1

Jurisprudence - 1 (CBSE (UGC) NET)

Description: This is a Topic Test based on Jurisprudence - 1
Number of Questions: 15
Created by:
Tags: Law Legal Aptitude Judiciary UGC Net Practice Test UGC Papers Jurisprudence
Attempted 0/15 Correct 0 Score 0

Hugo Grotius is regarded as the father of

  1. realist school

  2. analytical school

  3. historical school

  4. philosophical school


Correct Option: D
Explanation:

Hugo Grotius was a towering figure in philosophy, political theory, law and associated fields during the 17th century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity.

What were the three types of law that Aquinas was concerned with?

  1. Unity, Spiritual, Good

  2. Eternal, Natural, Human

  3. Eternal, Unity, Natural

  4. None of the above


Correct Option: B
Explanation:

Aquinas recognises four main types of law: The eternal, the natural, the human and the divine. The last three all depend on the first, but in different ways. Were we to arrange them in a hierarchy, eternal would be at the top, then natural and then human. Divine law is not in conflict with natural law, but it reaches human beings by a different route, revelation.

“Law is what the judges declare”. This statement relates to which of the following thinkers?

  1. Jerome Frank

  2. Julius Stone

  3. Gray

  4. Holmes


Correct Option: C
Explanation:

That is the view of Gray in his "Nature and Sources of the Law". He said that the law is what the judges declare; that statutes, precedents, the opinions of learned experts, customs and morality are the sources of the law.

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


Correct Option: A
Explanation:

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

Which of the following is not correctly matched?

  1. Fuller-Inner morality

  2. Maine-Status to contract

  3. Bentharn-Utilitarianism

  4. Duguit-Living law


Correct Option: D
Explanation:

Duguit-Living law According to Duguit, the basis of law is the objective fact of 'social solidarity'. 

Per incurium is

  1. a decision which ignores a statute on the subject

  2. a decision which ignores the case law on the subject

  3. a decision which ignores the constitution on the subject

  4. All of the above


Correct Option: D
Explanation:

Per incuriam, literally translated as "through lack of care", refers to a judgment of a court, which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.

The term 'legislation' is derived from the Latin word(s)

  1. legis

  2. latum

  3. Both 'legis' and 'latum'

  4. lex


Correct Option: C
Explanation:

The term 'legislation' is derived from two Latin words, ‘legis’ meaning 'law' and ‘latum’ meaning 'to make, put or set'. Etymologically, 'legislation' means 'the making or the setting of law'.

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


Correct Option: B
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.

Which of the following is not an essential element of a valid custom?

  1. Continuity

  2. Originality

  3. Certainty

  4. Consistency


Correct Option: B
Explanation:

The following are the essential elements of a custom:

  1. Antiquity
  2. Continuance
  3. Peaceable enjoyment
  4. Matter of right
  5. Certainty
  6. Consistency
  7. Conformity with statute law

 

Law is an instrument of

  1. social deviance

  2. social change

  3. social status

  4. social exculpation


Correct Option: B
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.

According to realists, the law is

  1. legislation

  2. custom

  3. command of sovereign

  4. what the judges decide


Correct Option: D
Explanation:

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

Which of the following statements represent(s) the difference between possession and ownership?

  1. Full enjoyment of the property is restricted in possession and there is no restriction in ownership.

  2. The right of ownership consists of excluding others from using it and there is no such right in possession.

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

The ownership is the de jure recognition of the right over the property. The possession has limited rights to consume, destroy and alienate. Thus, full enjoyment of the property is restricted in possession and there is no restriction in ownership.

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


Correct Option: A
Explanation:

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

In Jurisprudence, ‘Bracket theory’ is related with

  1. fundamental duty

  2. legal personality

  3. ratio decidendi

  4. possession


Correct Option: B
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.

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


Correct Option: B
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. 

- Hide questions