English Jurisprudence is the study of the theory and philosophy of law as developed in England and its influence worldwide. It examines the nature, purpose, and function of law, the structure of legal systems, and concepts such as justice, rights, and duties. Understanding English Jurisprudence is essential for students of law because it forms the foundation of common law systems, which significantly influence Pakistan’s legal framework. By studying this subject, students gain insight into legal reasoning, principles, and the historical context of modern law.
Important Multiple Choice Questions MCQs
- who is considered the father of modern jurisprudence?
a) jeremy bentham
b) john austin
c) thomas hobbes
d) aristotle
answer: b) john austin - what does the term “jurisprudence” literally mean?
a) study of justice
b) knowledge of law
c) philosophy of law
d) rules of society
answer: b) knowledge of law - which jurist is associated with utilitarianism?
a) h.l.a. hart
b) jeremy bentham
c) john austin
d) roscoe pound
answer: b) jeremy bentham - what is the main focus of analytical jurisprudence?
a) moral principles of law
b) social context of law
c) logical structure of law
d) historical evolution of law
answer: c) logical structure of law - according to john austin, law is:
a) the command of the sovereign
b) based on moral values
c) an evolving social concept
d) derived from customs
answer: a) the command of the sovereign - who developed the concept of the “living law”?
a) karl marx
b) roscoe pound
c) eugen ehrlich
d) jeremy bentham
answer: c) eugen ehrlich - what does the term “natural law” refer to?
a) law derived from human-made rules
b) law based on moral and ethical principles
c) law determined by customs
d) law codified by a government
answer: b) law based on moral and ethical principles - who proposed the theory of legal positivism?
a) aristotle
b) thomas hobbes
c) john austin
d) h.l.a. hart
answer: c) john austin - what is the main principle of utilitarianism in law?
a) law should promote the greatest happiness for the greatest number
b) law should follow strict morality
c) law is based on divine commands
d) law must be derived from traditions
answer: a) law should promote the greatest happiness for the greatest number - which school of jurisprudence emphasizes the evolutionary nature of law?
a) analytical
b) historical
c) sociological
d) natural
answer: b) historical - who is associated with the theory of social engineering in law?
a) roscoe pound
b) h.l.a. hart
c) jeremy bentham
d) john austin
answer: a) roscoe pound - according to h.l.a. hart, what are primary rules?
a) rules of morality
b) rules that impose duties
c) rules that govern rules
d) rules of evidence
answer: b) rules that impose duties - what does “grundnorm” mean in hans kelsen’s pure theory of law?
a) supreme legal principle
b) social rule
c) moral command
d) sovereign authority
answer: a) supreme legal principle - which school of thought regards law as a tool for achieving social justice?
a) analytical
b) historical
c) sociological
d) natural
answer: c) sociological - what is the focus of the realist school of jurisprudence?
a) abstract legal theories
b) law in action
c) divine origins of law
d) logical interpretation of statutes
answer: b) law in action - who wrote the concept of law?
a) roscoe pound
b) john austin
c) h.l.a. hart
d) hans kelsen
answer: c) h.l.a. hart - what is the purpose of legal realism?
a) to analyze legal reasoning
b) to study how laws are applied in real life
c) to codify laws uniformly
d) to focus on the moral basis of law
answer: b) to study how laws are applied in real life - according to thomas hobbes, what is the state of nature?
a) a state of perfect peace
b) a state of equality and fairness
c) a state of war of every man against every man
d) a state of divine harmony
answer: c) a state of war of every man against every man - who introduced the concept of “volksgeist” in the study of law?
a) rudolf von jhering
b) frederick pollock
c) savigny
d) roscoe pound
answer: c) savigny - according to karl marx, law is:
a) a tool of the ruling class to maintain power
b) an instrument for achieving justice
c) a reflection of divine will
d) a neutral system of rules
answer: a) a tool of the ruling class to maintain power - What is the primary source of law in the common law system?
a) Statutes
b) Judicial precedents
c) Customary law
d) International law
Answer: b) Judicial precedent - What does “ratio decidendi” refer to in a judicial decision?
a) The factual background of the case
b) The binding principle of the decision
c) The dissenting opinion of a judge
d) The legal authority cited in the judgment
Answer: b) The binding principle of the decision - What is the term used for laws enacted by a legislative body?
a) Common law
b) Statutory law
c) Customary law
d) International law
Answer: b) Statutory law - Which of the following is an essential characteristic of customary law?
a) It must be written
b) It must be consistent and reasonable
c) It must have a legislative sanction
d) It must derive from international treaties
Answer: b) It must be consistent and reasonable - What is meant by “stare decisis” in legal systems?
a) Justice must be served
b) Precedents must be followed
c) Customary law is binding
d) International law prevails over domestic law
Answer: b) Precedents must be followed - Which document forms the basis of constitutional law in England?
a) Magna Carta
b) Bill of Rights 1689
c) The Common Law
d) None, England has no single written constitution
Answer: d) None, England has no single written constitution - What is the primary feature of statutory interpretation in English law?
a) Judges must rely on literal meaning
b) Judges must prioritize moral principles
c) Judges must consult parliamentary intent
d) Judges must defer to customary practices
Answer: a) Judges must rely on literal meaning - Which of the following is a feature of equity as a source of law?
a) It conflicts with common law
b) It supplements the common law to ensure fairness
c) It has no relevance in modern legal systems
d) It is codified in statutes
Answer: b) It supplements the common law to ensure fairness - What is meant by “obiter dicta” in a court decision?
a) Statements made by the judge that are not binding
b) The central reasoning behind the decision
c) The jury’s findings
d) The procedural rules applied in the case
Answer: a) Statements made by the judge that are not binding - Which institution is primarily responsible for law-making in the United Kingdom?
a) The Supreme Court
b) Parliament
c) The Prime Minister’s Office
d) The Monarchy
Answer: b) Parliament - What is the role of public international law as a source of law?
a) It governs relationships between individuals in a state
b) It governs relationships between states
c) It determines the moral framework for law
d) It deals with the interpretation of national statutes
Answer: b) It governs relationships between states - What is the primary role of the doctrine of precedent in common law?
a) To limit judicial discretion
b) To create new laws
c) To ensure consistency and predictability in decisions
d) To allow for flexibility in judgments
Answer: c) To ensure consistency and predictability in decisions - What is the key feature of codified law?
a) It is derived from judicial decisions
b) It is based on customs and practices
c) It is written and systematically organized
d) It evolves through interpretation by judges
Answer: c) It is written and systematically organized - Which of the following is an example of persuasive precedent?
a) Decisions from a higher court within the same jurisdiction
b) Decisions from a lower court within the same jurisdiction
c) Decisions from courts in other jurisdictions
d) Decisions of the Supreme Court
Answer: c) Decisions from courts in other jurisdictions - Which source of law is based on long-standing practices accepted as binding?
a) Customary law
b) Case law
c) Statutory law
d) International law
Answer: a) Customary law - What is meant by the term “legal positivism”?
a) Law must align with moral values
b) Law is a social construct and independent of morality
c) Law evolves through customs
d) Law is derived from divine commands
Answer: b) Law is a social construct and independent of morality - In England, who is responsible for interpreting and applying laws?
a) Parliament
b) Judges
c) The Prime Minister
d) The Monarchy
Answer: b) Judges - What is the primary characteristic of natural law theory?
a) It is based on human-made rules
b) It emphasizes reason and morality as the foundation of law
c) It is derived from judicial precedents
d) It is codified in constitutions
Answer: b) It emphasizes reason and morality as the foundation of law - What is the main purpose of statutory interpretation?
a) To create new laws
b) To understand the intent of the legislature
c) To limit the application of precedents
d) To challenge the constitutionality of laws
Answer: b) To understand the intent of the legislature - What distinguishes common law from civil law systems?
a) Common law relies heavily on statutes, while civil law does not
b) Common law relies on judicial precedents, while civil law is codified
c) Common law is based on customary practices, while civil law relies on courts
d) Common law does not recognize equity, while civil law does
Answer: b) Common law relies on judicial precedents, while civil law is codified - Which of the following best describes the role of judges in the common law system?
a) Judges only interpret statutes
b) Judges create binding precedents through decisions
c) Judges codify laws for the legislature
d) Judges have no role in developing law
Answer: b) Judges create binding precedents through decisions - What does “legislation” refer to in the context of sources of law?
a) Judicial opinions issued by courts
b) Laws enacted by a legislative body
c) Traditional customs recognized as law
d) Agreements made between states
Answer: b) Laws enacted by a legislative body - In English law, what is the significance of the “House of Lords” before the Constitutional Reform Act 2005?
a) It was responsible for legislative drafting
b) It was the highest court of appeal in the UK
c) It codified customary practices into law
d) It primarily dealt with constitutional law
Answer: b) It was the highest court of appeal in the UK - What is the primary difference between primary and secondary legislation?
a) Primary legislation is made by courts, secondary by parliament
b) Primary legislation is enacted by parliament, secondary by delegated authorities
c) Primary legislation is binding, secondary is advisory
d) There is no difference; both are enacted by the executive branch
Answer: b) Primary legislation is enacted by parliament, secondary by delegated authorities - What is meant by “legal realism”?
a) Law should be interpreted strictly based on its text
b) Law is a reflection of social, economic, and political conditions
c) Law is derived solely from moral principles
d) Law should never be influenced by societal needs
Answer: b) Law is a reflection of social, economic, and political conditions - What is the doctrine of “parliamentary sovereignty”?
a) Parliament’s laws can override judicial decisions
b) Parliament is the supreme legal authority in the UK
c) Parliament is subordinate to the judiciary
d) Parliament’s laws must align with international law
Answer: b) Parliament is the supreme legal authority in the UK - What is a “binding precedent”?
a) A decision that must be followed by all courts in all circumstances
b) A decision that lower courts in the same jurisdiction must follow
c) A decision that applies only to the specific case it concerns
d) A decision that is persuasive but not obligatory
Answer: b) A decision that lower courts in the same jurisdiction must follow - What is a “statutory instrument”?
a) A tool used to interpret statutes
b) A form of secondary legislation
c) A historical document of legal importance
d) A codified form of common law
Answer: b) A form of secondary legislation - What is the role of “equity” in the English legal system?
a) To replace common law principles
b) To ensure fairness where common law provides no remedy
c) To enforce constitutional provisions
d) To codify the principles of natural law
Answer: b) To ensure fairness where common law provides no remedy - What is “customary law” as a source of law?
a) Laws created by judicial precedents
b) Long-standing practices accepted as legally binding
c) Laws derived from parliamentary acts
d) Codified rules based on international treaties
Answer: b) Long-standing practices accepted as legally binding