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De Jure Law Test: Jurisprudence & Rights

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0% found this document useful (0 votes)
12 views2 pages

De Jure Law Test: Jurisprudence & Rights

Uploaded by

subediabhinandan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DE JURE INSTITUTE OF LAW

No.1 Law Institute with Highest Result in last 6 Years!


Weekly TU Model – Complete Test 07 B

1. Long Question: 1*20=20 marks


What is jurisprudence? Explain the socialist and sociological school of jurisprudence.
Or

What are the key functions of law in society, and how do these functions contribute to maintain order and
protecting individual rights?

2. Short Question : 3 ×10 = 30 marks

1. What are the kinds and classification of law? Explain.

2. Define rights and duties. What are the differences between rights and duties.

3. Define fundamental rights. Enlist the fundamental rights granted by the constitution of Nepal.

4. Define person. Explain the types of person in brief.

5. Constitution is the supreme law of the land. Explain this statement.

6. Define source of law. What are the different sources of law? Explain.

3. Creative Writing (approximately 300 words in English) 1×20-=20

The present constitution of Nepal has divided the country into 7 provinces and 753 local levels. It has also made
Nepal a federal country. We are observing that the forming of the new government in province level is increasing
rapidly due to which the problems like high cost / slow development works are being seen. What do you think,
what are the reasons behind it? Is federalism suitable for Nepal? Please explain your view with the current scenario.

Objective Questions: Tick the Correct Answers

1) Who talks about ideal state and justice?


a. Plato b. Aristotle c. Socrates d. Cicero
2) Who said the union of divine law is the end of law?
a. St. Augustine b. Thomas Acquinas c. Cicero d. Aristotle
3) Who was the founder philosopher of natural law school?
a. Socrates b. Aristotle c. Heraclitus d. Plato
4) Who said 'The true law is the right reason in agreement with nature of universal application unchanging
and everlasting'?
a. Socrates b. Cicero c. Thomas Acquinas d. Augustine
5) Which articles ensure the right to consumer as fundamental right?
a. Article 44 b. Article 45 c. Article 46 d. Article 47
6) Whose philosophy is 'Virtue is knowledge and whatever is not virtuous is sin'?
a. Socrates b. Heraclitus c. Rudolf Ihering d. Aristotle
7) Socrates classified justice into:
a. Distributive and corrective justice b. Natural and legal justice
c. Civil and criminal justice d. None of above
8) Ratio decidendi and obiter dicta are elements of:
a. Precedent b. Legislation c. Custom d. All of above
9) Medieval period is related to the:
a. Philosophy of theology b. Philosophy of secularism c. Positive law d. None of above

DE JURE INSTITUTE OF LAW ONLY FOR DEJURE STUDENTS `


DE JURE INSTITUTE OF LAW
No.1 Law Institute with Highest Result in last 6 Years!
Weekly TU Model – Complete Test 07 B

10) Who classified jurisprudence into particular and general jurisprudence?


a. John Austin b. Salmond c. Bentham d. All of above
11) Jurisprudence is the science who studied the law first?
a. Arnos b. Paton c. Salmond d. Keeton
12) The constitution of Kingdom of Nepal 2047 was made under the chairmanship of:
a. Biswanath Upadhaya b. Ganesh Man Singh c. Girija Prasad Koirala d. None of above
13) Which part deals with provision of amendment of constitution?
a. Part 30 b. Part 31 c. Part 32 d. Part 33
14) What does expository jurisprudence mean:
a. What is b. What ought to be c. Both a and b d. None of above
15) Law is the prediction of what will be done by judge or officials is the statement of:
a. Justice Holmes b. Gray c. Alf Ross d. Jerome Frank
16) Family law is part of:
a. Civil law b. Criminal law c. Public law d. None of above
17) Muluki Civil Code 2074 is an example of:
a. General law b. Domestic law c. Specific law d. Both a and b
18) Which is a valid element of custom?
a. Immemorial antiquity b. Continuity c. Certainty d. All of above
19) There can be no law without legislative act is said by:
a. Austin b. Gray c. Salmond d. Clark
20) Who is the philosopher of realist school?
a. Justice Holmes b. Justice Gray c. Jerome Frank d. All of above
21) Which article deals with provision of judicial committee?
a. Article 217 b. Article 218 c. Article 232 d. Article 234
22) Who rejected the traditional concept of right state and sovereign?
a. Leon Duguit b. Lon Fuller c. Stammler d. Hugo Grotius
23) The book 'De Legibus' is written by:
a. Aristotle b. Hugo Grotius c. Cicero d. Savigny
24) Commodity Exchange theory is propounded by:
a. V. Lundstedt b. Pashukanis c. Alf Ross d. None of above
25) Who is termed as a moral philosopher by Ronald Dworkin?
a. HLA Hart b. Plato c. Hugo Grotius d. None of above
26) Who condemned the (Label or state) as a black letter?
a. Sociological school b. Realist school c. Analytical school d. Historical school
27) Who stated 'law as a good order'?
a. Natural school b. Analytical school c. Historical school d. Realist school
28) Who wrote the book 'The Life of Law'?
a. Laura Nader b. Hugo Grotius c. Lon Fuller d. Puchta
29) Who wrote the book 'Taking Rights Seriously'?
a. Ronald Dworkin b. Hegel c. Jerome Frank d. Pashukanis
30) Fundamental Right is also known as:
a. Perfect Right b. Imperfect Right c. Both a and b d. All of above

*Good Luck*
DE JURE INSTITUTE OF LAW ONLY FOR DEJURE STUDENTS `

Common questions

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The present constitution of Nepal reflects its federal structure by dividing the country into seven provinces and 753 local levels, thereby decentralizing administration and governance. This federalism aims to bring government closer to the people and enhance local participation in decision-making. However, observable impacts include increased complexity in governance, high administrative costs, and slow development progress due to coordination challenges among various levels of government. These impacts raise questions about the efficiency and effectiveness of federalism in Nepal, with ongoing debates over whether it is the most suitable structure given the current scenario .

The sociological school of jurisprudence emphasizes the social aspects of law, considering it as a tool for social engineering and addressing social needs. It focuses on the effects of law on society and seeks to adapt to social changes. Key figures include Roscoe Pound, who viewed law as a means to balance competing interests within society. On the other hand, the socialist school sees law as an instrument of class struggle, emphasizing state control to achieve social justice and equality. It often critiques capitalist structures and advocates for a legal system that supports collective ownership and distribution of resources. The primary difference lies in the focus of the sociological school on social functionality and realism, while the socialist school places a stronger emphasis on economic relations and power dynamics .

Rights and duties are fundamentally interconnected in the legal framework. Rights refer to entitlements or privileges granted to individuals, allowing them to act or be treated in a certain way. Duties, on the other hand, are obligations or responsibilities imposed on individuals, requiring them to act or refrain from acting in certain manners. The interrelationship is such that one person's right often results in another's duty, ensuring a balance within the legal system. These concepts are fundamental because they maintain equilibrium in society, protect individual freedoms, and ensure the law can be effectively implemented to achieve societal goals .

The increase in the formation of provincial governments in Nepal can be attributed to the federal restructuring aimed at decentralizing power and enhancing political representation. This restructuring seeks to involve local populations in governance, address regional disparities, and bring government services closer to the people. However, the rapid formation of these governments has led to significant challenges, including high administrative costs, bureaucratic inefficiencies, and delays in development projects. These consequences have sparked criticism and debates about whether federalism is apt for Nepal’s socio-political context, considering its diverse and geographically heterogeneous landscape .

Different jurisprudential schools significantly influence contemporary legal thought through their foundational principles. The natural law school emphasizes moral reasoning and universality, affecting views on human rights and ethical considerations in law. The analytical school focuses on logical structure and clarity, influencing legal positivism and modern legislative drafting. The historical school highlights the importance of tradition and cultural context, informing customary law and legal evolution. Sociological jurisprudence stresses the role of law in social change, impacting policies aimed at addressing social issues. These philosophical underpinnings shape how laws are interpreted, enforced, and reformed, guiding legal practitioners and theorists in understanding and applying legal norms in a modern context .

Sources of law include statutes, constitutions, judicial precedents, customs, and administrative regulations. Statutes are laws enacted by legislative bodies, providing a primary source of legal rules. Constitutions serve as the fundamental law, establishing the structure of government and fundamental rights. Judicial precedents offer guidance through past court decisions, fostering consistency and predictability. Customs reflect traditional practices accepted as legal norms. Administrative regulations are rules created by governmental agencies, filling in details not explicitly covered by legislation. These sources collectively shape the legal system by establishing clear legal principles, ensuring adaptability, and maintaining legal consistency .

The constitution serves as the supreme law of the land by establishing the fundamental principles and framework for governance, to which all other laws and policies must conform. This supremacy influences the legal system by setting a hierarchy of laws, where any law inconsistent with the constitution is void. Politically, it ensures that all government actions and decisions are derived from its authority, thereby preserving the rule of law, protecting citizens' rights, and preventing arbitrary misuse of power. This supremacy is crucial in maintaining legal consistency and political stability .

Laws can be classified into several categories, including criminal and civil law, substantive and procedural law, public and private law, and national and international law. Criminal laws regulate offenses against the state, while civil laws address disputes between individuals. Substantive laws define rights and duties, whereas procedural laws outline the processes for enforcing them. Public laws govern relationships between individuals and the government, while private laws regulate interactions between private entities. National laws apply within a specific country, and international laws govern relations between nations. Each type plays a crucial role by providing a comprehensive legal framework to address various legal issues in society .

Fundamental rights are essential within a constitutional framework as they guarantee basic freedoms and legal protections to citizens, acting as a safeguard against state abuse. In the context of Nepal, these rights are crucial as they ensure democratic principles such as freedom of expression, equality before law, and protection from discrimination are upheld. The constitution enshrines these rights to empower individuals and provide mechanisms to challenge violations, thereby promoting justice and reinforcing the rule of law in Nepal’s democratic governance .

The key functions of law in society include maintaining social order, protecting individual rights, resolving disputes, and promoting justice. These functions contribute to maintaining order by establishing standards of behavior that individuals are expected to follow, thereby preventing chaos. Protection of individual rights ensures that individuals have the freedom to act without unwarranted interference, thus safeguarding personal freedoms and liberties. Laws also provide a framework for resolving disputes through courts, which ensures conflicts are handled in a controlled manner, reducing the likelihood of violence or anarchy. Finally, by promoting justice, laws work towards fairness and equality in society, addressing grievances and rectifying wrongs.

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