Your Answer : (Not Answered)

Correct Answer : A

The doctrine is associated with corporate personality.

Since Salomon v. Salomon & Co. (1897), a company is a legal person distinct from its members, and that separate personality acts as a 'veil' between the company and those behind it. In exceptional cases, such as fraud, evasion of tax or legal obligations, or where the company is a mere sham, courts lift or pierce this veil and look at the persons actually controlling it.

The doctrine is thus an exception to the principle of separate corporate personality. It is not a rule about corporate management, finance or social responsibility.

Your Answer : (Not Answered)

Correct Answer : B

The will theory was notably propagated by Hart.

The will (or choice) theory says a right is a protected choice: the right-holder has control over another's duty and may enforce or waive it. Kant and Savigny held this view, and in modern jurisprudence it is chiefly associated with H. L. A. Hart.

Bentham, Jhering and Raz are the leading names of the rival interest theory, which says a right protects an interest of the right-holder. Jhering called rights 'legally protected interests', and Raz defines a right by an interest sufficient to hold another under a duty.

Your Answer : (Not Answered)

Correct Answer : A

The Enforcement of Morals is by Lord Devlin.

Patrick Devlin delivered his Maccabaean Lecture in 1959, arguing that society may use the criminal law to protect its shared morality, and published it with related essays as The Enforcement of Morals (1965). The lecture was a response to the Wolfenden Report's recommendation to decriminalise private homosexual acts.

H. L. A. Hart answered Devlin in Law, Liberty and Morality (1963), giving rise to the famous Hart-Devlin debate. Lon Fuller wrote The Morality of Law, and Lord Lloyd is known for his Introduction to Jurisprudence.

Your Answer : (Not Answered)

Correct Answer : C

It is Kant's categorical imperative.

Kant's first formulation of the categorical imperative is to act only on that maxim which you can at the same time will to become a universal law. It is 'categorical' because it binds unconditionally, whatever one's desires, unlike a hypothetical imperative of the form 'if you want X, do Y'.

Solidarity is Duguit's idea of social interdependence, the common good is the aim of Aquinas's natural law and later Catholic social thought, and 'principle of social action' is not a Kantian term.

Your Answer : (Not Answered)

Correct Answer : D

According to natural law theories, morality is the source of law.

Natural law theories, from the Stoics through Aquinas to modern writers such as Lon Fuller and John Finnis, hold that there is a higher law of reason or morality by which human law is judged. Positive law derives its authority from conformity with those moral principles; an unjust law, in the classical phrase, is no true law.

Legislation is the source of law for the positivists, such as Austin. Precedent is a source emphasised in common law systems and by the realists, and custom is the source stressed by the historical school of Savigny.

Your Answer : (Not Answered)

Correct Answer : B

According to Hart, laws are rules.

Hart rejected Austin's view of law as commands backed by threats, pointing out that it cannot explain power-conferring laws or the continuity of law. He described law as a system of rules: primary rules that impose duties, and secondary rules (of recognition, change and adjudication) about the primary rules.

'Commands' is Austin's account and 'norms' is Kelsen's vocabulary (a hierarchy of norms resting on the Grundnorm), so neither is Hart's answer, and 'None of the above' is wrong because 'rules' is listed.

Your Answer : (Not Answered)

Correct Answer : D

The answer is All of the above.

In Natural Law and Natural Rights (1980), John Finnis lists seven basic goods: life, knowledge, play, aesthetic experience, sociability (friendship), practical reasonableness and religion. He holds that they are self-evident, grasped as good without being derived from other premises, and objective, good for every person whether or not someone happens to desire them.

Each of the first three options states one true feature of Finnis's basic goods, so the option combining them is the complete answer.

Your Answer : (Not Answered)

Correct Answer : B

'The Concept of Law' (1961) is by H. L. A. Hart.

In it Hart criticised the command theory and described a legal system as the union of primary rules of obligation and secondary rules of recognition, change and adjudication.

John Austin wrote The Province of Jurisprudence Determined, the classic statement of the command theory. Hans Kelsen wrote the Pure Theory of Law, built on the Grundnorm. Roscoe Pound is known for sociological jurisprudence and 'social engineering', set out in works such as An Introduction to the Philosophy of Law.

Your Answer : (Not Answered)

Correct Answer : D

The answer is All the above.

R. W. M. Dias points out that the phrase 'ratio decidendi' is used in more than one sense. It may mean the reason for the decision; the rule of law put forward by the judge as the basis of the decision; or the rule of law which later courts regard as the binding authority of the case.

Because Dias treats all three as recognised meanings of the term, choosing any single one of them leaves out the others; the composite option is the keyed answer.

Your Answer : (Not Answered)

Correct Answer : C

The doctrine was adopted in the Golak Nath case.

In I. C. Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend fundamental rights, overruling earlier decisions. To avoid unsettling the land reforms already made under the earlier view, Chief Justice Subba Rao applied the American doctrine of prospective overruling: the new law would apply only to future cases, leaving past amendments valid.

Kesavananda Bharati (1973) overruled Golak Nath and laid down the basic structure doctrine. A. K. Gopalan (1950) and Maneka Gandhi (1978) concern Article 21 and personal liberty, not prospective overruling.

Your Answer : (Not Answered)

Correct Answer : A

The rule means The meaning of a word is to be judged by the company it keeps.

Noscitur a sociis (printed 'Nocsitur' in the paper) holds that where a word of doubtful meaning is grouped with other words, it takes its colour from them: a word in a list is read in the sense common to its companions.

Reconciling the specific and the general is closer to the ejusdem generis rule and to the maxim that the special provision prevails over the general. 'No word in a statute is superfluous' is the presumption against surplusage, a separate rule.

Your Answer : (Not Answered)

Correct Answer : A

The rule in Heydon's case is also known as Purposive construction.

Heydon's case (1584) laid down the mischief rule: the court asks what the law was before the Act, what mischief it did not provide for, what remedy Parliament chose and the true reason for it, and then interprets the Act to suppress the mischief and advance the remedy. Reading a statute in light of its purpose is purposive construction.

Literal construction gives words their plain meaning whatever the result, harmonious construction reconciles provisions that seem to conflict, and casus omissus is a case the statute has omitted, which courts generally may not supply.

Your Answer : (Not Answered)

Correct Answer : C

The key treats marginal notes appended to a section as not an internal aid.

The long title, the preamble and the illustrations are all enacted parts of a statute, and courts regularly read them to resolve ambiguity. Illustrations in particular, as in the Indian Penal Code and the Evidence Act, are valuable guides to the meaning of a section.

Marginal notes stand on a weaker footing. The traditional rule, followed in many Supreme Court decisions, is that marginal notes are inserted by the draftsman and are not part of the statute, so they cannot control the plain meaning of the enacting words; at most they may be glanced at to see the drift of a section. That is why the paper singles them out.

Your Answer : (Not Answered)

Correct Answer : C

A Theory of Justice (1971) was written by the American political philosopher John Rawls, who argues for justice as fairness, built on the original position and the veil of ignorance and on two principles of justice.

Aristotle wrote on justice in the Nicomachean Ethics and the Politics, Immanuel Kant wrote on moral and legal philosophy such as the Critique of Practical Reason, and Dadabhai Naoroji was an Indian nationalist known for the drain of wealth theory. None of them wrote this book.

Your Answer : (Not Answered)

Correct Answer : C

Both pairs are correct, so the answer is both A and B. John Chipman Gray defined jurisprudence as the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules, and John Salmond defined it as the science of the first principles of the civil law.

The options saying only A, only B or none of these are wrong, since each definition is attributed to the right jurist.

Your Answer : (Not Answered)

Correct Answer : A

The term jurisprudence is derived from the Latin word jurisprudentia, formed from juris, meaning law, and prudentia, meaning knowledge or skill.

French is the language of an intermediate form, since English borrowed many legal terms through French, but the origin is Latin. English is the language in which it is now used, and Russian has no connection with the term.

Your Answer : (Not Answered)

Correct Answer : D

Neither conclusion follows. The statements talk about the meaning of jurisprudence in the widest and narrower senses and Ulpian's definition. Conclusion I, that John Austin divides jurisprudence into two classes, and Conclusion II, which gives John Chipman Gray's definition, introduce facts about two other jurists that the statements do not state or imply.

Each conclusion may be accurate as a matter of the history of jurisprudence, but a conclusion in this kind of question must be drawn from the statements, and these are not. The options saying that one or both follow are therefore wrong.

Your Answer : (Not Answered)

Correct Answer : D

The book The Spirit of the Common Law (1921) was written by the American jurist Roscoe Pound, the dean of Harvard Law School known for his theory of law as social engineering.

Thomas Erskine Holland wrote The Elements of Jurisprudence, John Austin wrote The Province of Jurisprudence Determined, and M. J. Sethna is an Indian author of jurisprudence texts. None of these three wrote The Spirit of the Common Law.

Your Answer : (Not Answered)

Correct Answer : A

The definition of jurisprudence as the study and systematic arrangement of the general principles of law is attributed to Keeton (G. W. Keeton).

Thomas Erskine Holland described it as the formal science of positive law, and John Austin called it the philosophy of positive law, which is a different formulation. Roscoe Pound is known for treating law as social engineering. So the quoted definition matches Keeton alone.

Your Answer : (Not Answered)

Correct Answer : A

The word jurisprudence is derived from the Latin word jurisprudentia, which combines juris (law) and prudentia (knowledge or skill), so it originally meant knowledge of law.

Juris is only the first half of the compound and means law, so it is not the word from which jurisprudence is derived. Judiciary and justice come from other Latin roots connected with judging and with what is just, and neither is the origin of the term.