1 Flashcards
Which of the following best defines Jurisprudence?
The philosophy and theory of law
Who is considered the father of Analytical Jurisprudence?
Jeremy Bentham
Natural Law Theory suggests that laws derive from:
Divine or moral principles
Legal Positivism argues that:
Law is independent of moral considerations
What is the main focus of Sociological Jurisprudence?
The impact of law on society
Which legal theory emphasizes the practical function of law?
Legal Realism
What is the main criticism of Natural Law Theory?
It relies too much on subjective morality
Which of the following is NOT a source of law in Legal Positivism?
Divine commands
True or False: Legal Realism believes that judges make decisions based purely on logic.
False
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
Sociological
What is the primary concern of Analytical Jurisprudence?
The logical structure of law and legal concepts
Who is the leading figure in the development of Legal Positivism?
John Austin
What is the ‘Command Theory of Law’ associated with?
John Austin’s Legal Positivism
Which philosopher argued that ‘law is a command backed by sanctions’?
John Austin
Which legal theory believes that law should reflect the will of the sovereign?
Legal Positivism
What is the main argument of Natural Law Theory?
Law must be based on moral principles
Who is a major proponent of Natural Law Theory?
Thomas Aquinas
True or False: Sociological Jurisprudence views law as independent of social influences.
False
Which theory focuses on the role of law in shaping and responding to society?
Sociological Jurisprudence
What is the primary focus of Legal Realism?
How law is applied in real-world situations
Which legal theory states that ‘law is what judges decide it to be’?
Legal Realism
Who is a notable figure in the Legal Realism movement?
Oliver Wendell Holmes Jr.
What is the difference between Substantive and Procedural Law?
Substantive law defines rights; procedural law governs enforcement
What is the main function of Procedural Law?
To provide rules for how laws are applied and enforced
What is the main role of Customary Law?
To recognize traditions and customs as legally binding
Fill in the blank: In Legal Positivism, _______ is the ultimate source of law.
The sovereign
True or False: Natural Law Theory suggests that unjust laws are not true laws.
True
Which legal theory claims that ‘law is separate from morality’?
Legal Positivism
What does ‘Lex Talionis’ mean in legal philosophy?
The law of retaliation (‘eye for an eye’)
Who introduced the concept of the ‘Social Contract’ in legal philosophy?
Jean-Jacques Rousseau
What is the main argument of the Social Contract Theory?
Laws derive from an agreement among people to form a society
Which legal theory is associated with the phrase ‘The greatest happiness for the greatest number’?
Utilitarianism
Who is the primary philosopher behind Utilitarianism?
Jeremy Bentham
What is the concept of ‘Justice as Fairness’ associated with?
John Rawls
Who wrote ‘A Theory of Justice’?
John Rawls
What is the primary principle of John Rawls’ theory of justice?
Fair equality of opportunity and distribution of wealth
Fill in the blank: The _______ principle in Rawls’ theory states that inequalities must benefit the least advantaged.
Difference
What is the role of Precedent in Common Law?
Past judicial decisions guide future rulings
Which legal system relies heavily on judicial precedents?
Common Law system
Which legal system is based on codified statutes rather than case law?
Civil Law system
What is the difference between Common Law and Civil Law systems?
Common Law relies on precedents; Civil Law relies on statutes
True or False: In Civil Law systems, judicial decisions create binding precedents.
False
What does ‘Stare Decisis’ mean?
To stand by things decided (precedent is binding)
Which legal system primarily uses ‘Stare Decisis’?
Common Law system
What is the primary source of law in Islamic Law (Sharia)?
The Quran and Hadith
What is the main feature of Customary Law?
It is based on traditions and cultural practices
True or False: Customary Law is written and codified.
False
What is the main criticism of Legal Positivism?
It ignores moral considerations in law
Which philosopher argued that an unjust law is no law at all?
St. Augustine
What is the term for ‘law created by judges through decisions’?
Case law
What is the main role of Equity in law?
To provide fairness in cases where strict application of law would cause injustice
What is the difference between Public and Private Law?
Public Law deals with government; Private Law deals with individuals
What does ‘Jurisprudence’ mean?
The study and theory of law
Which branch of law deals with crimes and punishments?
Criminal Law
What is the main focus of International Law?
Regulating relations between nations
Which legal principle means ‘the law applies to everyone equally’?
Rule of Law
Who is considered the founder of the Rule of Law concept?
A.V. Dicey
True or False: The Rule of Law ensures that no one is above the law.
True
What is the main principle of the Separation of Powers?
Dividing government power among different branches
Which philosopher advocated for the Separation of Powers?
Montesquieu
Which document serves as the highest law in a country?
The Constitution
What is the primary purpose of Constitutional Law?
To define government structure and fundamental rights
What is the main function of Administrative Law?
To regulate government agencies and public administration
What is ‘Judicial Review’?
The power of courts to declare laws unconstitutional
Which case established the principle of Judicial Review?
Marbury v. Madison
What is the purpose of Human Rights Law?
To protect individual freedoms and dignity
True or False: Human Rights are universal and inalienable.
True
Which international document outlines fundamental human rights?
The Universal Declaration of Human Rights (UDHR)
What is the principle of ‘Legal Certainty’?
Laws must be clear and predictable
Which legal theory suggests that law evolves with society?
Sociological Jurisprudence
Which legal principle means ‘no punishment without a law’?
Nullum crimen, nulla poena sine lege
Which legal theory believes in law’s continuous change and adaptation?
Legal Realism
Who argued that law should be viewed as a tool for social engineering?
Roscoe Pound
What is the primary concern of Critical Legal Studies?
Challenging traditional legal structures and inequalities
Which of the following best defines Jurisprudence?
The philosophy and theory of law
Who is considered the father of Analytical Jurisprudence?
Jeremy Bentham
Natural Law Theory suggests that laws derive from:
Divine or moral principles
Legal Positivism argues that:
Law is independent of moral considerations
What is the main focus of Sociological Jurisprudence?
The impact of law on society
Which legal theory emphasizes the practical function of law?
Legal Realism
What is the main criticism of Natural Law Theory?
It relies too much on subjective morality
Which of the following is NOT a source of law in Legal Positivism?
Divine commands
True or False: Legal Realism believes that judges make decisions based purely on logic.
False
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
Sociological
What is the primary concern of Analytical Jurisprudence?
The logical structure of law and legal concepts
Who is the leading figure in the development of Legal Positivism?
John Austin
What is the ‘Command Theory of Law’ associated with?
John Austin’s Legal Positivism
Which philosopher argued that ‘law is a command backed by sanctions’?
John Austin
Which legal theory believes that law should reflect the will of the sovereign?
Legal Positivism
What is the main argument of Natural Law Theory?
Law must be based on moral principles
Who is a major proponent of Natural Law Theory?
Thomas Aquinas
True or False: Sociological Jurisprudence views law as independent of social influences.
False
Which theory focuses on the role of law in shaping and responding to society?
Sociological Jurisprudence
What is the primary focus of Legal Realism?
How law is applied in real-world situations
Which legal theory states that ‘law is what judges decide it to be’?
Legal Realism
Who is a notable figure in the Legal Realism movement?
Oliver Wendell Holmes Jr.
What is the difference between Substantive and Procedural Law?
Substantive law defines rights; procedural law governs enforcement
What is the main function of Procedural Law?
To provide rules for how laws are applied and enforced
What is the main role of Customary Law?
To recognize traditions and customs as legally binding
Fill in the blank: In Legal Positivism, _______ is the ultimate source of law.
The sovereign
True or False: Natural Law Theory suggests that unjust laws are not true laws.
True
Which legal theory claims that ‘law is separate from morality’?
Legal Positivism
What does ‘Lex Talionis’ mean in legal philosophy?
The law of retaliation (‘eye for an eye’)
Who introduced the concept of the ‘Social Contract’ in legal philosophy?
Jean-Jacques Rousseau
What is the main argument of the Social Contract Theory?
Laws derive from an agreement among people to form a society
Which legal theory is associated with the phrase ‘The greatest happiness for the greatest number’?
Utilitarianism
Who is the primary philosopher behind Utilitarianism?
Jeremy Bentham
What is the concept of ‘Justice as Fairness’ associated with?
John Rawls
Who wrote ‘A Theory of Justice’?
John Rawls
What is the primary principle of John Rawls’ theory of justice?
Fair equality of opportunity and distribution of wealth
Fill in the blank: The _______ principle in Rawls’ theory states that inequalities must benefit the least advantaged.
Difference
What is the role of Precedent in Common Law?
Past judicial decisions guide future rulings
Which legal system relies heavily on judicial precedents?
Common Law system
Which legal system is based on codified statutes rather than case law?
Civil Law system
What is the difference between Common Law and Civil Law systems?
Common Law relies on precedents; Civil Law relies on statutes
True or False: In Civil Law systems, judicial decisions create binding precedents.
False
What does ‘Stare Decisis’ mean?
To stand by things decided (precedent is binding)
Which legal system primarily uses ‘Stare Decisis’?
Common Law system
What is the primary source of law in Islamic Law (Sharia)?
The Quran and Hadith
What is the main feature of Customary Law?
It is based on traditions and cultural practices
True or False: Customary Law is written and codified.
False
What is the main criticism of Legal Positivism?
It ignores moral considerations in law
Which philosopher argued that an unjust law is no law at all?
St. Augustine
What is the term for ‘law created by judges through decisions’?
Case law
What is the main role of Equity in law?
To provide fairness in cases where strict application of law would cause injustice
What is the difference between Public and Private Law?
Public Law deals with government; Private Law deals with individuals
What does ‘Jurisprudence’ mean?
The study and theory of law
Which branch of law deals with crimes and punishments?
Criminal Law
What is the main focus of International Law?
Regulating relations between nations
Which legal principle means ‘the law applies to everyone equally’?
Rule of Law
Who is considered the founder of the Rule of Law concept?
A.V. Dicey
True or False: The Rule of Law ensures that no one is above the law.
True
What is the main principle of the Separation of Powers?
Dividing government power among different branches
Which philosopher advocated for the Separation of Powers?
Montesquieu
Which document serves as the highest law in a country?
The Constitution
What is the primary purpose of Constitutional Law?
To define government structure and fundamental rights
What is the main function of Administrative Law?
To regulate government agencies and public administration
What is ‘Judicial Review’?
The power of courts to declare laws unconstitutional
Which case established the principle of Judicial Review?
Marbury v. Madison
What is the purpose of Human Rights Law?
To protect individual freedoms and dignity
True or False: Human Rights are universal and inalienable.
True
Which international document outlines fundamental human rights?
The Universal Declaration of Human Rights (UDHR)
What is the principle of ‘Legal Certainty’?
Laws must be clear and predictable
Which legal theory suggests that law evolves with society?
Sociological Jurisprudence
Which legal principle means ‘no punishment without a law’?
Nullum crimen, nulla poena sine lege
Which legal theory believes in law’s continuous change and adaptation?
Legal Realism
Who argued that law should be viewed as a tool for social engineering?
Roscoe Pound
What is the primary concern of Critical Legal Studies?
Challenging traditional legal structures and inequalities
What is the main purpose of Jurisprudence?
To study the philosophy, concepts, and principles of law
Who is considered the father of modern Jurisprudence?
Jeremy Bentham
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
Which philosopher is associated with the idea that ‘law is a command issued by the sovereign’?
John Austin
Which legal school of thought focuses on the real-world application of laws?
Legal Realism
Who is a leading figure in the Historical School of Jurisprudence?
Friedrich Carl von Savigny
What is the main belief of the Historical School of Jurisprudence?
Law evolves from customs, traditions, and historical experiences
Which legal theory argues that law serves as a tool for social engineering?
Sociological Jurisprudence
Who developed the theory of law as a tool for social engineering?
Roscoe Pound
What is the meaning of ‘Ratio Decidendi’?
The legal reasoning behind a judicial decision
What is ‘Obiter Dicta’ in legal decisions?
Remarks made by a judge that are not legally binding
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
What does ‘Lex Superior’ mean?
A higher law takes precedence over a lower law
What is ‘Lex Posterior’?
A later law overrides an earlier law
What does ‘Lex Specialis’ mean in legal interpretation?
A specific law overrides a general law
Which philosopher is known for the ‘Pure Theory of Law’?
Hans Kelsen
What is the Grundnorm in Kelsen’s theory?
The basic norm or fundamental rule from which all laws derive
What is the role of Equity in legal systems?
To ensure fairness where strict legal rules may cause injustice
Which legal system primarily uses Codified Laws?
Civil Law system
What is the doctrine of ‘Separation of Powers’?
Dividing government powers among different branches to prevent abuse
Which document is considered the supreme law of the land?
The Constitution
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
Which philosopher introduced the ‘Veil of Ignorance’?
John Rawls
What is the purpose of the Veil of Ignorance?
To ensure fairness in the creation of laws by removing personal bias
What is the significance of ‘Habeas Corpus’?
It protects individuals from unlawful detention
What does ‘Nemo judex in causa sua’ mean?
No one should be a judge in their own case
What is ‘Audi alteram partem’?
The right to a fair hearing; both sides must be heard in a case
Which legal principle states that ‘ignorance of the law is no excuse’?
Ignorantia juris non excusat
What does ‘Fiat Justitia Ruat Caelum’ mean?
Let justice be done though the heavens fall
What is the difference between Criminal and Civil Law?
Criminal Law deals with offenses against the state, while Civil Law handles disputes between individuals
What is the principle of ‘Ultra Vires’?
Actions beyond the legal power of an entity are invalid
What is the principle of ‘In Pari Delicto’?
Parties equally at fault cannot seek legal relief
What is the function of ‘Judicial Review’?
To assess the constitutionality of laws and government actions
Which international body oversees Human Rights Law?
The United Nations
What is the primary function of a Constitution?
To define the structure of government and protect fundamental rights
What is ‘Lex Talionis’?
The law of retaliation (‘eye for an eye’)
What does ‘Jus Cogens’ refer to in International Law?
Peremptory norms that cannot be violated
Which principle means ‘No crime without law’?
Nullum crimen, nulla poena sine lege
Which legal principle ensures ‘laws must be clear and not retroactive’?
Legal Certainty
Who is the main philosopher behind ‘Positivism’?
Auguste Comte
What does ‘Mens Rea’ mean in Criminal Law?
Guilty mind or criminal intent
What is ‘Actus Reus’?
The physical act of committing a crime
What is the difference between Felonies and Misdemeanors?
Felonies are serious crimes, while misdemeanors are less serious offenses
What is the main feature of Socialist Law?
State ownership of property and centralized control over laws
Which principle states that ‘courts must follow past decisions’?
Stare Decisis
What does ‘Pacta Sunt Servanda’ mean in Contract Law?
Agreements must be kept
What is ‘Tort Law’?
A legal framework for civil wrongs and personal injury cases
Which philosopher introduced the ‘Greatest Happiness Principle’?
Jeremy Bentham
What is the main goal of Utilitarianism in law?
To maximize overall happiness and minimize harm
What is the purpose of Administrative Law?
To regulate government agencies and their decision-making process
Which of the following best defines Jurisprudence?
The philosophy and theory of law
Who is considered the father of Analytical Jurisprudence?
Jeremy Bentham
Natural Law Theory suggests that laws derive from:
Divine or moral principles
Legal Positivism argues that:
Law is independent of moral considerations
What is the main focus of Sociological Jurisprudence?
The impact of law on society
Which legal theory emphasizes the practical function of law?
Legal Realism
What is the main criticism of Natural Law Theory?
It relies too much on subjective morality
Which of the following is NOT a source of law in Legal Positivism?
Divine commands
True or False: Legal Realism believes that judges make decisions based purely on logic.
False
Fill in the blank: _______ Jurisprudence studies the connection between law and society.
Sociological
