Nature and Purpose of Law # MCQs Practice set

Q.1 What is the primary purpose of law in society?

To create wealth
To maintain order
To promote war
To eliminate culture
Explanation - Law provides rules and structures that regulate behavior and maintain peace within a society.
Correct answer is: To maintain order

Q.2 Which of the following best defines 'law'?

A system of random rules
Commands issued by individuals
Rules created and enforced by a governing authority
Opinions of citizens
Explanation - Law is a system of rules created and enforced by governmental or legal institutions to regulate behavior.
Correct answer is: Rules created and enforced by a governing authority

Q.3 Which philosopher is most associated with 'natural law theory'?

John Austin
Thomas Aquinas
Jeremy Bentham
Hans Kelsen
Explanation - Thomas Aquinas is known for natural law theory, which links law to morality and human reason.
Correct answer is: Thomas Aquinas

Q.4 What is the 'rule of law' principle?

Law applies only to citizens, not leaders
Everyone, including the government, is subject to the law
Only judges must follow the law
Law is optional depending on morality
Explanation - The rule of law means that no one is above the law, ensuring fairness and equality.
Correct answer is: Everyone, including the government, is subject to the law

Q.5 What distinguishes law from morality?

Law is enforced by authority, morality is not
Morality is written, law is not
Morality has punishments, law does not
Law is based only on religion
Explanation - While morality influences law, laws are enforced by courts and institutions, unlike moral rules.
Correct answer is: Law is enforced by authority, morality is not

Q.6 Which legal theory emphasizes 'law as command of the sovereign'?

Natural law theory
Positivism
Realism
Sociological theory
Explanation - Legal positivists like John Austin viewed law as a command issued by the sovereign, backed by sanctions.
Correct answer is: Positivism

Q.7 Which of the following is a function of law?

Creating inequality
Settling disputes
Destroying institutions
Encouraging anarchy
Explanation - Law functions to resolve conflicts and maintain harmony in society.
Correct answer is: Settling disputes

Q.8 The phrase 'lex iniusta non est lex' means:

An unjust law is no law at all
All laws must be enforced
Law and morality are separate
Laws are optional
Explanation - This phrase reflects natural law thinking, asserting that unjust laws lack true legitimacy.
Correct answer is: An unjust law is no law at all

Q.9 Which branch of law governs relationships between individuals?

Criminal law
Civil law
Constitutional law
Administrative law
Explanation - Civil law regulates private relationships between individuals, such as contracts or property disputes.
Correct answer is: Civil law

Q.10 Which type of law defines crimes and punishments?

Civil law
Criminal law
Constitutional law
Customary law
Explanation - Criminal law specifies what acts are crimes and the penalties for them.
Correct answer is: Criminal law

Q.11 The separation of law and morality is most strongly argued by:

Natural law theorists
Legal positivists
Legal realists
Sociological theorists
Explanation - Positivists argue law and morality are separate concepts, unlike natural law theorists.
Correct answer is: Legal positivists

Q.12 The main aim of jurisprudence is to:

Collect taxes
Study legal principles and theories
Create new constitutions
Punish criminals
Explanation - Jurisprudence involves the study of the philosophy and theory of law.
Correct answer is: Study legal principles and theories

Q.13 Which is considered the 'supreme law of the land' in most countries?

Statutes
Customs
Constitution
Judicial precedents
Explanation - The constitution is the fundamental law that outlines government powers and citizens’ rights.
Correct answer is: Constitution

Q.14 Which of the following is an example of customary law?

Traffic regulations
Traditional village practices
Parliamentary statutes
Judicial rulings
Explanation - Customary law arises from long-established traditions and community practices.
Correct answer is: Traditional village practices

Q.15 Who is known as the 'father of legal positivism'?

Thomas Hobbes
Hans Kelsen
John Austin
Jeremy Bentham
Explanation - John Austin developed the command theory of law, central to legal positivism.
Correct answer is: John Austin

Q.16 What does 'jurisdiction' refer to?

The fairness of a law
The power of a court to hear a case
The morality of legal rules
The enforcement of contracts
Explanation - Jurisdiction means the legal authority given to a court to decide matters.
Correct answer is: The power of a court to hear a case

Q.17 What is meant by 'legal rights'?

Privileges enforced by law
Moral guidelines
Optional practices
Religious duties
Explanation - Legal rights are interests or privileges recognized and protected by law.
Correct answer is: Privileges enforced by law

Q.18 Hans Kelsen is best known for which theory?

Natural law theory
Pure theory of law
Sociological theory
Utilitarianism
Explanation - Kelsen’s pure theory separates law from politics, sociology, and morality.
Correct answer is: Pure theory of law

Q.19 What is the role of sanctions in law?

They are optional guidelines
They provide moral approval
They ensure compliance with laws
They replace laws
Explanation - Sanctions enforce legal obedience by attaching consequences to violations.
Correct answer is: They ensure compliance with laws

Q.20 In the context of law, 'equity' refers to:

Strict legal codes
Fairness and justice
Criminal punishments
Economic equality
Explanation - Equity supplements law by focusing on fairness when rigid legal rules cause injustice.
Correct answer is: Fairness and justice

Q.21 Which branch of law deals with the relationship between individuals and the state?

Private law
Public law
Civil law
Customary law
Explanation - Public law regulates matters between individuals and the government, such as constitutional or administrative law.
Correct answer is: Public law

Q.22 Why is law considered dynamic?

Because it never changes
Because it adapts to societal needs
Because it is arbitrary
Because it has no authority
Explanation - Law evolves with society, changing values, and technological advancements.
Correct answer is: Because it adapts to societal needs

Q.23 Which philosopher defined law as 'a rule of civil conduct prescribed by the supreme power in a state'?

Roscoe Pound
John Austin
Thomas Aquinas
Hans Kelsen
Explanation - Austin defined law as commands of the sovereign backed by sanctions.
Correct answer is: John Austin

Q.24 What is the primary distinction between public and private law?

Public law is optional, private law is not
Public law governs state-citizen relations, private law governs individual relations
Private law is criminal, public law is civil
Public law is moral, private law is not
Explanation - Public law deals with government authority, while private law regulates individual disputes.
Correct answer is: Public law governs state-citizen relations, private law governs individual relations

Q.25 Which of the following is an essential characteristic of law?

It is optional
It is enforceable
It is always moral
It is subjective
Explanation - One of law’s essential features is enforceability by authority.
Correct answer is: It is enforceable