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Sources of Law MCQ Quiz (1–50)
(1). [AIBE 2021] Who among the following jurists classified sources of law into Legal and Historical sources?
- [A]. John Austin
- [B]. John Salmond
- [C]. Roscoe Pound
- [D]. H.L.A. Hart
(2). Legislation emanating directly from the sovereign power of the State is classified as:
- [A]. Subordinate legislation
- [B]. Supreme legislation
- [C]. Delegated legislation
- [D]. Customary legislation
(3). [CLAT-PG 2019] The rule of interpretation that requires courts to look at the historical “mischief” the common law suffered before a statute was enacted is known as:
- [A]. The Literal Rule
- [B]. The Golden Rule
- [C]. The Mischief Rule (Heydon’s Case)
- [D]. The Literal Rule
(4). The binding core principle or reason for a judicial decision is called:
- [A]. Obiter Dicta
- [B]. Ratio Decidendi
- [C]. Res Judicata
- [D]. Stare Decisis
(5). [AIBE 2023] Which Article of the Constitution of India gives constitutional force to the doctrine of judicial precedent by making Supreme Court rulings binding on all Indian courts?
- [A]. Article 14
- [B]. Article 21
- [C]. Article 141
- [D]. Article 226
(6). A judicial precedent that creates and applies a brand-new legal rule where no prior law existed is known as:
- [A]. A Declaratory Precedent
- [B]. An Original Precedent
- [C]. A Persuasive Precedent
- [D]. An Obiter Dicta
(7). [CLAT-PG 2020] Which of the following is NOT a mandatory legal requisite for a valid custom?
- [A]. Antiquity
- [B]. Reasonableness
- [C]. Written documentation in a government gazette
- [D]. Continuity
(8). The difference between Custom and Prescription is that:
- [A]. Custom is acquired by a general community through long use, whereas prescription is a personal right acquired by an individual or their ancestors.
- [B]. Custom requires a court decree, prescription does not.
- [C]. Prescription is illegal in India.
- [D]. Custom applies only to commercial contracts.
(9). [AIBE 2018] Jeremy Bentham was a staunch advocate of:
- [A]. Opposing all written laws
- [B]. Systematic legislative codification
- [C]. Unwritten customary law supremacy
- [D]. Feudal property rights
(10). When a court refuses to follow a prior precedent because it was rendered per incuriam, it means the prior judgment was passed:
- [A]. With unanimous agreement
- [B]. In ignorance of a binding statute or binding precedent
- [C]. By a foreign court
- [D]. During a national emergency
(11). [CLAT-PG 2022] Which jurist led the historical school opposition to Savigny’s anti-codification stance by demanding rational legislative reforms?
- [A]. Thibaut
- [B]. Puchta
- [C]. Austin
- [D]. Maine
(12). Judicial observations made in passing that do not form part of the binding core reasoning of a judgment are called:
- [A]. Ratio Decidendi
- [B]. Obiter Dicta
- [C]. Ratio Legis
- [D]. Stare Decisis
(13). [AIBE 2019] Subordinate legislation includes:
- [A]. Acts passed by Parliament
- [B]. Rules, regulations, and bye-laws framed by executive authorities under delegated powers
- [C]. Constitutional amendments
- [D]. Supreme Court binding verdicts
(14). The Golden Rule of statutory interpretation is applied when:
- [A]. The literal meaning produces an absurdity, inconsistency, or manifest injustice.
- [B]. The Parliament requests an advisory opinion.
- [C]. The statute is written in Latin.
- [D]. There are no precedents available.
(15). [CLAT-PG 2021] In Bengal Immunity Co. v. State of Bihar, the Supreme Court held that:
- [A]. The Supreme Court can overrule its own prior erroneous precedents.
- [B]. Precedents are never binding.
- [C]. Article 141 applies only to High Courts.
- [D]. Customs override Supreme Court rulings.
(16). Which of the following sources of law is characterized as the oldest and most primitive source?
- [A]. Legislation
- [B]. Precedent
- [C]. Custom
- [D]. Codification
(17). [AIBE 2022] The doctrine of Stare Decisis promotes:
- [A]. Chaos and uncertainty in litigation
- [B]. Legal certainty, predictability, and stability in judicial decisions
- [C]. Absolute judicial discretion
- [D]. Frequent overturning of contracts
(18). The primary demerit of Custom as a source of law is that:
- [A]. It is too flexible and modern.
- [B]. It is slow to evolve, uncertain, and can sometimes preserve archaic or discriminatory practices.
- [C]. It requires parliamentary approval for every application.
- [D]. It is too expensive to invoke.
(19). [CLAT-PG 2018] Codification of law primarily achieves:
- [A]. Complete secrecy
- [B]. Certainty, accessibility, and systematic uniformity of legal rules
- [C]. The abolition of courts
- [D]. Endless litigation over unwritten rules
(20). Which of the following statements regarding Authoritative and Persuasive precedents is true?
- [A]. Authoritative precedents are binding and must be followed; persuasive precedents carry weight based on their logical reasoning but are not strictly binding.
- [B]. Persuasive precedents are issued exclusively by the Prime Minister.
- [C]. Authoritative precedents apply only to criminal cases.
- [D]. There is no legal difference between them.
(21). [AIBE 2023] If a local custom conflicts directly with an explicit provision of a central Parliamentary statute, the custom is:
- [A]. Valid and prevails over the statute.
- [B]. Void and overridden by the statute (Statute law supersedes custom).
- [C]. Validable by the district magistrate.
- [D]. Suspended for 3 years.
(22). The historical school argument against codification posited that:
- [A]. Codes destroy the organic, evolutionary spirit (Volksgeist) of a nation’s legal culture.
- [B]. Codes are too cheap to produce.
- [C]. Statutes are unconstitutional per se.
- [D]. Courts should not exist.
(23). [CLAT-PG 2019] In the hierarchy of legal sources in modern democratic states, which source holds supreme authority?
- [A]. Custom
- [B]. Precedent
- [C]. Legislation (Enacted Law)
- [D]. Juristic writings
(24). The process of collecting and systematizing unwritten customary law into a single comprehensive statute is called:
- [A]. Delegation
- [B]. Codification
- [C]. Interpretation
- [D]. Adjudication
(25). [AIBE 2020] When a judge follows an established precedent because they are bound by the judicial hierarchy, they are applying:
- [A]. Original precedent
- [B]. Authoritative binding precedent (Stare Decisis)
- [C]. Persuasive dictums
- [D]. Customary law
(26). The literal rule of statutory interpretation insists that:
- [A]. Judges must rewrite laws to fit modern morals.
- [B]. Words must be given their plain, ordinary, grammatical meaning, even if the result is harsh.
- [C]. Statutes must be read in Sanskrit.
- [D]. Legislative intent is irrelevant.
(27). [CLAT-PG 2022] Which of the following is an advantage of Legislation over Custom?
- [A]. Legislation is prospective, systematic, and democratic, whereas custom is slow, unwritten, and often uncertain.
- [B]. Legislation requires no drafting.
- [C]. Legislation never needs amendment.
- [D]. Legislation is created by society unconsciously.
(28). A declaratory precedent is one where the court:
- [A]. Invents a brand-new tort.
- [B]. Merely applies an existing, well-established legal principle to a new set of facts.
- [C]. Declares a statute unconstitutional.
- [D]. Rejects all prior case law.
(29). [AIBE 2018] The requirement that a custom must not be “immoral” means:
- [A]. It must be approved by religious priests.
- [B]. It must not shock the general conscience of justice, public morality, or public policy.
- [C]. It must involve no financial transactions.
- [D]. It must be practiced only by adults.
(30). The primary drawback of Precedent as a source of law is:
- [A]. Its retrospective effect and the risk of accumulating conflicting, bulky case law reports.
- [B]. It is too democratic.
- [C]. It requires no legal training to create.
- [D]. It is instantly repealable by citizens.
(31). [CLAT-PG 2021] In the analysis of judicial precedents, the Latin term Ratio Decidendi translates to:
- [A]. The reason for the decision
- [B]. Things said by the way
- [C]. The decision stands
- [D]. Through lack of care
(32). Subordinate legislation derives its legal validity from:
- [A]. An inherent royal prerogative
- [B]. A parent Act (Enabling Act) passed by the supreme legislature
- [C]. International treaties
- [D]. Ancient local customs
(33). [AIBE 2019] If a custom is practiced secretly, violently, or by stealth, it fails which essential legal requisite?
- [A]. Antiquity
- [B]. Peaceable and open enjoyment
- [C]. Certainty
- [D]. Statutory compliance
(34). The debate between Bentham and Savigny centers primarily on the merits and demerits of:
- [A]. Codification
- [B]. Federalism
- [C]. Universal suffrage
- [D]. Capital punishment
(35). [CLAT-PG 2023] Which rule of statutory interpretation bridges the gap when the literal rule fails by permitting judges to look at the remedy provided for an old defect?
- [A]. The Literal Rule
- [B]. The Mischief Rule
- [C]. The Golden Rule
- [D]. The Ejusdem Generis Rule
(36). Can a High Court in India refuse to follow a binding precedent of the Supreme Court?
- [A]. Yes, if the High Court disagrees with it.
- [B]. No, under Article 141, Supreme Court rulings are binding on all courts across India.
- [C]. Yes, during a financial emergency.
- [D]. Only with the Governor’s consent.
(37). [AIBE 2021] Historical sources of law differ from legal sources in that historical sources:
- [A]. Possess direct, automatic legal authority in courts.
- [B]. Provide the material and moral content of law but have no legal authority until recognized by a legal source.
- [C]. Are written exclusively in Latin.
- [D]. Apply only to criminal law.
(38). The process of direct legislation involves:
- [A]. Rules governing administrative officials.
- [B]. Laws enacted directly for the regulation of general citizen conduct.
- [C]. Unwritten community customs.
- [D]. Foreign court judgments.
(39). [CLAT-PG 2020] An original precedent differs from a declaratory precedent in that an original precedent:
- [A]. Repeals old statutes.
- [B]. Creates and formulates a new legal rule where none previously existed.
- [C]. Is always persuasive, never binding.
- [D]. Applies only to property disputes.
(40). The requirement that a custom must be “certain” means that:
- [A]. It must be proven with clear, unambiguous evidence regarding its scope, locality, and persons affected.
- [B]. It must be written down in a holy book.
- [C]. It must cost a specific amount of money.
- [D]. It must be approved by the United Nations.
(41). [AIBE 2017] Which of the following jurists is famous for defining legislation as the declaration of legal rules by a competent authority?
- [A]. John Austin
- [B]. John Salmond
- [C]. H.L.A. Hart
- [D]. Roscoe Pound
(42). The disadvantage of over-codification is that it can lead to:
- [A]. Excessive flexibility.
- [B]. Statutory rigidity, creating loopholes and struggling to keep pace with rapid social and technological changes.
- [C]. The complete abolition of the judiciary.
- [D]. An immediate end to all litigation.
(43). [CLAT-PG 2019] If an appellate court distinguishes a prior precedent based on a material difference in facts, it means:
- [A]. The prior precedent is overruled.
- [B]. The prior precedent does not apply to the current case, allowing the court to decide differently without violating stare decisis.
- [C]. The judge is breaking the law.
- [D]. The case is dismissed.
(44). The concept of “Immemorial Antiquity” required for a valid custom means the custom must have existed:
- [A]. For at least 3 years.
- [B]. For so long that “the memory of man runneth not to the contrary.”
- [C]. Since the adoption of the Constitution in 1950.
- [D]. Since the invention of printing.
(45). [AIBE 2022] In statutory interpretation, the Golden Rule acts as a safety valve against:
- [A]. Absurdity and manifest injustice produced by a strictly literal interpretation.
- [B]. Parliamentary democracy.
- [C]. Judicial accountability.
- [D]. Tax collection.
(46). In summary, Unit II’s analysis of Sources of Law demonstrates that a mature legal system relies on a harmonious balance between:
- [A]. Legislation, Precedent, and Custom to ensure democratic enactment, flexible adjudication, and cultural continuity.
- [B]. Absolute royal decrees and secret tribunals.
- [C]. Unwritten tribal customs alone.
- [D]. Foreign court decisions.
(47). [CLAT-PG 2021] The rule that a later statute repeals an earlier inconsistent statute is expressed by the maxim:
- [A]. Lex posterior derogat priori
- [B]. Delegatus non potest delegare
- [C]. Aequitas sequitur legem
- [D]. Ignorantia juris non excusat
(48). Can a persuasive precedent from a foreign jurisdiction (e.g., House of Lords or US Supreme Court) bind an Indian High Court?
- [A]. Yes, absolutely.
- [B]. No, it carries only persuasive value based on its logical reasoning; it is not binding authority.
- [C]. Yes, if the Prime Minister signs off.
- [D]. Only in tax disputes.
(49). [AIBE 2023] The ultimate institutional strength of Legislation as a source of law lies in its:
- [A]. Secrecy and speed.
- [B]. Democratic mandate, explicit clarity, and comprehensive prospective reach.
- [C]. Reliance on unwritten rumors.
- [D]. Immunity from judicial review.
(50). The synergy between Legislation, Precedent, and Custom confirms that jurisprudence views law not as an isolated rule, but as a complex institutional ecosystem anchored by:
- [A]. Recognized formal and material sources of legal authority.
- [B]. Arbitrary executive whims.
- [C]. Private corporate contracts.
- [D]. Military edicts.
