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Juris Test 2

Total questions: 120

Worksheet time: 3600secs

Name
Class
Date
1.

Obligation implies

a)

Moral duty only

b)

Legal bond enforceable by law

c)

Social expectation

d)

Personal belief

2.

Obligation necessarily involves

a)

Right and power

b)

Duty and sanction

c)

Right and duty

d)

Power and liability

3.

The expression Vinculum Juris means

a)

Moral duty

b)

Legal punishment

c)

Bond of necessity

d)

Judicial discretion

4.

According to Salmond, liability is

a)

A moral obligation

b)

A bond between parties

c)

The bond of necessity between wrongdoer and remedy

d)

Legal punishment only

5.

Who defined liability as the condition of a person having a duty whether primary or sanctioning?

a)

Salmond

b)

Austin

c)

Markby

d)

Holland

6.

Austin preferred the term ________ instead of liability

a)

Responsibility

b)

Accountability

c)

Imputability

d)

Sanction

7.

According to Austin, acts and their consequences are ________ to the persons who committed them

a)

Punishable

b)

Imputable

c)

Compensable

d)

Sanctionable

8.

Liability mainly arises from

a)

Moral wrong

b)

Breach of duty

c)

Social injury

d)

Custom

9.

Civil liability primarily aims at

a)

Punishing the offender

b)

Preventing crime

c)

Enforcing rights claimed by plaintiff

d)

Deterring wrongdoing

10.

Criminal liability is based on which maxim

a)

Ubi jus ibi remedium

b)

Actus non facit reum nisi mens sit rea

c)

Res ipsa loquitur

d)

Nemo dat quod non habet

11.

Which element is essential for criminal liability under the general rule

a)

Damage

b)

Compensation

c)

Mens rea

d)

Negligence

12.

Penal liability is mainly concerned with

a)

Enforcement of rights

b)

Compensation

c)

Punishment of wrong

d)

Prevention of disputes

13.

Which of the following is not a form of punishment under penal liability

a)

Deterrent

b)

Preventive

c)

Reformative

d)

Compensatory

14.

Remedial liability is based on which maxim

a)

Actus non facit reum

b)

Ubi jus ibi remedium

c)

Res nullius

d)

Caveat emptor

15.

Which of the following is not an exception to remedial liability

a)

Imperfect obligation

b)

Unenforceable duty

c)

Impossibility of performance by law

d)

Mens rea

16.

Vicarious liability means

a)

Liability based on intention

b)

Liability incurred for another

c)

Liability without fault

d)

Liability based on negligence

17.

Absolute or strict liability arises when

a)

Mens rea is proved

b)

Negligence is established

c)

Liability exists irrespective of intention or negligence

d)

Punishment is mild

18.

Absolute liability applies in

a)

Civil law only

b)

Criminal law only

c)

Both civil and criminal law

d)

Constitutional law only

19.

Which liability exists without mens rea

a)

Criminal liability

b)

Civil liability

c)

Strict liability

d)

Penal liability

20.

Fault theory requires

a)

Damage only

b)

Mens rea or negligence

c)

Strict proof

d)

Absolute act

21.

Absolute liability differs from strict liability because

a)

Mens rea is essential

b)

Defences are allowed

c)

No exceptions permitted

d)

It applies only to crime

22.

Retributive theory is based on

a)

Reform

b)

Deterrence

c)

Revenge

d)

Rehabilitation

23.

Deterrent theory aims at

a)

Reforming offender

b)

Social revenge

c)

Preventing crime

d)

Moral purification

24.

Expiatory theory emphasizes

a)

Fear

b)

Repentance

c)

Reform

d)

Retribution

25.

Reformative theory focuses on

a)

Punishment

b)

Social defence

c)

Criminal reformation

d)

Compensation

26.

Rehabilitative theory stresses

a)

Isolation

b)

Capital punishment

c)

Social reintegration

d)

Deterrence

27.

Capital punishment is constitutionally valid under

a)

Article 14

b)

Article 19

c)

Article 21

d)

Article 32

28.

"Rarest of rare" doctrine was laid down in

a)

Maneka Gandhi case

b)

Bachan Singh case

c)

Machhi Singh case

d)

Kehar Singh case

29.

Guidelines for rarest of rare cases were given in

a)

Bachan Singh

b)

Machhi Singh

c)

Rajendra Prasad

d)

Kehar Singh

30.

Which punishment theory is most accepted today

a)

Retributive

b)

Deterrent

c)

Reformative

d)

Expiatory

31.

Interpretation of statute primarily aims to

a)

Amend the law

b)

Discover legislative intent

c)

Enforce morality

d)

Fill gaps in law

32.

Construction differs from interpretation because construction

a)

Explains words

b)

Uses grammar

c)

Goes beyond literal meaning

d)

Applies dictionary meaning

33.

Which rule gives words their ordinary grammatical meaning

a)

Mischief Rule

b)

Golden Rule

c)

Literal Rule

d)

Purposive Rule

34.

Literal rule is applied when statutory language is

a)

Ambiguous

b)

Unclear

c)

Clear and unambiguous

d)

Inconsistent

35.

The Golden Rule is a modification of

a)

Mischief Rule

b)

Purposive Rule

c)

Literal Rule

d)

Equity Rule

36.

Golden Rule allows deviation from literal meaning to avoid

a)

Delay

b)

Absurdity

c)

Harshness only

d)

Inefficiency

37.

Mischief Rule originated from

a)

Smith v Hughes

b)

Grey v Pearson

c)

Heydon’s Case

d)

Donoghue v Stevenson

38.

Mischief Rule focuses on

a)

Grammar

b)

Legislative intention

c)

Social evil to be remedied

d)

Dictionary meaning

39.

Which rule is also called purposive interpretation

a)

Literal Rule

b)

Golden Rule

c)

Mischief Rule

d)

Ejusdem Generis

40.

Which is an internal aid of interpretation

a)

Dictionary

b)

Preamble

c)

Law Commission Report

d)

Parliamentary debates

41.

External aids include

a)

Headings

b)

Marginal notes

c)

Legislative history

d)

Definition clause

42.

Interpretation deals with

a)

What law should be

b)

What law is

c)

Justice alone

d)

Morality

43.

Construction is mainly applied when

a)

Words are clear

b)

Law is complete

c)

Ambiguity exists

d)

Statute is repealed

44.

The primary duty of the court in interpretation is to

a)

Modify law

b)

Enforce equity

c)

Give effect to legislative intent

d)

Apply precedent only

45.

Which rule suppresses mischief and advances remedy

a)

Literal

b)

Golden

c)

Mischief

d)

Rule of lenity

46.

Hobbes described state of nature as

a)

Peaceful

b)

Golden age

c)

Chaotic

d)

Ideal

47.

Locke believed natural rights include

a)

Life, liberty, property

b)

Power, wealth, status

c)

Duty, morality, law

d)

Custom, usage, tradition

48.

Rousseau introduced

a)

Command theory

b)

General will

c)

Grundnorm

d)

Living law

49.

Kant is known for

a)

Social solidarity

b)

Categorical imperative

c)

Social engineering

d)

Legal fiction

50.

Stammler defined law as

a)

Fixed content

b)

Variable content

c)

Custom

d)

Command

51.

Fuller spoke about

a)

Inner morality of law

b)

Command theory

c)

Living law

d)

Social solidarity

52.

Morality of duty relates to

a)

Ideal life

b)

Aspirations

c)

Basic social living

d)

Religion

53.

Natural law applies to

a)

One country

b)

One religion

c)

All mankind

d)

Judges only

54.

Law is a social phenomenon means

a)

Law is moral

b)

Law affects society

c)

Law is divine

d)

Law is custom

55.

Sociological School focuses on

a)

Origin of law

b)

Functioning of law

c)

Morality of law

d)

Sanction of law

56.

Law balances

a)

Morality and religion

b)

Individual and social interests

c)

Judges and lawyers

d)

State and church

57.

Sociology term was first used by

a)

Spencer

b)

Comte

c)

Marx

d)

Durkheim

58.

Society is compared to an organism by

a)

Comte

b)

Spencer

c)

Pound

d)

Duguit

59.

Ehrlich gave the theory of

a)

Living law

b)

Command law

c)

Natural law

d)

Codified law

60.

Realist School emphasizes

a)

Law in action

b)

Law in books

c)

Codified law

d)

Natural law

61.

Ihering is associated with

a)

Command theory

b)

Interest theory

c)

Living law

d)

Pure law

62.

Social utilitarianism gives priority to

a)

Individual interest

b)

Social interest

c)

State interest

d)

Judicial interest

63.

Duguit propounded

a)

Social engineering

b)

Social solidarity

c)

Command theory

d)

Pure law

64.

Social solidarity means

a)

Independence

b)

Interdependence

c)

Isolation

d)

Competition

65.

Pound described law as

a)

Command

b)

Social engineering

c)

Moral code

d)

Divine rule

66.

Law is a means of

a)

Social control

b)

Religious control

c)

Economic control

d)

Political control

67.

Jural postulates were given by

a)

Savigny

b)

Pound

c)

Austin

d)

Kelsen

68.

Private interest relates to

a)

State

b)

Society

c)

Individual

d)

Court

69.

Public interest relates to

a)

Family

b)

Individual

c)

State

d)

Religion

70.

Social interest relates to

a)

Entire society

b)

Judge

c)

Legislature

d)

Executive

71.

Law should satisfy maximum wants with

a)

Maximum force

b)

Minimum friction

c)

Maximum cost

d)

Moral force

72.

Marx viewed law as

a)

Moral system

b)

Neutral system

c)

Instrument of ruling class

d)

Divine command

73.

Sociological School links law with

a)

Society

b)

Nature

c)

God

d)

Sovereign

74.

Realist School is a branch of

a)

Natural School

b)

Historical School

c)

Sociological School

d)

Philosophical School

75.

Realist School focuses on

a)

Law books

b)

Judges’ behaviour

c)

Customs

d)

Morality

76.

Realists believe law is

a)

What legislature says

b)

What judges do

c)

What morality demands

d)

What custom follows

77.

Karl Llewellyn stressed on

a)

Precedents

b)

Behaviour of judges

c)

Codification

d)

Natural rights

78.

Jerome Frank emphasized

a)

Judges discover law

b)

Judges make law

c)

Law is custom

d)

Law is moral

79.

Gray believed

a)

Judges discover law

b)

Judges alone make law

c)

Law is divine

d)

Law is moral

80.

Cardozo supported

a)

No precedent

b)

Absolute discretion

c)

Adherence to precedent

d)

Moral reasoning

81.

Oliver Holmes said law is

a)

Logic

b)

Experience

c)

Command

d)

Religion

82.

Realist School rejects

a)

Practical study

b)

Case law

c)

Mechanical application of rules

d)

Court decisions

83.

Law prediction depends on

a)

Statutes

b)

Morality

c)

Judge’s personality

d)

Religion

84.

Realists shift focus from

a)

Courts to society

b)

Precedent to behaviour

c)

Law to morality

d)

Custom to legislation

85.

Judges’ background influences

a)

Morality

b)

Law making

c)

Legislation

d)

Custom

86.

Court decisions are central to

a)

Analytical School

b)

Realist School

c)

Historical School

d)

Natural School

87.

Realism developed mainly in

a)

England

b)

USA

c)

France

d)

India

88.

Realists study

a)

Customs

b)

Statutes

c)

Judicial process

d)

Morality

89.

Realist School treats law as

a)

Static

b)

Dynamic

c)

Divine

d)

Customary

90.

Realist School gives importance to

a)

Theory

b)

Practice

c)

Philosophy

d)

Ethics

91.

Interpretation deals with

a)

What law should be

b)

What law is

c)

Justice alone

d)

Morality

92.

Construction is applied when

a)

Words are clear

b)

Meaning is plain

c)

Ambiguity exists

d)

Statute is repealed

93.

Literal rule gives preference to

a)

Purpose

b)

Equity

c)

Ordinary meaning

d)

Justice

94.

Golden Rule avoids

a)

Ambiguity

b)

Absurd results

c)

Harsh interpretation

d)

Delay

95.

Mischief Rule was laid down in

a)

Smith v Hughes

b)

Grey v Pearson

c)

Heydon’s Case

d)

Donoghue v Stevenson

96.

Mischief Rule considers

a)

Grammatical meaning

b)

Legislative history

c)

Defect in old law

d)

Dictionary meaning

97.

Purposive interpretation aims to

a)

Apply grammar

b)

Find literal meaning

c)

Achieve object of statute

d)

Avoid delay

98.

Preamble is an example of

a)

External aid

b)

Internal aid

c)

Judicial aid

d)

Historical aid

99.

Parliamentary debates are

a)

Internal aid

b)

External aid

c)

Binding aid

d)

Primary aid

100.

Interpretation should not

a)

Modify law

b)

Discover intent

c)

Apply rules

d)

Read statute as whole

101.

Liability without intention is known as

a)

Penal liability

b)

Moral liability

c)

Strict liability

d)

Vicarious liability

102.

Vicarious liability is based on

a)

Fault

b)

Negligence

c)

Relationship

d)

Intention

103.

Penal liability mainly aims at

a)

Compensation

b)

Prevention

c)

Punishment

d)

Restitution

104.

Civil liability results in

a)

Fine

b)

Imprisonment

c)

Compensation

d)

Detention

105.

Retributive theory believes punishment is

a)

Means to reform

b)

Social necessity

c)

Revenge for wrong

d)

Deterrent only

106.

Deterrent theory works on

a)

Fear

b)

Sympathy

c)

Morality

d)

Reform

107.

Expiatory theory focuses on

a)

Repentance

b)

Revenge

c)

Fear

d)

Compensation

108.

Reformative theory treats criminals as

a)

Enemies

b)

Moral agents

c)

Patients

d)

Threats

109.

Rehabilitative theory aims at

a)

Isolation

b)

Elimination

c)

Social re-integration

d)

Capital punishment

110.

Capital punishment is imposed only in

a)

All murder cases

b)

Heinous crimes

c)

Rarest of rare cases

d)

Political offences

111.

Bachan Singh case upheld

a)

Mandatory death penalty

b)

Abolition of death penalty

c)

Constitutionality of death penalty

d)

Judicial discretion abolished

112.

Machhi Singh case provided

a)

Abolition guidelines

b)

Rare cases list

c)

Sentencing guidelines

d)

Mandatory punishment

113.

Obligation arises from

a)

Contract and tort

b)

Morality alone

c)

Custom only

d)

Religion

114.

Moral obligation differs from legal obligation because

a)

It is enforceable

b)

It lacks sanction

c)

It is compulsory

d)

It is judicial

115.

Liability enforces

a)

Rights

b)

Duties

c)

Powers

d)

Privileges

116.

Absolute liability has no

a)

Punishment

b)

Defence

c)

Damage

d)

Remedy

117.

Strict liability allows

a)

No exceptions

b)

Limited defences

c)

Complete immunity

d)

Judicial discretion

118.

Fault theory is criticized for

a)

Being unjust

b)

Ignoring victims

c)

Being outdated

d)

Being rigid

119.

Modern criminal jurisprudence prefers

a)

Retribution

b)

Revenge

c)

Reform

d)

Fear

120.

Ultimate aim of punishment is

a)

Revenge

b)

Social defence and justice

c)

Pain

d)

Deterrence alone

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