Law Legal Studies · Civics Polity
Legal Principles and Doctrines
2,603 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.
Constitutional doctrinesGuardianship rightsExpert testimony standardsCriminal trial instructionsContractual authorityRegistration law principles
Legal Principles and Doctrines Questions
-
a right to participate in the proceeding
-
no right to participate in the proceeding
-
no rights at all
-
a right to watch the proceedings, but cannot participate
-
a right to have the documents, but cannot particpate
A
Correct answer
Explanation
Before being summoned, the accused has got a right to participate in the proceeding.
-
in which a police officer cannot arrest without warrant
-
in which the court in first instance shall issue a warrant of arrest against the accused
-
relating to an offence punishable with imprisonment for a term not exceeding 2 years
-
relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years
-
in which a police officer can arrest without warrant
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.
-
Hearsay
-
Circumstantial
-
Primary
-
Secondary
A
Correct answer
Explanation
Hearsay evidence is that which has been derived by other person. In case of hearsay evidence, the person giving evidence does not take the responsibility of its veracity.
Newspaper report about any matter is hearsay evidence.
-
calling an expert
-
examining a person acquainted with the handwriting of the writer of the questioned document
-
comparison of the two admitted and disputed documents
-
All of the above
D
Correct answer
Explanation
A disputed handwriting can be proved by any of the given cases; depends on the court's discretion.
-
has a right to cross-examination as a matter of right
-
can cross-examine only with the permission of the court
-
has no right to cross-examine
-
can make any objection as a matter of right
B
Correct answer
Explanation
In relation to a court question, the adverse party can cross-examine only with the permission of the court.
-
ocular evidence only
-
documentary evidence only
-
both ocular evidence and documentary evidence
-
ocular evidence based on documents only
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.
-
main examination
-
additional cross-examination
-
re-examination
-
recross examination
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.
-
Facts includes not only physical facts, but also psychological facts.
-
A court includes arbitrators.
-
An inscription on a stone is a document.
-
A fact is said to be not proved when it is neither proved nor disproved.
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.
-
True
-
False
-
Only applies to the suit
-
Not applicable if objection is raised by JDR
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.
-
Whether any person has decree obtained by fraud
-
Whether any person is or is not the representative of a party
-
Whether any person has decree obtained by collusion
-
None of these
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.
-
suits only
-
execution proceedings only
-
arbitration proceedings only
-
suits as well as execution proceedings
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.
-
may present a fresh suit
-
cannot present a fresh suit
-
may present a fresh suit with the leave of the High Court
-
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.
-
mere words
-
gestures
-
preparation
-
Any one of these
A
Correct answer
Explanation
Option (1) is correct: Mere words do not amount to an assault.
-
is similar to that of an informal court
-
requires strict adherence to form of rules of evidence
-
seldom includes the presentation of legal arguments to a decision maker
-
All of the above
A
Correct answer
Explanation
(1) The hearing process in administrative tribunals is similar to that of an informal court.
-
mandatory
-
necessary
-
optional
-
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.