Q.1. That a legal system arises from the combination of primary and secondary rules was enunciated by___________?
(a) Austin
(b) Hart
(c) Bentham
(d) Kelsen
Q.2. The fault of the Historical school of Jurisprudence lies in____________?
(a) recognising the empirical basis of law
(b) not recognising the empirical basis of law
(c) holding that law is a product of social evolution
(d) identifying custom with the law itself
Q.3. Formal source of law according to Salmond means_________?
(a) ancient sources of law
(b) modern sources of law
(c) those sources of law which do not have binding force
(d) those sources of law from which the law derives its force and validity
Q.4. Which one of the following statements is true?
(a) The analytical method which Austin applied was undoubtedly of German origin
(b) The method applied by Austin was the method already adopted by Americans
(c) Austin’s analytical method was the same as what was used by some Roman jurists
(d) The method of Austin was not borrowed from anywhere but was of English origin
Q.5. Which one of the following is regarded as unnecessary for a custom to be a valid custom under the Indian legal system?
(a) Antiquity
(b) Recognition by the courts
(c) Reasonableness
(d) Continuity
Q.6. Subordinate legislation emanates from____________?
(a) any authority other than the sovereign power
(b) dictators to subordinates
(c) usage of immemorial antiquity
(d) any subordinate being
Q.7. Possession is prima facie evidence of title of ownership. Hence_____________?
(a) long adverse possession confers title even to a property that originally belonged to another
(b) in all cases, possession leads to ownership
(c) transfer of possession is not a mode of transferring ownership
(d) long adverse possession confers title to the property which originally belonged to another
Q.8. Assertion (A): it is easy to identify sociological jurisprudence with Pound.
Reason (R): Sociological Jurisprudence neither begins nor ends with Pound.
(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.9. Assertion (A): Kelsen follows Kant in distinguishing between “is” and “ought”.
Reason (R): Kelsen is a forerunner of the Philosophical School.
(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.10. Assertion (A): The term ‘Sources of law’ conveys many meanings.
Reason (R): Law has formal and informal sources.
(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
Answers with Explanations
1.Correct Answer: B
Explanation- According to Hart, the legal system arises from the combination of two types of rules. They are primary and secondary rules. The secondary rule of recognition is accepted and used for the identification of primary rules of obligation. Hence Option B is correct.
2.Correct Answer: A
Explanation- Historical jurisprudence deals with law as it appears in its forms and at its several stages of development. It said that Law is found not made. Hence Option A is correct.
3.Correct Answer: D
Explanation- Salmond refers to the formal and material sources of law. A formal source is that from which a rule of law derives its force and validity. It is that from which the authority of law proceeds. Hence Option D is correct.
4.Correct Answer: D
Explanation- The method of Austin was borrowed from English origin. Austin was called the father of English Jurisprudence. Hence Option D is correct.
5.Correct Answer: A
Explanation- In the case of India, the English Law regarding legal memory is not applied. All that is required to be proved that the alleged custom is ancient. It does not require a Custom immemorial. Hence Option A is correct.
6.Correct Answer: A
Explanation- Subordinate legislation is that which proceeds from any authority other than the sovereign power. It is dependent for its continued existence and validity on some superior authority The Parliament of India possesses the power of supreme legislation. However, other organs have the power of subordinate legislation. Hence Option A is correct.
7.Correct Answer: A
Explanation- Possession is so important that a possessor may in many cases confer a good title on another even though he has none himself. If a property is already owned, its wrongful possession is a good title for the wrong-doer as against all the world except the true owner. Hence Option A is correct.
8.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are true but ‘R’ does not correctly explain ‘A’ :
Roscoe Pound propounded the concept of ‘Social engineering’ by which it is easy to identify the concept of Pound. The pound was called the unchallenged chief of Sociological Jurisprudence. Hence Option B is correct.
9.Correct Answer: C
Explanation- ‘A’ is true but ‘R’ is false because he is not the forerunner of Philosophical School but he is a positivist. But Kelsen indeed took help from Kant’s theory. Hence Option C is correct.
10.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ are true but ‘R’ does not explain correctly.
It is true that the term ‘Sources of Law’ has been used in different senses by different writers. Sometimes the law is used in the sense of Sovereign, or the State, cause law etc. Salmond refers to the formal and material sources of law. Hence Option B is correct.