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Which statement best explains the purpose of Hart's distinction between 'being obliged' and 'having an obligation'? | jurisprudence | [
"It demonstrates the difference between the internal and the external aspect of a rule.",
"It refutes the natural lawyer' view of the role of morality in law.",
"It explains the nature of power-conferring rules.",
"It illuminates the concept of a rule."
] | 3D |
Maine's famous aphorism that 'the movement of progressive societies has hitherto been a movement from Status to Contract' is often misunderstood. In what way? | jurisprudence | [
"It is misinterpreted as a prediction.",
"His concept of status is misrepresented.",
"It is taken literally.",
"His idea is considered inapplicable to Western legal systems."
] | 0A |
Who was an exponent of “natural law with a variable content”? | jurisprudence | [
"John Rawls",
"Stammler",
"Jerome Hall",
"John Finns"
] | 1B |
What is Kant's 'categorical imperative? | jurisprudence | [
"You must not consciously harm another person.",
"You must always act in the best interests of the community.",
"You must treat human beings as means rather than ends.",
"You must act according as if your values apply to everyone."
] | 3D |
Which of the following statements is correct concerning the "reasonable person" standard in tort law? | jurisprudence | [
"The reasonable person standard varies from person to person.",
"The reasonable person standard focuses on the defendant's subjective mental state rather than on the defendant's behavior",
"A person with a physical disability must act as would a reasonable person with the same disability.",
"A person with a m... | 2C |
What is the purpose of politics, according to Aristotle? | jurisprudence | [
"To advance the interests of politicians.",
"To produce virtuous citizens and encourage righteousness in individuals.",
"To obtain power.",
"To secure justice by abolishing slavery."
] | 1B |
Which of the following statements most accurately explains Ross' comparison of social life to the game of chess? | jurisprudence | [
"Chess is a game of skill; success in life is also a matter of skill.",
"Winning a game of chess, like life, frequently depends on luck.",
"In both games of chess and social life, there is effectively a dispute or contest.",
"Social life is similar to chess because individual actions are often related to a co... | 3D |
Which statement below is the least likely to follow logically from Savigny's notion of a Volksgeist? | jurisprudence | [
"A society's law is a reflection of its culture.",
"Law is like language.",
"Law is the deliberate expression of a sovereign's will.",
"Law is an integral element of the social fabric."
] | 2C |
The ________ School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. | jurisprudence | [
"Law and Economics",
"Critical Legal Studies",
"Historical",
"Natural Law"
] | 1B |
Austin has been described as a 'naive empiricist.' Why? | jurisprudence | [
"Because he neglects the importance of morality.",
"Because his account of law is based on an anachronistic model of a legal system.",
"Because he conceives of laws in a pragmatic rather than a conceptual manner.",
"Because he overlooks the role of law in economic relations."
] | 2C |
According to Malinowski, the Trobriand Islanders organized their society around what concept? | jurisprudence | [
"Conflict.",
"Love.",
"War.",
"Reciprocity."
] | 3D |
In Justice for Hedgehogs Dworkin endorses 'Hume's principle'. What does he understand by this idea? | jurisprudence | [
"That there is no distinction between law and morality.",
"That there is a distinction between right and wrong.",
"That facts about the world or human nature cannot normally ordain what ought to be",
"That human rights are fundamentally unsound."
] | 2C |
Habermas distinguishes between 'law as medium' and 'law as institution'. Which statement below most accurately describes this distinction? | jurisprudence | [
"Law as medium' describes law as a body of formal, general rules that control the state and the economy; 'law as institution' inhabits the 'lifeworld' and expresses its shared values and norms in institutional form.",
"Law as medium' consists of the manner in which law is presented by the media; 'law as instituti... | 0A |
To claim that one has a prima facie duty to obey the law is to assert that: | jurisprudence | [
"One is under a duty to obey the law without exception, regardless of its content.",
"There is no duty to obey a law to which one hasn't agreed.",
"The duty applies only to those who are directly affected by the law in question.",
"The obligation arises independently of the precise legal provisions involved -... | 3D |
Dworkin contends that to every legal question there is only one right answer. Which proposition below is most inconsistent with this claim? | jurisprudence | [
"In hard cases judges generally decide cases on the basis of rights.",
"The rights of the parties feature in the determination of most cases before the courts.",
"Judges exercise strong discretion.",
"Judges seek the best 'fit' with constitutional and institutional history."
] | 2C |
Robert makes the following statement while negotiating the sale of his car, 'This is the sharpest car on the market.' His statement may support a claim for: | jurisprudence | [
"misrepresentation",
"fraud",
"fraud and misrepresentation",
"none of the above"
] | 3D |
Which of the following factors contributed significantly to the revival of natural law in the 20th century? | jurisprudence | [
"Depression of the 1930",
"The rise of Fascism",
"The international recognition of human rights after World War II",
"The Bolshevik Revolution"
] | 2C |
Which of the following statements best captures the nature of Fuller's 'inner morality of law'? | jurisprudence | [
"A positivist view of law.",
"A morality of aspiration.",
"An Aquinian concept of natural law.",
"A rejection of the 'harm principle'."
] | 1B |
Hart argues that secondary rules are 'power-conferring' but this seems unconvincing in the case of the rule of recognition because: | jurisprudence | [
"It both confers power and imposes duties on judges to decide cases.",
"It is not a social rule.",
"It applies only in the case of unitary constitutions.",
"It fails to specify the source of authority."
] | 0A |
Which proposition below may be characterized as the most powerful refutation by Hart of Lord Devlin's argument? | jurisprudence | [
"Society has no right to preserve its moral and social cohesion through the criminal law.",
"Homosexual acts cause public outrage.",
"The courts are the best place to resolve moral questions such as those concerning homosexuality and prostitution.",
"The law is anachronistic."
] | 0A |
Which of the following quotations best describes the central thesis of difference feminism? | jurisprudence | [
"There are fundamental differences between individual women.'",
"Men and women have different conceptions of the feminist project.'",
"Women look to context, whereas men appeal to neutral, abstract notions of justice.'",
"Men are unable to comprehend their differences from women.'"
] | 2C |
Which statement below is the least likely to follow logically from Dworkin's notion of law as integrity? | jurisprudence | [
"It is likely to generate more individual rights and greater liberty.",
"It renders a community more genuine.",
"It opens the door to authoritarianism.",
"It improves the moral justification for the exercise of political power."
] | 2C |
Which statement best describes the nature and function of Kelsen's Grundnorm? | jurisprudence | [
"The ultimate source of a legal system's morality.",
"The rule that distinguishes norms from habits of obedience.",
"The constitution of a state.",
"A presupposition that facilitates our understanding of the legal system."
] | 3D |
Which of the following criticisms of Llewellyn's distinction between the grand and formal styles of legal reasoning is the most compelling? | jurisprudence | [
"There is no distinction between the two forms of legal reasoning.",
"Judges are appointed to interpret the law, not to make it.",
"It is misleading to pigeon-hole judges in this way.",
"Judicial reasoning is always formal."
] | 2C |
Why does a Marxist account of law reject individual rights? | jurisprudence | [
"Because they are inconsistent with state control.",
"Because they are an expression of a capitalist economy and are unnecessary in a socialist society.",
"Because the concept of rights is philosophically unsound.",
"Because Marx, Engels, and Lenin failed to provide a coherent analysis of rights."
] | 1B |
Which of the following purposes does the 'internal point of view' play in Hart's concept of law? | jurisprudence | [
"It distinguishes social rules from mere group habits.",
"It defines the judicial function.",
"It illustrates the authority of the legislature.",
"It stresses the relationship between law and justice."
] | 0A |
Why does Parfit oppose equality? | jurisprudence | [
"He argues than an unequal society is inevitable.",
"He claims that by giving priority to the needs of the poor, we can increase equality.",
"He asserts that we are each responsible for our poverty.",
"He rejects the idea of equality altogether."
] | 1B |
Which proposition below is the most consistent with what Rawls claims the POP would opt for in respect of 'social primary goods'? | jurisprudence | [
"The POP will choose wealth over a compassionate society.",
"The POP will choose equality over power.",
"The POP will be unselfish.",
"The POP will choose to protect the disabled."
] | 0A |
The most fundamental of positivism's key commitments,' writes Ken Himma, 'is the Social Fact Thesis.' What does it claim? | jurisprudence | [
"That law is essentially an artefact or social construction.",
"That legal systems are unrelated to social forces.",
"That society is constantly in a state of flux.",
"That legal positivism is a social theory."
] | 0A |
How does Nozick answer the criticism of his historical entitlement theory that if the distribution of goods in society is unjust those at the bottom always lose? | jurisprudence | [
"It can be remedied by redistribution of wealth.",
"If each person's holdings are just, then the total distribution of holdings is just.",
"Historical factors are secondary to moral imperatives.",
"He has no answer."
] | 1B |
Dworkin argues that it is only a conception of equality of resources that can secure the ideal of equality of welfare. How does he suggest this aspect of equality to be measured? | jurisprudence | [
"When no-one would prefer another's bundle of resources to his or her own.",
"By reference to the ownership of private property.",
"By the amount of income tax paid by individuals.",
"When the community determines that equality has been achieved."
] | 0A |
Which statement best describes the relationship between law and morality among non-positivist legal theorists? | jurisprudence | [
"There is no relationship between law and morality.",
"Law is always in advance of moral ideas.",
"The law is inextricably bound up with morals.",
"Morality is generally in advance of the law."
] | 2C |
The philosophers of the ________ School of jurisprudence believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. | jurisprudence | [
"Command",
"Law and Economics",
"Natural Law",
"Critical Legal Studies"
] | 0A |
What does Dworkin mean by the 'semantic sting'? | jurisprudence | [
"The language of the law is generally unclear.",
"Lawyers' arguments usually concern language.",
"Judges are prey to linguistic misunderstanding.",
"The rule of recognition cannot fully account for legal validity."
] | 3D |
The ________ School believes that promoting market efficiency should be the central goal of legal decision-making. | jurisprudence | [
"Law and Economics",
"Critical Legal Studies",
"Historical",
"Natural Law"
] | 0A |
Hume's attack on natural law is founded on his argument that: | jurisprudence | [
"We cannot objectively know what is morally right or wrong.",
"Natural law is backward-looking.",
"There is no such thing as a social contract.",
"Natural law fails to protect the state against attacks."
] | 0A |
Why does Dworkin support liberal egalitarianism? | jurisprudence | [
"Because it attempts to give effect to personal choice over individual luck.",
"Because liberty is more important than equality.",
"Because a market economy is just.",
"Because the state is the best arbiter of equality between individuals."
] | 0A |
Why do the Scandinavian realists reject a metaphysical approach to law? | jurisprudence | [
"Because they regard empiricism as a more reliable method by which to understand the concept of law.",
"Because they have no interest in the operation of the legal system.",
"Because their approach is based on Bentham's sceptical account of the common law.",
"Because they prefer a natural law analysis of lega... | 0A |
Which statement below is the least consistent with the argument that judges in an unjust legal system ought to resign? | jurisprudence | [
"Judges are under a duty to act justly.",
"Since they also prop up the unjust system, lawyers should also resign.",
"If a moral judge resigns, he or she may be replaced by a less moral judge.",
"Judges do not make the law, hence they cannot be held responsible for applying unjust legislation."
] | 3D |
Posner denies the autonomy of law on two grounds. Name one of them. | jurisprudence | [
"He denies that law develops independently of social and economic forces.",
"He claims that law is economically immoral.",
"He rejects a positivist account of law.",
"He opposes any sociological analysis of the law."
] | 0A |
Which statement below is the least likely to follow logically from Austin's argument that a sanction consists of the smallest chance of incurring the smallest evil? | jurisprudence | [
"All commands include some sanction.",
"The concept of a command contains the likelihood that a sanction will follow failure to obey the command.",
"Without a sanction the mere expression of a wish is not a command.",
"A command confers power to change one's legal status."
] | 3D |
Which one of the following schools supports the view that a custom becomes law when it receives the stamp of judicial recognition by courts | jurisprudence | [
"Analytical School",
"Natural Law School",
"Historical School",
"Sociological School"
] | 0A |
The will theory of rights maintains that the enforcement of Y's duty requires the exercise of will by X. It assumes the correlativity of rights and duties. Which of the following succeeds in formulating the interest theory without this correlativity? | jurisprudence | [
"Regarding X's interest as directly related to Y's duty.",
"Accepting that conferring right means that the interest represented by that right ought to be recognized.",
"Treating an interest as the exercise of choice.",
"Asserting that X has a right whenever the protection of his interest is recognized as a re... | 1B |
Which statement is closest to characterizing the principal difference between the positions adopted by Hobbes and Locke? | jurisprudence | [
"They adopt different attitudes towards the role of the courts in maintaining order.",
"They disagree about the role of law in society.",
"They have opposing views about the nature of contractual obligations.",
"They differ in respect of their account of life before the social contract."
] | 3D |
Which of the following statements best describes the postmodernist project? | jurisprudence | [
"It attempts to demonstrate the relationship between law and literature.",
"It seeks to defend Enlightenment values.",
"It is preoccupied with the rise of bureaucratic government.",
"It rejects the Kantian concern with individual rights, equality, and justice."
] | 3D |
Which of the following best describes Lon Fuller's objective in his hypothetical case of the Speluncean Explorers? | jurisprudence | [
"To demonstrate the differences between the criminal law and the civil law as they relate to cannibalism.",
"To examine the central questions of legal and political philosophy.",
"To criticize the role of the judiciary in cases involving a conflict between law and morality.",
"To consider the extent to which ... | 1B |
Which of the following arguments against the 'fair play' argument in support of a duty to obey the law is the most persuasive? | jurisprudence | [
"Fairness is a relative term.",
"The legal system is, in fact, unfair.",
"It sets a bad example.",
"The law is irrational and ambiguous."
] | 1B |
What is the main reason why many Critical Race Theorists are hostile to concepts such as 'justice', 'neutrality', and 'truth'? | jurisprudence | [
"Because of their vagueness.",
"Because they have failed to produce racial justice.",
"Because they are unrelated to contemporary conditions.",
"Because these ideas are alien to most people of colour."
] | 1B |
On what grounds does John Finnis reject Hume's conception of practical reason? | jurisprudence | [
"That natural law corresponds to positive law.",
"That Hume is a legal positivist.",
"That syllogistic logic is false.",
"That human reason can help us to determine what constitutes a worthwhile life."
] | 3D |
How does Weber solve the 'England problem'? | jurisprudence | [
"By denying its existence.",
"By explaining the difference between the common law and civil law.",
"By distinguishing certain features of the English legal system that facilitated the development of capitalism.",
"By recognizing the importance of legitimate domination."
] | 2C |
In which of the following the idea of ‘natural law’ first appeared | jurisprudence | [
"French Revolution",
"American War of Independence",
"Roman Law",
"Greek Thinking"
] | 3D |
Which statement best describes Tom Regan's 'sentimental anthropomorphicism' in support of animals rights? | jurisprudence | [
"Animals have inherent worth which entitles them to the absolute right to live their lives with respect and autonomy.",
"The social contract includes animals and their welfare.",
"The suffering of a few animals may in principle be justified by the pleasure of or benefit to the many.",
"Cruelty to animals is a... | 0A |
Hart dismissed American realism as 'the claim that talk of rules is a myth, cloaking the truth that law consists simply of the decisions of courts and predictions of them.' What is the strongest reason for regarding this remark as unfair? | jurisprudence | [
"Because American realism was not concerned with the predictions of what courts will do but more interested in the rights and duties of parties involved in litigation.",
"Because American realists were preoccupied with the concept of justice and its application in American courts.",
"Because the American realis... | 2C |
‘Law consists of set of principles or body of rules recognized and applied by the State in the administration of justice’. The statement is made by : | jurisprudence | [
"Austin",
"Salmond",
"Holland",
"Gray"
] | 1B |
Why does the 'capability' approach to justice reject Rawls' theory? | jurisprudence | [
"Because it fails to address the actual capabilities people have to benefit from his theory of justice.",
"Because it ignores the duties of individuals.",
"Because it applies only to democratic societies.",
"Because it overlooks the importance of the courts."
] | 0A |
Which of the following apparent correlatives contradicts Hohfeld's scheme of 'jural relations'? | jurisprudence | [
"Right and duty.",
"Privilege and no-right.",
"Power and liability.",
"Immunity and disability."
] | 2C |
Why is it important to separate the concept of punishment from its justification? | jurisprudence | [
"Because its justification depends on the concept employed.",
"Because any definition of punishment should be value-neutral.",
"Because the concept of punishment is controversial.",
"Because the practice of punishment is separate from its justification."
] | 1B |
According to Hobbes, peace is the first law of nature because of which of the following situations? | jurisprudence | [
"Without peace everyone has a right to everything - including another's life.",
"Peace is possible only after war.",
"Law cannot achieve peace.",
"The social contract cannot be entered into unless there is peace."
] | 0A |
The United States Supreme Court's decision in Roe v Wade is highly controversial because: | jurisprudence | [
"It failed to consider the rights of fathers.",
"It overlooked the common law relating to abortion.",
"The majority held that the abortion law of Texas was unconstitutional because it violated a woman's right to privacy.",
"The court failed to consider the medical evidence."
] | 2C |
Hart’s analysis of law distinguishes between | jurisprudence | [
"Cause and effect",
"Theory and fact",
"Being obliged and having an obligation",
"Corporeal and incorporeal rights"
] | 2C |
Which of the factors below contributed significantly to the revival of natural law in the 20th century? | jurisprudence | [
"The Depression of the 1930s.",
"The rise of Fascism.",
"The international recognition of human rights after WWII.",
"The Bolshevik revolution."
] | 2C |
American realists argued that formalism devalued the authority of the judge to make law, because: | jurisprudence | [
"Judicial decisions are less important than legislation.",
"Formalism treats legal reasoning as syllogistic reasoning.",
"Judges generally base their decisions on formal logic.",
"The structure of legal reasoning is flawed."
] | 1B |
Which of the following most accurately describes Hart's response to Fuller's argument concerning the invalidity of Nazi law? | jurisprudence | [
"The Nazi law in question was validly enacted.",
"The court misunderstood the legislation.",
"Fuller misconstrued the purpose of the law.",
"The Nazi rule of recognition was unclear."
] | 0A |
Which of the following is the strongest argument against ethical relativism's hostility to human rights? | jurisprudence | [
"Utilitarianism",
"Communitarianism.",
"Cognitivism.",
"Positivism."
] | 2C |
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