PHM 502 Legal Jurisprudence Quiz

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Questions and Answers

What does Hans Kelsen's Pure Theory of Law emphasize regarding legal analysis?

It should incorporate moral standards.

It should be based on historical contexts.

It should prioritize the law as is. (correct)

It should focus on what the law ought to be.

In Wesley Newcomb Hohfeld’s Theory of Power, which statement correctly defines 'Claim-right'?

It allows for no liabilities.

It is synonymous with liberty.

It is the opposite of a privilege.

It is correlated with duty. (correct)

Which concept in Hohfeld’s Theory signifies an absence of duty?

Liability

Immunity

Claim

Privilege (correct)

According to the content, how is law perceived when it is viewed as a shield?

It fosters peaceful coexistence. Signup and view all the answers

What does the basic norm, or Grundnorm, represent in Kelsen's theory?

The foundational rule of a legal system. Signup and view all the answers

What must be true for someone to have a claim-right against another person according to Hohfeld’s theory?

The other has a corresponding duty. Signup and view all the answers

What does it mean for law to become a sword?

It is manipulated to cause harm. Signup and view all the answers

What characterizes law's relationship with morality in Kelsen's view?

Law is entirely independent of morality. Signup and view all the answers

What does the legal maxim 'Ignorantia juris non excusat' mean?

Ignorance of the law is no excuse. Signup and view all the answers

How does law primarily differ from policy?

Law regulates behaviors while policy guides decision-making. Signup and view all the answers

Which of the following is a key feature of Kelsen’s Pure Theory of Law?

It focuses on laws as a system of norms. Signup and view all the answers

What is the primary objective of law?

To regulate actions and impose penalties if violated. Signup and view all the answers

What does Wesley Newcomb Hohfeld’s Theory of Power primarily address?

The relationship and interactions between rights, duties, powers, and liabilities. Signup and view all the answers

What differentiates law from policy in terms of nature?

Law is rigid, whereas policy is flexible. Signup and view all the answers

Which of the following best describes the flexibility of policy compared to law?

Policy allows for discretion and judgment, unlike law. Signup and view all the answers

What underlying principle is associated with the statement 'Ignorance of the fact may be an excuse'?

Facts can sometimes excuse legal penalties. Signup and view all the answers

Study Notes

Legal Environment of Business and Pharmacy Jurisprudence

Course name: PHM 502 – Aspects of Theories of Legal Jurisprudence
Lecturer: Alhaji Dr(Pharm) Inua I. Yusuf, Esq.
Contact: 0244385320

Learning Outcomes

By the end of the session, students will understand legal jurisprudence.
Students will understand Kelsen's Pure Theory of Law.
Students will understand Wesley Newcomb Hohfeld's Theory of Power.
Students will discuss basic legal concepts.

Law - 1

Law is a system of rules recognized by a country or community.
These rules regulate member actions and can be enforced through penalties.

Law - 2

Ignorantia juris non excusat: Ignorance of the law is no excuse.
Ignorance of fact may be an excuse, but ignorance of law is not.
Case cited: Nyameneba and Others vrs. The State [1965] GLR 723-729, Supreme Court.

Law - 3: Difference Between Policy & Law

Policy: A broad plan outlining limits for discretion in decision-making.
- Nature: General statement.
- Purpose: Guides decision-making.
- Flexibility: Flexible, allowing for discretion and judgment.
- Penalty: Penalty for violation is not specified.
- Source: Based on objectives.
Law: A specific plan outlining what should or should not be done in a situation.
- Nature: Specific statement.
- Purpose: Guides behavior and ensures discipline.
- Flexibility: Rigid, with no scope for discretion or judgment.
- Penalty: Penalty for violation is generally specified.
- Source: Based on policy and procedures.

Law - 4

Law can be a sword or a shield.
It becomes a sword when ignored and denigrated.
It becomes a shield when respected.
Law often involves difficult and controversial choices.
It remains a crucial tool for peaceful coexistence in diverse and fragmented societies.

Law - 5: Hans Kelsen's Theory

Legal analysis should focus on what the law actually is, not what it ought to be.
Law should be separated from morality, ethics, economics, sociology, history, and politics.
The basic norm (Grundnorm) forms the foundation of the legal system.
Law should be obeyed because of the legal system, not solely for moral or religious reasons.

Law - 6: Wesley Newcomb Hohfeld's Theory of Power

Introduces concepts like Claim, Duty, Privilege, Power, No-Right, Immunity, Liability, and Disability.
Detailed relationships between these concepts (i.e., correlatives and opposites) are included in the diagram.

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Description

Test your understanding of legal jurisprudence concepts studied in PHM 502. This quiz covers Kelsen's Pure Theory of Law, Hohfeld's Theory of Power, and distinguishes between policy and law. Prepare to apply your knowledge of foundational legal principles and case law interpretation.