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

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. 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

Match the following:

 
List – I List – II
a. Scienti non fit injuria i. Where there is remedy, there is a right.
b. Qui facit per alium facit per se ii. He who does an act through another is deemed in law to do it himself.
c. Ubi jus ibi remedium iii. No injury is done to one who knowingly does an act.
d. Ubi remedium ibi jus iv. Where there is wrong, there is remedy.

  1. a – iii, b – iv, c – i, d – ii

  2. a – iv, b – iii, c – ii, d – i

  3. a – iii, b – ii, c – iv, d – i

  4. a – i, b – ii, c – iii, d – iv
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

a – iii, b – ii, c – iv, d – i

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.

Multiple choice

If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to

  1. defamation of a company

  2. innuendo

  3. defamation of public figures

  4. defamation of class of persons
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to defamation of class of persons.

Multiple choice

The rule of sub judice implies that

  1. where the same subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on

  2. where the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on

  3. where the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on

  4. All of the above

  5. None of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The rule of res sub judice under Section 10 of the Code of Civil Procedure provides that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituting suit between the same parties, where such suit is pending in the same or any other court in India.

Multiple choice

The court frames the issues on the basis of

  1. allegations made on oath by the parties or their pleaders

  2. allegations made in the pleadings

  3. allegations made in answer to interrogatories

  4. All of the above

  5. None of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

All of the above are valid points from which the court may frame issues. All are valid points from which the court may frame issues.

Multiple choice

Who shall bear the expenses for the summoning of a witness?

  1. The plaintiff

  2. The defendant

  3. The party applying for the summons

  4. The court

  5. The witness himself
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The party applying for summons for calling the witness shall bear the expenses to be paid in the court and to the witness for procuring his attendance.

Multiple choice

Which of the following is not a sufficient cause for granting adjournment?

  1. Sickness of a party, his witness or his counsel

  2. Non-service of summons

  3. Reasonable time for preparation of a case

  4. Non-examination of a witness present in the court

  5. None of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

If a witness present in the court has not examined, the court cannot adjourn the hearing and will hear both the parties and their witnesses.

Multiple choice

Non est factum means

  1. document executed in ignorance

  2. document executed under coercion

  3. document executed under undue influence

  4. document executed outside India

  5. None of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A claim of non est factum means that the signature on a contract was signed by mistake, without the knowledge of its meaning, but was not done so negligently. A successful plea makes the contract void ab initio.