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
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may present a fresh suit
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cannot present a fresh suit
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may present a fresh suit with the leave of the High Court
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None of these
A
Correct answer
Explanation
Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Option (2) is incorrect: After the rejection, plaintiff can present a fresh suit.
Option (3) is incorrect: Plaintiff doesn’t require the leave of the High Court.
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mere words
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gestures
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preparation
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Any one of these
A
Correct answer
Explanation
Option (1) is correct: Mere words do not amount to an assault.
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is similar to that of an informal court
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requires strict adherence to form of rules of evidence
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seldom includes the presentation of legal arguments to a decision maker
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All of the above
A
Correct answer
Explanation
(1) The hearing process in administrative tribunals is similar to that of an informal court.
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mandatory
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necessary
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optional
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None of these
A
Correct answer
Explanation
Article of association is one of the important documents. Article of association contains the rules that govern the management of the internal affairs of a company.
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Application of knowledge of law
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Attorney–client relationship
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Habituality
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Retainer agreement
C
Correct answer
Explanation
(3) Habituality is not included in the criteria for determining whether a person is engaged in the practice of law.
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Lawyers who are members of the Provincial Board
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Lawyers who are elected as Senators
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Retired Judges
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Lawyers elected as Municipal Vice Mayors
A
Correct answer
Explanation
(1) Lawyers who are members of the Provincial Board cannot practice law.
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Writing legal articles
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Listing in the law list
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Listing in the phone directory with area of expertise
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Giving of ordinary professional cards
B
Correct answer
Explanation
Listing in the law list is an exception to the general rule.
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a police officer has the authority to arrest without a warrant
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a police officer cannot arrest without a warrant
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on request of a complainant, arrests can be made
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Depends on the discretion of a police officer
B
Correct answer
Explanation
Option (1) is incorrect: It is in the case of a cognisable offence.
Option (2) is correct: Under Section 2(l), a non-cognisable offence means a police officer has no authority to arrest without a warrant.
Option (3) is incorrect: No such provision is there in the CrPC.
Option (4) is incorrect: The Indian Penal Code has prescribed a list of cognisable and non-cognisable offences. It is not the discretion of a police officer.
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if the offence is compoundable
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if the offence is non-cognizable
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before a charge has been framed
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Provision would be applicable for complaint case and police case both
D
Correct answer
Explanation
Option (1) is incorrect: Either compoundable or not.
Option (2) is incorrect: Either the offence is cognizable or non-cognizable.
Option (3) is incorrect: Hearing is always after charges have been framed.
Option (4) is correct: 'A magistrate may discharge the accused if complainant is absent on the date of hearing' in both complaint cases and police cases.
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It may be given orally to an officer in charge of a police station.
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It is reduced to writing by or under the direction of an officer in charge of the police station.
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Information reduced to writing is to be signed by the person giving it.
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A copy of information cannot be given free of cost to the informant.
D
Correct answer
Explanation
Option (1) is incorrect: Information under Section 154 of the CrPC can be given orally or in writing.
Option (2) is incorrect: Under Section 154, an officer under the direction of an officer in charge of a police station reduced into writing all the information given by the informant in relation to the commission of a cognizable offence.
Option (3) is incorrect: Information given by the informant shall be signed by him as provided under Section 154 of the CrPC.
Option (4) is correct: A copy of information shall be given free of cost to the informant as provided under Section 154 of the Code of Criminal Procedure.
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Summons case means a case which is not a warrant case.
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Summons case means a case through which security is not required.
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Summons case means a case through which offence of theft is tried.
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Summons case means a case in which only summons can be served during trial.
A
Correct answer
Explanation
Option (1) is correct: Under Section 2(w), summons case means a case relating to an offence, and not being a warrant case.
Option (2) is incorrect: No such provision of summons case.
Option (3) is incorrect: Summons cases does not only deal with theft cases.
Option (4) is incorrect: No such provision in the CrPC.
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it contains the particulars required in regard to plaint
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it is presented to the court by the applicant in person
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the applicant allegation shows a cause of action
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any other person has entered into an agreement with the applicant to finance the litigation
D
Correct answer
Explanation
Option (1) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (2) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (3) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (4) is correct: If any person has entered into an agreement with the applicant to finance the litigation, the court can reject an application to sue as an indigent person.
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Where it is not filed in 2 copies
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Where it is not supported with affidavit
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Where plaintiff has not affixed his photo
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Where plaintiff does not put his signature
A
Correct answer
Explanation
Option (1) is correct: Under Order VII, Rule 11(1)(e) of the Code of Civil Procedure, where the plaint is not filed in duplicate, the court shall reject the plaint.
Option (2) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (3) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (4) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
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preliminary
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final
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first preliminary, then final
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preliminary or final
D
Correct answer
Explanation
Option (1) is incorrect: It can be either preliminary or final.
Option (2) is incorrect: It can be either preliminary or final.
Option (3) is incorrect: It can be either preliminary or final.
Option (4) is correct: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
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The above statement is true.
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The above statement is false.
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The above statement is partially true.
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Cannot be determined
B
Correct answer
Explanation
The purpose of Section 313 is to give an opportunity to an accused to explain the facts appearing against him in the evidence. He is not examined here as a witness. Hence, under Section 313(2), oath is not required before taking the statement of an accused.