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CLAT PG Exam  >  CLAT PG Test  >  Jurisprudence  >  Test: Definition and Nature of Law - CLAT PG MCQ

Definition and Nature of Law - Free MCQ Practice Test with solutions, CLAT


MCQ Practice Test & Solutions: Test: Definition and Nature of Law (15 Questions)

You can prepare effectively for CLAT PG Jurisprudence with this dedicated MCQ Practice Test (available with solutions) on the important topic of "Test: Definition and Nature of Law". These 15 questions have been designed by the experts with the latest curriculum of CLAT PG 2026, to help you master the concept.

Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 25 minutes
  • - Number of Questions: 15

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Test: Definition and Nature of Law - Question 1
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According to John Austin, law properly so-called is:

Detailed Solution: Question 1

Austin defines “law proper” as a sovereign’s command enforced by sanctions, distinguishing it from customs or moral rules.

Test: Definition and Nature of Law - Question 2
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Austin excluded which of the following from the category of “law proper”?

Detailed Solution: Question 2

International law lacks a sovereign with coercive authority and is treated by Austin as “positive morality,” not law proper.

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Test: Definition and Nature of Law - Question 3
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The four essential elements of law in Austin’s theory are command, sovereign, duty, and:

Detailed Solution: Question 3

Sanction—an evil consequence for disobedience—is essential for a rule to qualify as “law proper” under Austin.

Test: Definition and Nature of Law - Question 4
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Austin’s theory is criticised mainly because:

Detailed Solution: Question 4

Critics argue Austin overlooks judicial creativity, customary law, and modern complexities in sovereign authority.

Test: Definition and Nature of Law - Question 5
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The greatest contribution of Austin’s command theory is that it:

Detailed Solution: Question 5

Austin’s framework laid foundational ideas for legal positivism and analytical jurisprudence, influencing Bentham and Hart.

Test: Definition and Nature of Law - Question 6
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H.L.A. Hart criticised Austin’s theory primarily for:

Detailed Solution: Question 6

Hart argued that Austin’s model treats law like a gunman’s order—commands plus threats—failing to explain modern legal systems with rules, institutions, and continuity.

Test: Definition and Nature of Law - Question 7
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The “rule of recognition” in Hart’s theory is:

Detailed Solution: Question 7

The rule of recognition provides the ultimate criteria for legal validity, accepted by officials within the system.

Test: Definition and Nature of Law - Question 8
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According to Hart, the key difference between being “obliged” and having an “obligation” is:

Detailed Solution: Question 8

Being “obliged” arises from coercion, whereas “obligation” arises when rules are internally accepted as binding by officials.

Test: Definition and Nature of Law - Question 9
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Hart’s theory explains the existence of which of the following that Austin’s theory could not?

Detailed Solution: Question 9

Secondary rules—especially the rule of recognition—explain how constitutional rules constrain legislators, something Austin’s sovereign theory cannot account for.

Test: Definition and Nature of Law - Question 10
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Hart’s concept of law is best described as:

Detailed Solution: Question 10

Hart’s central thesis is that legal systems are a union of primary and secondary rules, making them more complex than mere commands backed by threats.

Test: Definition and Nature of Law - Question 11
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According to Salmond, law is:

Detailed Solution: Question 11

Salmond defines law as principles enforced by the State through courts, placing emphasis on administration of justice as the core of law.

Test: Definition and Nature of Law - Question 12
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Savigny’s concept of “Volksgeist” refers to:

Detailed Solution: Question 12

“Volksgeist” represents the collective national spirit from which law organically grows according to Savigny.

Test: Definition and Nature of Law - Question 13
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The Historical School of Savigny is primarily opposed to:

Detailed Solution: Question 13

Savigny rejected premature codification, arguing that law must evolve naturally with societal development.

Test: Definition and Nature of Law - Question 14
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Which statement correctly distinguishes Salmond and Savigny?

Detailed Solution: Question 14

Salmond belongs to the analytical school (law as state-enforced rules), while Savigny views law as an organic, historical product of national consciousness.

Test: Definition and Nature of Law - Question 15
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The greatest contribution of Savigny’s Historical School is:

Detailed Solution: Question 15

Savigny’s core insight is that law grows naturally from the traditions, customs, and spirit of the people, not through imposed legislation.

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About this CLAT PG Practice Test

This test contains 15 MCQs on Definition and Nature of Law with detailed solutions for each question. It is part of the Jurisprudence course on EduRev, designed to align with the current CLAT PG syllabus. Each solution explains not just the correct answer but also gives you an understanding of the topic — not just to attempt the question but also help you prepare for the exam with practice.

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