Attend these 10 original questions on Jurisprudence to boost your preparation for CLAT, AILET & more.
QUESTIONS
1. Which of the following best describes the ‘Pure Theory of Law’ as propounded by Hans Kelsen?
A) Law should be interpreted using moral and ethical standards
B) Law is a command backed by sanction
C) Law should be free from politics and sociology
D) Law is a hierarchy of norms, separated from morality
B) Law is a command backed by sanction
C) Law should be free from politics and sociology
D) Law is a hierarchy of norms, separated from morality
Correct Answer: D
Explanation: Hans Kelsen’s Pure Theory of Law advocates for a normative structure where legal validity is derived from a basic norm (Grundnorm). The theory separates law from morality, politics, and other social sciences.
Explanation: Hans Kelsen’s Pure Theory of Law advocates for a normative structure where legal validity is derived from a basic norm (Grundnorm). The theory separates law from morality, politics, and other social sciences.
2. According to H.L.A. Hart, which of the following is not a type of rule in a legal system?
A) Primary Rule
B) Secondary Rule
C) Command Rule
D) Rule of Recognition
B) Secondary Rule
C) Command Rule
D) Rule of Recognition
Correct Answer: C
Explanation: Hart proposed that legal systems consist of primary rules (obligations) and secondary rules (rules about rules). The term “command rule” belongs to Austin’s theory, not Hart’s.
Explanation: Hart proposed that legal systems consist of primary rules (obligations) and secondary rules (rules about rules). The term “command rule” belongs to Austin’s theory, not Hart’s.
3. Which school of jurisprudence is most closely associated with the idea that law evolves with society?
A) Natural Law School
B) Analytical School
C) Historical School
D) Realist School
B) Analytical School
C) Historical School
D) Realist School
Correct Answer: C
Explanation: The Historical School, especially promoted by Savigny, believes that law is a product of the spirit and customs of the people and develops alongside society.
Explanation: The Historical School, especially promoted by Savigny, believes that law is a product of the spirit and customs of the people and develops alongside society.
4. According to John Austin, what is the nature of “sovereign”?
A) A person who always obeys moral law
B) A person or body habitually obeyed but obeys no one
C) A democratic institution elected by people
D) A religious or divine authority
B) A person or body habitually obeyed but obeys no one
C) A democratic institution elected by people
D) A religious or divine authority
Correct Answer: B
Explanation: Austin’s sovereign is a person or body to whom a society habitually renders obedience, and who does not habitually obey any other authority.
Explanation: Austin’s sovereign is a person or body to whom a society habitually renders obedience, and who does not habitually obey any other authority.
5. What does ‘Grundnorm’ refer to in Kelsen’s theory?
A) The Constitution
B) The highest court in a country
C) The basic norm from which all norms derive authority
D) A moral rule guiding judicial decisions
B) The highest court in a country
C) The basic norm from which all norms derive authority
D) A moral rule guiding judicial decisions
Correct Answer: C
Explanation: In Kelsen’s Pure Theory of Law, the Grundnorm is the foundational assumption or presupposition that underpins the validity of all other norms in the legal hierarchy.
Explanation: In Kelsen’s Pure Theory of Law, the Grundnorm is the foundational assumption or presupposition that underpins the validity of all other norms in the legal hierarchy.
6. Which jurist is known for the concept of “Living Law”?
A) Jeremy Bentham
B) Roscoe Pound
C) Eugen Ehrlich
D) John Finnis
B) Roscoe Pound
C) Eugen Ehrlich
D) John Finnis
Correct Answer: C
Explanation: Eugen Ehrlich introduced the concept of Living Law, meaning the rules of conduct actually observed by people, even if they are not codified in legislation.
Explanation: Eugen Ehrlich introduced the concept of Living Law, meaning the rules of conduct actually observed by people, even if they are not codified in legislation.
7. The “Realist School” of jurisprudence emphasizes:
A) Abstract theorizing
B) Judicial precedents only
C) Law as it is in practice, not as it ought to be
D) Religious and moral foundations of law
B) Judicial precedents only
C) Law as it is in practice, not as it ought to be
D) Religious and moral foundations of law
Correct Answer: C
Explanation: Legal Realism focuses on the actual working of law, especially how judges decide cases, emphasizing the social, psychological, and political factors affecting judgments.
Explanation: Legal Realism focuses on the actual working of law, especially how judges decide cases, emphasizing the social, psychological, and political factors affecting judgments.
8. Who among the following is a prominent Natural Law theorist?
A) Hans Kelsen
B) John Austin
C) Thomas Aquinas
D) H.L.A. Hart
B) John Austin
C) Thomas Aquinas
D) H.L.A. Hart
Correct Answer: C
Explanation: Thomas Aquinas is a classical Natural Law theorist who believed that human laws must align with divine and moral laws to be valid.
Explanation: Thomas Aquinas is a classical Natural Law theorist who believed that human laws must align with divine and moral laws to be valid.
9. Which theory emphasizes utility or the greatest happiness principle in law?
A) Natural Law Theory
B) Positivist Theory
C) Utilitarianism
D) Sociological Theory
B) Positivist Theory
C) Utilitarianism
D) Sociological Theory
Correct Answer: C
Explanation: Utilitarianism, as formulated by Bentham and Mill, promotes laws that maximize happiness and minimize pain for the greatest number of people.
Explanation: Utilitarianism, as formulated by Bentham and Mill, promotes laws that maximize happiness and minimize pain for the greatest number of people.
10. According to H.L.A. Hart, the rule of recognition serves to:
A) Determine the validity of laws
B) Grant moral legitimacy to laws
C) Provide punishments for crimes
D) Interpret constitutional provisions
B) Grant moral legitimacy to laws
C) Provide punishments for crimes
D) Interpret constitutional provisions
Correct Answer: A
Explanation: The rule of recognition is a secondary rule in Hart’s theory, which allows individuals within a legal system to identify what norms are valid laws.
Explanation: The rule of recognition is a secondary rule in Hart’s theory, which allows individuals within a legal system to identify what norms are valid laws.
Read More: Natural School of Jurisprudence
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Ruchika Mohapatra
Contributing author
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