1.) The Natural Law School, as propounded by Salmon, claims that positive law derives its standard from
A.) Consensus
B.) An objective norm that has to be followed in the interest of order in society
C.) Superior moral standards
D.) Command of the sovereign
E.) None of the above

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2.) According to Ronald Dworkin, what is indispensible in order to interpret and apply laws?
A.) legal authority
B.) introduction of moral judgments

C.) a body of judges who are capable of keeping personal value judgments out of reach of laws
D.) a robust system of courts
E.) Both (c) and (d)

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3.) Ronald Dworkin’s ‘Original Problem’, based on Riggs v. Palmer, 115 NY 506, is used to illustrate the principle that Law is not merely a system of Rules but there are also ‘principles, policies and other sort of standards’ that govern the legal system. What was the case scenario in Riggs v. Palmer?

A.) the judge trying the case was himself a witness

B.) a man sued his father who struck him in self defense when the former attempted to kill him

C.) a defamation suit was filed by a man who knew the aspersions against him were true

D.) a man sought to sell the property of the person he killed

E.) none of the above

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4.) Legal Positivism directly clashes with which theory?

A.) Normative Jurisprudence

B.) natural law theory

C.) Legal Realism

D.) Constructivist theory

E.) None of the above; they are all compatible

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5.) Who among the following scholars is not a proponent of Legal Positivism?

A.) Ronald Dworkin

B.) John Austin

C.) Joseph Raz

D.) H. L. A. Hart

E.) None of the above

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6.) What is the fundamental problem in finding an analogy of Austin’s political sovereign in India’s Constitution?

A.) Austin’s sovereign cannot be identified

B.) Austin’s political sovereign it turn, does not himself habitually obey some other person or persons

C.) Austin’s concept is radically flawed

D.) ‘We, the people’ as a political sovereign is too diffuse a body to locate sovereignty with certainty.

E.) both (b) and (d)

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7.) Since Hart asserts that there is ‘no necessary connection between law and morality’, what then, is the difference between Hart’s Inclusive Legal Positivism and Exclusive Legal Positivism?

A.) Inclusive Legal Positivism does not completely discount the possibility of interface between law and morality

B.) There’s no difference as such between the two

C.) The former rejects conventional morality while the latter rejects critical morality

D.) The former rejects critical morality while the latter rejects conventional morality

E.) Both c and d are true

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8.) The functional approach to understanding Law is best explained as:

A.) A key to morality of law

B.) an evolution of the society by social and economic circumstances

C.) Divine infallibility of the law-maker

D.) a code of conduct that man has devised

E.) None of the above

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9.) One way to grapple with the problem of conflicting claims over limited resources according to Amartya Sen would be:

A.) Adopt socialism

B.) The communist approach to distribution

C.) Ensure justice is served irrespective of means

D.) Replace ‘obsession with justice’ with an aim of reducing Injustice

E.) All of the above

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10.) Harm Principle would be:

A.) a rider on the liberty of persons can only be justified to avoid harm to a larger segment of persons

B.) a tenet that harm should be avoided at all costs

C.) that individual cannot be harmed even if it causes society to suffer harm

D.) that injustice is harmful to the society

E.) none of the above

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Answer

1.) D 2.) B 3.) D 4.) B 5.) A 6.) E 7.) A 8.) B 9.) D 10.) A