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CS Executive Jurisprudence — practice by topic

Browse 23 questions across 6 Jurisprudence topics. Choose what you want to revise, then open a question to check its answer and worked solution.

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Jurisprudence topics

Sources of Law (15)Constitution of India (3)Interpretation of Statutes (2)Administrative Law (1)Information Technology Act 2000 (1)Right to Information Act 2005 (1)

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Roman jurists like Ulpine, Cicero and Justinian, who treated 'justice' as the main guiding element of law, belong to which school of legal definition?Read the answer and worked solution →Roscoe Pound's analysis of law as 'a social institution to satisfy social wants' through political and ethical struggles places him in which school?Read the answer and worked solution →A custom must be 'immemorial' meaning it must be:Read the answer and worked solution →Which of the following is NOT a requisite of a valid custom as listed by the unit?Read the answer and worked solution →

Worked practice questions

Roman jurists like Ulpine, Cicero and Justinian, who treated 'justice' as the main guiding element of law, belong to which school of legal definition?

  1. Natural School
  2. Positivistic School
  3. Historical School
  4. Realist School
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Correct answer: A. Natural School

1. The Natural School treats certain rights as inherent in human nature and discoverable by reason. 2. Roman jurists Ulpine, Cicero and Justinian fall under this school per the unit. 3. Ulpine defined law as 'the art or science of what is equitable and good'. 4. For all these definitions, 'justice' is the main guiding element. 5. Positivistic, Historical and Realist schools emphasise sovereign command, popular consciousness and judicial process respectively. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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Roscoe Pound's analysis of law as 'a social institution to satisfy social wants' through political and ethical struggles places him in which school?

  1. Natural School
  2. Historical School
  3. Realist School
  4. Sociological School
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Correct answer: D. Sociological School

1. Roscoe Pound's analysis of law as a tool of social engineering is the sociological view. 2. He saw law as balancing competing individual, public and social interests. 3. Duguit and Ihering also fall in the Sociological School. 4. The Realist School (Holmes, Cardozo) defines law in terms of judicial process. 5. So Roscoe Pound is sociological, not realist. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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A custom must be 'immemorial' meaning it must be:

  1. At least 50 years old
  2. Practised by the entire country
  3. Recognised by Parliament expressly
  4. Proved to be ancient with no known origin
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Correct answer: D. Proved to be ancient with no known origin

1. The first requisite of a valid custom is Antiquity (Immemorial). 2. The unit cites Blackstone: the custom must have been used so long that the memory of man runs not to the contrary. 3. In India there is no fixed cut-off date (unlike English law's 1189 A.D. test). 4. It is sufficient to prove the custom is ancient. 5. So 'immemorial' means proved-ancient with no known origin, not a fixed age limit. _Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._

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