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

As soon as the judgement or final order disposing of a case is signed, the court may

  1. alter the sentence

  2. review the judgement

  3. correct a clerical error

  4. begin the retrial of the case
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall alter when it has signed its judgement or final order disposing of a case. Option (2) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall review the same when it has signed its judgement or final order disposing of a case. Option (3) is correct: Under Section 362 of the Code of Criminal Procedure, no court, when it has signed its judgement or final order disposing of a case, shall alter or review the same, except to correct a clerical or arithmetical error and the retrial of the case. Option (4) is incorrect: No court may begin retrial of the case when it has signed its judgement or final order disposing of a case.

Multiple choice

At any time before the judgement is pronounced, the prosecution of any person may be withdrawn with the consent of the court by

  1. on whose instance first information report was recorded

  2. the investigating officer of the case

  3. the Public Prosecutor or Assistant Public Prosecutor in charge of the case

  4. the person aggrieved by the offence
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: No provision under the Code of Criminal Procedure. Option (2) is incorrect: Withdrawal is always by the Public Prosecutor or Assistant Public Prosecutor in charge of a case. Option (3) is correct: Under Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, at any time before the judgement is pronounced, withdraw from the prosecution of any person. Option (4) is incorrect: No provision under the Code of Criminal Procedure for the aggrieved persons to withdraw the case.

Multiple choice

In every criminal trial, when the magistrate finds the accused guilty, he shall pass the sentence after hearing the accused. Choose the correct statement.

  1. Wrong, it is not required in summons case.

  2. Right, without hearing the accused, no sentence can be passed.

  3. It is required only before sending the conviction warrant.

  4. It is not required at all in any case.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: Acquittal or conviction is always on merits in all cases, i.e. after hearing the accused. Option (2) is correct: No conviction can be made without giving an opportunity to the accused or without hearing the accused.  Option (3) is incorrect: It is required always before the magistrate finds the accused guilty.  Option (4) is incorrect: It is a mandatory provision for the court.

Multiple choice

Which of the following is not an essential condition for application of res judicata?

  1. Previous suit was finally heard and decided by the court of competent jurisdiction.

  2. Previous suit must be pending before a court.

  3. Parties in previous and the subsequent suit must be the same.

  4. Subject matter of previous and the subsequent suit must be the same.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction. Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court. Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata. Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

Multiple choice

During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party. Such question shall be determined by the

  1. court which passed the decree

  2. court executing the decree

  3. appellate court

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

Option (1) is incorrect: The court passing the decree cannot determine such question. Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree. Option (3) is incorrect: The appellate court cannot determine such question.

Multiple choice

In relation to FIR, which of the following statements is not correct?

  1. It is not a substantive evidence.

  2. It merely marks the beginning of the investigation.

  3. It can be used as a previous statement for any purpose.

  4. The informant need not be an eye witness.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: FIR made under Section 154 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence. Option (2) is incorrect: FIR is an initial process to start an investigation of an offence. Option (3) is correct: An FIR is just to inform the police about an offence, but this information or statement by the informant cannot be used as evidence or previous statement for any purpose in further proceedings of a case.

Option (4) is incorrect: The informant need not be an eye witness of an offence. A person having a knowledge of an offence can inform the police.

Multiple choice

Which of the following are matched incorrectly?

i. Habeas Corpus – ‘To produce the body’ ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’ iii. Prohibition – ‘Issued to a lower court quashing a decision or order’ iv. Mandamus – ‘Commands a person to perform a public duty’

  1. i, ii and iii

  2. ii and iii

  3. ii, iii and iv

  4. ii and iv
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. 

Multiple choice

Which of the following statements is correct?

  1. Gullappalli Nageswara Rao Vs. State of AP is about bias.

  2. K. L. Tripathi Vs. State Bank of India is about the right of cross examination.

  3. General Medical Council Vs. Spaekmen is about irrelevance of principles of natural justice; if in reaching a decision, the principles make no difference.

  4. N. Kalindi Vs. Tata Locomotives is about the right of representation by a lawyer considered as a part of natural justice and it can be claimed as of right.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

K. L. Tripathi Vs. State Bank of India is about the right of cross examination.

Multiple choice

Which of the following statements is correct?

  1. While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

  2. Mandamus can be issued for a declaration that an Act is ultra vires the Constitution and certiorari can also be issued for correcting that defect.

  3. Certiorari can be issued against a quasi-judicial authority to prevent it from exercising jurisdiction not vested in it. Mandamus cannot be issued for that purpose.

  4. Certiorari cannot be issued against usurping a public officer, but Mandamus can be issued for that purpose.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

Multiple choice

Which of the following facts does not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence?

  1. A statement is known to be false.

  2. A statement is believed to be false.

  3. A statement is not believed to be true.

  4. An offence is committed, but not affirmed.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option 4 does not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence.

Multiple choice

Which of the following statements is correct?

  1. A quasi-judicial body may never review its own decision unless authorised by the statute.

  2. A quasi-judicial body may review its own decision if there is a grave error of law in it.

  3. A quasi-judicial body may review its own decision if there is a violation of natural justice.

  4. All tribunals may review their decisions.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A quasi-judicial body may never review its own decision unless authorised by the statute.

Multiple choice

Abuse of discretion can be inferred from which of the following circumstances?

(i) Non-application of mind (ii) Colourable exercise of power (iii) Non-observance of audi alteram partem (iv) Irrelevant considerations

  1. Only (i)

  2. Only (i) and (ii)

  3. Only (ii) and (iii)

  4. Only (ii), (iii) and (iv)

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An abuse of discretion is a failure to take into proper consideration the facts and law relating to a particular matter. Abuse of discretion can be inferred from colourable exercise of power, non-observance of audi alteram partem and irrelevant considerations. Colourable exercise means that under the “colour” or “guise” of power conferred for one purpose, the authority is seeking to achieve something else which it is not authorised to do under the law in question, then the action of the authority shall be invalid and illegal.

Multiple choice

Which of the following statements are correct?

In order that a person can be called a holder in due course, he must show i. that he is the drawer of the negotiable instrument ii. that he has obtained it without consideration iii. that he has obtained it before the maturity of the negotiable instrument iv. that he has obtained the negotiable instrument in good faith

  1. i and ii

  2. ii and iii

  3. iii and iv

  4. i and iv

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

In order that a person can be called a holder in due course, he must show that he has obtained it before the maturity of the negotiable instrument and he has obtained the negotiable instrument in good faith.