MCQs
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
(d). 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
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
(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. Animuspossidendi 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
Annual
Examination, 2011
21. 
John Austin
defines jurisprudence as “__ of _
John Austin
defines jurisprudence as “__ of _
(a) .
Study/moral
(b) .
Philosophy/ethical
(c) .
Philosophy/positive
(d) .
Science/positive
(e) . None of
above Answer: (c).
Philosophy/positive
22. 
A good
jurist is supposed to have a fair knowledge of
A good
jurist is supposed to have a fair knowledge of
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
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
Note: The five
theories of punishment are: 1. Punitive, 2. Retributive, 3. Deterrence, 4.
Reformative and 5. Compensatory
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
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
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
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 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
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: UTILITARIANISMqual distribution of rights
and duties among the members of the society Answer: JUSTICE
76. Law is the
Command of Sovereign enforceable by a Sanction Answer: COMMAND
THEORY OF LAW
77. Reason for
the decision Answer:
RATIONDECENDENDI
78. The
relation between a person and a thing which he possesses.
Answer: CORPUS POSSIONIS
79. The study
of law as it ought to be.
Answer: CENSORIAL
JURISPRUDENCE
Annual Examination, 2010
80. 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.
81. 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.
82. 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.
83. Sanctioning
Rights
Definition: Those
rights which are arising out of the infringement of primary rights, e.g. right
to sue.
84. 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.
85. 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.
86. Physical or
Scientific Law:
Definition: That
portion of the law of nature which is regulating the behavior and relation
among universals other than human beings, e.g. Newton’s laws of motion, Law of
gravitation force etc.
87. 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.
88. 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.
89. Censorial
Jurisprudence
Definition: That kind
of jurisprudence which is studying the law as it ought to be, i.e. moral or ethical law.
90. Censorial
Jurisprudence
Definition: See
Definition No. 90
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. Sanctioning
Rights Definition: See Definition No. 84
93. 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.
94. 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.
Annual Examination, 2008
95. 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.
96. 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.
97. 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.
98. Sovereignty:
Definition: See
Definition No. 92
99. 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.
100.
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.
101.
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.
102.
Precedent
Definition: Precedent
means the decision of the superior court containing a principle of law which is
binding on the subordinate courts.
Title
Definition: Title may
be defined as, certain facts or events by reason of which the right has become
vested in its owner.
103.
Obiter
Dicta:
Definition: See
Definition No. 81
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