Unit I · Topic 1Nature and sources of law – Previous Year Questions
76 previous year questions on Nature and sources of law from UGC NET Law papers (2009–2026), including 10 assertion–reason, 4 match-the-list, 18 statement-based questions. The correct option is marked in green.
Questions
76 questions
2009
Who propounded jurisprudence as 'Science of positive Law'?
(a)John Austin✓
(b)Ihering
(c)Hans Kelsen
(d)J.S.Mill
Answer & explanation
Ans. (a) : John Austin
Explanation: John Austin (1790–1859) is considered the father of the analytical school of thought. Austin was a disciple of Bentham. He propounded law as a command of the sovereign and as positive law.
2009
Who has first coined the term 'Legal theory'?
(a)Kelsen
(b)W. Friedman✓
(c)Bentham
(d)Roscoe Pound
Answer & explanation
Ans. (b) : W. Friedman
Explanation: W. Friedman's book is Legal Theory and Kelsen's pure theory of law was published in Law Quarterly Review. Bentham's book is "The Introduction to Principles of Morals and Legislation." The theory propounded by Roscoe Pound — Social Engineering — was propounded in his book Law and Morals.
2009Match the lists
Match the following:
List-I — List-II
A. Retributive theory — 1. Public Interest Litigation
B. Immemorial Antiquity — 2. Punishment
C. Ground norm — 3. Custom
D. Locus Standi — 4. Hans Kelsen
Codes:
(a)A-2, B-4, C-3, D-1
(b)A-1, B-3, C-4, D-2
(c)A-2, B-3, C-4, D-1✓
(d)A-3, B-4, C-1, D-2
Answer & explanation
Ans. (c) : A-2, B-3, C-4, D-1
Explanation: (a) Retributive theory — Punishment (b) Immemorial Antiquity — Custom (c) Ground norm — Hans Kelsen (d) Locus Standi — Public Interest Litigation
2011
The term 'Legal theory' has been first time coined by:
(a)Hans Kelsen
(b)W. Friedman✓
(c)Salmond
(d)Ronald Dworkin
Answer & explanation
Ans. (b) : W. Friedman
Explanation: The term 'Legal theory' was coined by W. Friedman. He first used this term in 1945 in his work 'Legal Theory'.
2011Statements
Which one of the following statements is true?
(a)Animus is necessary for the acquisition or commencement of possession
(b)Corpus is necessary for the acquisition or commencement of possession
(c)Animus and corpus are not necessary for the acquisition or commencement of possession
(d)Animus and corpus are necessary for the acquisition or commencement of possession✓
Answer & explanation
Ans. (d) : Animus and corpus are necessary for the acquisition or commencement of possession
Explanation: Both Animus and Corpus are necessary for the acquisition or commencement of possession.
2012
Jurisprudence is as big as law and bigger'. who said this?
(a)Austin
(b)Lloyds
(c)Lewellyn✓
(d)Holland
Answer & explanation
Ans. (c) : Lewellyn
Explanation: Karl Llewellyn, who was an American legal realist, while defining jurisprudence used these words that "Jurisprudence is as big as law and bigger."
2012Assertion–Reason
Assertion (A): Customs to have the force of law must be immemorial.
Reason (R): Custom represents common consciousness of people.
Codes:
(a)(A) and (R) are true and (R) is correct explanation of (A)
(b)(A) and (R) are true but (R) is not correct explanation of (A)
(c)(A) is true, but (R) is false
(d)(A) is false, but (R) is true✓
Answer & explanation
Ans. (d) : (A) is false, but (R) is true
Explanation: In Harprasad v. Shivdayal (1876) Indian Appeal 259, the Privy Council while defining custom said that a custom is a rule which a particular family or particular district has adopted by reason of its long usage has obtained the force of law. When custom acquires the force of law it becomes a rule. Characteristics or elements of custom — (1) Custom should be reasonable. (2) Custom should be ancient. (3) Custom must have been exercised as a right. (4) Custom must not be against law. (5) Custom must not be immoral.
2012
The term 'Legal theory' has been first time used by
(a)Llewlyne
(b)Ihring
(c)Salmond
(d)W. Friedman✓
Answer & explanation
Ans. (d) : W. Friedman
Explanation: The term 'Legal theory' was first used by W. Friedman. He was the first to use the term legal philosophy and named his book Legal Theory. Legal theory's supporters believe that the development of jurisprudence is based on legal research, systems and professional education.
2012
Which one of the following get along correctly?
(a)Trust and co-ownership
(b)Legal and contingent ownership
(c)Sole and limited ownership
(d)Legal and equitable ownership✓
Answer & explanation
Ans. (d) : Legal and equitable ownership
Explanation: On the basis of the nature of the thing and the nature of rights inherent in it, ownership is classified as follows — (1) Corporeal and incorporeal ownership (2) Vested and contingent ownership (3) Full and limited ownership (4) Sole and co-ownership (5) Legal and equitable ownership (6) Trust and beneficial ownership
2012Match the lists
Match the following:
List-I — List-II
A. Enacted law — 1. Legislation B. Case law — 2. Agreement C. Customary law — 3. Precedent D. Conventional law — 4. Custom
Codes:
(a)A-1, B-2, C-4, D-3
(b)A-1, B-2, C-3, D-4
(c)A-1, B-3, C-4, D-2✓
(d)A-3, B-1, C-4, D-2
Answer & explanation
Ans. (c) : A-1, B-3, C-4, D-2
Explanation: Enacted law originates from legislation, case law from precedent, customary law from custom, and conventional law from agreement.
2012Statements
"Case-law is gold in the mine-a few grains of precious metal to the tons of useless matter, while the statute law is coin of the state which ready for immediate use." Who gave this statement?
(a)Bentham
(b)Salmond✓
(c)Kelsen
(d)Holland
Answer & explanation
Ans. (b) : Salmond
Explanation: According to Salmond — case law is gold in the mine, a few grains of precious metal in tons of useless matter, while statute law is the coin of the state which is ready for immediate use.
2013
The sources of law have been divided into two classes. These are
(a)Divine sources and human sources✓
(b)Formal sources and material sources
(c)Natural Sources and universal sources
(d)(a) and (b) both of the above
Answer & explanation
Ans. (a) : Divine sources and human sources
Explanation: The sources of law are divided into 2 classes — (1) Divine sources, such as Shruti, Quran, Bible etc. (2) Human sources, such as custom, legislation, precedent etc.
2013
Which one of the following pairs is not correctly matched?
(a)Law properly so-called (in regard to nation of law) — Which is distinct from morals
(b)Law improperly so-called — Other laws
(c)Audi alteram partem — Rule of natural justice
(d)Conspctus of justice — Justice denied✓
Answer & explanation
Ans. (d) :
Explanation: (a) "Law properly so-called/which is distinct from morals" is related to the concept of law. (b) "Law improperly so-called/other laws" is also related to the concept of law. (c) 'Audi alteram partem' is related to the rule of natural justice. (d) "Conspectus of justice" is related to the process of justice, not to denial of justice.
2013
Which one of the following pairs is not correctly matched?
(a)Sie utere tero out alierum non laedas — To use your own property as not to injure your neighbour's right
(b)Re Legitima Portis — A person cannot dispose of his entire property
(c)Jus turtii — To set up title of a third person other than himself or the plaintiff
(d)Nee vi nee calur precario — Possession must show to the competitor✓
Answer & explanation
Ans. (d) : Correct matching — (a) Sie Utere Tero ut Alierum nan Lidas — To use your own property in such a way as not to injure the rights of neighbours. (b) Re Legitima Portis — A person cannot dispose of his entire property. (c) Jus Turtii — To set up title of a third person other than the plaintiff or himself. (d) Nee vi nee calur precario — To show adverse possession to the competitor.
2013Statements
Which one of the following statements is true?
(a)Animus is necessary for the acquisition or commencement of possession
(b)Corpus is necessary for the acquisition or commencement of possession
(c)Animus and Corpus are not necessary from the acquisition or commencement of possession
(d)Animus and Corpus are necessary for the acquisition or commencement of possession✓
Answer & explanation
Ans. (d) : Animus and Corpus are necessary for the acquisition or commencement of possession
Explanation: It is true that for the acquisition or commencement of possession, both intention and complete property are necessary. The concept of possession adequately helps in properly understanding ownership, rights and property related rights under law.
Which of the following statements is true? 1. 2. 3. 4.
2013
Who defined "jurisprudence as the formal science of positive law"?
(a)Holland✓
(b)Ulpian
(c)Bentham
(d)Blackstone
Answer & explanation
Ans. (a) : Holland
Explanation: Famous jurist Holland gave the following definition of jurisprudence — "Jurisprudence is the formal science of positive law."
2013Statements
Which of the following statement is not true?
(a)Possession is nine point of law
(b)Possession is an evidence of ownership
(c)Possession is protected till someone else provided a better title in himself
(d)Possession once lost cannot be regained✓
Answer & explanation
Ans. (d) : Possession once lost cannot be regained
Explanation: The following true statements are about possession — (1) Possession is the nine points of law. (2) Possession is evidence of ownership. (3) Possession is protected until someone else presents a better title.
2013
Legal Theory is based on
(a)a systematic study of positive laws
(b)purely logical and empirical study
(c)concepts like morality, justice and ethics✓
(d)total exclusion of customary practices, morality and social vagaries
Answer & explanation
Ans. (c) : concepts like morality, justice and ethics
Explanation: Legal Theory is based on concepts like morality, justice and ethics. The views related to legal theory are connected on one side to logic and on the other to political principles. Plato, Aristotle, Holmes etc. have made major contributions to the development of legal theory.
2013
Who separated jurisprudence from religion?
(a)Kant
(b)Hugo Grotius✓
(c)Salmond
(d)Jethro Brown
Answer & explanation
Ans. (b) : Hugo Grotius
Explanation: Hugo Grotius separated jurisprudence from religion. Grotius was associated with the ethical school of jurisprudence. He was a resident of Holland. He was the proponent of social contract theory.
2013Statements
Consider the following statements:
1. Statements, which are not partaking of the character of ratio decidendi can be ignored while deciding the latter case
2. The ratio decidendi is not the reason of decision
3. Only that part of the judgment in an earlier decision is binding which constitutes the ratio decidendi of that case
4. A judicial decision has a binding force for subsequent cases but the whole judgment is not binding, only a part of it is binding Which of the above statement(s) is/are correct?
(a)1, 3, 4✓
(b)1, 2, 3
(c)2, 3, 4
(d)1, 2, 4
Answer & explanation
Ans. (a) : 1, 3, 4
Explanation: The following true statements are —
1. Statements which are not part of ratio decidendi can be ignored while deciding the latter case.
2. Only that part of a previous judgment is binding which is the ratio decidendi of that case.
3. A judicial decision has binding force for subsequent cases but the complete judgment is not binding, only a part of it is binding. Article 129 of the Indian Constitution is related to courts of record. And under Article 141, the law declared by the Supreme Court is binding on all courts in India.
2013
"Case law is gold in the mine, a few grains of the precious metal to the tons of useless matter, while statute law is coin of the realm ready for immediate use." Who said these words?
(a)Ihering
(b)Austin
(c)Kelsen
(d)Salmond✓
Answer & explanation
Ans. (d) : Salmond
Explanation: Salmond said that case law is gold in the mine, a few grains of precious metal in tons of useless matter, while statute law is the coin ready for immediate use. Salmond was associated with the analytical school. Austin and Kelsen are also associated with this school. Ihering is connected to the sociological school.
2013Statements
Which of the following statements are true?
1. There is no rule to determine when usage shall give rise to a custom
2. Customary rules of International law are diminishing and are being replaced by Treaties and Conventions
3. Treaty contracts are not direct source of International law
4. International law is a positive morality
Codes:
(a)1, 2, 3 and 4
(b)2, 3 and 4
(c)1, 2 and 3✓
(d)1 and 2
Answer & explanation
Ans. (c) : 1, 2 and 3
Explanation: True statements — (1) There is no rule to determine when usage becomes custom, it is preceded by custom. (2) Customary rules of international law are diminishing and treaties and conventions are replacing them. (3) Treaty contracts are not a direct source of international law.
2013Assertion–Reason
Assertion (A): Srutis and Smritis form the greatest treasure house of Hinduism.
Reason (R): Sruties and Smrities are considered immemorial, timeless and eternal.
Codes:
(a)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(b)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
(c)(A) is true, but (R) is false
(d)(A) is false, but (R) is true
Answer & explanation
Ans. (b) : Both (A) and (R) are true and (R) is the correct explanation of (A)
Explanation: Among the main sources of Hindu law, Shrutis and Smritis occupy the highest place. The word Shruti is derived from the root 'Shru' which means 'to hear'. The meaning of Smritis is that which is remembered. Shrutis are considered as the voice of God. Shrutis and Smritis are considered ancient, timeless and eternal.
2014Statements
Which one of the following statements is not correct?
(a)Austin and Kelson did much to rescue jurisprudence from the so-called confusion of social sciences (b) Historical school of jurisprudence was a reasoning of eighteen century natural law (c) Cujas and Hugo also applied the historical approach in the study of law
(d)Savigncy did not discard the principle of natural law✓
Answer & explanation
Ans. (d) :
Explanation: Kelsen and Austin's views on law are close to each other, but Kelsen based his method on Kant, while Austin's analytical method was based on utilitarianism, yet a great deal of effort was made by Austin and Kelsen to rescue jurisprudence from the so-called confusion of social sciences. Savigny, following natural law, did not accept moral authority behind law as the real force of law — the real force behind law is social pressure.
2014
The term 'Legal Theory' has been first time coined by:
(a)Hans Kelson
(b)W. Friedman
(c)Salmond
(d)Ronald Dworkin✓
Answer & explanation
Ans. (d) : Ronald Dworkin
Explanation: The first coiner of the term Legal Theory is Ronald Dworkin, whose famous book is Natural Law's Empire.
2014Statements
Which of the following statements is not true about the conformity of custom?
(a)It should be in conformity with public policy (b) It should be in conformity with statuary law
(c)In England, custom will be recognized even if it is in conflict with some fundamental principles of law (d) The custom must not be in conflict with tradition✓
Answer & explanation
Ans. (c) :
Explanation: The essential elements of an exemplary custom are as follows — 1. 2. 3. 4. 5. 6. 7. 8.
Immemorial usage Continuity Peaceful enjoyment Compulsory force Certainty Consistency
Reasonableness Conformity with statutes
2014Assertion–Reason
Assertion (A): Custom is per se law, independent of its prior recognition by the sovereign or the judge.
Reason (R): Custom is a source of law.
Codes:
(a)Both (A) and (R) are true but (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true but (R) is not a correct explanation of (A)
(c)(A) is true but (R) is false
(d)(A) is false but (R) is true
Answer & explanation
Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A)
Explanation: Custom precedes legislation and therefore is superior to it, and legislation should be in accordance with the principles of custom. This is a principle associated with the historical school, which is a source of law.
2014
"We must admit openly that precedent makes law as well as declare it...... Original precedents are the outcome of the International exercise by the courts of their privileges of developing the law of the same time that they administer it." Who said it?
(a)Salmond✓
(b)Redcliffe
(c)Lord Denning
(d)Starke
Answer & explanation
Ans. (a) : Salmond
Explanation: Salmond while defining law said — "We must openly admit that precedent makes law as well as declares it. Original precedents are the outcome of the international exercise by the courts of their privileges of developing the law at the same time that they administer it."
2014Statements
Which of the following statements is right?
(a)Law consist of rules in accordance with reason and nature has formed the basis of imperative law
(b)Natural law is a type of command
(c)Law, according to positivist, is made through medium of courts
(d)Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule✓
Answer & explanation
Ans. (d) : Hart talks in terms of conduct supplemented by an attitude of mind to the effect that the conduct in question is obligatory because it is required by rule
Explanation: According to Hart, the proponent of the analytical school, the key to the science of jurisprudence is the system of primary and secondary rules. Both primary and supporting rules combine to clarify the nature of law and provide the key to the science of jurisprudence. Hart's special contribution in the post-modernist school is the rule of recognition. He says that the rule of recognition is found in all legal systems because on this basis it is ensured which law is which. In a legal system, the rule of recognition is the only rule whose obligatory force depends on its acceptance.
2014
There is a clear cut division between the spheres of legislature and judiciary. The first makes the laws and the latter applies them. Which of the school propounds this doctrine?
(a)Analytical jurisprudence✓
(b)Historical jurisprudence
(c)Sociological jurisprudence
(d)Philosophical jurisprudence
Answer & explanation
Ans. (a) : Analytical jurisprudence
Explanation: The analytical school of jurisprudence propounds this doctrine that there is a clear division between the spheres of the legislature and judiciary, and the legislature makes the law and the judiciary applies it. The famous jurists of the analytical school are Austin, Bentham, Kelsen etc.
2014
In which one of the following cases was it observed by the Supreme court that precedent should not be petrified nor judicial dicta divorced from the socio economic morals of the age?
(a)Mamleshwar v. Kanahaiya Lal
(b)Bengal Immunity Company Ltd. v. State of Bihar✓
(c)State of West Bengal v. Corporation of Calcutta
(d)K.C. Dora v. G. Annamanaidu
Answer & explanation
Ans. (b) : Bengal Immunity Company Ltd. v. State of Bihar
Explanation: In the Bengal Immunity Company Limited v. State of Bihar case, it was observed by the Supreme Court that precedent should not be petrified and judicial dicta should not be divorced from the socio-economic morals of the age.
2014
Who among the following divided the sources of Law into formal sources and material sources?
(a)Gray
(b)Keeton
(c)Allen
(d)Salmond✓
Answer & explanation
Ans. (d) : Salmond
Explanation: Salmond divided the sources of law into formal sources and material sources. Salmond while defining jurisprudence said that "Jurisprudence is the science of the first principles of civil law and it is civil and civil law."
2014
According to Profession Goodhart a ratio decidendi of a case is
(a)the principle of law laid down in a decision which is the decisive element
(b)the conclusion reached by the judge on the basis of the material facts of the case✓
(c)the reason given by the court for its decision
(d)any opinion of the court on a question of law
Answer & explanation
Ans. (b) : the conclusion reached by the judge on the basis of the material facts of the case
Explanation: According to Professor Goodhart, the ratio decidendi of a case is the conclusion reached by the judge on the basis of the material facts of the case.
.
2015
Which of the following is not correct regarding Legislation and Precedent?
(a)Legislation reflects the formal will of the state and precedent has its source in judgement of court
(b)Legislation is the formal expression of new laws by legislature and precedent is the creation of law by an action
(c)Legislation is general declaration of law in abstract form and precedent is the manifestation of law in action
(d)Legislation are based on the minority opinion and precedents are created or based for future decisions✓
Answer & explanation
Ans. (d) :
Explanation: According to Austin — law made by legislation reflects the sovereign power of the state and it is directly made. While precedent is a result of decisions given by judicial courts or of interpolation.
2015
Who said that customs are superior to the legislation. Therefore legislations should not abrogate the customs rather synthesize them with the common consciousness of the people and society?
(a)Henry Maine
(b)H.L.A. Hart
(c)Savigny✓
(d)Hans Kelson
Answer & explanation
Ans. (c) : Savigny
Explanation: Savigny was associated with the historical school of jurisprudence. This statement belongs to Savigny that customs are superior to legislation. Therefore legislation should not abrogate customs but rather include them in the common consciousness of society and people.
2015
Who has described Jurisprudence as 'The lawyer's extroversion. It is lawyer's examination of the precepts, ideals, and techniques of the law in the light derived from present knowledge in disciplines other than the law?
(a)Paton
(b)Holland
(c)Austin
(d)Julius Stone✓
Answer & explanation
Ans. (d) : Julius Stone
Explanation: Jurist Julius Stone defined jurisprudence as the lawyer's extraversion — it is the lawyer's examination of the precepts, ideals and techniques of law in the light derived from present knowledge in disciplines other than law.
2015
The liberam arbitrium of the courts depends upon what is right, justice, equitable or reasonable and is dependent upon:
(a)Evidence and demonstration of public
(b)Arguments submitted with reason✓
(c)Discovering the right or justice of the matter
(d)Pure intellectual process
Answer & explanation
Ans. (b) : Arguments submitted with reason
Explanation: The liberam arbitrium of courts depends on what is right, just, equitable or reasonable and it depends on arguments submitted with reason.
2015
Obiter dicta has no binding authority but it helps to:
(a)Rationalise legal sanctions✓
(b)Encourage providing solution to future litigations
(c)It allows greater prestige to the judge
(d)It makes the acceptability of precedents more flexible
Answer & explanation
Ans. (a) : Rationalise legal sanctions
Explanation: Obiter dicta is such a declaration of law that is not a part of ratio decidendi. It is called obiter dicta and it does not have binding force. When courts, in the flow of their reasoning, propound such a principle which they do not consider the basis of any particular decision, such propounding takes the form of obiter dicta.
2016Statements
Ration decidendi may be defined as
(a)Statement of law applied to the legal problem disclosed by facts
(b)Finding of material facts, direct and inferential, based on earlier case law
(c)The rule of law which other regard as being of binding authority
(d)All of the above✓
Answer & explanation
Ans. (d) : All of the above
Explanation: Statement of law applied to legal problems disclosed by facts, findings of material facts based on earlier case law, and the rule of law which others regard as being of binding authority — all are included in the definition of ratio decidendi.
2016Statements
Which one of the following statements is incorrect?
(a)In Jurisprudence we are concerned to derive rules from authority and apply them to problems✓
(b)In Jurisprudence we are concerned to reflect on the nature of legal rules
(c)In Jurisprudence we are legal concerned on the underlying meaning of legal concepts
(d)In Jurisprudence we are concerned on the essential features of legal systems
Answer & explanation
Ans. (a) : In Jurisprudence we are concerned to derive rules from authority and apply them to problems
Explanation: The concern of jurisprudence is as follows —
1. To reflect on the nature of valid legal rules.
2. The underlying meaning of valid concepts, and
3. The essential features of legal systems.
2016
Which of the following requisites are necessary to be fulfilled for a custom to be valid source of law?
1. Reasonableness, antiquity and conformity with statute law
2. Immemorial antiquity, conformity with statute law and observance as of right
3. Specificity, efficacy and reasonableness
Codes:
(a)Only 1 and 3
(b)1, 2 and 3
(c)Only 2 and 3
(d)Only 1 and 2✓
Answer & explanation
Ans. (d) : Only 1 and 2
Explanation: For any custom to be considered a valid source of law, it is necessary that it be reasonable, ancient, in conformity with law, and observed as a right.
2016Assertion–Reason
Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes given below:
Assertion (A): Judges must follow authoritative precedents.
Reason (R): Authoritative precedents derive their authority from basic postulate of the legal system itself.
Codes:
(a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c)(A) is true but (R) is false
(d)(A) is false but (R) is true
Answer & explanation
Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A)
Explanation: Since an 'authoritative precedent' derives its authenticity from the basic postulate element of the legal system, therefore judges must generally follow authoritative precedents. Thus it is clear that both (R) and (A) are true and (R) is the correct explanation of (A).
2016Statements
The difference between judicial and legislative creativity has been that "the creative power of the court is limited by existing legal material at their command. They find the material and shape it. The legislature may manufacture entirely new material." This statement is of
(a)Kelsen
(b)Blackstone
(c)Allen✓
(d)Bentha
Answer & explanation
Ans. (c) : Allen
Explanation: C.K. Allen stated the difference between judicial and legislative creativity that "the creative power of the court is limited by existing legal material at their command. They find the material and shape it. The legislature may manufacture entirely new material." Kelsen is associated with the pure theory of law. Blackstone is associated with the declaratory theory of precedent. According to Bentham — any kind of law making is called legislation.
2017Match the lists
Match List-I with List-II and give the correct answer by using the codes given below:
List-I — List-II A. Jurisprudence is a science of just and unjust — i. Salmond B. Jurisprudence is the science of the first principle of civil law — ii. Gray C. Jurisprudence is the philosophical aspect of knowledge of law — iii. Ulpain D. Jurisprudence is in truth no more a formal science then physiology — iv. Cicero
Code:
(a)A-1, B-2, C-3, D-4
(b)A-3, B-1, C-4, D-2✓
(c)A-2, B-3, C-1, D-4
(d)A-3, B-4, C-2, D-1
Answer & explanation
Ans. (b) : Jurist — Definition of Jurisprudence (A) Ulpain — Jurisprudence is a science of just and unjust. (B) Salmond — Jurisprudence is the science of the first principle of civil law. (C) Cicero — Jurisprudence is the philosophical aspect of knowledge of law. (D) Gray — Jurisprudence is in truth no more a formal science than physiology.
2017
Which one of the following requisites is not necessary to be fulfilled for a custom to be valid and operative as a source of law?
(a)Reasonableness
(b)Conformity with statute law
(c)Immemorial antiquity
(d)May not have been practiced continuously✓
Answer & explanation
Ans. (d) : The following elements are necessary for a custom to be valid and operative as a source of law: (1) Reasonableness (2) Conformity with statute law (3) Immemorial antiquity (4) Certainty (5) Peaceable enjoyment as of right (6) Should be in consonance with morality (7) Should not be immoral (8) Compulsory force
2017Match the lists
Match List-I with List-II and give the correct answer by using the codes given below:
List-I (Meaning) — List-II (Jurists associated with) A. Inner Morality — 1. Compte B. Concept of living law — 2. Fuller C. Organic concept of society — 3. Burke D. Gradual and organic process — 4. Ehrlich
Code:
(a)A-2, B-4, C-1, D-3✓
(b)A-3, B-4, C-1, D-2
(c)A-2, B-3, C-4, D-1
(d)A-1, B-2, C-3, D-4
Answer & explanation
Ans. (a) : Theory — Associated Jurist Inner Morality — Fuller Concept of Living Law — Ehrlich Organic Concept of Society — Compte Gradual and Organic Process — Burke
2017Assertion–Reason
Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): The legislature can forge a sledge-hammer capable of cracking open the corporate shell.
Reason (R) : Corporate personality cannot be used as a shield to harm national interest.
Codes:
(a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(c)(A) is true, but (R) is false
(d)(A) is false, but (R) is true
Answer & explanation
Ans. (a) : The legislature is capable of breaking the corporate mentality as a large weapon and corporate personality cannot be used as a shield to harm national interest.
2017Statements
"I think adherence to precedent should be the rule and not the exception". This statement is of:
(a)Keeton
(b)Blackston
(c)Cardozo✓
(d)Paton
Answer & explanation
Ans. (c) : Cardozo made this statement that "I think adherence to precedent should be the rule and not the exception."
2017
Which one of the following sources of law has the basis under Article 141 of the Constitution of India?
(a)Supreme legislation
(b)Subordinate legislation
(c)Colonial legislation
(d)Precedent✓
Answer & explanation
Ans. (d) : According to Article 141 of the Indian Constitution, law declared by the Supreme Court shall be binding on all courts within the territory of India; it is clear from this provision that precedent has its basis under Article 141 of the Constitution of India.
2018Assertion–Reason
Read Assertion (A) and Reason (R) and give the correct answer by using the code given below:
Assertion (A): Judges must follow authoritative precedents.
Reason (R): Authoritative precedents derive their authority from basic postulates of the legal system itself.
Code:
(a)Both (A) and (R) are true, and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(c)(A) is true, but (R) is false
(d)(A) is false, but (R) is true
Answer & explanation
Ans. (a) : Judges must follow their precedents while applying them to current cases. Such a system is also embedded in Article 141 of the Constitution. Because authoritative precedents derive their authority from the basic foundational elements of the legal system itself. Therefore both A and R are correct and R is the correct explanation of A.
2018
Which one of the following jurists used the two expressions 'formal' and 'material' in defining the term jurisprudence?
(a)Hans Kelsen
(b)T.E. Holland✓
(c)Jeremy Bentham
(d)Dennis Lloyd
Answer & explanation
Ans. (b) : Holland described jurisprudence as the formal science of actual law. Taking a practical approach to this subject, he defined jurisprudence as the formal science of law related to prevalent rules and ideas. His view is that jurisprudence has more to do with human behaviour governed by rules of law rather than material rules.
2018
The law declared by the supreme Court is binding on all the courts within the territory of India, but the Supreme Court is not bound by its own decisions, was decided by the supreme Court itself in:
(a)Keshavananda Bharti v. State of Keral
(b)Indiara Nehru Gandhi v. Raj Narain
(c)Madhave Rao Scindia v. Union of India
(d)Bengal Immunity Co Ltd.v. State of Bihar✓
Answer & explanation
Ans. (d) : In Bengal Immunity Company Ltd. v. State of Bihar (1955 SC), the Supreme Court held that the law declared under Article 141 by the Supreme Court is binding on all lower courts but the Supreme Court itself is not bound by its own decisions.
2018Assertion–Reason
Assertion (A): Custom to have the force of law must be immemorial
Reason (R): Custom represents common consciousness of the people.
Code:
(a)Both (A) and (R) are true and (R) is the correct explanation of (A)
(b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)✓
(c)(A) is true, but (R) is false
(d)(A) is false, but (R) is true
Answer & explanation
Ans. (b) : The following conditions are necessary for a custom to acquire the force of law: Antiquity, Reasonableness, Continuity, Conformity with valid laws, Must be in practice. Therefore both A and R are correct but R is not the correct explanation of A. In the case of Har Prasad v. Shivdayal, the Privy Council defining custom said that custom is a rule which, by long usage in a particular family or area or subject matter, acquires the force of law.
2019
Who among the following has defined jurisprudence as 'the knowledge of things divine and human, the science of right and wrong'?
(a)Blackstone
(b)Hobbes
(c)Salmond
(d)Ulpian✓
Answer & explanation
Ans. (d) : Ulpian defined jurisprudence as the knowledge of things divine and human, the science of right and wrong.
2019Sequence / order
Which of the following could be considered to be advantages of Legislation over Precedent? 1. 2. 3. 4.
Who defined jurisprudence as a formal science of positive law?
(a)Austin
(b)H.L.A. Hart
(c)Salmond✓
(d)Holland
Answer & explanation
Ans. (c) : The famous jurist Salmond defined jurisprudence as a formal science of positive law. Salmond was associated with the analytical school.
2019
Who, among the following jurists, says "legal theory is linked at one end with philosophy and, at other end, with political theory"?
(a)John D. Finch
(b)Friedman✓
(c)Wayne Morrison
(d)Jeremy Bentham
Answer & explanation
Ans. (b) : Friedman's statement is that "legal theory is linked at one end with philosophy and at the other end with political theory."
2020-2021
Which of the following conditions are essential for a custom to be valid A. The custom had to possess a sufficient measure of antiquity B. The custom must have been enjoyed 'as a right'
C. The custom need not be consistent with other customs in the same area D. The custom must be certain and precise
Choose the correct answer from the options given below:
(a)A and B only
(b)A, B and D only
(c)A, B and D only✓
(d)A, B, C and D all
Answer & explanation
Ans. (c) : The following conditions are essential for a custom to be valid: (1) Antiquity, (2) Continuity,
2020-2021
The real relation of Jurisprudence to Law depends not upon what law is treated, but how law is treated. is said by
(a)Gierke
(b)Gray✓
(c)Rawls
(d)Duguit
Answer & explanation
Ans. (b) : According to the jurist Gray, the real relation of jurisprudence to law does not depend on what law is treated as but depends on how it is treated.
2020-2021Statements
Which one of the following statements is not correct?
(a)Hart's analysis of law suggests that international law consists of legal rules forming not a system but a set of rules
(b)The absence in international law of any basic rules of recognition prevents its being unified into a system
(c)International law remains a mere set of separate rules
(d)Many of the rules of international law rest on treaty, not on custom✓
Answer & explanation
Ans. (d) : According to Positivists, laws enacted by appropriate legislative authority are binding. Positivists base their views on the actual practice of states; in their view Treaties and Custom are the main sources of international law.
2021-2022
Who has divided the source of law into two classes (a) Formal sources and (b) Material sources?
(a)John Austin
(b)Savigny
(c)Salmone✓
(d)Kelson
Answer & explanation
Ans. (c) : John Salmond divided the sources of law into two categories: (1) Formal sources (2) Material sources Formal sources — those sources from which law derives its force or validity. Material sources — those sources from which legal subject matter is obtained.
2021-2022Statements
Given below are two statements: Statement I : Salmond says that common law is essentially judge-made law. Statement II : Pollock said that the common law is a customary law i.e. based on customs. In the light of the above statements, choose the most appropriate answer from the options given below:
(a)Both Statement I and Statement II are correct✓
(b)Both Statement I and Statement II are incorrect
(c)Statement I is correct but Statement II is incorrect
(d)Statement I is incorrect but Statement II is correct
Answer & explanation
Ans. (a) : Salmond's statement is that common law is essentially judge-made law. That is, until the practices prevailing in courts are accepted, they cannot be called law. Whereas Pollock's statement is that common law is customary law, i.e. it is based on customs.
2023Sequence / order
Who made the statement that "Jurisprudence is the study and systematic arrangement of the general principles of law"?
(a)R.W.M Dias
(b)Julius stone
(c)Keeton C.G✓
(d)E.W. Patterson
Answer & explanation
Ans. (c) : Keeton C.G. said that jurisprudence is the study and systematic arrangement of the general principles of law.
2023
Which of the following is correct?
(a)"The only right which any man can possess is the right always to do his duty" is Duguit's Theory✓
(b)'Social solidarity' a natural principle is given by Jurist Gierke
(c)Pound, legal philosophy is 'Utilitarianism'
(d)Austin said "Law is Social Engineering"
Answer & explanation
Ans. (a) : Duguit determined that the only right which every person can possess is the right always to do his duty. Roscoe Pound said that law is Social Engineering. The utilitarian theory of legal philosophy was propounded by Bentham. Social solidarity is a sociological school propounded by the jurist Duguit.
2023
Which Jurist gave the classification of the sources of law as (a) binding and (b) persuasive:
(a)Keeton✓
(b)Salmond
(c)Allen
(d)Rosco Pound
Answer & explanation
Ans. (a) : The jurist Keeton classified the sources of law as follows: (a) Binding (b) Persuasive
2023Statements
Who made the following statement?
"Large part, and as many would add the best part of law of England is judge made law, that is to say, consists of rules to be collected from the judgements of the courts"
(a)Dicey✓
(b)Lord Denning
(c)Bacon
(d)Bentham
Answer & explanation
Ans. (a) : Dicey stated that a large part of the law of England and many other laws would be added to it and this is judge-made law. That is, it contains those rules which are collected from the judgements of the courts.
Dec 2020/June 2021 · Q57Sequence / order
Arrange in chronological order the publication or ther books on Jurisprudence
(1) A Practical Treatise of Architectural Jurisprudence by James Elmes
(2) The Spirit of Common Law by Roscoe Pound
(3) World Poverty and Human Rights by Thomas Pogge
(4) Taking Rights Seriously by Ronald Dworkin
(5) The Growth of the Law by Benjamin N. Cardozo
Choose the correct answer from the options given below
(a)(2), (1), (3), (5), (4)
(b)(5), (2), (1), (3), (4)
(c)(1), (2), (5), (4), (3)✓
(d)(2), (1), (5), (3), (4)
Answer & explanation
Answer: (c) (1), (2), (5), (4), (3)
Dec 2021/June 2022 · Q3Statements
Given below are two statements
Statement I - I : Imperative law means "a concept of the rule of action imposed upon men by some authority which enforces obedience to it
Statement II - II : Natural law signifies the principles of natural right and wrong
In light of the above statements, choose the most oppropriate answer from the options given below
(a)Both Statement I and Statement II are correct I II✓
(b)Both Statement I and Statement II are incorrect
(c)Statement I is correct but Statement II is incorrect
(d)Statement I is incorrect but Statement II is correct
Answer & explanation
Answer: (a) Both Statement I and Statement II are correct I II
December 2022 · Q87Assertion–Reason
(Assertion A) (Reason)
Assertion A : The Supreme Court has opined that the doctrine of Stare-decises is one of the important principles of precedent
Reason R : If the Supreme Court finds itself unable to accept the earlier view, it can decide the case in a different way
In the light of the above statements, choose the most appropriate answer from the options given below
(a)Both A and R are correct and R is the correct explanation of A
(b)Both A and R are correct and R is not the correct explanation of A✓
(c)A is correct but R is not correct A R
(d)A is not correct but R is correct A R
Answer & explanation
Answer: (b) Both A and R are correct and R is not the correct explanation of A
June 2023 · Q66Assertion–Reason
Given below are two statements: one is labelled as Assertion A and the other is labelled as
Reason R
(Assertion A) (Reason R)
Assertion A : "Laws may be unjust though being opposed to the divine good; such laws are the laws of tyrants laws of this kind must no wise be observed
Reason R : Exterment order is of no effect and its violation is no offence
In the light of the above statements, choose the most appropriate answer from the options given below
(a)Both A and R are correct and R is the correct explanation of A
(b)Both A and R are correct but R is NOT the correct explanation of A
(c)A is correct but R is not correct A R
(d)A is not correct but R is correct A R
Answer & explanation
Answer: no single key (NTA dropped this question or changed its answer key)
December 2023 · Q128Assertion–Reason
Given below are two statements: One is labelled as Assertion (A) and the other is labelled as
Reason (R)
Assertion (A)
Reason (R)
Highly developed legal systems strive to create an autonomous apparatus of legal concepts, legal techniques, and legal norms Law needs to be endowed with logical consistency, predictability and stability In the light of the above statements, choose the most appropriate answer from the options given below
(a)Both (A) and (R) are correct and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)
(c)(A) is correct but (R) is not correct
(d)(A) is not correct but (R) is correct
Answer & explanation
Answer: (a) Both (A) and (R) are correct and (R) is the correct explanation of (A)
December 2024 · Q57
The word 'jurisprudence' owes its origin from the term 'jurisprudentia', which is given by
(a)Greeks
(b)Romans✓
(c)British Jurists
(d)American Jurists
Answer & explanation
Answer: (b) Romans
June 2025 · Q9Statements
Which of the following statements are correct about "legal theory"?
A. It defines law
B. It analyses legal concepts
C. It deals with mere theory and has no practical importance
D. It highlights salient features of the legal system
(a)A, B, C only
(b)B, C, D only
(c)A, B, D only✓
(d)A, C, D only
Answer & explanation
Answer: (c) A, B, D only
Explanation: Legal theory serves to define law, analyze legal concepts, and explain the framework of a legal system. The claim that it has no practical value is incorrect; legal theory is fundamental to understanding law’s application.
31 Dec 2025 (Shift 1) · Q100
Certain principles to distinguish obligatory from recommendatory injunctions can be found in which of the following ancient Indian texts?
(a)Jijnaysa
(b)Mimansa✓
(c)Rashtravani
(d)Garuda Nyaya
Answer & explanation
Answer: (b) Mimansa
31 Dec 2025 (Shift 1) · Q119
Who among the following opines that historical sources of law pertain to legal history and not to legal theory?
(a)Salmond✓
(b)Blackstone
(c)Pollock
(d)Gray
Answer & explanation
Answer: (a) Salmond
June 2026 · Q82
Which one of the following jurist defined jurisprudence as the "Science of the first principles of the Civil Law"?
(a)Holland
(b)Bentham
(c)Salmond✓
(d)Julius Stone
Answer & explanation
Answer: (c) Salmond
Explanation: Sir John William Salmond defined jurisprudence in its specific sense as: "The Science of the first principles of the Civil Law."
• Civil Law: Law of the land applied by courts in the administration of justice.
• First Principles: The fundamental, foundational concepts underlying legal systems (e.g., rights, duties, ownership, possession, liability).