Jurisprudence MCQ Quiz in தமிழ் - Objective Question with Answer for Jurisprudence - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is 3.

Key PointsExplanation of Statements

• Statement 1: A child in the mother's womb is a legal person
  • This is a correct statement. A child in the mother's womb has certain legal rights, such as the right to inheritance, if born alive. Hence, statement 1 is correct.
• Statement 2: A dead person has the right to regulate his property according to his wishes when he is not living
  • This is a correct statement. The wishes of a deceased person regarding their property, as expressed in a will, are respected and executed by law. Hence, statement 2 is correct.
• Statement 3: Animals are subjects of rights and duties just like human beings
  • This is an incorrect statement. While animals have certain protections under the law, they do not have rights and duties in the same way humans do. Hence, statement 3 is incorrect.
• Statement 4: A partnership firm is not a legal person therefore it cannot sue or be sued in its name
  • This is a correct statement. A partnership firm does not have a separate legal identity from its partners, and legal actions are taken in the names of the partners. Hence, statement 4 is correct.

Additional Information

• Legal Person
  • A legal person is any entity that can hold legal rights and be subject to legal duties. This includes natural persons (humans) and juridical persons (organizations, corporations).
• Rights of the Unborn Child
  • An unborn child has certain legal protections and rights, particularly concerning inheritance and wrongful death claims.
• Animal Rights
  • Animal rights are protections under the law, but they do not equate to the rights and responsibilities of legal persons.

The correct answer is Julius Stone

Key Points

• Julius Stone:
  • Julius Stone, a renowned legal philosopher, made the statement "Jurisprudence is nothing but the Lawyer's Extraversion."
  • He emphasized that jurisprudence involves the external application and interpretation of law by lawyers and judges.
  • Stone's work often focused on the sociological aspects of law and its practical implications.

Additional Information

• Bentham:
  • Jeremy Bentham was an English philosopher and jurist, known for founding modern utilitarianism.
  • He did not make the statement in question, but contributed significantly to legal theory and the philosophy of law.
• Austin:
  • John Austin was a British legal theorist who is best known for his work on the theory of legal positivism.
  • He focused on the separation of law and morality but did not make the statement attributed to Julius Stone.
• Holland:
  • Thomas Erskine Holland was a British jurist and legal scholar known for his works on international law.
  • Holland did not make the statement in question; his contributions were more focused on legal definitions and classifications.

The correct answer is 'Law is found, not made.'

Key Points

• Historical School of Jurisprudence:
  • The Historical School of Jurisprudence asserts that law is a product of the historical development of society and is deeply rooted in the customs and traditions of the people.
  • According to this school, law is not created by the legislature or judges but is discovered through the historical evolution of societal norms and customs.
  • Friedrich Carl von Savigny is a notable proponent of this school, emphasizing that law is a manifestation of the people’s spirit (Volksgeist).

Additional Information

• Other Options Explained:
  • Law is what the Judges declare:
    • This view aligns more with the Realist School of Jurisprudence, which emphasizes the role of judges in creating law through their decisions.
  • Law is made, not found:
    • This perspective is associated with the Analytical School of Jurisprudence, which posits that law is a set of commands issued by a sovereign authority and is constructed rather than discovered.
  • Law is the command of sovereign:
    • This view is central to Legal Positivism, particularly the theories of John Austin, who argued that law is a command issued by the sovereign backed by sanctions.

The correct answer is 'Realist school'

Key Points

• Realist school:
  • The Realist school of jurisprudence is known as the 'Left Wing of the functional school'.
  • This school focuses on the actual practices of the courts and the real-world effects of legal decisions, rather than abstract principles.
  • It emphasizes that law is not a set of rules but a product of judicial decisions influenced by social, economic, and political factors.
  • Realists argue that judges' personal biases and societal pressures significantly shape legal outcomes.

Additional Information

• Sociological school:
  • This school views law as a social institution that must evolve with society.
  • It emphasizes the relationship between law and society and aims to make law a tool for social engineering and reform.
  • However, it is not specifically referred to as the 'Left Wing of the functional school'.
• Analytical school:
  • The Analytical school, also known as the positivist school, focuses on the logical structure of law and its formal characteristics.
  • It deals with law as it is (positive law), rather than how it ought to be.
  • This school does not emphasize the functional or practical aspects of law, thus not fitting the description of the 'Left Wing of the functional school'.
• Philosophical school:
  • Also known as the Natural Law school, it focuses on the moral and ethical dimensions of law.
  • It argues that law should reflect moral principles and universal truths.
  • This school is more concerned with what law ought to be rather than its practical application, making it different from the Realist school.

The correct answer is 'Kelson'

Key Points

• Kelson's View:
  • Hans Kelsen, a renowned jurist and legal philosopher, is known for his theory of law and the idea that there is no fundamental difference between public and private law.
  • Kelsen argued that both public and private law are part of a unified legal system and should be understood as such.
  • His perspective stems from his Pure Theory of Law, which seeks to describe law as a system of norms, distinct from moral or social norms.

Additional Information

• Austin:
  • John Austin, a legal theorist, is best known for his work on legal positivism and the concept of law as commands issued by a sovereign.
  • Austin did not specifically address the distinction between public and private law in the manner Kelsen did.
• Maine:
  • Henry Maine was an English jurist and historian known for his work on ancient law and the development of legal institutions.
  • Maine focused more on the evolution of law from status to contract rather than the distinction between public and private law.
• Pound:
  • Roscoe Pound was an influential American legal scholar known for his contributions to sociological jurisprudence.
  • Pound emphasized the role of law in society and the importance of balancing competing interests but did not specifically argue against the distinction between public and private law.

The correct answer is 'Absolute duty'

Key Points

• Absolute duty:
  • An absolute duty is one that exists without a corresponding right. This means that the duty must be performed regardless of whether there is a beneficiary who can claim a right from it.
  • Examples of absolute duties include moral or ethical obligations that an individual may feel compelled to perform.
  • Absolute duties are binding and obligatory, often stemming from laws or ethical principles, without the necessity of a reciprocal entitlement.

Additional Information

• Relative duty:
  • A relative duty is one that corresponds to a specific right. For example, if person A has a duty to pay person B, person B has the right to receive the payment.
  • Relative duties are mutual and reciprocal, meaning that the existence of the duty implies the existence of a corresponding right.
• Secondary duty:
  • Secondary duties are contingent upon the failure to perform a primary duty. For example, if a primary duty is breached, a secondary duty might involve providing compensation.
  • These duties are not absolute as they depend on the occurrence of certain conditions or breaches of primary duties.
• None of the above:
  • This option is incorrect because the correct classification of duties without a corresponding right is 'Absolute duty'.
  • None of the other options accurately describe duties without corresponding rights.

The correct answer is 'right to rem'

Key Points

• Right to REM:
  • A right to REM is a real right, which means it is a right related to a thing, in this case, land.
  • This type of right is enforceable against the world at large, meaning anyone who interferes with A's enjoyment of his land can be legally challenged.
  • It is a fundamental aspect of property law, ensuring that the owner has exclusive control and enjoyment of their property.

Additional Information

• Right to Land:
  • While 'right to land' may seem relevant, it is a broader term that could encompass various rights related to land ownership, including both personal and real rights.
  • It does not specifically highlight the enforceability aspect against the world at large, which is crucial for a right to REM.
• Moral Right:
  • A moral right is based on ethical principles rather than legal enforceability.
  • It does not provide the legal protection and enforceability that a right to REM entails.
• Right to Personam:
  • A right to personam is a personal right, enforceable against a specific individual or entity.
  • It contrasts with a right to REM, which is enforceable against the world at large and pertains directly to property.

Kelsen's hierarchy of norms derived from hypothetical grund norms

Key Points

• Hypothetical grund norms:
  • Kelsen's theory of the hierarchy of norms is a fundamental aspect of his Pure Theory of Law.
  • The "grundnorm" or "basic norm" is a hypothetical foundational rule that serves as the ultimate source of validity for all other norms in a legal system.
  • According to Kelsen, every legal norm derives its validity from a higher norm, culminating in the grundnorm, which is presupposed rather than empirically verified.
  • This hierarchical structure ensures a coherent and unified legal system where lower norms must conform to higher norms.

Additional Information

• Closed logical system:
  • A closed logical system refers to a system where all propositions are logically derived from a set of axioms or initial propositions.
  • While Kelsen's theory emphasizes logical consistency, it is not primarily derived from the concept of a closed logical system.
• Aesthetic experience:
  • Aesthetic experience pertains to the appreciation of beauty and artistic expression.
  • This concept is unrelated to Kelsen's legal theory, which focuses on the structure and validity of legal norms.
• Legislation:
  • Legislation involves the process of creating laws by a legislative body.
  • While legislation is a source of legal norms, Kelsen's hierarchy of norms is concerned with the validity of these norms, which ultimately traces back to the grundnorm.

The correct answer is Holland

Key Points

• Definition of Ownership by Holland:
  • Holland defined ownership as 'a plenary control over an object'.
  • This definition emphasizes complete control and dominion over a property or object.
  • Ownership, according to Holland, encompasses the right to possess, use, and dispose of the object.

Additional Information

• Other Theories of Ownership:
  • Austin: John Austin did not define ownership in such terms. His focus was on the concept of sovereignty and laws as commands of a sovereign.
  • Kelsen: Hans Kelsen is known for his Pure Theory of Law, which abstracts the concept of law from moral or social considerations, and does not specifically define ownership as 'plenary control'.
  • Hart: H.L.A. Hart is known for his analysis of legal systems and the concept of law, particularly in his book "The Concept of Law". He did not define ownership in terms of 'plenary control'.
• Importance of Holland's Definition:
  • Holland's definition of ownership is significant in understanding legal rights and property laws.It provides a comprehensive view of the extent of control an owner has over their property.

The correct answer is 'The absolute right to a thing'

Key Points

• Dominium:
  • The term 'dominium' is derived from Latin, meaning dominion or ownership.
  • It refers to the absolute right to a thing, encompassing full ownership and control over property.
  • This concept is fundamental in property law, where it denotes the ultimate authority one has over their possessions.

Additional Information

• Physical control over a thing:
  • This option is incorrect because physical control refers to the actual possession or ability to manipulate a thing, but does not necessarily imply ownership or absolute rights.
• Hohfeldian philosophy of right:
  • This option is incorrect as it pertains to the legal theory developed by Wesley Hohfeld, which analyzes the fundamental legal concepts such as rights, duties, and liabilities, rather than focusing on ownership or control.
• Development of the idea of possession:
  • This option is incorrect because it discusses the historical and legal evolution of the concept of possession, which is different from the absolute right or ownership denoted by 'dominium'.