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Jurisprudence - 2

Description: Jurisprudence - 2
Number of Questions: 15
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Tags: Jurisprudence - 2 Jurisprudence
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In which country are the courts not bound by the decisions of superior courts?

  1. France

  2. United States

  3. Canada

  4. Australia


Correct Option: D
Explanation:

In Australia, the courts are not bound by the decisions of superior courts.

Who has defined jurisprudence as lawyer’s extroversion?

  1. Friedman

  2. RWM Dias

  3. Julius Stone

  4. Ronald Dworkin


Correct Option: C
Explanation:

Julius Stone said that jurisprudence is a lawyer’s extraversion. He further said that it is a lawyer’s examination of the percept, ideas and techniques of law in the light derived from present knowledge in disciplines other than the law. 

Which of the following is not an essential element of a state?

  1. Territory

  2. Population

  3. Sovereignty

  4. Democracy


Correct Option: D
Explanation:

The state has four essential elements and those are Population, Territory, Government and Sovereignty.

The ownership of copyright is called

  1. corporeal ownership

  2. incorporeal ownership

  3. beneficial ownership

  4. absolute ownership


Correct Option: B
Explanation:

The ownership of copyright is called incorporeal ownership. Ownership of a copyright is distinct from ownership of any material object in which the work is embodied. 

What is analytical jurisprudence?

  1. The critical analysis of legal decisions

  2. A sociological method to analyse legal systems

  3. The study of what the law is

  4. None of these


Correct Option: C
Explanation:

Analytical jurisprudence is dedicated to establishing what the law is, not to assessing the value of a given law or identifying desirable reforms.

Who held the view that custom is not a source of law unless it has received judicial recognition or it has been embodied in a statue?

  1. Austin

  2. Savigny

  3. Kohler

  4. Puchta


Correct Option: A
Explanation:

Austin held the view that custom is not a source of law unless it has received judicial recognition or it has been embodied in a statue.

The Charter of the United Nations requires that the organisation and its members shall act in accordance with the principles enumerated in the Charter. Which of the following is not one of such principles?

  1. Sovereign equality

  2. Settlement of international disputes by peaceful means

  3. Promotion of human rights

  4. None of these


Correct Option: D
Explanation:

All are the principles enumerated in the Charter of the United Nations.

Law, according to Joseph Raz, is a

  1. social engineering

  2. social fact

  3. political principle

  4. normative science


Correct Option: B
Explanation:

According to Joseph Raz, content of law must be based only on social facts, and not on moral arguments.

What is jurisprudence?

  1. The study of legal decisions

  2. All intellectual enquiries about law

  3. The study of what law is

  4. All of the above


Correct Option: B
Explanation:

Jurisprudence includes thinking about the value of the law, and is not only about how the law works or what the law is. As such jurisprudence can draw on other disciplines such as philosophy or economics.

H. L. A. Hart is a

  1. linguistic philosopher

  2. realist philosopher

  3. socialist philosopher

  4. post-modernist philosopher


Correct Option: A
Explanation:

Herbert Lionel Adolphus Hart is a linguistic philosopher. Linguistic philosophy describes the view that philosophical problems are problems which may be solved either by reforming language or by understanding more about the language we presently use. 

What is normative jurisprudence?

  1. The evaluation of the law on the basis of criteria for what constitutes good law

  2. The study of legal norms

  3. The theory that law normalises people

  4. None of these


Correct Option: A
Explanation:

Normative jurisprudence is concerned with the question of what the law ought to be, it is not normative in the sense that it studies norms or favours normalisation, but in the sense that it offers an interpretation of what the law ought to be.

Historical school of jurists recognised that custom law is superior to

  1. delegation

  2. legislation

  3. precedents

  4. All of the above


Correct Option: D
Explanation:

Historical school of jurists recognised that custom law is superior to delegation, legislation and precedents.

What is natural law?

  1. The law of natural pheonmena

  2. The idea that law is based on certain immutable principles intrinsic to human beings

  3. The idea that law is natural

  4. All of the above


Correct Option: B
Explanation:

The philosophy of natural law does not see law as an emanation of nature, but as a social necessity which reflects universal principles grounded on the nature of human beings.

Match the following:

 
List–I (Concepts) List–II (Jurists)
I. Minimum content of law 1. Fuller
II. Inner morality of law 2. Hart
III. Law with a variable content 3. Kohler
IV. Law as a phenomenon of civilisation 4. Stammler
  1. I - 3, II - 1, III - 2, IV - 4

  2. I - 2, II - 3, III - 4, IV - 1

  3. I - 2, II - 1, III - 4, IV - 3

  4. I - 1, II - 2, III - 3, IV - 4


Correct Option: C
Explanation:

I - 2, II - 1, III - 4, IV - 3

Match the following:

 
List–I
(Theories) List–II
(Jurists)
(I) The general will theory 1. Kelsen
(II) Justice as common good 2. Ihering
(III) Law as a means to achieve social ends 3. Rousseau
(IV) Grundnorm theory 4. Finnis
  1. (i) - 2, (ii) - 4, (iii) - 1, (iv) - 3

  2. (i) - 2, (ii) - 3, (iii) - 4, (iv) - 1

  3. (i) - 3, (ii) - 2, (iii) - 1, (iv) - 4

  4. (i) - 3, (ii) - 4, (iii) - 2, (iv) - 1


Correct Option: D
Explanation:

(i) - 3, (ii) - 4, (iii) - 2 , (iv) - 1

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