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.

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Legal Principles and Doctrines Questions

Multiple choice

Which of the following does not form part of the duty of a notary public?

  1. To charge reasonable notarial fees

  2. To keep a notarial register

  3. To affix to acknowledgment the date of the expiration of his commission as required by law

  4. To forward his notarial register, when filed, to the proper clerk of court
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) To forward his notarial register, when filed, to the proper clerk of court does not form part of the duty of a notary public.

Multiple choice

When will a proceeding be vitiated if the magistrate is not empowered to do so?

  1. To issue a search warrant under Section 94 of the CrPC

  2. To hold an inquest under Section 176 of the CrPC

  3. Tries an offender summarily

  4. To tender a pardon under Section 306 of the CrPC
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: Section 461 of the Code of Criminal Procedure deals with irregularities, which vitiate proceedings if the magistrate is not empowered to do so and to issue a search warrant under Section 94 of the CrPC by a magistrate, who is not authorised, does not come under this section. Option (2) is incorrect: To hold an inquest under Section 176 of the CrPC does not come under Section 461. Option (3) is correct: If a magistrate tries an offender summarily, who is not authorised to do so, will vitiate proceedings under Section 461. Option (4) is incorrect: To tender a pardon under Section 306 of the CrPC does not come under Section 461.

Multiple choice

Whenever a magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty, and that he ought to receive a severe punishment, then such magistrate is empowered to inflict. To whom may the magistrate forward the case?

  1. Sessions Judge

  2. Chief Judicial Magistrate

  3. District Magistrate

  4. Concerned police station
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: A magistrate cannot forward the case directly to the Sessions Court. Option (2) is correct: Under Section 325 of the Code of Criminal Procedure, whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind or more severe than that which such magistrate is empowered to inflict, he may record the opinion and submit his proceedings, and forward the accused to the Chief Judicial Magistrate to whom he is subordinate.

Option (3) is incorrect: No such provision to forward the case to the District Magistrate. Option (4) is incorrect: Trial is the procedure of the court. The concerned police station does not fall under authority to run a case after submission of FIR.

Multiple choice

Which of the following is not an unlawful consideration?

  1. A consideration opposed to public policy

  2. A consideration that defeats the provision of law

  3. A consideratin that is not endorsed by law

  4. Future consideration

  5. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A consideration may be past, present and future.

Multiple choice

A certificate of registration of a trade union is

  1. rebuttable evidence

  2. irrebuttable evidence

  3. conclusive evidence

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

(3) The Registrar on registering a Trade Union shall issue a certificate of registration in prescribed Form C, which shall be conclusive evidence that the Trade Union has been duly registered.

Multiple choice

If regulatory agencies act unfairly, then

  1. the court may intervene

  2. an appeal may be possible

  3. the court may not intervene

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

(4) If regulatory agencies act unfairly, then the court may intervene and appeal can be preferred.

Multiple choice

The Civil Service Act prevents the President or other executive branch officials from removing a “protected” employee unless there is just cause for the removal and the government follows an elaborate set of procedures to establish proper grounds for the removal. Does Morrison v. Olson cast constitutional doubt on this statute?

  1. Yes, because some of the protected employees carry out purely executive functions.

  2. No, because Morrison does not address the proper procedure for removal, only the grounds for removal.

  3. No, because Congress does not participate in the removal process.

  4. No, because removal of protected employees would not interfere with the ability of the President to perform his (or her) duties.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

No, because removal of protected employees would not interfere with the ability of the President to perform his (or her) duties. 

Multiple choice

Confessions made while in custody of police are

  1. irrelevant

  2. admissible

  3. inadmissible

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

Under Section 26 of Indian Evidence Act, confession while in the custody of police officer is not admissible in evidence unless it is made in the immediate presence of Magistrate.

Multiple choice

In first information, if an offence is cognizable and another is non-cognizable, then the whole case shall be deemed

  1. cognizable

  2. non-cognizable

  3. It is to be seen whether it is a warrant case.

  4. It is to be seen whether it is a summons case.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: Under Section 155(4) of the Code of Criminal Procedure, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. Option (2) is incorrect: It is not considered as a non-cognizable case. Option (3) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a warrant case. It is always taken as a cognizable case. Option (4) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a summons case. It is always taken as a cognizable case.

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.