Jurisprudence

Q. Jurisprudence is the study of ___________ law.

(a). Religious

(b). Moral

(c). Ethical

(d). Positive

(e). None of above

Answer: (d). Positive

Q. Cicero was a _________ jurist.

(a). Greek

(b). Roman

(c). Chinese

(d). English

(e). None of above

Answer: (b). Roman

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

(a). Black Stone

(d). Jeremy Bentham

(c). John Stuart Mill

(d). Roscoe Pound

(e). None of above

Answer: (d). Roscoe Pound

Q. 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

Q. 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

Q. 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

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

(a). Kind

(b). Type

(c). Characteristic

(d). Component

(e). None of above

Answer: (d). Component

Q. ___________ 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

Q. 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

Q. 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

Q. 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

Q. 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’.

Q. ___________ is a source of law.

(a). Media

(b). Internet

(c). Religion

(d). Precedent

(e). None of above

Answer: (d). Precedent

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

(a). Report/Hobbes

(b). Article/Aristotle

(c). Book/Thomas Aquinas

(d). Book/ Saint Joseph

(e). None of above

Answer: (c). Book/Thomas Aquinas

Q. The book Leviathan was written by _________.

(a). Grey

(b). Lloyd

(c). Hobbes

(d). Austin

(e). None of above

Answer: (c). Hobbes

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

(a). Amended

(b). Replaced

(c). Substituted

(d). Upheld

(e). None of above

Answer: (d). Upheld

Q. 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

Q. 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’

Q. 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

Q. 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

Q. 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

Q. 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

Q. Aristotle was _____ philosopher

(a). Egyptian

(b). Chinese

(c). English

(d). Arab

(e). None of above

Answer: (e). None of above

Q. 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

Q. _______ 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

Q. 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

Q. 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

Q. 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

Q. ______ 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

Q. 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

Q. 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

Q. Legal Realism was analyzed in United State by:

(a). Salmond

(b). Holmes

(c). Austin

(d). Grotius

Answer: (b). Holmes

Q. 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.

Q. The theories of punishment are:

(a). 2 in number

(b). 3 in number

(c). 4 in number

(d). 5 in number

Answer: (d). 5

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

Q. 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

Q. 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

Q. 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

Q. Divestitive facts can be:

(a). Derivative titles

(b). Alienative facts

(c). Extinctive facts

(d). A&B

Answer: (c). Extinctive

Q.  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

Q. 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.

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

(a). Moralists

(b). Naturalists

(c). Positivists

(d). Realists

(e). Analysts

Answer: (c). Positivists

Q. According to naturalists law is the dictates of:

(a). Rules

(b). Heart

(c). Reason

(d). Time

(e). Sovereign

Answer: (c). Reason

Q. Legislation is a _______ source of law.

(a). Historical

(b). Legal

(c). Comprehensive

(d). Natural

(e). Beneficial

Answer: (b). Legal

Q. 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

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

(a). Ideal law

(b). Concrete law

(c). International law

(d). Positive law

Answer: (d). Positive law

Q. 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

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

(a). Salmond

(b). Austin

(c). Holland

(d). Paton

Answer: (b). Austin

Q. 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

Q. 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

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

(a). German word

(b). Latin word

(c). Greek word

(d). Russian word

Answer: (b). Latin

Q. 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

Q. 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

Q. 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

Q. 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

Q. 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.

Q. 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.

Q. 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

Q. 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

Q. 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

Answer: (a). Legal custom and conventional custom

TRUE FALSE

Q. John Austin belongs to Imperative School of Thought (True/False)

Answer: TRUE

Q. 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.

Q. The word ‘person’ has been derived from the Latin word (True/False)

Answer: FALSE

Right Statement: The word Person has been derived from the Latin word persona which literally means ‘mask’.

Q. 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.

Q. The possession of a thing through another person is called mediate possession. (True/False)

Answer: TRUE

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

Answer: FALSE

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

Q. Reformative theory implies the  concept  that,  ‘hate  the  sin  but  not  the 

(True/False)

Answer: TRUE

Q. 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

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

Answer: TRUE

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

Answer: TRUE

SUBSTITUTION OF WORDS AND PHRASES WITH HEADINGS

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

Answer: COMMAND

Q. Avoid pain and gain pleasure

Answer: HEDONISM

Q. Saying by the way

Answer: OBITER DICTA

Q. Intention or desire to possess

Answer: ANIMUS POSSIDENDI

Q. Greatest happiness for the greatest number of people

Answer: UTILITARIANISM

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

Answer: JUSTICE

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

Answer: COMMAND THEORY OF LAW

Q. Reason for the decision

Answer: RATION DECENDENDI

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

Answer: CORPUS POSSIONIS

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

Answer: CENSORIAL JURISPRUDENCE

Objectives of Jurisprudence Based on Previous Papers – byAsmatullah Kakar                                    12

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