1 Flashcards
(210 cards)
1
Q
Which of the following best defines Jurisprudence?
A
The philosophy and theory of law
2
Q
Who is considered the father of Analytical Jurisprudence?
A
Jeremy Bentham
3
Q
Natural Law Theory suggests that laws derive from:
A
Divine or moral principles
4
Q
Legal Positivism argues that:
A
Law is independent of moral considerations
5
Q
What is the main focus of Sociological Jurisprudence?
A
The impact of law on society
6
Q
Which legal theory emphasizes the practical function of law?
A
Legal Realism
7
Q
What is the main criticism of Natural Law Theory?
A
It relies too much on subjective morality
8
Q
Which of the following is NOT a source of law in Legal Positivism?
A
Divine commands
9
Q
True or False: Legal Realism believes that judges make decisions based purely on logic.
A
False
10
Q
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
A
Sociological
11
Q
What is the primary concern of Analytical Jurisprudence?
A
The logical structure of law and legal concepts
12
Q
Who is the leading figure in the development of Legal Positivism?
A
John Austin
13
Q
What is the ‘Command Theory of Law’ associated with?
A
John Austin’s Legal Positivism
14
Q
Which philosopher argued that ‘law is a command backed by sanctions’?
A
John Austin
15
Q
Which legal theory believes that law should reflect the will of the sovereign?
A
Legal Positivism
16
Q
What is the main argument of Natural Law Theory?
A
Law must be based on moral principles
17
Q
Who is a major proponent of Natural Law Theory?
A
Thomas Aquinas
18
Q
True or False: Sociological Jurisprudence views law as independent of social influences.
A
False
19
Q
Which theory focuses on the role of law in shaping and responding to society?
A
Sociological Jurisprudence
20
Q
What is the primary focus of Legal Realism?
A
How law is applied in real-world situations
21
Q
Which legal theory states that ‘law is what judges decide it to be’?
A
Legal Realism
22
Q
Who is a notable figure in the Legal Realism movement?
A
Oliver Wendell Holmes Jr.
23
Q
What is the difference between Substantive and Procedural Law?
A
Substantive law defines rights; procedural law governs enforcement
24
Q
What is the main function of Procedural Law?
A
To provide rules for how laws are applied and enforced
25
What is the main role of Customary Law?
To recognize traditions and customs as legally binding
26
Fill in the blank: In Legal Positivism, _______ is the ultimate source of law.
The sovereign
27
True or False: Natural Law Theory suggests that unjust laws are not true laws.
True
28
Which legal theory claims that 'law is separate from morality'?
Legal Positivism
29
What does 'Lex Talionis' mean in legal philosophy?
The law of retaliation ('eye for an eye')
30
Who introduced the concept of the 'Social Contract' in legal philosophy?
Jean-Jacques Rousseau
31
What is the main argument of the Social Contract Theory?
Laws derive from an agreement among people to form a society
32
Which legal theory is associated with the phrase 'The greatest happiness for the greatest number'?
Utilitarianism
33
Who is the primary philosopher behind Utilitarianism?
Jeremy Bentham
34
What is the concept of 'Justice as Fairness' associated with?
John Rawls
35
Who wrote 'A Theory of Justice'?
John Rawls
36
What is the primary principle of John Rawls' theory of justice?
Fair equality of opportunity and distribution of wealth
37
Fill in the blank: The _______ principle in Rawls' theory states that inequalities must benefit the least advantaged.
Difference
38
What is the role of Precedent in Common Law?
Past judicial decisions guide future rulings
39
Which legal system relies heavily on judicial precedents?
Common Law system
40
Which legal system is based on codified statutes rather than case law?
Civil Law system
41
What is the difference between Common Law and Civil Law systems?
Common Law relies on precedents; Civil Law relies on statutes
42
True or False: In Civil Law systems, judicial decisions create binding precedents.
False
43
What does 'Stare Decisis' mean?
To stand by things decided (precedent is binding)
44
Which legal system primarily uses 'Stare Decisis'?
Common Law system
45
What is the primary source of law in Islamic Law (Sharia)?
The Quran and Hadith
46
What is the main feature of Customary Law?
It is based on traditions and cultural practices
47
True or False: Customary Law is written and codified.
False
48
What is the main criticism of Legal Positivism?
It ignores moral considerations in law
49
Which philosopher argued that an unjust law is no law at all?
St. Augustine
50
What is the term for 'law created by judges through decisions'?
Case law
51
What is the main role of Equity in law?
To provide fairness in cases where strict application of law would cause injustice
52
What is the difference between Public and Private Law?
Public Law deals with government; Private Law deals with individuals
53
What does 'Jurisprudence' mean?
The study and theory of law
54
Which branch of law deals with crimes and punishments?
Criminal Law
55
What is the main focus of International Law?
Regulating relations between nations
56
Which legal principle means 'the law applies to everyone equally'?
Rule of Law
57
Who is considered the founder of the Rule of Law concept?
A.V. Dicey
58
True or False: The Rule of Law ensures that no one is above the law.
True
59
What is the main principle of the Separation of Powers?
Dividing government power among different branches
60
Which philosopher advocated for the Separation of Powers?
Montesquieu
61
Which document serves as the highest law in a country?
The Constitution
62
What is the primary purpose of Constitutional Law?
To define government structure and fundamental rights
63
What is the main function of Administrative Law?
To regulate government agencies and public administration
64
What is 'Judicial Review'?
The power of courts to declare laws unconstitutional
65
Which case established the principle of Judicial Review?
Marbury v. Madison
66
What is the purpose of Human Rights Law?
To protect individual freedoms and dignity
67
True or False: Human Rights are universal and inalienable.
True
68
Which international document outlines fundamental human rights?
The Universal Declaration of Human Rights (UDHR)
69
What is the principle of 'Legal Certainty'?
Laws must be clear and predictable
70
Which legal theory suggests that law evolves with society?
Sociological Jurisprudence
71
Which legal principle means 'no punishment without a law'?
Nullum crimen, nulla poena sine lege
72
Which legal theory believes in law's continuous change and adaptation?
Legal Realism
73
Who argued that law should be viewed as a tool for social engineering?
Roscoe Pound
74
What is the primary concern of Critical Legal Studies?
Challenging traditional legal structures and inequalities
75
76
77
Which of the following best defines Jurisprudence?
The philosophy and theory of law
78
Who is considered the father of Analytical Jurisprudence?
Jeremy Bentham
79
Natural Law Theory suggests that laws derive from:
Divine or moral principles
80
Legal Positivism argues that:
Law is independent of moral considerations
81
What is the main focus of Sociological Jurisprudence?
The impact of law on society
82
Which legal theory emphasizes the practical function of law?
Legal Realism
83
What is the main criticism of Natural Law Theory?
It relies too much on subjective morality
84
Which of the following is NOT a source of law in Legal Positivism?
Divine commands
85
True or False: Legal Realism believes that judges make decisions based purely on logic.
False
86
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
Sociological
87
What is the primary concern of Analytical Jurisprudence?
The logical structure of law and legal concepts
88
Who is the leading figure in the development of Legal Positivism?
John Austin
89
What is the 'Command Theory of Law' associated with?
John Austin's Legal Positivism
90
Which philosopher argued that 'law is a command backed by sanctions'?
John Austin
91
Which legal theory believes that law should reflect the will of the sovereign?
Legal Positivism
92
What is the main argument of Natural Law Theory?
Law must be based on moral principles
93
Who is a major proponent of Natural Law Theory?
Thomas Aquinas
94
True or False: Sociological Jurisprudence views law as independent of social influences.
False
95
Which theory focuses on the role of law in shaping and responding to society?
Sociological Jurisprudence
96
What is the primary focus of Legal Realism?
How law is applied in real-world situations
97
Which legal theory states that 'law is what judges decide it to be'?
Legal Realism
98
Who is a notable figure in the Legal Realism movement?
Oliver Wendell Holmes Jr.
99
What is the difference between Substantive and Procedural Law?
Substantive law defines rights; procedural law governs enforcement
100
What is the main function of Procedural Law?
To provide rules for how laws are applied and enforced
101
What is the main role of Customary Law?
To recognize traditions and customs as legally binding
102
Fill in the blank: In Legal Positivism, _______ is the ultimate source of law.
The sovereign
103
True or False: Natural Law Theory suggests that unjust laws are not true laws.
True
104
Which legal theory claims that 'law is separate from morality'?
Legal Positivism
105
What does 'Lex Talionis' mean in legal philosophy?
The law of retaliation ('eye for an eye')
106
Who introduced the concept of the 'Social Contract' in legal philosophy?
Jean-Jacques Rousseau
107
What is the main argument of the Social Contract Theory?
Laws derive from an agreement among people to form a society
108
Which legal theory is associated with the phrase 'The greatest happiness for the greatest number'?
Utilitarianism
109
Who is the primary philosopher behind Utilitarianism?
Jeremy Bentham
110
What is the concept of 'Justice as Fairness' associated with?
John Rawls
111
Who wrote 'A Theory of Justice'?
John Rawls
112
What is the primary principle of John Rawls' theory of justice?
Fair equality of opportunity and distribution of wealth
113
Fill in the blank: The _______ principle in Rawls' theory states that inequalities must benefit the least advantaged.
Difference
114
What is the role of Precedent in Common Law?
Past judicial decisions guide future rulings
115
Which legal system relies heavily on judicial precedents?
Common Law system
116
Which legal system is based on codified statutes rather than case law?
Civil Law system
117
What is the difference between Common Law and Civil Law systems?
Common Law relies on precedents; Civil Law relies on statutes
118
True or False: In Civil Law systems, judicial decisions create binding precedents.
False
119
What does 'Stare Decisis' mean?
To stand by things decided (precedent is binding)
120
Which legal system primarily uses 'Stare Decisis'?
Common Law system
121
What is the primary source of law in Islamic Law (Sharia)?
The Quran and Hadith
122
What is the main feature of Customary Law?
It is based on traditions and cultural practices
123
True or False: Customary Law is written and codified.
False
124
What is the main criticism of Legal Positivism?
It ignores moral considerations in law
125
Which philosopher argued that an unjust law is no law at all?
St. Augustine
126
What is the term for 'law created by judges through decisions'?
Case law
127
What is the main role of Equity in law?
To provide fairness in cases where strict application of law would cause injustice
128
What is the difference between Public and Private Law?
Public Law deals with government; Private Law deals with individuals
129
What does 'Jurisprudence' mean?
The study and theory of law
130
Which branch of law deals with crimes and punishments?
Criminal Law
131
What is the main focus of International Law?
Regulating relations between nations
132
Which legal principle means 'the law applies to everyone equally'?
Rule of Law
133
Who is considered the founder of the Rule of Law concept?
A.V. Dicey
134
True or False: The Rule of Law ensures that no one is above the law.
True
135
What is the main principle of the Separation of Powers?
Dividing government power among different branches
136
Which philosopher advocated for the Separation of Powers?
Montesquieu
137
Which document serves as the highest law in a country?
The Constitution
138
What is the primary purpose of Constitutional Law?
To define government structure and fundamental rights
139
What is the main function of Administrative Law?
To regulate government agencies and public administration
140
What is 'Judicial Review'?
The power of courts to declare laws unconstitutional
141
Which case established the principle of Judicial Review?
Marbury v. Madison
142
What is the purpose of Human Rights Law?
To protect individual freedoms and dignity
143
True or False: Human Rights are universal and inalienable.
True
144
Which international document outlines fundamental human rights?
The Universal Declaration of Human Rights (UDHR)
145
What is the principle of 'Legal Certainty'?
Laws must be clear and predictable
146
Which legal theory suggests that law evolves with society?
Sociological Jurisprudence
147
Which legal principle means 'no punishment without a law'?
Nullum crimen, nulla poena sine lege
148
Which legal theory believes in law's continuous change and adaptation?
Legal Realism
149
Who argued that law should be viewed as a tool for social engineering?
Roscoe Pound
150
What is the primary concern of Critical Legal Studies?
Challenging traditional legal structures and inequalities
151
What is the main purpose of Jurisprudence?
To study the philosophy, concepts, and principles of law
152
Who is considered the father of modern Jurisprudence?
Jeremy Bentham
153
What is the main difference between Natural Law and Legal Positivism?
Natural Law ties law to morality, while Legal Positivism sees law as separate from morality
154
Which philosopher is associated with the idea that 'law is a command issued by the sovereign'?
John Austin
155
Which legal school of thought focuses on the real-world application of laws?
Legal Realism
156
Who is a leading figure in the Historical School of Jurisprudence?
Friedrich Carl von Savigny
157
What is the main belief of the Historical School of Jurisprudence?
Law evolves from customs, traditions, and historical experiences
158
Which legal theory argues that law serves as a tool for social engineering?
Sociological Jurisprudence
159
Who developed the theory of law as a tool for social engineering?
Roscoe Pound
160
What is the meaning of 'Ratio Decidendi'?
The legal reasoning behind a judicial decision
161
What is 'Obiter Dicta' in legal decisions?
Remarks made by a judge that are not legally binding
162
What is the difference between Public and Private Law?
Public Law governs relationships between individuals and the state, while Private Law deals with disputes between individuals
163
What does 'Lex Superior' mean?
A higher law takes precedence over a lower law
164
What is 'Lex Posterior'?
A later law overrides an earlier law
165
What does 'Lex Specialis' mean in legal interpretation?
A specific law overrides a general law
166
Which philosopher is known for the 'Pure Theory of Law'?
Hans Kelsen
167
What is the Grundnorm in Kelsen’s theory?
The basic norm or fundamental rule from which all laws derive
168
What is the role of Equity in legal systems?
To ensure fairness where strict legal rules may cause injustice
169
Which legal system primarily uses Codified Laws?
Civil Law system
170
What is the doctrine of 'Separation of Powers'?
Dividing government powers among different branches to prevent abuse
171
Which document is considered the supreme law of the land?
The Constitution
172
What is the main difference between Common Law and Civil Law?
Common Law is based on precedents, while Civil Law is based on codified statutes
173
Which philosopher introduced the 'Veil of Ignorance'?
John Rawls
174
What is the purpose of the Veil of Ignorance?
To ensure fairness in the creation of laws by removing personal bias
175
What is the significance of 'Habeas Corpus'?
It protects individuals from unlawful detention
176
What does 'Nemo judex in causa sua' mean?
No one should be a judge in their own case
177
What is 'Audi alteram partem'?
The right to a fair hearing; both sides must be heard in a case
178
Which legal principle states that 'ignorance of the law is no excuse'?
Ignorantia juris non excusat
179
What does 'Fiat Justitia Ruat Caelum' mean?
Let justice be done though the heavens fall
180
What is the difference between Criminal and Civil Law?
Criminal Law deals with offenses against the state, while Civil Law handles disputes between individuals
181
What is the principle of 'Ultra Vires'?
Actions beyond the legal power of an entity are invalid
182
What is the principle of 'In Pari Delicto'?
Parties equally at fault cannot seek legal relief
183
What is the function of 'Judicial Review'?
To assess the constitutionality of laws and government actions
184
Which international body oversees Human Rights Law?
The United Nations
185
What is the primary function of a Constitution?
To define the structure of government and protect fundamental rights
186
What is 'Lex Talionis'?
The law of retaliation ('eye for an eye')
187
What does 'Jus Cogens' refer to in International Law?
Peremptory norms that cannot be violated
188
Which principle means 'No crime without law'?
Nullum crimen, nulla poena sine lege
189
Which legal principle ensures 'laws must be clear and not retroactive'?
Legal Certainty
190
Who is the main philosopher behind 'Positivism'?
Auguste Comte
191
What does 'Mens Rea' mean in Criminal Law?
Guilty mind or criminal intent
192
What is 'Actus Reus'?
The physical act of committing a crime
193
What is the difference between Felonies and Misdemeanors?
Felonies are serious crimes, while misdemeanors are less serious offenses
194
What is the main feature of Socialist Law?
State ownership of property and centralized control over laws
195
Which principle states that 'courts must follow past decisions'?
Stare Decisis
196
What does 'Pacta Sunt Servanda' mean in Contract Law?
Agreements must be kept
197
What is 'Tort Law'?
A legal framework for civil wrongs and personal injury cases
198
Which philosopher introduced the 'Greatest Happiness Principle'?
Jeremy Bentham
199
What is the main goal of Utilitarianism in law?
To maximize overall happiness and minimize harm
200
What is the purpose of Administrative Law?
To regulate government agencies and their decision-making process
201
Which of the following best defines Jurisprudence?
The philosophy and theory of law
202
Who is considered the father of Analytical Jurisprudence?
Jeremy Bentham
203
Natural Law Theory suggests that laws derive from:
Divine or moral principles
204
Legal Positivism argues that:
Law is independent of moral considerations
205
What is the main focus of Sociological Jurisprudence?
The impact of law on society
206
Which legal theory emphasizes the practical function of law?
Legal Realism
207
What is the main criticism of Natural Law Theory?
It relies too much on subjective morality
208
Which of the following is NOT a source of law in Legal Positivism?
Divine commands
209
True or False: Legal Realism believes that judges make decisions based purely on logic.
False
210
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
Sociological
