Solve the amazing and exhaustive quiz containing the questions for major portion of Jurisprudence for All India Bar Examination.

1.) The Natural Law School, as propounded by Salmon, claims that positive law derives its standard from 

A.) Consensus 

B.) An objective norm that has to be followed in the interest of order in society 

C.) Superior moral standards 

D.) Command of the sovereign 

E.) None of the above 

2.) According to Ronald Dworkin, what is indispensible in order to interpret and apply laws? 

A.) legal authority 

B.) introduction of moral judgments 

C.) a body of judges who are capable of keeping personal value judgments out of reach of laws 

D.) a robust system of courts 

E.) Both (c) and (d) 

3.) Ronald Dworkin’s ‘Original Problem’, based on Riggs v. Palmer, 115 NY 506, is used to illustrate the principle that Law is not merely a system of Rules but there are also ‘principles, policies and other sort of standards’ that govern the legal system. What was the case scenario in Riggs v. Palmer? 

A.) the judge trying the case was himself a witness 

B.) a man sued his father who struck him in self defense when the former attempted to kill him 

C.) a defamation suit was filed by a man who knew the aspersions against him were true 

D.) a man sought to sell the property of the person he killed 

E.) none of the above 

4.) Legal Positivism directly clashes with which theory? 

A.) Normative Jurisprudence 

B.) natural law theory 

C.) Legal Realism 

D.) Constructivist theory 

E.) None of the above; they are all compatible 

5.) Who among the following scholars is not a proponent of Legal Positivism? 

A.) Ronald Dworkin 

B.) John Austin 

C.) Joseph Raz 

D.) H. L. A. Hart 

E.) None of the above 

6.) What is the fundamental problem in finding an analogy of Austin’s political sovereign in India’s Constitution? 

A.) Austin’s sovereign cannot be identified 

B.) Austin’s political sovereign it turn, does not himself habitually obey some other person or persons 

C.) Austin’s concept is radically flawed 

D.) ‘We, the people’ as a political sovereign is too diffuse a body to locate sovereignty with certainty. 

E.) both (b) and (d) 

7.) Since Hart asserts that there is ‘no necessary connection between law and morality’, what then, is the difference between Hart’s Inclusive Legal Positivism and Exclusive Legal Positivism? 

A.) Inclusive Legal Positivism does not completely discount the possibility of interface between law and morality 

B.) There’s no difference as such between the two 

C.) The former rejects conventional morality while the latter rejects critical morality 

D.) The former rejects critical morality while the latter rejects conventional morality 

E.) Both c and d are true 

8.) The functional approach to understanding Law is best explained as: 

A.) A key to morality of law 

B.) an evolution of the society by social and economic circumstances 

C.) Divine infallibility of the law-maker 

D.) a code of conduct that man has devised 

E.) None of the above 

9.) One way to grapple with the problem of conflicting claims over limited resources according to Amartya Sen would be: 

A.) Adopt socialism 

B.) The communist approach to distribution 

C.) Ensure justice is served irrespective of means 

D.) Replace ‘obsession with justice’ with an aim of reducing Injustice 

E.) All of the above 

10.) Harm Principle would be: 

A.) a rider on the liberty of persons can only be justified to avoid harm to a larger segment of persons 

B.) a tenet that harm should be avoided at all costs 

C.) that individual cannot be harmed even if it causes society to suffer harm 

D.) that injustice is harmful to the society 

E.) none of the above 

11.) Which of the following scholars and the theories they endorse is matched wrongly? 

A.) Dworkin – Law is not merely a system of rules 

B.) Hart- There are liberties which override ordinary considerations of utility. 

C.) Hart- There are liberties which override ordinary considerations of utility. 

D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it 

E.) None of the above 

12.) Who among the following is not an analytical positivist? 

A.) Jeremy Bentham 

B.) John Austin 

C.) Hans Kelsen 

D.) H. L. A. Hart 

E.) None of them are analytical positivists 

13.) Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction? 

A.) long title 

B.) preamble 

C.) headings 

D.) definitions 

E.) Parliamentary history 

14.) What is the problem with defining ‘Law’ as a ‘Command’? 

A.) Nothing, law can be so defined 

B.) Obligations are sometimes entered into voluntarily by parties and the Law does not mandate them to do so 

C.) Command has to be obeyed, unlike law 

D.) Law has a lower threshold of expectation than command 

15.) Illustration: People who act contrary to rules ought to be liable for punishment. Principle: Austin said, “[t]he existence of law is one thing; its merit or demerit is another. Question: What then, gives a rule the force of Law? 

A.) The idea of a sanction is built into the very notion of law 

B.) Its rigidity 

C.) Considerations of utility and efficient management of resources that Law contemplates 

D.) Its incorporation of temporal moral value 

E.) All of the above 

16.) The significance of the classification as ‘primary’ and ‘secondary’ rules indicates that secondary rules ……………….. 

A.) are subservient to Primary rules 

B.) cannot exist without Primary rules 

C.) can never become law. 

D.) are unimportant and can be applied in an unorthodox manner 

E.) none of the above 

17.) Which is correct?. 

A.) A.19(1)(a) that denies the State the power to take away an individual’s liberty such as freedom of speech and expression. 

B.) A. 19(1) that provides the ‘reasonable restrictions’ of ‘public order, decency and morality’ 

C.) A. 21

D.) A. 14

E.) All of the above 

18.) Identify the wrongly matched source/origin of law: 

A.) Devlin – Reliance upon marriage laws to prove his theory 

B.) Joseph Raz – Exclusive legal positivism 

C.) Andrei Marmor – Exclusive legal positivism 

D.) eremy Bentham – Functional approach to law 

E.) None of the above 

19.) Identify the stage of law that is not a part of Maine’s comparative and anthropological approach: 

A.) A time when law was made by the commands of a ruler, acting under ‘divine inspiration’ 

B.) Where such commands gain wider currency as customary law 

C.) The emergence of a minority, such as priests, who have control of the knowledge and administration of customary law 

D.) The promulgation of law as a code 

E.) None of the above 

20.) Principle of Liberty and Difference Principle, mentioned in a theory of justice was written by: 

A.) Savigny 

B.) Austin

C.) John Rawls 

D.) Hart 

E.) Maine 

21.) Illustration: Other Backward Classes (OBCs) have a reservation of 27% in Government Educational Institutions. Question: This is an example of a particular idea of justice. Pick the right one: 

A.) Mill’s Harm Principle 

B.) Rawls’ Liberty Principle 

C.) Rawls’ Difference principle 

 

D.) Fuller’s Inner Morality 

E.) None of the above 

22.) Illustration: In claiming a seat in an engineering college, for example, there are competing but sometimes equally strong claims. Amartya Sen’s suggestion of a way out of the conundrum is: 

A.) survival of the fittest 

B.) an across-the-board standard of Merit 

C.) Need-based discrimination 

D.) Appropriate measure to be identified by examining what reduces all forms of ‘injustice’ the best 

E.) auction of seats 

23.) Which of the following is an example of Jural Correlatives? 

A.) Liberty: Privilege 

B.) No right: No claim 

C.) a and b are jural correlatives of each other 

D.) Harm: Welfare 

E.) None of the above 

24.) Examples of jural opposites 

A.) Right: Claim & No right: No claim 

B.) Liberty: Privilege & Duty 

C.) Duty & Right: Claim 

D.) Both a and b are true 

E.) None of the above 

25.) Illustration: A Constitution Bench of the Supreme Court held that a Member of Parliament enjoys immunity under Aa.105(2) or 105(3) of the Constitution from being prosecuted for allegations of bribery for the purpose of speaking or giving his vote in Parliament or in any committee thereof. 

Question: Keeping Hohfeld’s matrix in mind, examine the Supreme Court’s judgment to be an illustration of: 

A.) The presence of ‘immunity’ in the Member of Parliament necessarily implies the absence of ‘liability’ in himself. 

B.) Unforeseen eventuality 

C.) Presence of ‘immunity’ in Member of Parliament implies the presence of ‘disability’ in the court of law of to prosecute for an offence of bribery 

D.) All of the above 

E.) Both (a) and (c) 

26.) While applying the literal rule of interpretation, it is important to keep in mind the: 

A.) language 

B.) theme 

C.) context 

D.) applicability 

E.) All of the above 

27.) Jurisprudence would be the study of: 

A.) what is law 

B.) the ‘why’s of law 

C.) legal philosophy 

D.) all of the above 

E.) none of the above 

28.) A basic premise of natural law theory is: 

A.) existence of objective moral principles 

B.) a code of conduct being the essential nature of the universe 

C.) no human being is above the Law 

D.) all of the above 

E.) none of the above 

29.) The point of conflict between natural law theorists and positivists is: 

A.) there are objectively valid moral propositions 

B.) moral propositions constitute a superior law 

C.) failure to conform to such a superior law deprives ordinary positive law of all legality 

D.) both b) and c) 

E.) Their theories are consistent 

30.) Following are scholars and their theories. Identify the wrong one: 

A.) Thomas Acquinas- rules of positive law that conflict with natural law are invalid 

B.) Lon Fuller- any genuine legal system ought to abide by certain moral principles 

C.) H. L. A. Hart- the introduction of moral judgements is necessary in order to interpret and apply laws 

D.) Devlin- a society has a right of self-defence against any harm that may ensue to the moral code that binds it 

E.) Henry Maine- there exist objective moral principles which depend on the essential nature of the universe and which can be discovered by natural reason 

31.) les injusta non est lex, or ‘unjust law is no law’ is a necessary consequence of the understanding of which legal theory? 

A.) traditional natural law theory 

B.) inclusive legal positivism 

C.) exclusive legal positivism 

D.) historical School of the functional approach to Law 

E.) sociological school of the functional approach to Law 

32.) The problem with Devlin’s theory is that: 

A.) He does not consider that if a minority dissents from the moral code that supposedly binds the entire society together, it would be an appropriate response on the majority’s part to lead by example and resolve to follow the model code in letter and spirit rather than mounting attack on others 

B.) society’s moral code is stuck in a time warp 

C.) both a) and b) 

D.) It overtly stresses on society’s right to interfere with the liberties of an individual 

E.) He assumes a critical morality instead of conventional morality 

33.) Who among the following is an analytical positivist? 

A.) Jeremy Bentham 

B.) John Austin 

C.) Hans Kelsen 

D.) all of the above 

E.) none of the above 

34.) Following are schools of Law/Scholars and the corresponding source of Law. Identify which is matched wrong: 

A.) Natural law- law as the command of a sovereign 

B.) Functional approach- law as the result of the evolution of society 

C.) Savigny- or common consciousness of people 

D.) Salmond- Volksgeist 

E.) None of the above 

35.) Identify the scholar who describes Law as a tool and a means of harmonising social interests that may be in conflict. 

A.) Roscoe Pound 

B.) Ronald Dworkin 

C.) John Austin 

D.) H. L. A. Hart 

E.) Devlin 

36.) In the case of S.R. Batra v. Smt. Taruna Batra, the daughterin-law petitioned the Supreme Court to declare the house where she was living after marriage as the ‘matrimonial home’. The house in question was owned by the mother-in-law, and not Smt. Taruna Batra’s husband. The Supreme Court held that the rights of Smt. Taruna Batra available under any Indian law could be enforced only against her husband, and not against her father-in-law or mother-in law. 

A.) the presence of ‘liberty/privilege’ in mother-in-law implies the presence of ‘no-right/no-claim’ in the daughter-in-law 

B.) The presence of ‘liberty/privilege’ in mother-in-law’ necessarily implies the absence of ‘duty’ on behalf of the mother-in-law 

C.) The presence of right/claim of daughter-in-law implies presence of duty in mother-in-law 

D.) Both a) and b) 

E.) None of the above 

37.) What Statute is an aid in the interpretation of Statutes? 

A.) General Clauses Act, 1897 

B.) Interpretation of Statutes Act, 1897 

C.) Law of Legislations, 1897 

D.) All of the above 

E.) Such a legislation does not exist; the definition section in the Statute to be interpreted is the only legislative aid to interpretation 

38.) Illustration: In the phrase ‘horses, cattle, sheep, pigs, goats, or any other farm animal’, the general language ‘or any other farm animal’ — despite its seeming breadth — would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens. 

This is an example of which rule of interpretation? 

A.) Ejusdem Generis 

B.) noscitur a sociis 

C.) Literal Rule 

D.) Both a) and b) 

39.) Illustration: In Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited was in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation? 

A.) Deletion Rule 

B.) Mischief Rule 

C.) Literal Rule 

D.) Ejusdem Generis 

E.) both a) and d) 

40.) Which of the following is the most accurate description of the Golden Rule of Interpretation? 

A.) Justice must be served 

B.) Literal meaning must always be adopted without fail 

C.) Literal meaning must always be adopted except when it leads to absurdity 

D.) ) All of the above 

E.) Context must be understood properly 

Answer Key 

1.) D 2.) B 3.) D 4.) B 5.) A 6.) E 7.) A 8.) B 9.) D 10.) A 11.) E 12.) D 13.) E 14.) B 15.) A 16.) B 17.) A 18.) D 19.) A 20.) C 21.) D 22.) D 23.) D 24.) D 25.) A 26.) C 27.) D 28.) D 29.) D 30.) E 31.) A 32.) C 33.) D 34.) D 35.) A 36.) D 37.) A 38.) C 39.) B 40.) D 

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