. If the judgement of one High Court (d) Philosophicaly
is presented before another High 159. According to Justice Holmes, aw is
Court
(a) It has the value of precedent and (a) The statement of
Contrary view cannot be taken by circumstances in which the
another High Court. public force will be brought to
(b) It has only persuasive valuJe bear upon men through
and does not bind such
Courts.
another High Court. by men as
(b) Aggregate of rules set
(c) It has no vallue politically superior or sovereign, to
forbids
(d) It has no value yet is men as politically subject.
another High Court from taking a (c) A crystallized common sense of
Contrary view. the comnmunities.
realist
(d) A social institution to satisfy
155. says that the
the sOcial wants.
movement "gloss"
is a on

sociological approach. 160. Who pointed out that the individuals

(a) Savigny comprising Sovereign body have

attained their positions by virtue of
(b) Markby
(c) Green laws
(d) Julius Stone (a) Olivecrona
(b) Pound
156 Which theory of legal personality Hart
(c)
contemplates that the law is the only (d) Blackstone

nrALOr
 (c) Partly True
161. The main proponents of the
(d) Partly faise
Analytical School of Jurisprudence
the function of
are
167. According to
of the
(a) Bentham and Austin laws should be the promotion
of the greatest
(b) Hart and Kelsen greatest happiness
(c) All of above number
(d) None of above (a) Bentham
(b) Kant
162. An obligation may be
(c) Ehrlich
(a) Moral only but not legal.
(d) Ihering
(b) Legal only but not moral
(c) Moral as well as legal when the
168. Bentham says that it is only
(d) Neither moral nor legal. expression of Will of the sovereign
is incomplete, that the Judges may
163. Construction and interpretation are
the two words which are consider to adopt
(a) Literal interpretation
be.
(b) Liberal interpretation
(a) District from each otheer
(c) Strict construction
(b) Disinguishable (d) Harmonious construction
(c) Separable
(d) Synonymous 169. While interpreting an ambiguous
164. The wish of the sovereign includes provision of a statute, help may bbe
taken from another statute dealing
following motivations with the same subject - matter, i.e.
(a) Physical motivations
the statute in
(b) Moral motivations
(a) Pari materia
(c) Political and religious motivations
(b) Just cogens
(d) All above (c) Obiter dicta
(d) Ratio decidendi
165. In which country the courts are not
bound by the decisions of superior 170. The idea of tacit command was
courts ? by Professor H.L.A. Hart
(a) France (a) Propagated
(b) United States (b) Demolished
(c) Canada (c) Originated
(d) Australia
(d) Condemned

differs from 171. The influence ofthe individuals upon

166. Sociology of law
legal development is by the
sociological jurisprudence mainly in
the fact that it attempts to create a Volksgeist theory
science of social life as a whole and (a) Nullified
(b) Neutralized
to cover a great and political science
(c) Maximized
(d) Minimized
(a) True
(b) False
172. The judgements pronounced by phenomenon_
Supreme Court have the value of (a) Continuing
precedent because of the doctrine (b) Discontinuing
of (c) Simultaneous

(a) Utility (d) Subsitutivee

(b) Stare decisis while
178. Heydon's Rule says that
None of the above
(c) interpreting a statute the following
(d) Both (a) and (b) above
things must be considered
173. The laws, morals, religion, public (a) Previous positiorn of law
opinion, fashion etc are included in (b) Defect in previous law
Reason of present law
(c)
(d) All above
(a) Social change
(b) Social controls is
179. Golden rule of interpretation
(c) Social erngineering but an extension of
nothing
strict
(d) Social reform.
which allows departure from
literalness
174. Positivists say that the concept of law
is to identify the laws for the present (a) Rule of strict construction,
construction
desirable Rule of harmonious
purposes and hence it is (b)
(c) Rule of literal construction
to
Combine "is" with the "ought".
(d) Rule of plain meaning
(a)
Merge "is" into the "ought". of
(b) 180. The foliowing is the source

(c) Separate "is" from the delegated legislation

"ought. (a) Foreign decisions
(d) Blend "is" into the "ought"
(b) Act of Parliament
guidance (c) Constitution
175. Kelsen's theory provides
(d) Cornditional Legislation
in choosing between conflicting
possibilities.
181. defines law as "a rule laid
(a) Correct statenent down for the guidance of an
(b) Incorrect statement intelligent
intelligent being by an

(c) Depends being having power over him.

some cases
(d) Only in (a) Austin
"corporation (b) Benthamn
176 The main purpose of
sole is t o
(c) Pound
(d) Hart
(a) maintain continuity of an office
make the property easily 182. A community may exist without
a
(b)
inheritable
legal system but a legal system
ake the property easily presupposes a community
(c)
transferable
(a) False
of State
(d) protect the property (b) True
propagate a legal (c) Partly false
177. Professor Hart
(d) Partly true
which is a
system
JURISPRUDENCE
17
Multiple Choice Questions On
 Austin, law is
183. According to duty cannot be 188. According to
statement of CIIcumstances
enforced by anything but by (a) The
iorce will be
individual conscience in which the public
men through
(a) Markby brought to bear upon
(b) Buckland Courts.
A sOCial institution to satisfy
(c) Allen (b)
SOCial wants.
(d) Pound
(c) Aggregate of
rules set by men
184 The difference between possession as politically superior or
and ownership is as
follows sovereign, to men as

(a) Full enjoyment of the property politically subject

is restricted in possession and (d) A crystalized common sense of
there is no restriction in the communities.

ownership
(b The right of ownership consists of 189. According to legal
philosophy must be based ethical
on
excluding others from using it and
there is no such right in values so as to motivate people for

possession an up-right living

(c) Both (a) and (b) (a) Historical School
(d) None of the above (b) Analytical School
(c) Natural Law School
185. The Realist approach is a branch of
(d) Philosophical School

(a) Analytical approach 190 Bentham's desire for law retorm was
(b) Historical approach based on the doctrine of
(c) Sociological approach (a) Severability
(d) None of the above (b) Stare decisis
186. Austin has classified
(c) Ubi jus ibi remedium
jurisprudence (d) Utility
as undeer
(a) General and particular 191. The Rule connotes purpose of
jurisprudence law i.e. what the statute means to
(b) General and special jurisprudence accomplish
(c) Special and particular (a) Mischief
jurisprudence (b) Golden
(d) General special and particular (c) Plain
junisprudence (d) Literal
187. statutes are of indefinite 192 believed that no human
duration and remain in force unless institution was permanent and that
repealed by legislature. change was not necessarily for the
(a) Temporary better
(b) Perpetual (a) Blackstone
(c) Both temporary and perpetual (b) Hart
(d) Neither temporary nor perpetual. (c) Maine
(d) Savigny

18 Multiple Choice Questions On JURISPRUDENCE

 193. Most of the approaches in current Stands overruled but maintain iss
(b)
century have, in the way or another authority as precedent.
concerned the iaw with Does not stand overruled but loses
(c)
its authority as precedent
(a) Ethics and is
(b) Society d) is not overruled
not
(c) Morals
authority a s precedent is
lost.
(d) Values
201. According totheory judges never
194 The Legislative, Judiciary and make law, but only declares it
Executive are the three pillars of the
(a) Traditional
Government which are restrained
from interfering in the job of other (b) Realist
(c) Positivist
by virtue of doctrine.
(d) Modern
(a) Severability
(b) Pith and substance 200. The judgement passed in ignorance
(c) Stare decisis of a statutory provision or binding
(d) Territonal nexus authority is known as
195. When a large section of the general (a) Ipso facto
does (b) Res judicata
population habitually
something over a considerably long (c) Res sub Judice
(d) Per incuriam
period, the Courts may have to
theories
(a) Follow it 201. Which one of the following
(b) Disregard it is not connected with the theory of
(c) Reserve it for future corporate personality?
(d) Take notices of it. (a) Fiction theory
Engels, the (b) Realist theory
196. In the view of Marx and
law is an instrument of_ (c) Concession theory
(d) Interest theory
(a) Domination

(b) Change 202 has defined jurisprudence as

(c) Reform the study and systematic
(d) Control arrangement of the general
principles of law
is a case on
197. Salomon v Salomon
(a) Blackstone
(a) Corporate morality
(b) Allen
(b) Corporate conspiracy
(c) Ketaon
(c) Corporate personality
(d) Friedmann
(d) Corporate financing
defined
takes a view 203. Customs applicable to a
198. Where one High Court locality are referred to as
different form that of another High (a) Local customs
former High
Court the judgement of
(b) Legal customns
Court (c) General customs
Stand overruled and losses its
(a) (d) None of above
authority as precedent.

19
Questions On JURISPRUDENCE
Multiple Choice
 class. A legal
204. When a wordbears several interests of the middle
these premises can
meanings, this feature is known as theory built on
hardly be called value free or
impartial". S a i d -

(a) Absurdity
(b) Ambiguity (a) Austin
(c) Unreasonableness (b) B Salmand
(d) Hardsh1p (c) Holland
(d) Hart
205. Adverse possession may lead to loss
of 211. Jurisprudence is a big as law and
(a) Possession bigger" who said this ?
(b) Ownership (a) Austin
(c) Liberty (b) Markby
(d) Powwer (c) Lewellyn
(d) Holland
206 says that an obligation
exists by virtue of a rule 212. "Law is no doubt a remedy for
(a) Hart greater evils yet it brings evils of its
(b) Bentham own" was said by
(c) Montesquieu (a) Lord Devlin
(d) Blackstone (b) Lord Atkin
207. Who defined (c) Chipman Grey
jurisprudence as the
(d) Salmond
knowledge of just and unjust?
(a) Hobbes 213 Who described jurisprudence as
(b) Marx "Lawyer's Extroversion" ?
(c) Uipian (a) Savigny
(d) Salmond (b) Salmond
208. Who said that (c) Julius Stone
Jurisprudence" is eye (d) Buckland
of law ?
(a) H.J. Laski 214 Who amongst the
following looks
(b) Maine jurisprudence as a system of rules?
(c) Pound (a) Austin
(d) Savigny (b) Salmond
209. Who has first coined the term "Legal (c) Holland
theory" ? (d) Hart
Kelsen 215
(a) "Jurisprudence is concerned
(b) W Friedman primarily with the effects of law upon
(c) Bentham society and only to a
lesser extent
(d) Rescoe Pound with questions about the social
210 "Jurisprudence was designed to determination of law" Who said it ?
defend the stability of a particular (a) Roscoe Pound
(b) Eugen Ehrlich
economic system and protect the
(c) Emile Durkheim
20 Multiple Choice Ouestions On JURISPRUDENCE
 (d) Max Weber (c) Blackstone
(d) Dr. Carter
6. An incorporated servicee of
SUccessive person is called 222. Lex iniusta non est lex has which of
(a) Coporate person the following meaning ?
(b) Corporate aggregate (a) An unjust law is not law
(c) Corporate animation (b) The law is not valid unless It 1S

(d) Incorporeal possession fomally enacted

(c) Law has lexical prioity 0ver

7 Who said "Jurisprudence is the morality

SCience of civil law" ? (d) No one is above the law
(a) Ulpian identifies four
(b) Salmond 223 Leopold Pospisil
elements manifested by law:
(c) Prof. Gray
(d) Holland authority, university, "Obligatio"
and fourthly?
8. Which one of the following jurists (a) Sanction
emphasized that "we cannot b) Dispute
understand what a thing is unless we (c) Order
study what it does"? (d) None of the above

(a) Salmond 224 Res nullius belongs to him

(b) Roscoe Pound
(a) Who appropriates it
(c) Kelsen
(d) Austin (b) Who discovers it
(c) Who purchases it
19. Who said that jurisprudence means (d) Who first obtains possession
a body of ordered knowledge which of it
deals with a particular species of law
225 What is analytical Jurisprudence?
?
(a) the critical analysis of legal
(a) Salmond
decisions
(b) Ausin
(b) the study of what the law is
(c) Patterson
(c) a sociological method to analyse
(d) Pound
legal systems
has no
220. Who said that "unborn child (d) all of the above

legal entity because it is rightless? 226. Who categorized the subject of

(a) Austin Jurisprudence as Exporitorial
(b) Paton Jurisprudence and Censorial
(c) Gray Jurisprudence?
(d) Salmond
(a) Paton
who chops a tree into logs (b) Kelsen
221. "A man

has in a sense made the logs" was

(c) Bentham
said by (d) Holland

(a) Allen
(b) J.C. Gray
unruiCr 1
 Utilitarianism could be described
227. The principle of "greatest happiness (C)
(c)
as an example of legal positivism.
of the greatest number" was
Uilitarianism advances the idea
propounded by (d)
advance the
that the law should
(a) John Aust1n
Gieatest good tor the greatest
(b) K. N. Llewellyn
number of people
(c) Jeremy Bentham
(d) John Stuart Mill described as a
232. Austin has been
"native empiricist" because be-
228. Who is known as "Utilitarian
conceives of laws in a
individualism" ? (a)
rather than a
pragmatic
(a) Austin conceptual manner.

(b) Gray He neglects the importance rather

(c) Bentham (b)
(b)
than a Conceptual manner
(d) Pound conceives of laws in a
(c) He
229. Bentham's account of sovereignty pragmatic Iather than a

generally considered to be more Conceptual manner

sophisticated and more acceptable (d) He overlooks the role of law in

- than Austin's because of- economic relations.

(a) Bentham recognizes the

233. According to which school "the
possibility of limiting the is to
purpose of Jurisprudence
sOvereign's power analyseand dissect the law of the
(b) Bentham's Utilitarianism redeems land as it exists today" ?
his account of sovereignty
(a) Analytical Jurisprudence
(c) Austin overlook the significance of
(b) Historlical Jurisprudence
morality
(c) Sociological Jurisprudence
(d) All of the above
(d) Philosophical Jurisprudence
230. Who the exponent of "Analytical
was
234. According to whom, "the matter of
School" ?
Jurisprudence is positive simply and
(a) Fuller strictly so called by political superior
(b) Austin to inferiors" ?
(c) Finnis
(a) Allen
(d) Hart
(b) Austin
the concept of
of (c) Buckland
231. Regarding
"utilitarianism" which of the following (d) Bentham
statements is not true ?
235 "Possession is nine points of law". It
(a) utilitarianism is based largely on
implies
the ideas of English philosopher,
(a) possession has become a pure
Jeremy Bentham.
technically of the law
If applied in practice,
(b) (b) possession has become a variable
utilitarianism would work in
concept of the law
the best interest of
(c) a person in possession is
marginalized groups.
owner, unless the contrary is
 established, for example may be considered r alistic or
someone establishes a merely cynical. But it is, in its broad
superior titie outlines, essentially coherent. This
(d) None of the above statemeni is made by_
(a) Cotterrell
236. Who of the following author is said
father of (b) Hamburger
as English Jurisprudence, (c) Brian Bix
namely -
(d) None of the above
(a) Austin
(b) Bentham 241. Austin's thesis looks like circular
(c) Salmond reasoning. Law is law since it is made
(d) Roscoe Pound by the sovereign. The svereign is
sOvereign because he makes the law
237. The concept of Austin's Sovereignty This view has been expressed by_
is influenced by the ideologies of
(a) Buckland
which of the following person ?
(b) Holland
(a) Hobbes (c) Salmond
(b) Locke (d) Kelsen
(c) Rousseau
Austin is the palm tree in
(d) Montesquee 242.
statement is
Jurisprudence. This
238. Who wrote that "Austin's work is
given by
undoubtedly forming a
school of (a) Maine
English jurists, possibly of English (b) C.K. Allen
legislators also. It is the staple of (c) Laski
Jurisprudence in all our system of (d) Salmond
legal education"?

(a) Clark 243 Kelsen Pure Theory of law is known

as-
(b) Morison
(a) Analytical School
(c) Hart
(d) None of the above (b) Historical School
(c) Vienna School
239. Who among the following put (d) Sociological School
international law under positive
law of honour 244. Hans Kensen regards law a
morality along with the
and the law of fashion
? (a) Natural science
(b) Positive science
(a) Allen
(c) Normative science
(b) Austin
(d) Physical science
(c) Salmond
(d) Savigny 245. What is the essential criterion of
possession ?
240. Austin's theory is nota theory ofthe
Rule of Law: of government
subject (a) Corpus or physical control
of the "rule of A legal instrument
to law. It is a theory (b)
law as an Intention to hold
men" of government using (c)
Such a view (d) Beneficial interest
instrument of power.

JURISPRUDENCE 23
Multiple Choice Questions On
 (d) Hans Kelsen 25
246. "Vienna School" of law is known as
Which one of the following jurists is
252.
of Austin ?
(a) "Systematie Theory of law one step ahead

(b) Private Theory of law"

a) Markby
(c) "Pure Theory of law" (b) Kelsen
(d) "Old Theory of law. (c) Salmond

247. Pure Theory of law is a stream of (d) Gray

253 Law can be explained in terms of
(a) Natural Law Philosophy
legal rules as per the theory of
(b) Analytical Positivism system of rules.
Who is the exponent
(c) Realist School of Thought of this theory ?
(d) Historical School
(a) Kelsen
248. "All legal norms derive their validity (b) Finnis
from ground norm", has been said (c) Fuller
(d) H.L.A. Hart
by
(a) Austin 254. Which is the least accurate
(b) Kelsen of legal positivism ?
description
(c) Bentham
(d) Daguit (a) In regards morals and law as

inseparable
249. Who said that law is a normative (b) It perceives law as commands
Science? (c) It regards a legal order as a closed

(a) Kelsen logical system

(d) All of the above
(b) Bentham
(c) Salmond 255. Hart writes: "the certification of
(d) Savigny something as legally validis not
theory of law must conclusive of the question oi
250. Who said that a
be free from ethics, politics, obedience... however great the auraa
of majesty or
sociology, history etc.? authority which the
official system may have, its
(a) Kelsen
demands must in the end be
b) Austin
submitted to a moral scrutiny. What
(c) Bentham dows this say about the nature of
(d) Holland
legal positivism. ?
251. "The idea of obligation lies is at the (a) That there is no moral duty to
law obey an unjust law.
heart of a rule and people obey
and not (b) That validly enacted lavw should
due to a s e n s e of obligation
obedience".
because of a habit of always be obeyed
is well (c) That moral issues fall outside
Who among the following the
known for this statement ? official legal system.
(a) Salmond
(d) That there is no moral duty
an unjust law.
to obeY
(b) Chipman Gray
(c) Hart
Multinle Choice Questions On JURISPRUDENCE
256. Who said that "the living person 262. The idea of "Volksgei_t" was given
comes and goes but corporation by
sole remains the same foreover (a) Sir Hen1y Maine

(a) Dias (b) Vinogradoff

(b) Holland (c) Ihein9
(c) Salmond (d) Savigny
judicial and
The difference between
(d) Austin
been that. The
legislative creativity has
court is limited
257. Who amongst the following said that CIeative power of the
material command.
"positivism is a triology of command, by existing legal
it. The
sanction and sovereignty" ? They find the material and shape
manufacture entirely
Allen legislature may
(a) new material" was stated by
(b) Hart
(c) Stone (a) Ehrlich
Rosquo Pound
(d) Salmond (b)
(c) Kelson
258. Hart's analysis of law distinguishes (d) Savigny
befween

Cause and effect

263. Savigny's Volkgeist theory reveals_
(a) Decision of the Court
(b)Theory and fact (a)
an (b) Juristic opinion
(c) Being obliged and having
obligation (c) Spirit of the people
and incorporeal rights (d) None of the above
(d) Corporeal
schools
law" was given 264. Which one of the following
259. The concept of "living on
of jurisprudence laid emphasis
by the question "How did law come to
(a) Ehrlich
be" ?
(b) Hart
(a) Analytical
(c) Dias
(d) Keelson (b) Sociological
(c) Historical
thinkers
260. Who among the following (d) Philosophical
the historical
does not belong to
school ? 260. The propounder of Historical School

(a) Puchta
ofthought is said to be
(a) Hans Kelsen
(b) Maine
(b) L.L. Fuller
(c) Bentham
(c) C.K. Allen
(d) Savigny
(d) Von Sayigny
based on
261. Savigny's theory was Historical
266. Who is called the Darwin of
(a) English law
School ?
(b) Roman law
(c) Greek law (a) Savigny
(d) Spanish law (b) Maine
(c) Burke
(d) Hugo
25
MIuliple Choice Questions On JURISPRUDENCE