LJU4802 Assignment 2 Quiz Study Guide 2025/2026
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Part 1: Foundational Principles & Jurisprudence (Questions 1-20)
1. Question: What is the primary function of the "Grundnorm" in Hans Kelsen's
Pure Theory of Law?
* A) To ensure social welfare
* B) To serve as the hypothetical starting point that validates all lower norms in a
legal system
* C) To describe the relationship between law and morality
* D) To empower the judiciary to make law
* Answer: B) To serve as the hypothetical starting point that validates all lower
norms in a legal system
* Rationale: Kelsen's theory posits a hierarchical legal structure. The Grundnorm
is the fundamental, presupposed norm from which the validity of the constitution
and all subsequent laws is derived. It is not a moral proposition but a logical
necessity for a coherent legal system.
,2. Question: According to H.L.A. Hart, what is the crucial element that
distinguishes a developed legal system from a primitive one?
* A) A written constitution
* B) The rule of recognition
* C) The separation of powers
* D) A bill of rights
* Answer: B) The rule of recognition
* Rationale: Hart argues that while primitive societies may have primary rules of
obligation, a modern legal system requires secondary rules. The "rule of
recognition" is the most important, providing criteria for identifying valid laws
within the system.
3. Question: The legal philosophy that argues law is essentially a command of the
sovereign, backed by a threat of sanction, is known as:
* A) Natural Law Theory
* B) Legal Realism
* C) Legal Positivism (Austinian)
* D) Feminist Jurisprudence
* Answer: C) Legal Positivism (Austinian)
* Rationale: John Austin's command theory defines law as a command from a
, sovereign (a politically superior whom the bulk of society is in a habit of
obedience) that is backed by a "sanction" or threat of punishment.
4. Question: Which legal theorist is most associated with the concept of "law as
integrity"?
* A) Ronald Dworkin
* B) Jeremy Bentham
* C) Karl Llewellyn
* D) John Finnis
* Answer: A) Ronald Dworkin
* Rationale: Dworkin's theory of "law as integrity" proposes that judges should
decide hard cases by interpreting the law in its best moral light, seeking to
construct a coherent, principled narrative that fits and justifies the legal system as a
whole.
5. Question: In Natural Law theory, an unjust law...
* A) Is still a valid law that must be obeyed.
* B) Can be considered not a law at all (lex injusta non est lex).
* C) Is only binding if enacted by a democratic parliament.
* D) Must be interpreted narrowly by the courts.
* Answer: B) Can be considered not a law at all (lex injusta non est lex).
Verified Questions & Correct Solutions with Rationales || 100% Guaranteed
Pass <Latest Version>
Part 1: Foundational Principles & Jurisprudence (Questions 1-20)
1. Question: What is the primary function of the "Grundnorm" in Hans Kelsen's
Pure Theory of Law?
* A) To ensure social welfare
* B) To serve as the hypothetical starting point that validates all lower norms in a
legal system
* C) To describe the relationship between law and morality
* D) To empower the judiciary to make law
* Answer: B) To serve as the hypothetical starting point that validates all lower
norms in a legal system
* Rationale: Kelsen's theory posits a hierarchical legal structure. The Grundnorm
is the fundamental, presupposed norm from which the validity of the constitution
and all subsequent laws is derived. It is not a moral proposition but a logical
necessity for a coherent legal system.
,2. Question: According to H.L.A. Hart, what is the crucial element that
distinguishes a developed legal system from a primitive one?
* A) A written constitution
* B) The rule of recognition
* C) The separation of powers
* D) A bill of rights
* Answer: B) The rule of recognition
* Rationale: Hart argues that while primitive societies may have primary rules of
obligation, a modern legal system requires secondary rules. The "rule of
recognition" is the most important, providing criteria for identifying valid laws
within the system.
3. Question: The legal philosophy that argues law is essentially a command of the
sovereign, backed by a threat of sanction, is known as:
* A) Natural Law Theory
* B) Legal Realism
* C) Legal Positivism (Austinian)
* D) Feminist Jurisprudence
* Answer: C) Legal Positivism (Austinian)
* Rationale: John Austin's command theory defines law as a command from a
, sovereign (a politically superior whom the bulk of society is in a habit of
obedience) that is backed by a "sanction" or threat of punishment.
4. Question: Which legal theorist is most associated with the concept of "law as
integrity"?
* A) Ronald Dworkin
* B) Jeremy Bentham
* C) Karl Llewellyn
* D) John Finnis
* Answer: A) Ronald Dworkin
* Rationale: Dworkin's theory of "law as integrity" proposes that judges should
decide hard cases by interpreting the law in its best moral light, seeking to
construct a coherent, principled narrative that fits and justifies the legal system as a
whole.
5. Question: In Natural Law theory, an unjust law...
* A) Is still a valid law that must be obeyed.
* B) Can be considered not a law at all (lex injusta non est lex).
* C) Is only binding if enacted by a democratic parliament.
* D) Must be interpreted narrowly by the courts.
* Answer: B) Can be considered not a law at all (lex injusta non est lex).
