Law Legal Studies · Civics Polity

Legal Principles and Doctrines

2,539 Questions

Legal principles and doctrines establish the foundational rules of jurisprudence and civil rights. Questions cover constitutional reasonable restrictions, courtroom evidence standards, and property laws. These topics are strictly necessary for law legal studies exams and judicial services prelims.

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Legal Principles and Doctrines Questions

Multiple choice

A, a magistrate, is making report to a superior officer about B's character imputation made in good faith and for public good. A commits

  1. an offence under Section 500 of the IPC

  2. an offence under Section 501 of the IPC

  3. no offence as it is within the exception under Section 499 of the IPC

  4. an offence under Section 504 of the IPC
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (3) is correct: Exception under Section 499 states 'It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good'.  Here, if the imputation is made in good faith, and for the public good, then A is within the exception.

Multiple choice

Does federal law prohibit ex parte communications from private parties to administrative agency employees who are deciding whether to adopt a rule during notice-and-comment rulemaking proceedings?

  1. Yes, because a reviewing court must have an adequate record before deciding whether an agency had adequate support for its rule.

  2. No, because section 53 is silent on the question of ex parte contracts.

  3. Yes, but only when the rulemaking resolves competing claims among a small group of claimants to a valuable governmental benefit.

  4. No, so long as the agency can demonstrate that the comment dealt only with policy questions and did not introduce new data.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

No, because section 53 is silent on the question of ex parte contracts.

Multiple choice

Before being summoned, an accused has

  1. a right to participate in the proceeding

  2. no right to participate in the proceeding

  3. no rights at all

  4. a right to watch the proceedings, but cannot participate

  5. a right to have the documents, but cannot particpate
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Before being summoned, the accused has got a right to participate in the proceeding.

Multiple choice

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

  2. in which the court in first instance shall issue a warrant of arrest against the accused

  3. relating to an offence punishable with imprisonment for a term not exceeding 2 years

  4. relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years

  5. in which a police officer can arrest without warrant
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision

Option (3) is incorrect: It is a case of summons case. Option (4) is correct: Under Section 2(x) of the Code of Criminal Procedure, a warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Multiple choice

A disputed handwriting can be proved by

  1. calling an expert

  2. examining a person acquainted with the handwriting of the writer of the questioned document

  3. comparison of the two admitted and disputed documents

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A disputed handwriting can be proved by any of the given cases; depends on the court's discretion.

Multiple choice

In relation to a court question, the adverse party

  1. has a right to cross-examination as a matter of right

  2. can cross-examine only with the permission of the court

  3. has no right to cross-examine

  4. can make any objection as a matter of right
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

In relation to a court question, the adverse party can cross-examine only with the permission of the court. 

Multiple choice

Evidence means and includes

  1. ocular evidence only

  2. documentary evidence only

  3. both ocular evidence and documentary evidence

  4. ocular evidence based on documents only
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

In general, the evidence of a witness is given orally and this means oral evidence. The documents including records produced for the inspection of the court are called documentary evidence. So, evidence may be both ocular evidence and documentary evidence and admissible in the court of law. 

Multiple choice

The examination, after the cross-examination of a witness by the party who has called him, is called

  1. main examination

  2. additional cross-examination

  3. re-examination

  4. recross examination
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (3) is correct: As per Section 138 of the Indian evidence Act, 1872, witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined and then (if the party calling him so desires) re-examined.  

Multiple choice

In relation to expressions defined in Section 3 of the Indian Evidence Act, which of the following statements is not correct?

  1. Facts includes not only physical facts, but also psychological facts.

  2. A court includes arbitrators.

  3. An inscription on a stone is a document.

  4. A fact is said to be not proved when it is neither proved nor disproved.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: Under Section 3 of the Indian Evidence Act, 'fact' means and includes any thing, state of things or relation of things, capable of being perceived by the senses; any mental condition of which any person is conscious.

Option (2) is correct: Under Section 3 of the Indian Evidence Act, 'court' includes all judges and magistrates and all persons, except arbitrators.

Option (3) is incorrect: Under Section 3 of the Indian Evidence Act, 'documents' mean any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used, for the purpose of recording that matter.

Option (4) is incorrect: Under Section 3 of the Indian Evidence Act, a fact is said not to be proved when it is neither proved nor disproved.

Multiple choice

The provisions of res judicata also apply to the execution proceedings of a decree.

  1. True

  2. False

  3. Only applies to the suit

  4. Not applicable if objection is raised by JDR
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also. Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree. Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also. Option (4) is incorrect: No such provision.

Multiple choice

Which of the following questions shall be determined by the court executing decree?

  1. Whether any person has decree obtained by fraud

  2. Whether any person is or is not the representative of a party

  3. Whether any person has decree obtained by collusion

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: The court shall not determine whether the decree is obtained by fraud or not. Option (2) is correct: The question shall be determined by the court whether any person is or is not the representative of a party. Option (3) is incorrect: The court shall not determine whether the decree is obtained by collusion or not.

Multiple choice

Principle of res judicata applies to

  1. suits only

  2. execution proceedings only

  3. arbitration proceedings only

  4. suits as well as execution proceedings
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (1) is incorrect: Res judicata applies to suits and all other issues. Option (2) is incorrect: Res judicata applies to suits and all other issues. Option (3) is incorrect: Res judicata doesn’t apply to arbitration proceedings. Option (4) is correct: The starting words of Section 11 of the Code of Civil Procedure states that no court shall try any suit or issue, which means that it includes suits and all other issues, including executing proceedings also.