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

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 council 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

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

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.)

Q.1. Who among the following divided the sources of law into formal sources and material sources?
(a) Allen
(b) Keeton
(c) Gray
(d) Salmond

Q.2. The importance of ‘custom’ over other sources of law was stressed by the jurists of the________?
(a) the analytical school
(b) historical school
(c) natural law school
(d) None of the above

Q.3. According to the jurists of Analytical School__________?

(a) custom becomes law after its recognition by the sovereign
(b) custom never becomes law
(c) custom is a law from the very inception of it
(d) customs are only positive morality even after recognition

Q.4. According to the ‘declaratory theory of jurisprudence, the judges only declare the law and they do
not make any law. The supporters of this theory were__________?
(a) Bacon and Dicey
(b) Gray and Salmond
(c) Coke and Blackstone
(d) Duguit and Pound

Q.5. Consider the following statements:

1. The object of the legislation is to apply the law
2. Legislation has both creative and abrogative powers
3. Custom is generally based on the will of the people
Of the above statements:
(a) 1, 2 and 3 are correct
(b) 1 and 2 are correct
(c) 2 and 3 are correct
(d) 1 and 3 are correct.

Q.6. The statement “Precedents are the past decisions which are used as guide in the moulding of future
decisions”, is attributed to______________?
(a) Dias
(b) Gray
(c) Keeton
(d) None of the above

Q.7. Which one of the following pairs is correctly matched?

(a) Precedent : Legislature
(b) Precedent : Jurist

(c) Precedent : Judge

(d) Precedent : Agreement

Q.8. Which one of the following pairs is correctly matched?

(a) Antecedent : Remedial right

(b) Rights in rem : Rights in realiena

(c) Proprietary : Contingent rights

(d) Positive : Imperfect rights

Q.9. Which one of the following statements is true?

(a) An antecedent right is a remedial right
(b) A perfect right does not prescribe any remedy
(c) A positive right indicates a negative duty
(d) Proprietary rights are valuable rights

Q.10. Which one of the following is a legal person?

(a) Supreme Court of India
(b) Damodar Valley Corporation
(c) Chief Minister of a State
(d) Governor of a State

Answers with Explanations

1.Correct Answer: D
Explanation- Salmond has divided the sources of law into formal and material sources of law.

Formal Sources: A formal source is that .from which a rule of law derives its force and validity. It is that
from which the authority allow proceeds.

Material Sources: The material sources of law are those from which is derived the matter and not the
validity of the law. Hence Option D is correct.

2.Correct Answer: B
Explanation – According to the historical theory, the growth of law does not depend upon the arbitrary
will of any individual. It does not depend upon any accident. It grows as a result of the intelligence of the
people. Custom is derived from the common consciousness of the people. The view of Savigny is that
custom is the type of all law and law is valid and just only in so far as it makes known and objectifies in
concrete forms the true legal instinct of the community which it purports to govern. Hence Option B is
correct.

3.Correct Answer: A
Explanation- According to analytical theory, the custom is a source of law and not the law itself A custom
is a law only because the sovereign allows it to be so. Custom has only persuasive value and does not
become law until it is followed by the courts. Hence Option A is correct.

4.Correct Answer: C
Explanation- According to the declaratory theory judges are merely law finders and not lawmakers. A
judge clues not to make laws but merely discovers in the existing rules of law the particular principles
that it farms the facts of the individual cases. Hence Option C is correct.

5.Correct Answer: A
Explanation- All three statements are correct.
Legislation is that source of law that consists of the declaration of legal rules by the competent
authority. Legislation is both constitutive and abrogative. It is not only a source of the new law but also
the most effective instrument of abolishing the existing law. Law has its existence in the general will of
the people and evolves with the people. Hence Option A is correct.

6.Correct Answer: D
Explanation- According to Prof. Gray, judges alone make the law. He said that judges are truly lawgiver.
Keeton pointed out that judicial precedent is a source of law. According to him, a judicial precedent is a
judicial decision to which authority has in some measure been attached. Hence Option D is correct.

7.Correct Answer: C
Explanation- A precedent is a judicial decision. They are an important source of law. They have enjoyed
high authority at all times and in all countries. According to Gray, Judges alone make the law. Hence
Option C is correct.
8.Correct Answer: B
Explanation- According to Salmond, a right in re aliena or encumbrance is one that limits or derogates
from some more general right belonging to some other person in respect of the same subject matter. A
right in rem means a right against or in respect of a thing. A right in rem is available against the whole
world. Hence Option B is correct.

9.Correct Answer: D
Explanation- Proprietary rights of a person include his estate, his assets and his property in any form.
Proprietary rights have some economic or monetary value. Hence Option D is correct.

10.Correct Answer: B
Explanation- Legal persons are real or imaginary beings to whom personality is attributed by law by way
of fiction where not exist in fact. A corporation is a legal person. A corporation aggregate is an
incorporated group or body of co-existing persons. united for the purpose of advancing certain end or
interests. Hence Option B is correct.

1. Who says “Jurisprudence is the Study  and systematic arrangement of the general principles of law”?

 Julius Stone

 Keeton

 Salmond

 Austin
2. Who said “law grows with the growth and strengthens with the strength with the people and finally
dies away the  nation loses its nationality”?
  Stone

 Feinberg

 Savigny

 Maine
3. Which school of jurisprudence is concerned with “positus”

 Sociological

 Analytical

 Historical

 Realist School
4. Who termed analytical school as ‘imperative jurisprudence’?

 C.K Allen

 Salmond

 Austin

 Bentham
5. According to this jurist, society is like an organism and it can progress when it is guided by scientific
principles. Who is he?

 Duguit

 Spencer

 Comte

 Ihering
6. Who is mainly known for his work ‘reality of group personality’?

 Pollock

 Laski

 Gierke

 Hart
7. Who wrote the book “Legal Thinking Revised”?

 Hagerstrom

 Olivercrona

 Alf Ross

 Wilhelm Lundstedt
8. Who said that norms are operative and they are felt by the judge to the binding and therefore
obeyed?

 Hagerstrom

 Olivercrona

 Alf Ross

 Wilhelm Lundstedt
9. Who wrote the “Law and Modern Mind”?

 Gray

 Homes

 Frank

 Llewellyn
10. Who is the profounder of Vienna School of Thought?

 Kelsen

 Hart

 Salmond

 Austin
11. Criticising the Hart’s Theory, who said that legal system being an instrument to regulate human
conduct must concern itself with both law “as it is” and “as is ought to be”?

 Pollock

 Allen

 Fuller

 Salmond
12. Who said that “law is the art of science of what is equitable and good”?

 Ulpian

 Cicero

 Salmond

 Austin
13. Criticizing the Salmond’s definition of law, who said that “what should we think of a medicine as
drug prescribed by a doctor”?

 Pollock

 Allen

 Vinogradoff
  Hugo
14. Who said that the law of every modern state shows  as at a thousand the influence of both the
accept social morality and wider moral ideals?

 Salmond

 Hart

 Austin

 Korkunov
15. Who wrote the piece “Justinians Corpus Corpus Juris Civilis”?

 Ulpain

 Salmond

 Cicero

 Hart
16. Who is the Creator of ‘Origins of Mohannedan Jurisprudence”?

 Denning

 Salmond

 Joseph Schacht

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

 Hedonism
  Utilitarianism

 Realism

 Formalism
18. Which one of the following jurists belongs to ancient theories of natural law.?

 Socrates

 Austin

 Bentham

 Salmond