All Free Law and Constitution MCQs with Answers
Every Law and Constitution question in the bank, across all chapters, each with the correct answer and a written explanation. Free and unlimited, with no account needed.
2,940 questions · page 10 of 147
- A. Judicial precedent
- B. Customary international law
- C. Treaty interpretation
- D. Diplomatic privilege
Explanation: Customary international law requires general and consistent state practice together with opinio juris, meaning a belief that the practice…
Correct answer: Customary international law182. Which feature most clearly distinguishes public international law from private international law?
- A. Public international law governs relations involving international actors, while private international law addresses cross-border private disputes
- B. Public international law applies only during armed conflict, while private international law applies only during peace
- C. Public international law concerns contracts, while private international law concerns diplomatic relations
- D. Public international law is enforced only by national courts, while private international law is enforced only by the United Nations
Explanation: Public international law regulates relations among states, international organisations and other recognised actors.
Correct answer: Public international law governs relations involving international actors, while private international law addresses cross-border private disputes- A. It automatically grants membership in the United Nations
- B. It confirms that the recognised state has diplomatic and legal relations with the recognising state
- C. It transfers sovereignty over disputed territory to the recognising state
- D. It removes the recognised state from the jurisdiction of international law
Explanation: Recognition allows the recognising state to treat the entity as a state for relevant diplomatic and legal purposes.
Correct answer: It confirms that the recognised state has diplomatic and legal relations with the recognising state- A. 3 nautical miles
- B. 6 nautical miles
- C. 12 nautical miles
- D. 24 nautical miles
Explanation: The United Nations Convention on the Law of the Sea recognises a territorial sea extending up to 12 nautical miles from the coastal…
Correct answer: 12 nautical miles- A. A diplomat may be arrested by the receiving state for any local offence
- B. A diplomat is generally protected from the receiving state's criminal jurisdiction
- C. A diplomat automatically becomes a citizen of the receiving state
- D. A diplomat may exercise judicial power over the receiving state's courts
Explanation: Under the Vienna Convention on Diplomatic Relations, diplomatic agents generally enjoy immunity from the criminal jurisdiction of the…
Correct answer: A diplomat is generally protected from the receiving state's criminal jurisdiction- A. When a private person's conduct causes any international criticism
- B. When conduct is attributable to the state and constitutes a breach of an international obligation
- C. When a state loses a case before any domestic court
- D. When the conduct occurs outside the state's territory in every case
Explanation: State responsibility generally requires two elements: conduct attributable to the state and a breach of an international obligation…
Correct answer: When conduct is attributable to the state and constitutes a breach of an international obligation- A. The use or threat of force against the territorial integrity or political independence of a state
- B. The peaceful settlement of disputes through negotiation
- C. The conclusion of treaties between sovereign states
- D. The participation of states in United Nations organs
Explanation: Article 2(4) establishes the general prohibition on the threat or use of force against a state's territorial integrity or political…
Correct answer: The use or threat of force against the territorial integrity or political independence of a state- A. Negotiation
- B. Mediation
- C. Arbitration
- D. Good offices
Explanation: Arbitration refers to the submission of a dispute to one or more arbitrators whose decision is normally binding under the parties'…
Correct answer: Arbitration- A. The automatic consent of every United Nations member
- B. The consent of the states concerned, expressed through an accepted legal basis
- C. A request made by any private individual affected by the dispute
- D. The nationality of the judges hearing the case
Explanation: The International Court of Justice is based on the consent of states in contentious proceedings.
Correct answer: The consent of the states concerned, expressed through an accepted legal basis- A. Satisfaction
- B. Restitution
- C. Countermeasure
- D. Retorsion
Explanation: Restitution aims, where possible, to re-establish the situation that existed before the wrongful act occurred.
Correct answer: Restitution191. Which of the following is not a traditional criterion of statehood under the Montevideo Convention?
- A. A permanent population
- B. A defined territory
- C. A permanent member of the United Nations
- D. A government capable of external relations
Explanation: The traditional criteria are a permanent population, defined territory, government, and capacity to enter relations with other states.
Correct answer: A permanent member of the United Nations- A. To create obligations accepted by its parties
- B. To bind every state in the world automatically
- C. To replace all customary international law
- D. To give courts unlimited jurisdiction
Explanation: A treaty creates legal rights and obligations for the states that consent to be bound, subject to its terms and applicable international…
Correct answer: To create obligations accepted by its parties- A. Diplomatic protection
- B. State immunity
- C. Universal jurisdiction
- D. Active nationality
Explanation: State immunity reflects the equality and sovereignty of states and generally limits one state's courts from hearing cases against another…
Correct answer: State immunity- A. Territorial jurisdiction
- B. Universal jurisdiction
- C. Nationality jurisdiction
- D. Protective jurisdiction
Explanation: Universal jurisdiction permits states to prosecute certain offences regarded as particularly serious under international law, including…
Correct answer: Universal jurisdiction- A. Treaties must be performed in good faith
- B. Treaties must be approved by every state
- C. Treaties cannot ever be terminated
- D. Treaties apply only during armed conflict
Explanation: Pacta sunt servanda means that treaties in force are binding on their parties and must be performed in good faith.
Correct answer: Treaties must be performed in good faith- A. Consent by the affected state
- B. Economic competition between states
- C. A change in national government
- D. A disagreement over treaty meaning
Explanation: Valid consent by an affected state can preclude the wrongfulness of conduct within the limits of that consent.
Correct answer: Consent by the affected state- A. Personal immunity
- B. Territorial sovereignty
- C. Universal jurisdiction
- D. The nationality principle
Explanation: Diplomatic agents generally enjoy personal immunity from the criminal jurisdiction of the receiving state under diplomatic law.
Correct answer: Personal immunity- A. The General Assembly
- B. The Security Council
- C. The Economic and Social Council
- D. The International Court of Justice
Explanation: The United Nations Charter assigns primary responsibility for maintaining international peace and security to the Security Council.
Correct answer: The Security Council- A. It may be set aside by any later treaty
- B. It permits no derogation by states
- C. It applies only to domestic criminal law
- D. It binds only states that expressly accept it
Explanation: A jus cogens norm is accepted and recognised by the international community as a norm from which no derogation is permitted.
Correct answer: It permits no derogation by states- A. Arbitration
- B. Judicial settlement
- C. Mediation
- D. Countermeasure
Explanation: Mediation involves a third party assisting negotiations and may include proposed terms, but the parties retain control over acceptance.
Correct answer: Mediation