JURISPRUDENCE

STRAIT/SHORT ANSWER QUESTIONS

1. Who, for the first time, coined the term “legal theory?”
Ans. W. Friedman

2. Who has described jurisprudence as the “lawyer’s extraversion?”

Ans. Julius stone

3. Who said that “jurisprudence is the observation of things human and divine?”
Ans. Ulpian

4. Who said that “jurisprudence is the systematic arrangement of the rules followed by the
courts?”
Ans. Gray

5. Who said that “jurisprudence is the philosophy of positive law?”

Ans. Austin

6. Who is the founder of the analytical school?

Ans. Bentham

7. Who is the father of English jurisprudence?

Ans. Austin

8. Who divided jurisprudence into two parts – expositorial and censorial?

Ans. Bentham

9. Who has written the famous book, “Province of jurisprudence determined?”

Ans. Austin

10. Which jurist termed analytical school as imperative school?

Ans. Allen

11. Who is the founder of the historical school?

Ans. Savigny

12. Who said this- Law grows when the nation grows. Law strengthens when the nation
strengthens. Law dies when the nation loses nationality.
Ans. Savigny

13. Which article of the constitution reflects the Volksgeist Theory of Savigny?
Ans. Preamble, Article 13, 15, 25, 26, 44 and 324

14. Which jurist has given the pure theory of law?

Ans. Kelson

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15. Who is the father of the philosophical school?
Ans. Grotius

16. Who propounded the theory of social solidarity?

Ans. Duguit

17. Which jurist said that possession is physical control over an object?
Ans. Pollock

18. What does the term corpus possessionis mean?

Ans. Control over possession

19. In which case, it was held that a man cannot be a possessor of anything, of which
existence he is unaware?
Ans. R. vs Ashwell

20. Who said that “ownership is a plenary control over an object?”

Ans. Holland

21. The death penalty can be abolished by which theory of punishment?

Ans. Reformative theory

22. Who calls analytical school as school of positivism?

Ans. Dias

23. The command or sanction theory of Austin is criticised by other jurists as?
Ans. Gunman law

24. Who was the first jurist to follow historical school?

Ans. Montesquieu

25. Which jurist was the member of the Viceroy of the legal counsel of India and Vice-
chancellor of Calcutta University?
Ans. Sir Henry Maine

26. Who is the author of the book “Spirit of Law?”

Ans. Montesquieu

27. Who is the father and founder of sociology?

Ans. Auguste Comte

28. Who said that “right is a legally protected interest?”

Ans. Ihering

29. Which jurist said that “law is the measuring rod of any society?”
Ans. Durkheim

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30. Which jurist talks about the national character of law?
Ans. Montesquieu

31. Which jurist said that “jurisprudence is natural law with variable content?”
Ans. Stammler

32. What is the guiding force of the historical school?

Ans. Customs

33. Who said that “public policy is an unruly horse?”

Ans. Justice Borrough

34. Who supported the view that “Judges not only discover law but also they made law?”
Ans. Blackstone

35. Who, for the first time, incorporated the rule of state succession in jurisprudence?
Ans. Grotius

36. Who defined law as the “De psychologised command?”

Ans. Kelson

37. Who wrote the book “the concept of law?”

Ans. Hart

38. Who is the main propounder of the declaratory theory of judicial precedent?
Ans. Blackstone

39. Is a mosque a legal person or not?

Ans. Mosque is not a legal person.

40. Which theory of punishment implies that crime is a disease, and the purpose should be
to cure the disease?
Ans. Reformative theory

41. What is the validity of the decision given per incuriam?

Ans. It is not binding

42. Who said that “the only right which a man possesses is to perform his duty?”
Ans. Duguit

43. Who made a statement that “Unborn child has no legal entity because it is rightless?”
Ans. Paton

44. Who expounded the concept of living law?

Ans. Eugen Ehrlich

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45. Who made the statement that “Austin is like a palm tree in jurisprudence?”
Ans. Maine

46. Who was the supporter of the economic principle of “Laissez Faire?”
Ans. Bentham

47. Who said that “Movement of progressive societies has hitherto been from status to
contract?”
Ans. Rosco Pound

48. Who said that “pure theory is like a human skeleton without blood and flesh?”
Ans. Julius Stone

49. Who made a statement that “certainty of law is a myth?”

Ans. Jerome Frank

50. What is the legal status of a dead man?

Ans. Not a legal person (Actio personalis moritur cum persona– action dies with the death of
a man.)

MULTIPLE CHOICE QUESTIONS: I

1. Who propounded the theory of utilitarianism: ‘The proper end of every law is the promotion
of the greatest happiness of the greatest number.

A. Austin B. Hart C. Bentham D. Allen

Answer: C

2. Who is considered as the Father of English Jurisprudence:

A. Blackstone B. Herbert Spencer C. Austin D. Savigny

Answer: C

3. Whose lectures were published under the title ‘The Province of Jurisprudence Determined’

A. Henry Maine B. Bentham C. Auguste Complete D. Austin

Answer: D

4. Who wrote an influential book ‘The Concept of Law’ criticizing Austin’s theory:

A. Dr. Allen B. Professor Hart C. Ihering D. Hans Kelsen

Answer: B

5. Who proposed the ‘Pure Theory of Law’ i.e., a theory which is free from social, historical,
political, psychological, etc., influences:

A. Sir Henry Maine B. Salmond C. Hans Kelsen D. None of the above

Answer: C

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6. Who is called as “Darwinian before Darwin and Sociologist before sociologists”:

A. Savigny B. Darwin C. Montesquieu D. Maine

Answer: A
7. Who said law has its source in the general or common consciousness (Volksgeist) of the
people:
A. Henry Maine B. Savigny C. Allen D. Puchta

Answer: B

8. Who said “The natural law being coexisting with mankind and emanating from God himself
is superior to all other laws. It is binding over all the countries at all times and no man-
made law will be valid if it is contrary to the law of nature.”

A. Salmon B. Blackstone C. Austin D. Lon Fuller

Answer: B

9. Who distinguished expositorial jurisprudence (i.e., what the law is) from censorial
jurisprudence (i.e., what the law ought to be):

A. Bentham B. Fuller C. Austin D. Hart

Answer: A

10. According to ……: “Law may be defined as the body of principles recognized and applied by
the state in the administration of justice.”

A. Gray B. Vinogradoff C. Sir John Salmond D. Justice Cardozo

Answer: C

11. Who defined ‘jurisprudence’ as “the philosophy of positive law.”

A. Austin B. Holland C. Salmond D. Keeton

Answer: A

12. Cicero was a ……law jurist.

A. Greek B. Roman C. Chinese D. English

Answer: B

13…………. has presented the thesis that jurisprudence is a social engineering:

A. Black Stone B. Jeremy Bentham C. John Stuart Mill D. Roscoe Pound

Answer: D

14. According to John Austin the subject-matter of Jurisprudence is.

A. Positive B. Negative C. Both a’ and ‘b’ D. Metaphysical

Answer: A

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15. Legal Realism is the theory of law according to which ‘law is the

A. Wisdom B. Understanding C. Practice

Answer: C

16. The fair and ………...distribution of rights and obligations, is known as

A. equal B. equitable C. natural. D. political

Answer: B

17. Probation is a ………….. of the administration of criminal justice:

A. Kind B. Type C. Characteristic D. Component

Answer: D

18. ………..states that all the actions of human beings are controlled by two sovereigns, namely
‘pain’ and “pleasure

A. Hedonism B. Utilitarianism C. Realism D. Formalism

Answer: A

19. The theory of Utility was propounded by.

A. Roscoe Pound B. Jeremy Bentham C. Henry Maine D. Rawls

Answer: B

20. The sources of law were classified by

A. Salmond/Keeton B. Salmond/Austin C. Keeton/Austin D. Hobbes/Holland

Answer: A

21. Legislation is derived from two Latin terms, legis which means

A. Leg/Legs B. Law/to make C. Low/price D. Rule/Random

Answer: B

22. Delegated legislation is a ______

A. Supreme B. Superb C. Kind D. None of above

Answer: D

23. …….is a source of law.

A. Media B. Internet C. Religion D. Precedent

Answer: D

24. Summa Theologica is a(n)……….…. written by……...…

A. Report/Hobbes B. Article/Aristotle C. Book/Thomas Aquinas D. Book/ Saint Joseph

Answer: C

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25. The book Leviathan was written by.

A. Grey B. Lloyd C. Hobbes D. Austin

Answer: C

26. Stare Decisis means the previous judgments shall be.

A. Amended B. Replaced C. Substituted D. Upheld

Answer: D

27. The thing on which the right is to be exercised is known as.

A. Subject B. Object C. Content D. Characteristic

Answer: B

28. Animus possidendi means.

A. Animal B. Power C. Desire D. None of above

Answer: D

29. Ownership is the

A. de jure B. de facto C. ipso facto D. per se

Answer: A

30. The term person is derived from Latin term persona which means.

A. Human being B. Living thing C. Animals D. Mask

Answer: D

31.John Austin defines jurisprudence as “

A. Study/moral B. Philosophy/ethical C. Philosophy/positive D. Science/positive

Answer: C

32. A good jurist is supposed to have a fair knowledge of…………….. for he in jurisprudence is
usually concerned with………..…. of human beings.

A. Chemistry/lives B. Astronomy/fate C. Ethics/earnings D. psychology/state of mind

Answer: D

33. Aristotle was……………...philosopher

A. Egyptian B. Chinese C. English D. None of above

Answer: D

34. The book Summa Theologica was written by.

A. Plato B. St. Thomas Aquinas C. Hugo Grotius D. Keeton

Answer: B

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35. Theory is stressing that ‘law is the practice of Courts’.

A. Legal Realism B. Natural Law C. Normative D. Command

Answer: A

36. The physical force of the state behind law is called as

A. Governance B. Army C. Public Order D. Sanction

Answer: D

37. Systematic arrangement of rules in a single document concerning a particular subject in a

way as to avoid inconsistency and overlapping. The process is known as.

A. Legislation B. Codification C. Prescription D. Administration

Answer: B

38. The book “Jurisprudence or Theory of the Law”, awarded with Swiney Gold Cup in 1914 by
Royal Society of Arts, was written by

A. Salmond B. Austin C. H.L.A. Hart D. Hobbes

Answer: A

39. ………………….is component of Administration of Criminal Justice.

A. Bureaucracy B. President C. Media D. None of above

Answer: D

40. A title which destroys the right is called as.

A. Vanishing B. Extinctive C. Original D. Investitive

Answer: B

41.Lex Externa is the ordinance of

A. Devine wisdom of universal governance B. Theory of jurisprudence

C. A school of thought D. None of above

Answer: A

42. Legal Realism was analyzed in United State by:

A. Salmond B. Holmes C. Austin D. Grotius

Answer: B

43. Discordance between law and fact may arise because:

A. Presumption of juris or presumption of law
B. Reputable (Rebuttable) Presumption and Conclusive Presumption
C. Fictio Juris or fiction of law
D. All of the above
Answer: C
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44. The theories of punishment are:

A. 2 in number B. 3 in number C. 4 in number D. 5 in number

Answer: D

45. Codification is a process of transformation of corpus juris into:

A. Precedent B. Executed Law C. Enacted Law D. None of the above
Answer: C

46. A libel upon a dead man shall be punishment to defend the right of:
A. The dead man B. Dead man’s property
C. Descendants of dead man D. All of the above

Answer: C

47.An unborn child has a legal status so far as

A. Duties on him B. Rights of unborn child

C. Defamation of unborn child D. None of the above

Answer: B

48. Divestitive facts can be:

A. Derivative titles B. Alienative facts C. Extinctive facts D. A&B

Answer: C

49.Injuria sine damna means:

A. Injury to a legal right with an actual damage

B. Injury to a legal right without an actual damage
C. No injury to a legal right with an actual damage
D. No injury to a legal right without an actual damage

Answer: B

50. An intention is:

A. The purpose of doing an act

B. The objective of doing an act
C. The ill-will of doing an act
D. All of the above

Answer: D

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 MULTIPLE CHOICE QUESTIONS: II

1. Jurisprudence is the study of ___________ law.

(a). Religious (b). Moral (c). Ethical

(d). Positive (e). None of above

Answer: (d). Positive

2. Cicero was a _________ jurist.

(a). Greek (b). Roman (c). Chinese

(d). English (e). None of above

Answer: (b). Roman

3. ___________ has presented the thesis that jurisprudence is a social engineering.

(a). Black Stone (b). Jeremy Bentham (c). John Stuart Mill

(d). Roscoe Pound (e). None of above

Answer: (d). Roscoe Pound

4. According to John Austin the subject-matter of Jurisprudence is ______ law.

(a). Positive (b). Negative (c). Both ‘a’ and ‘b’

(d). Metaphysical (e). None of above

Answer: (a). Positive

5. Legal Realism is the theory of law according to which ‘law is the _______ of court.

(a). Wisdom (b). Understanding (c). Practice

(d). weapon (e). None of above

Answer: (c). Practice

6. The fair and _________ distribution of rights and obligations, is known as justice.

(a). equal (b). equitable (c). natural

(d). political (e). None of above

Answer: (b). Equitable

7. Probation is a _________ of the Administration of Criminal Justice.

(a). Kind (b). Type (c). Characteristic

(d). Component (e). None of above

Answer: (d). Component

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8. ___________ states that all the actions of human beings are controlled by two sovereigns,
namely ‘pain’ and ‘pleasure’

(a). Hedonism (b). Utilitarianism (c). Realism

(d). Formalism (e). None of above

Answer: (a). Hedonism

9. The theory of Utility was propounded by ___________.

(a). Roscoe Pound (b). Jeremy Bentham (c). Henry Maine

(d). Rawls (e). None of above

Answer: (b). Jeremy Bentham

10. The sources of law were classified by _______ and ________.

(a). Salmond/Keeton (b). Salmond/Austin (c). Keeton/Austin

(d). Hobbes/Holland (e). None of above

Answer: (a). Salmond/Keeton

11. Legislation is derived from two Latin terms, legis which means ________ and latum which
means __________.
(a). Leg/Legs (b). Law/to make (c). Low/price

(d). Rule/Random (e). None of above

Answer: (b). Law/to make

12. Delegated legislation is a ____________ legislation.

(a). Supreme (b). Superb (c). Kind

(d). Proper (e). None of above

Answer: (e). None of above

Note: Option ‘c’ appears to be correct but it is not the correct answer as if
inserted in the blank space it cannot make a meaningful sentence. See for
example: Delegated legislation is a kind legislation. This sentence would mean
that delegated legislation is a nicer or gentle legislation. Which would obviously
be a wrong selection. Therefore, the only option is ‘e’.

13. ___________ is a source of law.

(a). Media (b). Internet (c). Religion

(d). Precedent (e). None of above

Answer: (d). Precedent

14. Summa Theologica is a(n) ________ written by _________.

(a). Report/Hobbes (b). Article/Aristotle (c). Book/Thomas Aquinas

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(d). Book/ Saint Joseph (e). None of above

Answer: (c). Book/Thomas Aquinas

15. The book Leviathan was written by _________.

(a). Grey (b). Lloyd (c). Hobbes

(d). Austin (e). None of above

Answer: (c). Hobbes

16. Stare Decisis means the previous judgments shall be _________.

(a). Amended (b). Replaced (c). Substituted

(d). Upheld (e). None of above

Answer: (d). Upheld

17. The thing on which the right is to be exercised is known as ________ of right.

(a). Subject (b). Object (c). Content

(d). Characteristic (e). None of above

Answer: (b). Object

18. Animus possidendi means ________ to posses

(a). Animal (b). Power (c). Desire

(d). Both ‘b’ and ‘c’ (e). None of above

Answer: (e). None of above
Note: Animus possidendi means ‘intention to possess’

19. Ownership is the ________ recognition of a claim.

(a) de jure (b). de facto (c). ipso facto

(d). per se (e). None of above

Answer: (a). de jure

20. The term person is derived from Latin term persona which means _______.

(a). Human being (b). Living thing (c). Animals

(d). Mask (e). None of above

Answer: (d). Mask

21.John Austin defines jurisprudence as “________ of _______ Law”.

(a). Study/moral (b). Philosophy/ethical (c). Philosophy/positive

(d). Science/positive (e). None of above

Answer: (c). Philosophy/positive

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22. A good jurist is supposed to have a fair knowledge of ______ for he in jurisprudence is
usually concerned with _______ of human beings.

(a). Chemistry/lives (b). Astronomy/fate (c). Ethics/earnings

(d). Psychology/state of mind (e). None of above

Answer: (d). Psychology/state of mind

23.Aristotle was _____ philosopher

(a) Egyptian (b) Chinese (c) English

(d) Arab (e) None of above

Answer: (e). None of above

24.The book Summa Theologica was written by _________.

(a). Plato (b). St. Thomas Aquinas (c). Hugo Grotius

(d). Keeton (e). None of above

Answer: (b). St. Thomas Aquinas

25. _______ Theory is stressing that ‘law is the practice of Courts’.

(a). Legal Realism (b). Natural Law (c). Normative

(d). Command (e). None of above

Answer: (a). Legal Realism

26.The physical force of the state behind law is called as ________.

(a). Governance (b). Army (c). Public Order

(d). Sanction (e). None of above

Answer: (d). Sanction

27.Systematic arrangement of rules in a single document concerning a particular subject in a

way as to avoid inconsistency and overlapping. The process is known as ______.

(a). Legislation (b). Codification (c). Prescription

(d). Administration (e). None of above

Answer: (b). Codification

28.The book “Jurisprudence or Theory of the Law”, awarded with Swiney Gold Cup in 1914 by
Royal Society of Arts, was written by __________.

(a). Salmond (b). Austin (c). H.L.A. Hart

(d). Hobbes (e). None of above

Answer: (a). Salmond

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29. ______ is component of Administration of Criminal Justice.

(a). Bureaucracy (b). President (c). Media

(d). Both ‘a’ and ‘c’ (e). None of above

Answer: (e). None of above

30.A title which destroys the right is called as ______ title.

(a). Vanishing (b). Extinctive (c). Original

(d). Investitive (e). None of above

Answer: (b). Extinctive

31.Lex Externa is the ordinance of:

(a). Devine wisdom of universal governance (b). Theory of jurisprudence

(c). A school of thought (d). None of above

Answer: (a) Devine wisdom of universal governance

32.Legal Realism was analyzed in United State by:

(a). Salmond (b). Holmes

(c). Austin (d). Grotius

Answer: (b). Holmes

33.Discordance between law and fact may arise because:

(a). Presumptio juris or presumption of law

(b). Reputable (Rebuttable) Presumption and Conclusive Presumption

(c). Fictio Juris or fiction of law

(d). All of the above

Answer: (c). Fictio juris or fiction of law.

Reason: Fiction of law or legal fiction is a devise through which law is believing
in existence of something which does not exist in fact. For example, law believes
that adopted son is the real son of the adopting parents, whereas, in fact, it is
not true. The adopting parents only adopted that child and they did not beget
him in reality. Hence, fiction creates a discordance between law and fact.

34.The theories of punishment are:

(a). 2 in number (b). 3 in number

(c). 4 in number (d). 5 in number

Answer: (d). 5 in number

Note: The five theories of punishment are: 1. Punitive, 2. Retributive,
3. Deterrence, 4. Reformative and 5. Compensatory

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35.Codification is a process of transformation of corpus juris into:

(a). Precedent (b). Executed Law

(c). Enacted Law (d). None of the above

Answer: (c). Enacted Law

36.A libel upon a dead man shall be punishment to defend the right of:

(a). The dead man (b). Dead man’s property

(c). Descendants of dead man (d). All of the above

Answer: (c). Descendants of dead man

37.An unborn child has a legal status so far as:

(a). Duties on him (b). Rights of unborn child

(c). Defamation of unborn child (d). None of the above

Answer: (b). Rights of unborn child
38.Divestitive facts can be:
(a). Derivative titles (b). Alienative facts

(c). Extinctive facts (d). A&B

Answer: (c). Extinctive

39.Injuria sine damna means:

(a). Injury to a legal right with an actual damage

(b). Injury to a legal right without an actual damage

(c). No injury to a legal right with an actual damage

(d). No injury to a legal right without an actual damage

Answer: (b). Injury to a legal right without an actual damage

40.An intention is:

(a). The purpose of doing an act (b). The objective of doing an act
(c). The ill-will of doing an act (d). All of the above

Answer: (d). All of the above

Reason: Intention is in fact a state of mind a particular person at a specified
moment. Hence, all of the above shows the state of mind a person which may be
negative as well as positive.

41. _______ hold that jurisprudence is the study of law as it is.

(a). Moralists (b). Naturalists (c). Positivists

(d). Realists (e). Analysts

Answer: (c). Positivists

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42.According to naturalists law is the dictates of:

(a). Rules (b). Heart (c). Reason

(d). Time (e). Sovereign

Answer: (c). Reason

43.Declaration of right is a __________ function of _________ Courts.

(a). Primary/Criminal (b). Secondary/Revenue (c). Primary/High

(d). Secondary/Family (e). Primary/Civil

Answer: There is no right answer to this objective.

This is a faulty question. Reason: The purpose of Criminal Court is to punish the
wrong doer, of Revenue Court is to decide upon the matters relating to revenue,
of Family Court is to decide the matters relating to family. High Court is both
original and appellate Court both in criminal and civil matters. It is Civil Court
which is having two functions, i.e. primary and secondary. The primary function
of civil court is to administer the civil rights in a society. Whereas, additional
functions known as secondary functions have also been entrusted to civil courts
which include declaration of rights, administration of properties etc.
Therefore, there is no option above as to this fact (secondary/civil). Hence,
this question is faulty.

44.Legislation is a _______ source of law.

(a). Historical (b). Legal (c). Comprehensive

(d). Natural (e). Beneficial

Answer: (b). Legal

45.Obiter dicta means saying ________.

(a). of the Court (b). by the way (c). Rationally

(d). Wrongly (e). None of these

Answer: (b). by the way

46.According to analysts, jurisprudence is the study of:

(a). Ideal law (b). Concrete law (c). International law

(d). Positive law

Answer: (d). Positive law

47.The kind of jurisprudence which deals with the law as it ought to be is known as:

(a). Analytical jurisprudence (b). Historical Jurisprudence

(c). Ethical Jurisprudence (d). None of above

Answer: (c). Ethical Jurisprudence

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48.The chief exponent of Command Theory of Law was:

(a). Salmond (b). Austin

(c). Holland (d). Paton

Answer: (b). Austin

49.The custom which itself possesses the force of law is called:

(a). Legal custom (b). Conventional custom

(c). Local custom (d). None of these

Answer: (a). Legal custom

50.The liability in which the sole intention of the law is to enforce the plaintiff’s right and
not to punish the wrong-doer is known as:

(a). Constructive liability (b). Penal liability

(c). Equitable liability (d). Remedial liability

Answer: (d). Remedial liability

51.Jurisprudence is derived from the word jurisprudentia, which is:

(a). German word (b). Latin word

(c). Greek word (d). Russian word

Answer: (b). Latin

52.Particular jurisprudence is the science which examine:

(a). Actual and single system of law (b). Actual and double system of law

(c). Actual and common system of law (d). None of these

Answer: (a). Actual and single system of law

53.Particular jurisprudence is the science which examine

(a). On the element of fear in the obedience of law

(b). On the element of dear in the ignorance of law

(c). On the evasion of law

(d). None of these

Answer: (d) None of these

54.Court deals with:

(a). Question of law (b). Question of fact

(c). Mixed factor of question of law and fact (d). All above

Answer: (d). All above

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55.Natural law means:

(a). Principles of common law (b). principles of constitutional law

(c). Principles of municipal law (d). Principles of natural justice

Answer: (d). Principles of natural justice

56.Administration of justice does not follow:

(a). Justice (b). Fair play

(c). Equity (d). Technicalities of law

Answer: Faulty question.

Reason: The first three choices could not be the right options as administration
of justice do follow justice, fair play and equity. Whereas, the last option seems
the right choice at the first sight, however, it is also not matching the
statement as Administration of justice is itself a technicality being set out in
procedural law. Hence, the correct statement would have been justice does not
follow: and then correct choice would be the technicalities of law. As justice
demands that technicality should hinder the distribution of justice.

57.Equity was originally:

(a). Extension to common law (b). Extension to statutes

(c). Revolt of common law (d). Amendment and modification of common law
Answer: Faulty question.
Reason: Equity was neither an extension to common law nor to statutes.
Furthermore, it was neither a revolt nor an amendment of common law. In fact,
equity was a parallel system of justice to common law which was supplementing
it and was filling the gaps if existed in it.

58.Title is de facto antecedent of which the right is the:

(a). De jure consequent (b). De jure precedent

(c). De jure antecedent (d). None of these

Answer: (a). De jure Consequent

59.Mistake of fact is:

(a). Not an excuse (b). A good excuse

(c). Mistake of law (d). None of these

Answer: (a). Not an excuse

60.Customs which have the force of law are:

(a). Legal custom and conventional customs
(b). Legal custom and constitutional customs
(c). Legal custom and racial customs
(d). Legal custom and material customs
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Answer: (a). Legal custom and conventional custom
61.John Austin belongs to Imperative School of Thought (True/False)

Answer: TRUE
62.Legal right is an interest protected both by law and morality. (True/False)

Answer: FALSE
Right Statement: Legal right as shown from its terminology is a right protected
by law not by morality.

63.The word ‘person’ has been derived from the Latin word persecute. (True/False)
Answer: FALSE
Right Statement: The word Person has been derived from the Latin word
persona which literally means ‘mask’.

64.Every decision of the Supreme Court of Pakistan is persuasive precedent for every Court
in Quetta. (True/False)

Answer: FALSE
Right Statement: Every decision of Supreme Court of Pakistan is Authoritative
Precedent for every Court in Quetta.

65.The possession of a thing through another person is called mediate possession.

(True/False)

Answer: TRUE

66.Jurisprudence is the study of law in concrete sense. (True/False)

Answer: FALSE
Right Statement: Jurisprudence is the study of law in abstract sense

67.Reformative theory implies the concept that, ‘hate the sin but not the sinner. (True/False)

Answer: TRUE
68.The common law doctrine of legislation is known as ‘stare decisis’. (True/False)

Answer: FALSE
Right Statement: The common law doctrine of Precedent is known as ‘stare
decisis’

69.Human beings are natural persons. (True/False)

Answer: TRUE

70.According to naturalists’ law is the dictates of reasons. (True/False)

Answer: TRUE

71.General order issued by a political superior to political inferior.

Answer: COMMAND
[[

72.Avoid pain and gain pleasure Answer: HEDONISM

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73.Saying by the way Answer: OBITER DICTA
74.Intention or desire to possess Answer: ANIMUS POSSIDENDI
75.Greatest happiness for the greatest number of people
Answer: UTILITARIANISM

76.Equal distribution of rights and duties among the members of the society

Answer: JUSTICE

77.Law is the Command of Sovereign enforceable by a Sanction

Answer: COMMAND THEORY OF LAW

78.Reason for the decision Answer: RATION DECENDENDI

79.The relation between a person and a thing which he possesses.

Answer: CORPUS POSSIONIS

80.The study of law as it ought to be.

Answer: CENSORIAL JURISPRUDENCE DEFINITIONS

81.Obiter Dicta: Literal Meaning: It means ‘saying by the way’.

Definition: It is the opinion or approach expressed in a judgment, as to some fact or
matter which is not in issue in that very decision. Obiter dicta is not a binding
precedent on the lower courts.

82.De facto: Literal Meaning: It means ‘of/in fact’.

Definition: Some phenomenon which is arising out or is established in facts, is called
de facto.
83.Autonomous Legislation:
Definition: A kind of subordinate legislation empowering the autonomous bodies (like
Universities, Societies etc.) to make by-rules for the purpose of regulating their
internal conducts, is called autonomous legislation.

84.Sanctioning Rights
Definition: Those rights which are arising out of the infringement of primary rights,
e.g., right to sue.

85.Legal Justice
Definition: The equitable distribution of benefits and burdens (rights and duties) of
society among its members by a rule of law, is called as legal justice.

86.Natural Justice
Definition: Those principles of justice which has been fixed by nature as to the conduct
of human beings living in societies and which can be accessed through the ration of
human beings, is called natural justice.

87.Physical or Scientific Law:

Definition: That portion of the law of nature which is regulating the behaviour and
relation among universals other than human beings, e.g., Newton’s laws of motion, Law
of gravitation force etc.
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88.Matriarchal Theory
Definition: A theory as to social organization which suggests that in the beginning of
human race the family was headed by mother or the oldest female.

89.Analytical Jurisprudence
Definition: That kind of jurisprudence which is studying the law in an analytical way.
Therefore, only positive law can be studied analytically. Hence, the province of
analytical jurisprudence is limited to positive or man-made law. It is the study of law
as it is.

90.Censorial Jurisprudence
Definition: That kind of jurisprudence which is studying the law as it ought to be, i.e.,
moral or ethical law.

91.Sovereignty
Definition: Sovereignty is the supreme power of a state vested in an individual or a
group of individuals known as sovereigns. According to John Austin, sovereign is a
person or group of persons which is issuing commands, obeyed habitually by the bulk
of the masses and having power to sanction any breach of such commands, but he is
himself not obeying any other authority.

92.Ration Decedendi: Literal Meaning: Reason behind decision

Definition: Ratio decedendi is that portion of the judgment of a court in which it
provides the logical grounds and reasons on as to its decision on the issues presented
before it.

93.Metal-physical Sanction: Literal Meaning: Meta-physical means something which beyond

physical world or the existence of which cannot be proved or
disproved by human beings through their senses and scientific
instruments is called meta-physics. Whereas, Sanction means
the physical force compelling the obedience with a provision of
law.
Definition: Meta-physical sanction means the fear in the hearts of individuals that if
they disobey any Devine rule, then the Devine power shall punish them for their wrong
deeds.

94.Ethical Jurisprudence
Definition: It is that kind of jurisprudence which studies law as it ought to be. In other
words, ethical jurisprudence is the study of ethical or moral law.

95.Law in abstract sense:

Definition: The law in abstract sense means the fundamental principles and general
notions of law common to all legal systems or a particular legal system.

96.Legislature Literal Meaning: Derived from two Latin words: Legis, which means ‘law’ and
Latum, which means ‘to make’.
Definition: Legislature is that organ of state whose function is to make or set laws for
the people to obey.

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97. Presumption
Definition: Presumption is a legal device by which judges draw a particular inference
as to the existence or non-existence of a particular fact, from other facts, unless and
until the existence or non-existence of that fact is proved or disproved.

98. Custom
Definition: The rules of human conduct established by usage of the people prevailing
since times immemorial and which are regarded as legally binding by courts because of
them being generally practiced by the people.

99. Legal Right

Definition: Salmond defines legal right as: ‘An interest or privilege recognized and
protected by a rule of law and the respect for which is the duty and disregard of which
is a wrong.

100. Precedent
Definition: Precedent means the decision of the superior court containing a principle
of law which is binding on the subordinate courts.

104. Title
Definition: Title may be defined as, certain facts or events by reason of which the
right has become vested in its owner.

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