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Q.1. Assertion (A): Pound, Ehrlich. Dugyut. etc., have considered law as a social institution.
Reason (R): Law is a function of society and aims at preventing conflicts in society furthering social ends.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.2. Assertion (A): Law is an instrument of social change.
Reason (R): The aim is to build as efficient a structure of society as possible which requires the satisfaction of the maximum wants with the minimum of friction and waste.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.3. Assertion (A): Rules of International law do not as yet constitute a ‘system’ but are merely a ‘set of rules.
Reason (R): International law has no grundnorm.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.4. ‘A statement of law is nothing more than a prediction of that the courts will decide, is the main foundation of____________?
(a) Historical School
(b) Sociological School
(c) Realist School
(d) Natural Law School
Q.5. Which one of the following writers have divided jurisprudence into Particular Jurisprudence and General Jurisprudence?
(a) Austin
(b) Bentham
(c) Holland
(d) Salmond.
Q.6. That true is right reason in agreement with nature was propagated by __________?
(a) Salmond
(b) Grotius
(c) Hart
(d) Cicero
Q.7. Natural law theory has gained attraction largely because ________?
(a) it is universally accepted
(b) it is philosophical in nature and spontaneously formulated
(c) it is age-old and established
(d) it promises to find common moral ground for different religious and outlooks
Q.8. A conventional custom is legally binding because it is ____________?
(a) generally accepted by the parties
(b) creation of the legal system
(c) created by parties out of necessity
(d) incorporated in the contract between the parties
Q.9. The binding force of precedent is destroyed or weakened by ______________?
(a) public opinion
(b) abrogated decision
(c) res judicata
(d) lis pendens
Q.10. ‘Legal rights are legally protected interests’. Which one of the following jurists made the above statement?
(a) Gray
(b) Salmond
(c) Ihering
(d) Holland
Answers with Explanations
1.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’ because according to Sociological School, there is an intimate connection between sociology and jurisprudence, Law is only a means to serving the needs of the society. Pound, Ehrlich. Duguit lhering, August Comte, Hebert Spenser were the main, followers of this school. Hence Option A is correct.
2.Correct Answer: A
Explanation- Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’. According to Roscoe Pound the task of law’ is ‘social engineering’ by which he means the balancing of competing interests in society. There should be satisfaction of maximum wants and the minimum of friction waste. Hence Option A is correct.
3.Correct Answer: C
Explanation- Here ‘A’ is true but ‘R’ is false because according to Kelsen, the grundnorm of the international system postulates the primacy of international law. Nations in practice recognised the equality of each other’s legal orders. The doctrine of equality implies that they recognize the existence of a grundnorm superior to the grundnorm of their own particular legal orders. Hence Option C is correct.
4.Correct Answer: C
Explanation- The American realist movement is a combination of analytical positivist and sociological approaches. The realists put too much emphasis on judges. To them, the law is what judges decide. The realists have been divided into two categories: The “rule sceptics” reject legal rules as providing uniformity in the law. They try to find uniformity in rules evolved out of psychology anthropology, sociology. Economics, politics etc. Prof Llewellyn belongs to this school. The ‘fact sceptics” depart from the whole idea of real certainty. The point to the uncertainly of establishing facts themselves which are done in trial courts and not in appellate courts. Frank belongs to this school. Hence Option C is correct.
5.Correct Answer: A
Explanation- Austin refers to two aspects of jurisprudence general and particular. By general jurisprudence, he means the philosophy of positive law and by particular jurisprudence, he means the science of particular law or the science of any system of positive law prevailing in any country. General jurisprudence is concerned with the study of those fundamental principles which are common to the different systems of laws prevailing in various countries. Particular jurisprudence is concerned with the underlying principles of the legal system of a particular country. Hence Option A is correct.
6.Correct Answer: D
Explanation- According to Cicero, “There is indeed a true law, right reason, agreeing with nature, infused among all men unchanging, everlasting. It is not allowable to alter this law nor to derogate from it nor can it be repealed.
We cannot be released from this law, either by the praetor or by the people, nor is any person required to explain or interpret it. Nor it is one law at Rome and another at Athens. One law today and another hereafter, but the same law everlasting and unchangeable will bind all nations at all times, and there will be one common lord and ruler of all, even God the framer and proposer of the law.” Hence Option D is correct.
7.Correct Answer: B
Explanation-Natural law appeals to the reason of man. It is addressed to intelligent human beings. It does not possess physical compulsion. It is eternal and embodies the principles of morality. Its principles are common to all the States. Natural law exists only in an ideal state and this differs from the positive law of the state. Hence option B is correct.
8.Correct Answer: D
Explanation- A conventional custom is one Whose authority is conditional on its acceptance and incorporation in the agreement between the parties to be bound by it, A conventional custom is an established practice which is legally binding because it has been expressly or impliedly incorporated in a contract between the parties concerned. Hence Option D is correct.
9.Correct Answer: B
Explanation- The binding force of precedent is destroyed or weakened by abrogated decisions. The factors which detroy the binding force of precedent are given below:
Overruling: Overruling destroy the binding force for the previous decision.
Legislation: Legislation being the supreme lawmaker can destroy the effect of precedent.
Ignorance of statute: A decision given by the court or tribunal in ignorance of any of the prevailing statute or any law having the force of a statute has no binding force.
The decision in ignorance of decision of higher tribunal: In case, a subordinate court gives any decision which is in conflict with the decision of higher tribunal then the decision of the subordinate court will carry no weight at all. Hence Option B is correct.
10.Correct Answer: C
Explanation- Ihering was the greatest advocate of interest theory. of rights. According to lhering “A legal right is legally protected interest”, lhering does not put stress on the element of will in a legal right. He emphasizes the material element of interest. The basis of right is not with but interest. Hence Option C is correct.