[B]. Law grows organically with the spirit, character, and common consciousness of the people
[C]. Law is imported from international treaties
[D]. Law is what the judges declare in court
Correct Answer: [B]. Law grows organically with the spirit, character, and common consciousness of the people
(8). Who made the famous generalization that “the movement of progressive societies has hitherto been a movement from Status to Contract”?
[A]. Friedrich Carl von Savigny
[B]. Sir Henry Maine
[C]. Eugen Ehrlich
[D]. Roscoe Pound
Correct Answer: [B]. Sir Henry Maine
(9). [AIBE 2018] Roscoe Pound compared the function of law to:
[A]. A military command
[B]. Social Engineering
[C]. A divine text
[D]. An economic transaction
Correct Answer: [B]. Social Engineering
(10). Eugen Ehrlich’s central thesis was that the true legal development of society is found in the:
[A]. Textbooks of law
[B]. “Living Law” governing actual human social relations
[C]. Statutes of Parliament
[D]. Decrees of monarchies
Correct Answer: [B]. “Living Law” governing actual human social relations
(11). [CLAT-PG 2022] Which jurist propounded the doctrine of “Social Solidarity”?
[A]. Léon Duguit
[B]. Rudolf von Ihering
[C]. John Finnis
[D]. Lon Fuller
Correct Answer: [A]. Léon Duguit
(12). Lon L. Fuller’s theory of natural law is based on:
[A]. Divine revelations in scripture
[B]. The “Inner Morality of Law” consisting of eight procedural desiderata
[C]. The commands of a monarch
[D]. Roman praetorian edicts
Correct Answer: [B]. The “Inner Morality of Law” consisting of eight procedural desiderata
(13). [AIBE 2019] In ancient Indian jurisprudence, the supreme governing concept that bound even the King was:
[A]. Danda
[B]. Dharma
[C]. Vyavahara
[D]. Artha
Correct Answer: [B]. Dharma
(14). The primary distinction between the Mitakshara and Dayabhaga schools of Hindu law relates to:
[A]. The worship of deities
[B]. The right to property by birth (Mitakshara) versus succession upon the father’s demise (Dayabhaga)
[C]. The jurisdiction of criminal courts
[D]. Maritime trade laws
Correct Answer: [B]. The right to property by birth (Mitakshara) versus succession upon the father’s demise (Dayabhaga)
(15). [CLAT-PG 2021] The Privy Council in Collector of Madura v. Moottoo Ramalinga established that in Hindu law:
[A]. Clear proof of custom outweighs the written text of the law
[B]. The King can override all customs
[C]. Shrutis are subordinate to statutes
[D]. English common law invalidates custom
Correct Answer: [A]. Clear proof of custom outweighs the written text of the law
(16). The definition of law as “The prophecies of what the courts will do in fact, and nothing more pretentious” was formulated by:
[A]. Benjamin Cardozo
[B]. Oliver Wendell Holmes Jr.
[C]. Karl Llewellyn
[D]. Jerome Frank
Correct Answer: [B]. Oliver Wendell Holmes Jr.
(17). [AIBE 2022] The classification of law into Substantive Law and Adjective (Procedural) Law distinguishes between:
[A]. Criminal law and tort law
[B]. The law that creates and defines rights/duties versus the law that prescribes the machinery for their enforcement
[C]. National law and international law
[D]. Written law and unwritten custom
Correct Answer: [B]. The law that creates and defines rights/duties versus the law that prescribes the machinery for their enforcement
(18). The equitable jurisdiction of England originally arose in which historic court?
[A]. Court of King’s Bench
[B]. Court of Common Pleas
[C]. Court of Chancery
[D]. Court of Exchequer
Correct Answer: [C]. Court of Chancery
(19). [CLAT-PG 2018] The maxim Aequitas sequitur legem means:
[A]. Equity overrides all statutes
[B]. Equity follows the law
[C]. Equity ignores common law
[D]. Equity acts only in rem
Correct Answer: [B]. Equity follows the law
(20). Which Article of the Indian Constitution grants the Supreme Court extraordinary equitable power to pass any decree necessary for doing “complete justice”?
[A]. Article 32
[B]. Article 136
[C]. Article 142
[D]. Article 226
Correct Answer: [C]. Article 142
(21). [AIBE 2023] John Austin’s Monistic Theory of Sovereignty asserts that sovereign power is:
[A]. Divided and shared equally among associations
[B]. Absolute, indivisible, continuous, and legally illimitable
[C]. Subordinate to international law
[D]. Exercised exclusively by the judiciary
Correct Answer: [B]. Absolute, indivisible, continuous, and legally illimitable
(22). Which school of jurisprudence attacked Austin’s monism by asserting that society is federal and sovereignty is decentralized among various social associations?
[A]. Analytical School
[B]. The Pluralist School (Laski, Figgis, MacIver)
[C]. Natural Law School
[D]. Realist School
Correct Answer: [B]. The Pluralist School (Laski, Figgis, MacIver)
(23). [CLAT-PG 2019] In India, where does ultimate legal sovereignty reside?
[A]. In the Prime Minister
[B]. In Parliament
[C]. In the Constitution of India (representing Constitutional Supremacy and Popular Sovereignty)
[D]. In the Supreme Court
Correct Answer: [C]. In the Constitution of India (representing Constitutional Supremacy and Popular Sovereignty)
(24). The division of jurisprudence into Expository (law as it is) and Censorial (law as it ought to be) was originally made by:
[A]. Jeremy Bentham
[B]. John Austin
[C]. H.L.A. Hart
[D]. John Salmond
Correct Answer: [A]. Jeremy Bentham
(25). [AIBE 2020] Ulpian’s classical Roman definition of jurisprudence was criticized by modern positivists because:
[A]. It was too short
[B]. It confused law with religion, philosophy, and morality (“knowledge of things human and divine”)
[C]. It was written in Greek
[D]. It rejected natural law
Correct Answer: [B]. It confused law with religion, philosophy, and morality (“knowledge of things human and divine”)
(26). The “Hedonistic Calculus” (measuring legislation by units of pleasure and pain) was created by:
[A]. John Stuart Mill
[B]. Jeremy Bentham
[C]. Thomas Aquinas
[D]. Jean Bodin
Correct Answer: [B]. Jeremy Bentham
(27). [CLAT-PG 2022] Which of the following is NOT one of the three secondary rules in H.L.A. Hart’s The Concept of Law?
[A]. Rule of Recognition
[B]. Rule of Change
[C]. Rule of Adjudication
[D]. Rule of Retribution
Correct Answer: [D]. Rule of Retribution
(28). According to Hans Kelsen, what gives the Grundnorm its validity?
[A]. A referendum
[B]. It is presupposed to be valid (Hypothetical Pre-supposition)
[C]. An act of the military
[D]. A decree of the United Nations
Correct Answer: [B]. It is presupposed to be valid (Hypothetical Pre-supposition)
(29). [AIBE 2018] Savigny vehemently opposed the immediate codification of German law proposed by:
[A]. Thibaut
[B]. Puchta
[C]. Ihering
[D]. Windscheid
Correct Answer: [A]. Thibaut
(30). Sir Henry Maine classified human legal societies into:
[A]. Ancient and Modern
[B]. Static and Progressive societies
[C]. Capitalist and Socialist
[D]. Democratic and Totalitarian
Correct Answer: [B]. Static and Progressive societies
(31). [CLAT-PG 2021] Under Roscoe Pound’s Jural Postulates, civilized society assumes that:
[A]. Everyone must be wealthy
[B]. Others will commit no intentional aggressions upon them
[C]. The state will own all private property
[D]. All laws are immutable
Correct Answer: [B]. Others will commit no intentional aggressions upon them
(32). St. Thomas Aquinas categorized law into four levels. Which level represents the natural law accessible to human reason?
[A]. Lex Aeterna
[B]. Lex Divina
[C]. Lex Naturalis
[D]. Lex Humana
Correct Answer: [C]. Lex Naturalis
(33). [AIBE 2019] The secularization of Natural Law, affirming it would exist “even if there were no God,” was pioneered by:
[A]. Hugo Grotius
[B]. Thomas Hobbes
[C]. John Locke
[D]. Jean-Jacques Rousseau
Correct Answer: [A]. Hugo Grotius
(34). Rudolf von Ihering described law as a reconciliation of interests achieved through:
[A]. Inaction
[B]. The lever of social control (Reward and Coercion)
[C]. Pure divine faith
[D]. Static customary usage
Correct Answer: [B]. The lever of social control (Reward and Coercion)
(35). [CLAT-PG 2023] The distinction between Distributive Justice and Corrective Justice was first systematically analyzed by:
[A]. Plato
[B]. Aristotle
[C]. Socrates
[D]. Cicero
Correct Answer: [B]. Aristotle
(36). John Locke’s Social Contract theory posited that individuals surrendered only the power to enforce law, retaining their inalienable natural rights to:
[A]. Food, Shelter, and Clothing
[B]. Life, Liberty, and Estate (Property)
[C]. Free speech and voting
[D]. Trade and industry
Correct Answer: [B]. Life, Liberty, and Estate (Property)
(37). [AIBE 2021] What is an “Actionable Claim” in analytical jurisprudence?
[A]. A right in rem over land
[B]. An incorporeal right to a debt or beneficial interest enforceable by legal action
[C]. A criminal sanction
[D]. A constitutional amendment
Correct Answer: [B]. An incorporeal right to a debt or beneficial interest enforceable by legal action
(38). The legal philosophy that treats judicial behavior, psychology, and biases as the primary determinants of legal outcomes is:
[A]. Scandinavian and American Legal Realism
[B]. Classical Positivism
[C]. Pure Theory of Law
[D]. Historical Jurisprudence
Correct Answer: [A]. Scandinavian and American Legal Realism
(39). [CLAT-PG 2020] In Kesavananda Bharati, the Supreme Court’s Basic Structure doctrine operates as a jurisprudential limit on:
[A]. Ordinary civil suits
[B]. The constituent amending power of Parliament under Article 368
[C]. The election of the President
[D]. Local panchayat rules
Correct Answer: [B]. The constituent amending power of Parliament under Article 368
(40). The maxim Summum jus, summa injuria warns that:
[A]. Strict, unbending enforcement of the letter of the law can produce the greatest injustice
[B]. All laws must be written
[C]. Judges are immune from error
[D]. Crimes must be severely punished
Correct Answer: [A]. Strict, unbending enforcement of the letter of the law can produce the greatest injustice
(41). [AIBE 2017] An easement cannot be transferred apart from the dominant heritage under general property jurisprudence because:
[A]. It is a right in gross
[B]. It is a fractional right appurtenant to the beneficial enjoyment of a specific land
[C]. It violates tax laws
[D]. It is an actionable claim
Correct Answer: [B]. It is a fractional right appurtenant to the beneficial enjoyment of a specific land
(42). Who wrote the seminal jurisprudential work The Province of Jurisprudence Determined (1832)?
[A]. John Austin
[B]. Jeremy Bentham
[C]. H.L.A. Hart
[D]. John William Salmond
Correct Answer: [A]. John Austin
(43). [CLAT-PG 2019] In Hans Kelsen’s theory, a revolution that successfully overthrows a constitution:
[A]. Destroys the legal order without replacing it
[B]. Replaces the old Grundnorm with a new Grundnorm
[C]. Is invalid in jurisprudence
[D]. Violates international law only
Correct Answer: [B]. Replaces the old Grundnorm with a new Grundnorm
(44). The concept of Animus Possidendi in the jurisprudence of Possession refers to:
[A]. The physical control over an object
[B]. The mental intention to hold and exclude others from the object
[C]. The ownership title deed
[D]. The market value of the goods
Correct Answer: [B]. The mental intention to hold and exclude others from the object
(45). [AIBE 2022] Which of the following is a primary right (Right in Rem)?
[A]. Right against a debtor to repay a loan
[B]. Right to personal safety and peaceful enjoyment of one’s land against the entire world
[C]. Right to damages for breach of contract
[D]. Right to specific performance
Correct Answer: [B]. Right to personal safety and peaceful enjoyment of one’s land against the entire world
(46). In Maneka Gandhi v. Union of India, Justice Bhagwati linked Article 21’s “procedure established by law” with:
[A]. Austinian imperative command
[B]. Natural Law principles of justice, equity, and good conscience
[C]. Kelsen’s Grundnorm
[D]. Savigny’s Volksgeist
Correct Answer: [B]. Natural Law principles of justice, equity, and good conscience
(47). [CLAT-PG 2021] Who authored the legal classic The Concept of Law (1961)?
[A]. H.L.A. Hart
[B]. Lon L. Fuller
[C]. Ronald Dworkin
[D]. Joseph Raz
Correct Answer: [A]. H.L.A. Hart
(48). The concept of Rajadharma in the Mahabharata dictates that the highest virtue of the King is:
[A]. The accumulation of personal wealth
[B]. The protection and welfare of his subjects (Praja Palana) in accordance with Dharma
[C]. Waging continuous foreign wars
[D]. Absolute autocratic command
Correct Answer: [B]. The protection and welfare of his subjects (Praja Palana) in accordance with Dharma
(49). [AIBE 2023] The distinction between Public Law and Private Law is based on:
[A]. The financial value of the property
[B]. Whether the State is a direct governing party pursuing public interest or private individuals are resolving personal claims
[C]. Whether the case is heard in English
[D]. The number of lawyers involved
Correct Answer: [B]. Whether the State is a direct governing party pursuing public interest or private individuals are resolving personal claims
(50). The ultimate synergy of Jurisprudence across all its schools demonstrates that law is:
[A]. A static code of punishments
[B]. An organic, normative, and functional instrument designed to achieve justice, order, and human welfare in society
[C]. Pure political tyranny
[D]. An obsolete discipline
Correct Answer: [B]. An organic, normative, and functional instrument designed to achieve justice, order, and human welfare in society
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