Jurisprudence Preparation for UP PCS J 2023 - PYQ, Weightage, List of Important Topics & More

Author : Tanya Kaushal

June 25, 2024

Reader’s Digest - Hey there, aspiring UP Judiciary aspirants! Ready to know what it takes to ace your Jurisprudence preparation? We are here to provide you with all the tips & tricks you need to make sure you get the highest score possible. So, let's get started!

Legal knowledge is essential to practice law and is a prerequisite to becoming a judge in the UP Judiciary. In order to be successful in the UP Judiciary, it is important to have an in-depth understanding of the law, legal principles, and legal precedents.

Jurisprudence preparation is a valuable exercise that can help aspiring students prepare for the UP Judiciary exams.

When preparing for the UP Judiciary exams, familiarising yourself with the relevant laws and legal precedents is important. You should also review any relevant cases and practice questions that may appear on the exam. Doing so will help you become familiar with the types of questions that may be asked and the legal knowledge required to pass the exam.

Jurisprudence Preparation for UP Judiciary - Overview

The Romans started the study of Jurisprudence. The Latin equivalent of Jurisprudence is ‘Jurisprudentia’, meaning ‘skill in law’ or ‘knowledge in law’. The Roman jurist Ulpian defines jurisprudence as ‘the knowledge of things divine and human, the science of just and unjust’.
The term Jurisprudence was used in England throughout the formative period of Common Law.
The technical significance of the term began in the early nineteenth century due to the work of Bentham and Austin.
Jurisprudence is the study of law in 2 aspects, i.e., the theoretical and the philosophical aspects. Jurisprudence helps in understanding the correct way of studying the law.

Don’t Miss - 50 Most Expected Essay Topics for Judiciary Exams 2023

What is Jurisprudence?

The Romans started the study of Jurisprudence. Jurisprudence was started as a separate branch of discipline by the Romans.
Jurisprudence is a ‘Latin word’ derived from the word ‘jurisprudentia’. ‘Juris’ means “Law”, and ‘Prudentia’ means “Knowledge or Skill”.
Juris means Law, and the Law means a state's entire body of rules. Jurisprudence is called ‘La philosophie du droit’ in France.
Jurisprudence is called “Rechts philosophie” in Germany.
The expression “Law” about Jurisprudence means “Fundamental Legal Principles”.
Jurisprudence is the study of law in 2 aspects, i.e., the theoretical and the philosophical aspects.
Jurisprudence helps in understanding the correct way of studying the law.

Why Study Jurisprudence for UP Judiciary?

Jurisprudence helps to understand the concept of law in depth. Jurisprudence defines the General Principles of Contract Law, Constitutional Law, Civil Law, Criminal Law, Law of Torts, etc.
Around 28 to 30 questions from the Jurisprudence topic in the UP Judicial Service prelims examination for the civil judge post will be asked.
The most scoring sub-topics of the Jurisprudence topic are the general principles of Contract Law, Criminal Law, and the Law of Torts.
The easiest sub-topics of the Jurisprudence topic are the general principle of civil procedure code topic in jurisprudence.
The candidates have to give more attention to the difficult topics of the Jurisprudence topic.
The difficult topics are - General Principles of Constitutional Law and Civil Law topic.

List of Topics of Jurisprudence Covered in UP PCS J Syllabus

The level of Jurisprudence topic varies from easy to moderate level only.
This topic is considered one of the highest-scoring topics of Law in the Uttar Pradesh Judicial Service Recruitment Examination.
Any candidate who has studied a Jurisprudence topic thoroughly and has a clear knowledge of the topic, then it is very easy for them to score high marks in this topic easily.
As per our UP Judiciary analysis, in 2020, the easiest questions asked in the UP PCS J prelims examination are only from the Jurisprudence topic. And in that year, candidates scored full marks in that topic questions.

Unit 1

Major Legal Systems of the World.
Indian Legal System.
Rene David & J.E.C. Brierley, Major Legal Systems of the World Today (3rd ed. 1985).
Joseph Minattur, Indian Legal System, “Introduction vii-xiv (2nd ed. 2006).
N. R. Madhav Menon, Our Legal System.

Unit 2: Structure of Indian Legal System, Basic Principles of Law, and Rule of Law

Hierarchy of Courts and Jurisdiction
Legal Services and LokAdalat
Rule of Law
Friedmann, ‘Welfare State and Rule of Law.
H.M. Seervai “The Supreme Court of India and the Shadow of Dicey”.
The Position of the Judiciary under the Constitution of India, (1970).
The doctrine of separation of powers and its applicability in India42 (v) Method of Legal study and Rules of interpretation.
Glanville Williams, learning the law, Chapter 7, “The Interpretation of statutes” pp. 97-108 (11th ed., 12th Indian Reprint 2006).

Unit 3: A Source of Law

Custom
Legislation
Precedent
The legal profession in India
M.P. Jain, “Custom as a Source of Law in India”, 3 Jaipur Law Journal 96 (1963) Dias, Jurisprudence, Chapter 7, Justice in deciding disputes pp. 126-164 (Ed. 5, 2013)
Glanville Williams, Learning The Law, Chapter 6, Learning the Techniques PP. 67-79 (11th Ed.,12th Indian Reprint 2006)
Advocates Act, 1961
A.N. Veera Raghavan, “Legal Profession and the Advocates Act, 1961, 14 Journal of the Indian Law Institute pp. 228-262 (1972).

Unit 4: Positive / Analytical School of Thought

John Austin, Province of Jurisprudence Determined 125
H.L.A. Hart, Concept of Law, “Law as the Union of Primary and secondary rules” and “The foundation of a legal system”.

Unit 5: Hans Kelsen, “Pure Theory of Law”

Unit 6: Historical and Sociological School of Thought

Karl von Savigny
Roscoe Pound

Unit 7: Judicial Process Applying Theories of Law

Lon. L. Fuller, the case of the Speluncean Explorers”, 62 Harvard Law Review” 616- 664 (1949).

Unit 8: Rights and Duties Dias, Jurisprudence,

“Concept of Rights and Duties: Jurisprudential Analysis”.

Unit 9: Recommended Readings

Joseph Raz, The Concept of a Legal System An Introduction to the Legal System, (2nd edition, Clarendon Press, 1980).
Fali S. Nariman, India’s Legal System: Can it be saved? (2017, Penguin Books)
Zia Mody, 10 Judgments that Changed India, 2013
Ashok K. Ganguly, Landmark Judgments That Changed India (2015, Rupa Publications)
Medical Council of India v The State of Kerala, SC, September 12, 2018 (Separation of Powers).

Read More - UP PCS J Booklist

Jurisprudence Preparation for UP Judiciary - Complete Strategy

Candidates can follow the following exam preparation instructions mentioned below to clear the Uttar Pradesh Judicial Service Examination for the civil judge post: -

In the Initial stage, the candidates preparing for the judicial service examination are confused. They are only confused about how to begin their preparation and what to study first.
The candidates have many questions regarding the UP PCS J exam eligibility, exam pattern, syllabus, etc. They are not sure whether they should join a coaching institute or not. So, proper guidance will help them to solve the questions going through their mind.
The first and foremost step to prepare for the Uttar Pradesh Judicial Service examination for the civil judge is that the candidate should be fully focused that he or she wants to clear the judiciary examination, not trying to crack every possible government examination.
The candidate should know the detailed syllabus and exam pattern of the Uttar Pradesh Judicial Service examination for the just civil judge post before starting the preparation for this recruitment examination.
Knowing the syllabus and exam pattern before the commencement of the preparation is beneficial for you because it will help you prepare accordingly and help you make a strategy on how to prepare for the exam.
The first step to start the preparation is to make a timetable for dividing your time on each topic or subject.
Candidates should study UP PCS J current affairs and keep themselves updated because current affairs are the main key to cracking any competitive, entrance, or recruitment examination.
The candidate should opt reverse mechanism technique to start the preparation for the Uttar Pradesh Judicial Service Examination for the Civil Judge post.
The reverse mechanism technique is that you should start your preparation in a reverse way, i.e. you should prepare for the main examination first.
While preparing for the mains examination, you will also cover the prelims examination syllabus.
The candidate usually prepares for the prelims examination, and after qualifying for the prelims, they start the preparation for the mains examination, which is the wrong way to study.
Candidates should prepare using the reverse mechanism technique. It is the best technique and most beneficial technique for preparation.
Candidates should read newspapers, magazines, and columns; it will help them improve their English and General Awareness and keep them updated about what’s happening worldwide.
Candidates should prepare a question bank of 50 questions for prelims and mains from the major and minor topics of the Uttar Pradesh judicial service examination.
Candidates should prepare a question bank of 25 questions from the previous year’s question paper and also create 25 HOTS questions from the previous year’s question papers of judiciary exams that will help them during your revision.
The candidate should study the major topics thoroughly and thoroughly: the Code of Civil Procedure, the Indian Evidence Act of 1872, the Indian Penal Code of 1861, and the Code of Criminal Procedure 1973.

Jurisprudence Preparation for UP Judiciary - Prelims

To clear the UP PCS J prelims examination, candidates must study hard. So to study hard, they need proper guidance and planning. So here below, we have mentioned some UP JUdiciary preparation tips for you.

The preliminary examination is a qualifying in nature examination. Candidates should start the preparation by practising the previous year's paper, speed test, sample paper, and mock test.
The candidate should start the prelims examination preparation using the Reverse Engineering Technique, i.e. the candidate should practice MCQs first, then shift to the long answers type questions.
You should practice comprehensive test series. It will help you to increase your speed and ability to complete the test.
You should give as many mock tests and practice your question bank, which you have prepared for the prelims examination. This will increase your speed and accuracy in answering the questions.

Jurisprudence Preparation for UP Judiciary - Mains

In order to clear the UP PCS J mains examination, candidates have to study harder than in the prelims. So to study harder, they need proper guidance and planning.

So here below, we have mentioned some of the tricks and tips for UP PCS J Mains preparation.

The candidate should start the preparation for the main examination by writing answers in a time-bound manner.
The candidate should write 2 to 3 questions daily from the question bank they have made before starting the preparation.
The candidate should practice answer writing for Judiciary Exams and put a timer with them. This timer will help them analyse how long they take to complete one answer.
The candidate should practice writing comprehensive answers because Judiciary does not accept long answers of 10 pages; they want comprehensive answers to the point explanation.
The candidate should be aware of contemporary legal and socio-legal issues for the essay writing test.
The Judiciary always asks to write on the current issues around the country. So, you should know about the current issues and their legal information because you will be writing essays in the LAW exam, you must also use Legal information.
If, in any case, you scored less in the Procedure and Substantive Law exam, don’t worry about that because you have a chance of redemption if you score high marks in the Judgment and translation exam.
The marks of the judgment and translation exam will replace the marks of procedure and substantive law.
So, the candidates should practice for each and every paper thoroughly.

Previous Year Questions of Jurisprudence Preparation for UP Judiciary

To score well in the Uttar Pradesh Judicial Service Examination for the Civil Judge Post, you need to practice from the previous year's paper on the UP Judiciary.

By practising the previous year's paper, you will get an idea of the level of the examination, what type of questions are asked in the paper, and many more things.

So, here below, we have mentioned some of the important previous year's questions of the Jurisprudence topic from the UP Judiciary examination.

Question 1: “Some shared morality is essential to the existence of any society” is the observation of which of the following:

(a). Jeremy Bentham

(b). Austin

(c). Fuller

(d). Hart

Answer: (d). Hart

Question 2: Who said that “Public Policy is an unruly horse”?

(a). Justice Atkin

(b). Justice Wright

(c). Justice Deny

(d). Justice Borrough

Answer: (d). Justice Borrough

Question 3: “Law is uncertain, and certainty of law is a Legal Myth”. This is the statement of which of the following:

(a). Jerome Frank

(b). Holmes

(c). Gray

(d). Lievellyn

Answer: (a). Jerome Frank

Question 4: According to whom is “The matter of Jurisprudence is positive law, the law simply and strictly so called or law set by political superiors to political inferiors”?

(a). Allen

(b). Austin

(c). Buckland

(d). Bentham

Answer: (b). Austin

Question 5: The principal jurist of the philosophical school was:

(a). Herbert Spencer

(b). Sir Henry Maine

(c). Max Weber

(d). Hegel

Answer: (d). Hegel

Question 6: Which of the following author is said as the father of English Jurisprudence, namely:

(a). Austin

(b). Bentham

(c). Salmond

(d). Roscoe Pound

Answer: (a). Austin

Question 7: Who is the father of Jurisprudence, namely:

(a). Austin

(b). Bentham

(c). Salmond

(d). Roscoe Pound

Answer: (b). Bentham

Question 8: Which of the following is not a case relating to the doctrine of precedent?

(a). Sajjan Singh v. State of Rajasthan.

(b). Prakash Chand Pathak v. State of Uttar Pradesh.

(c). Liversidge v. Anderson.

(d). Bengal Immunity Co. Ltd v. State of Bihar

Answer: (c). Liversidge v. Anderson

Question 9: Which one of the following schools of legal thought held the view that “Law is found not made, it is self-existent”?

(a). Historical School

(b). Analytical School

(c). Sociological School

(d). Realistic School

Answer: (a). Historical School

Question 10: “Law is what the judges declare.” This statement relates to which of the following thinkers?

(a). Jerome Frank

(b). Julius Stone

(c). Gray

(d). Holmes

Answer: (c). Gray

Check Here - Legal Current Affairs Questions for Judiciary Exams 2023

Question 11: Who described jurisprudence as “Lawyer’s Extroversion”?

(a). Savigny

(b). Salmond

(c). Julius Stone

(d). Buckland

Answer: (c). Julis Stone

Question 12: The Law means

(a). The entire body of rules in a State

(b). A particular Law

(c). The rules of morality

(d). The rules of natural justice

Answer: (a). The entire body of rules in a State

Question 13: “Movement of progressive societies have hitherto been from status to contract”. Who said so?

(a). Bentham

(b). Rosco Pound

(c). Henry Maine

(d). Saigny

Answer: (c). Henry Maine

Question 14: The concept of Austin’s Sovereignty is influenced by the ideologies of which of the following person?

(a). Hobbs

(b). Locke

(c). Rousseau

(d). Montesque

Answer: (a) Hobbs

Question 15: “Custom is to society what law is to the State”. It has been said by -

(a). Dias

(b). Salmond

(c). Lloyd

(d). Finch

Answer: (b). Salmond

Don’t Miss - How to Prepare Translation for Judiciary Exams 2023?

Question 16: Which one of the following theories has been proposed by Savigny to explain legal personality?

(a). Realist Theory

(b). Fiction Theory

(c). Bracket Theory

(d). Purpose Theory

Answer: (b). Fiction Theory

Question 17: Which one of the following jurists has rejected customary law as law?

(a). Austin

(b). Kant

(c). Keeton

(d). Savigny

Answer: (a). Austin

Question 18: Who is the author of the book “Taking Rights Seriously”?

(a). Hart

(b). Dworkin

(c). Kelsen

(d). Julius Stone

Answer: (b). Dworkin

Question 19: “Some shared morality is essential to the existence of any society” is the assertion of

(a). Fuller

(b). Hart

(c). Kelsen

(d). Justice Krishna Iyer

Answer: (b). Hart

Question 20: Who propounded that ‘Animus domini’ is an essential element of possession?

(a). Savigny

(b). Salmond

(c). Pollock

(d). Ihering

Answer: (a). Savigny

Question 21: “Justice is the first virtue of social institution is the observation of whom?

(a). R Pound

(b). Aristotle

(c). John Rawls

(d). Mahatma Gandhi

Answer: (c). John Rawls

Question 22: “The search for natural law will continue as long as they're is perceived to be injustice in the world” is the statement of:

(a). Hobbes

(b). Justice Holmes

(c). Lord Lloyd of Hampstead

(d). Rousseau

Answer: (c). Lord Lloyd of Hampstead

Question 23: Who is the founder of Positivism?

(a). Salmond

(b). Hall

(c). Bentham

(d). Austin

Answer: (d). Austin

Question 24: Who said jurisprudence is the eyes of Law?

(a). Petterson

(b). Salmond

(c). Gray

(d). Laski

Answer: (d). Laski

Question 25: Who said Jurisprudence is a Social Science?

(a). H L A Hart

(b). J Austin

(c). Hugo Grotius

(d). Patterson

Answer: (d). Patterson

Question 26: Who wrote the book “the morality of Law”?

(a). Fuller

(b). Savigny

(c). Buckland

(d). Maine

Answer: (a). Fuller

Question 27: The ‘province and function of law’ named book was written by

(a). Hart

(b). Kelson

(c). Pound

(d). Julius Stone

Answer: (d). Julius Stone

Question 28: As per Analytical Jurisprudence, Sanction means

(a). Acquiescence

(b). Punishment

(c). Agreement

(d).Permission

Answer: (b). Punishment

Question 29: Who introduced the concept of the Pure Theory of Law?

(a). Holland

(b). Salmond

(c). Austin

(d). Hams kelson

Answer: (d). Hans Kelson

Question 30: Who defined jurisprudence as ‘the formal science of positive law’

(a). Holland

(b). Austin

(c). Salmond

(d). Allen

Answer: (b). Austin

Check Out - Judiciary Exams Study Plan 2023

Conclusion

We hope this blog solves all your doubts about Jurisprudence Preparation for UP Judiciary. Happy Reading!