Afzal Test 2

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JURISPRUDENCE (TEST PAPER – 2)

1. Ownership is a plenary control over an object.” This definition is given by:


(a) Salmond
(b) Hallond
(c) Kart
(d) Sir Henry Maine
2. Which of the following is not a mode of original acquisition of ownership?
(a) Occupation
(b) Specification
(c) Prescription Inheritance
3. When the owner’s title is yet incomplete buy is capable of being perfect in future
on fulfillment of some condition , it is called:
(a) Wested ownership
(b) Trust ownership
(c) Contingent ownership
(d) Incorporal ownership
4. Who amongst the following said that the ‘ ownership is a right indefinite in
point of user’ conrestricted is point of lisposition and colimited in point of
duration
(a) Kelsen
(b) Holland
(c) Roscoe Pound
(d) Austin
5. Who does not consider title as on essential element of a legal right , because it
is only the evidence of the right or the source of the right?
(a) Paton
(b) Kelton
(c) Holland
(d) G.C. Subbarao
6. Ownership of goodwill of a business is :
(a) Corporal ownership
(b) Incorporal ownership
(c) Limited ownership
(d) Beneficial ownership
7. The theory of ownership advanced by Sir Henry Maine was :
(a) The prescriptive theory
(b) The scarcity theory
(c) The communal ownership theory
(d) The control theory
8. Who amongst the following has defined a legal person as “ an entity to which
right and duty may be attributed”.
(a) Salmond
(b) Paton
(c) Gray
(d) Dias
9. The “ Bracket theory” in Jurisprudence is related to which of the following.
(a) Ownership
(b) Ratio Decidenti
(c) Legal personality
(d) Possession
10. Fiction theory is related to which of the following concepts:
(a) Ownership
(b) Liability
(c) Justice
(d) Legal personality
11. State in India is :
(a) A corporation aggregate
(b) A corporation sole
(c) A combination of corporation aggregate and corporation sole
(d) A class of its own
12. The following is a legal person:
(a) The president of India
(b) The conion of India
(c) Both
(d) None of the above
13. Which one of the following is not a legal person:
(a) An idol
(b) Damodar Walley corporation
(c) Guru Granth Sahib
(d) A sanyasi
14. Who defined law as ‘ the abstract expression of the general will existing in and
for itself?
(a) Hegel
(b) Kant
(c) Keeton
(d) Hobbes
15. Who said that law is the rule whereby the invisible borderline is fixed within
which the being and the activity of each Individual obtain a secure and free
space?
(a) Hagal
(b) Kant
(c) Kelson
(d) Savigny
16. Who said ‘ law is a set of rules impossible and enforced by a society with regard
to the distribution and exercise of powers over person and things’?
(a) Hagal
(b) Kant
(c) Keeton
(d) Winogradoff
17. Who defined law as the ‘aggregate of rules set by men as politically superior , or
sovereigh to men as politically subject”.
(a) Cicero
(b) Frederick Pollock
(c) Ulpian
(d) John Austin
18. Ulpian was a ------Jurist
(a) Roman
(b) English
(c) German
(d) None of the above
19. Who defined Jurisprudence as ‘Knowledge of things divine and however, the
science of the just and conjust?
(a) John Austin
(b) Hugo Gratius
(c) John Salmond
(d) Ulpian
20. ‘The modern legislature makes laws to govern a society , which is fast – moving
. It is aware of the changing concepts of the emerging times.The law adapts
itself to social , economic, political , scientific and other revolutionary changes ‘
the supreme court held so in ?
(a) BSNL V union of India
(b) State of Maharashtra V Union of India
(c) State of UP V union of India
(d) None of the above
21. Jereony Benthon was a ceberated ___ Juris
(a) Roman
(b) English
(c) German
(d) None of the above
22. John Austin was a famous ____ Jurist
(a) Roman
(b) English
(c) German
(d) None of the above
23. Who distinguished between examinations of law as it is and as it ought to be?
(a) Jeremy Benthon
(b) Lon Fuller
(c) Muller
(d) John locke
24. Who described Jurisprudence as ‘lawyer’s
(a) Radeliffe
(b) Ion Fuller
(c) Muller
(d) Julius Stone
25. Who distinguished between expositional and consitorial Jurisprudence?
(a) Jerony Benthon
(b) Lon Fuller
(c) Muller
(d) John Locke
26. Who among the following wrote, ‘you will not mistake my meaning or suppose
that I deprecate are of the greatest human studies if I say that we cannot earn
law by learning law’?
(a) Radcliffe
(b) Con Fuller
(c) Muller
(d) Julius Stone
27. Julius Stone described Jurisprudence as ‘lawyer’s extraversion’s in his classic
book
(a) Law and society
(b) Human law and Human Justice
(c) Legal system and Lawyers reasonings
(d) Law and the social science in the second half century
28. Who among the following is the author of the book “ Law and its compass”?
(a) Radcliffe
(b) Con Fuller
(c) Muller
(d) Julius Stone

29. Who among the following is the author of the book ‘Social dimensions of law
and Justice?
(a) Radcliffe
(b) Con Fuller
(c) Muller
(d) Julius Stone
30. Julius Stone was a celebrated _____ Jurist
(a) Roman
(b) Eglish
(c) German
(d) None of the above
31. The Jurist gave more predominance to the rule of law than droi Administratiff
was
(a) Jennings
(b) AV Dicey
(c) John Salmond
(d) Hall
32. Who among the following was the first to use the term ‘Sociology’?
(a) Duguit
(b) Savigny
(c) Auguste Condte
(d) None of the above
33. Who among the following is the author of the essay ‘Von Beruf’?
(a) Duguit
(b) Sabigny
(c) Auguste Conte
(d) None of the above
34. According to sabigny law is the product
(a) Volksgeist
(b) Natonal spirit or genius of the people
(c) Custom and tradition
(d) (a) and (b) only
35. Who regarded law as ‘ normative science’?
(a) Hans Kelsen
(b) Julius Stone
(c) Auguste Conte
(d) None of the above
36. Who among the following opine ‘ law is no doubt a remedy for greater evils yet it
brings evils of its own’?
(a) Lord Devlin
(b) Lord Atkin
(c) Chipmor Grey
(d) John Salmond
37. Who coined ‘A legal system is only the some total of laws and that are only need
to identify a law’?
(a) Jerony Benthom
(b) John Austin
(c) John Salmond
(d) Ihering
38. Hypothesis of ground norm ws propounded by
(a) John Austin
(b) Duguit
(c) HLA Hart
(d) Hans Kelsen
39. Who among the following is related to the historical school of Jurisprudence?
(a) John Salmond
(b) Jenry Benthan
(c) John rauls
(d) Henry Maine
40. Hugo Grotius is regarded as the Father of :
(a) Realist School
(b) Analytical School
(c) Historical school
(d) Hilosphical school
41. Who among the following is called ‘ Darwinian before Darwin and a sociologist
before sociologists’?
(a) Sabigny
(b) W Friedman
(c) Jeremy Bentham
(d) Roscoe pound
42. Who said , ‘ The historical movement in Jurisprudence may be called the revolt
of act against fancy’?
(a) Jeneny Benthon
(b) Con Fuller
(c) Muller
(d) Allen
43. Who among the following is considereble the father of modern sociological
Jurisprudence?
(a) Jereny Bentham
(b) Lan Fuller
(c) Muller
(d) Iherin
44. Who called inhering the father of ‘Modern sociological Jurisprudence’?
(a) Hans Kelsen
(b) W Fiedman
(c) Jeromy Benthom
(d) Roscoe Pound
45. According to ______ there are some kinds of law which , though not commands
are still within the province of Jurisprudence
(a) Jerony Bentham
(b) Lon Fuller
(c) Muller
(d) John Austin
46. According to Austin , there are some kinds of law which though not commands
are still within the province of jurisprudence. They are
(a) Declaratory statutes
(b) Repealing statutes
(c) Laws of imperfect obligation
(d) All of the above
47. About whom, it is said that he ‘pushed natural law out thorough the door and
let it come by window?
(A) Inhering
(B) Ehrlich
(C) Duguit
(D) Roscoe pound
48. According to Bryce, “_____ contributions to juristic science are so scarty and so
much entangled in error that this book ought o longer to find a place among
those prescribed for students’.
(a) Paton’s
(b) Allen’s
(c) Austin’s
(d) Benthon’s
49. Social utilitarian theory was propounded by
(a) Inhering
(b) Ehrlick
(c) Duguit
(d) Roscoe pound
50. The Satement that ‘ there is no distinction between public and private law’ is
attributed to
(a) Auguste conte
(b) Spencer
(c) Duguit
(d) Ehrlick
51. Who among the following is the author of the book ‘ The morality of law’?
(a) Jeneny benthon
(b) Lan Fuller
(c) Muller
(d) John locke
52. According to the theory of ‘social utilitirianism’ as propounded by Inhering
(a) Greatest number of people should get greatest pleasure
(b) The essential body of legal rules is always based upon the social ‘ Facts’ of
law
(c) Law is a means oto social ends
53. Consider the following statements;

Assertion(A): laws are valid only if they are Jurist

Reason(R) : The aim of law is to secure Justice of these statements

(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
54. Who tested every law by the criterion whether it leads to the greatest happiness of
the greatest number?

(a)Hobbes

(b) Jeremy Benthom

(c)David Hoone

(d) Hugo Grotius

55. Bentham’s philosophy is called

(a) social engineering

(b) social solidarity

(c) utilitarian individualism

(d) None of the above

56. Consider the following statements with regard to natural law-

(1) The central motion of natural law is the existence of objective moral principles

(2) These principles are discovered by reference to legal sources such as the
constitutions, codes and so on.

(3) These principles depend on the essential nature of these statements

(a) (1) ,(2) and (3) are correct

(b)(1) and (2) are correct

(c) (2) and (3) are correct

(d) (1) and (3) are correct

57. Which of the following are the main disadvantages of the administration of Justice
according to law?

(1) Rigidity

(2) Conservation

(3) Formalism

(a) (1) and (2)

(b) (1) and (3)


(c) (2) and (3)

(d) (1) ,(2) and (3)

58.Positive law is called positive because it is

(a) made as a result of divine providence

(b) made as a result of collective effort

(c) made by a person in authority

(d) followed by everybody

59. Couigny’s view of the law was first presented into the famous pamphlet ‘ of the
vocation of of our age for legislation and Jurisprudence’ . This pamphlet was a-

(a) Reaction against natural law

(b) Reaction against the analytical theory of John Austin

(c) Reaction to the proposals made by professor AFJ Thibaut for the codification of the
laws and customs of the German States on the basis of Roman law and Napoleonic
code

(d) Suggestion for the codification of the laws and customs of the German State on the
basis or Roman law as Roman law had become the German Volks geist

60. ‘Law as such is found and not made. It is to be found in popular faith, common
convictions, customs, traits, habits, traditions which in course of time grow into legal
rules.’ This concept of law was propounded by

(a) Thibaut

(b) Henry Maine

(c) Savigny

(d) John Salmond

61. The fault of the Historical school of the Jurist lies in-

(a) Recognizing the empirical basis of law

(b) Not recognizing the empirical basis of law

(c) Holding that law is a product of social evolution

(d) Identifying custom with law itself


62. 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

63. Which one of the following statements is true?

(a) The analytical method which Austin applied was undoubtly of German origin

(b) The method applied by Austin was the method already adapted by the Americans.

(c)Austin 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

64. The general rule of external human action enforced by a savigny political authority
is called

(a) Sanction

(b)Rule of law

(c) Positive law

(d) None of the above

65. Who among the following is considered as the American leader in the field of
sociological Jurisprudence?

(a) Roscoe pound

(b) John Austin

(c) Julius stone

(d) Holland

66. Hans Kelson was the exponent of Viennese School of Jurisprudence . The
statements sis

(a) True

(b) False

(c) Partly correct


(d) None of the above

67.Who defined natural law as ‘reason conaffes desires’?

(a) Aristotle

(b) Holland

(c) Ehrlich

(d) Pound

68. In the realization of Justice , the specific content of a rule of positive law will vary
from place to place and from time to time. This theory has been propounded by

(a) Rudolf Stammler

(b) Joseph Kohler

(c) David Hume

(d) Hugo Grotius

69.Who among the following authored the famous book ‘De Legibus’?

(a) Aristotle

(b) Cicero

(c) Socrates

(d) Plato

70. That true law is right reason in aggrement with nature was propagated by

(a) John Salmond

(b) Hugo Grotius

(c) HLA Hart

(d) Cicero

71. The expression ‘law’ in relation to Jurisprudence means-

(a) Law in its abstract sense only

(b) Positive law only

(c) Fundamental legal principles


(d) Theories of punishment

72. Match List – 1 (statement) with List – 2 (author) and select the correct answer from
the codes given below the lists:

LIST -1(STATEMENT) LIST -2 (AUTHOR)


(A) Custom is historical source of law 1. Maine
(B) Custom is not sole source of lww 2. Austin
(C) Custom is to society what law is ti 3. Black Stone
state
(D) Common law is unreacted law 4. Gray

CODES:

A B C D

(a) 3 1 2 4

(b) 2 4 3 1

(c) 3 4 2 1

(d) 2 1 3 4

73. Who divided the societies into static and progressive?

(a) John Austin

(b) Herony Bentham

(c) Holland

(d) Henry Maine

74. Who said ‘Jurisprudence is lawyers’ perspectives?

(a) John Salmond

(b) Hugo Grotius

(c) Pollck

(d) Cicero

75.Who said , ‘ Sociological school is meta Juristic’?

(a) Hans Kelson

(b) John Austin


(c) David Hoome

(d) Hugo Gratius

76.According to Austin the science of any actual system of law or any portion of it is
called –

(a) general Jurisprudence

(b) Real Jurisprudence

(c) Philosophical Jurisprudence

(d) Particular Jurisprudence

77. Which of the following are correct combination?

1- Bentham and natural law

2- Autin and positinism

3- roscoe pound and sociological Jurisprudence

4- Henry maine and philosophical school

CODES:

(a) 1 and 2 only


(b) 2 and 3 only
(c) 3 and 4 only
(d) 1, 2 and 3

78. Who opines ‘law and state are the same’?

(a) Hans Kelson

(b) Mantesquiu

(c) Roscoe pound

(d) F savigny

79. Consider the following statements:

St. Thomas Aquinas

1- Belongs to Dark Ages


2- Is a naturalist
3- Supports use of force by the church
4- Uses rational arguments to prolmote the authority of the church.
which of the statements given above are correct?
(a) 1 and 3
(b) 2 and 4
(c) 1 ad 4
(d) 2 and 3

80. Who among the following is the author of the book ‘ Definition and theory in
Jurisprudence’?

(a) HLA Hart

(b)Lon Fuller

(c) Muller

(d) Julius stone

81. Who among the following is the author of the book ‘law , liberty and morality’?

(a) Jenemy Benthom

(b) Lon Fuller

(c) Muller

(d) HLA Hart

82. Who among the following revived legal position in the middle of the 20 th century?

(a) HLA Hart

(b) Muller

(c) Lon Fuller

(d) None of the above

83. Who said, “ Laws may differ from the commands of a severegn, because they may
apply to those individuals who enact them and not merely to other individuals’?

(a) Jenery Benthom

(b) Lan Fuller

(c) Muller

(d) HLA Hart

84. Who described his view on law as ‘soft positivinism’?


(a) Jenomy Benthom

(b) Lon Fuller

(c) Fuller

(d) HLA Hart

85. Who among the following is the autor of the book ‘laws empire’?

(a) John Austin

(b) Lan Fuller

(c) Muller

(d) Dwrkin

86. Law is means of

(a) Social Theory

(b) Individual development in society

(c) State Action

(d) Social control

87. Who described Jurisprudence as ‘science of positive law’?

(a) John Austin

(b) Ihering

(c) Hans Kelson

(d) JJ mill

88. To which of the following concepts, the Hart- fuller controversy relates to –

(a) Reasonableness

(b) Obligations

(c) Activism

(d) Morality

89. Who among the following coined the terms of legal theory’?

(a) Hans Kelsen


(b) W Friedman

(c) Jeremy Bentham

(d) Rpscoe pound

90.Who propounded the ‘Utilitanian theory’?

(a) Hans Kelsen

(b) Henry Maine

(c) Jeromy Benthom

(d) Julius stone

91. Who propounded Institutional theory?

(a) Haurion

(b) Renard

(c) Muller

(d) Both (a) and (b)

92. Which school emerged as a reaction to French revolution?

(A) Historical school

(b) Marmative school

(c) Imperative school

(d) None of the above

93. Who defined Jurisprudence as the philosophy of the positive law?

(a) Jenry Benthom

(b) an Fuller

(c) Muller

(d) John Austin

94. Which of the following deals with the first principles of ethical significance and
adequacy of law?

(a) Historical Jurisprudence


(b) Analytical Jurisprudence

(c) Philosophical Jurisprudence

(d) None of the above

95. Who authored the book ‘ Law and Moralsl’?

(a) Gierke

(b) Karl Marks

(c) Socrates

(d) Roscoe pound

96.Who amond tge following agreed with Benthoms view regarding utilitarianism?

(a) Gierke

(b) Karl Marks

(c) Socrates

(d) JS Mill

97. Who opined that Benthom was neither a Jurist nor a moralist in the proper sense
of the word?

(a) John Austin

(b) Ihering

(c) Henry maine

(d) W Friedman

98. Who pointed out on Benthom’s failure to develop clearly his own conception of the
balance between individual and community interests?

(a) John Austin

(b) Henry Maine

(c) Roscoe Pound

(d) Friedman

99.’Custom is to society what to law is to state- this statement belongs to –

(a) Savigny
(b) Hans Kelson

(c) Lord Lloyd

(d) Henry Maine

100. ‘Liberty without independent Jural significance’ was propounded by-

(a) Hans Kelsen

(b) Duguit

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