All Free Law and Constitution MCQs with Answers

• A. The systematic study of the nature and purpose of law
• B. The procedure for registering land ownership
• C. The administration of criminal investigation
• D. The calculation of court fees and penalties

Explanation: Jurisprudence is the philosophical and theoretical study of law, including its nature, sources, purpose and relationship with justice.

• A. Its conformity with religious morality
• B. Its recognition by the sovereign authority
• C. Its historical acceptance by society
• D. Its usefulness in settling social disputes

Explanation: Austin defines positive law as the command of a determinate sovereign backed by sanctions.

• A. A rule that identifies valid legal rules within a system
• B. A rule that requires judges to follow every custom
• C. A rule that converts morality into enforceable law
• D. A rule that gives the sovereign unlimited authority

Explanation: Hart's rule of recognition is a social rule used by officials to identify the valid sources and criteria of law in a legal system.

• A. The highest factual order issued by a ruler
• B. The ultimate presupposed norm supporting legal validity
• C. The moral principle shared by the whole community
• D. The customary practice followed by most citizens

Explanation: The Grundnorm is the basic presupposed norm from which the validity of lower legal norms is ultimately derived.

• A. The command of a sovereign backed by sanctions
• B. The Volksgeist or spirit of the people
• C. The balancing of economic interests by courts
• D. The separation of law from all social practices

Explanation: Savigny regarded law as an organic product of a people's history, customs and collective consciousness, expressed through the idea of…

• A. It remains legally valid because enactment alone is decisive
• B. It may lack the moral authority expected of genuine law
• C. It becomes valid only after repeated judicial enforcement
• D. It is automatically replaced by the nearest customary rule

Explanation: Natural law theory connects law with objective principles of justice and morality, so a seriously unjust enactment may be denied full…

• A. Law should balance competing interests to promote social order
• B. Law should be limited to technical rules of court procedure
• C. Law should express only the commands of the political sovereign
• D. Law should develop solely from ancient customs and traditions

Explanation: Pound's sociological jurisprudence treats law as a tool for balancing competing individual, public and social interests.

• A. A judge's personal opinion about an unrelated issue
• B. The legal principle necessary for deciding the case
• C. A statement made by a witness during the proceedings
• D. A comment that has no effect on the decision

Explanation: Ratio decidendi is the legal reasoning or principle necessary for the court's decision and may provide a binding precedent.

• A. Law is understood partly through how courts and officials actually act
• B. Law is valid only when it reflects eternal moral principles
• C. Law consists exclusively of commands issued by a sovereign
• D. Law develops independently of social and political conditions

Explanation: Legal realists emphasize the practical operation of law, especially judicial behaviour and the effects of social conditions on decisions.

• A. A legal duty imposed on another person
• B. A legal privilege held by the same person
• C. A legal disability imposed on the right-holder
• D. A legal immunity held by the opposing party

Explanation: In Hohfeld's scheme, a right in the strict sense correlates with another person's duty.

• A. A law is valid only when it produces equal results
• B. A law is valid when recognised through social or institutional facts
• C. A law is valid only when it follows religious principles
• D. A law is valid only when judges consider it morally sound

Explanation: Legal positivism separates the existence or validity of law from its moral merit.

• A. A movement from status to contract
• B. A movement from morality to sovereignty
• C. A movement from custom to legislation
• D. A movement from courts to administration

Explanation: Maine argued that societies generally moved from relationships fixed by status toward relationships based on individual agreement or…

• A. Rules found only in constitutional documents
• B. Rules enforced exclusively by criminal courts
• C. Rules actually followed in social life
• D. Rules created personally by elected officials

Explanation: Ehrlich used living law for the norms that effectively govern conduct within social groups, whether or not they appear in official…

• A. A duty
• B. A liability
• C. A power
• D. A no-right

Explanation: A Hohfeldian privilege means that the holder has no duty to refrain from the relevant conduct.

• A. The corporation and its members are treated as the same person
• B. The corporation owns property and bears liabilities in its own name
• C. The corporation cannot enter contracts without court approval
• D. The corporation's debts automatically become personal debts of directors

Explanation: Separate legal personality makes the corporation a legal person distinct from its shareholders and directors.

• A. Strict liability requires proof of intention in every case
• B. Strict liability may arise without proving negligence or intention
• C. Strict liability applies only to breaches of contract
• D. Strict liability removes every available legal defence

Explanation: Strict liability can impose responsibility even when the claimant does not prove negligence or intention.

• A. The literal approach
• B. The purposive approach
• C. The historical command approach
• D. The numerical approach

Explanation: The purposive approach interprets statutory words in light of the object and purpose of the legislation.

• A. Following relevant judicial precedents
• B. Repealing outdated legislation
• C. Separating civil and criminal courts
• D. Reviewing administrative budgets

Explanation: Stare decisis means that courts generally follow applicable principles established in earlier decisions.

• A. It corrects a private wrong between two parties
• B. It allocates benefits and burdens within society
• C. It determines whether a court has jurisdiction
• D. It enforces promises through specific performance

Explanation: Distributive justice concerns the fair allocation of resources, opportunities, benefits and burdens among members of a community.

• A. A specifically identified contractual creditor
• B. The public or persons generally
• C. Only the judge hearing the dispute
• D. A single beneficiary named in a will

Explanation: A duty in rem is owed generally, so its violation may affect the public or an indefinite class of persons.