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

Agency by ostensible authority may happen in the following ways:

  1. By estoppel

  2. By a legal presumption

  3. By holding-out

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

Agency by ostensible authority occurs when a principal's words or conduct lead a third party to reasonably believe that an agent has authority, even if no actual authority was granted. This can arise through estoppel (the principal is prevented from denying the agent's authority), legal presumption, or holding-out (where the principal represents the agent as having authority).

Multiple choice

Where a person asserts something which is not true, though he believes it to be true, his assertion amounts to

  1. coercion

  2. undue Influence

  3. fraud

  4. misrepresentation
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Misrepresentation occurs when someone makes a false statement believing it to be true. It differs from fraud (which requires knowledge of falsity), coercion (which involves threats), and undue influence (which involves unfair pressure). The key element is the absence of intent to deceive.

Multiple choice

Which of the following is a requirement for misrepresentation to exist?

  1. Misrepresentation should relate to a material fact.

  2. The person making a misrepresentation should not believe it to be true.

  3. It must be made with an intention to deceive the other party.

  4. All of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

For misrepresentation to exist in contract law, the false statement must relate to a MATERIAL fact - something that would influence a reasonable party's decision to enter the contract. Option B is incorrect because the person may innocently believe a false statement (innocent misrepresentation). Option C is incorrect because misrepresentation doesn't require intent to deceive (that's fraud). The key requirement is materiality of the fact misrepresented.

Multiple choice

Consent is not said to be free when it is caused by

  1. coercion

  2. undue influence

  3. fraud

  4. all of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Consent is not free when caused by coercion (physical threats), undue influence (moral dominance), fraud (active deception), or misrepresentation (false statements). All these factors vitiate free consent, making all options correct.

Multiple choice

A member of the Legislative Assembly (LA) attracts disqualification if he (a) holds any office of profit (b) acquires the citizenship of a foreign state (c) is of unsound mind and stands so declared by court (d) is a discharged insolvent

  1. Only (a)

  2. Only (a) and (b)

  3. Only (a), (b) and (c)

  4. Only (d)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

If a member of the Legislative Assembly is declared in insolvent and he is not discharged by a court of law, the member is disqualified.

Multiple choice

The two elements of corpus and animus are necessary for

  1. commencement of possession as well as for continuance of possession

  2. commencement of possession, but possession will continue even if one or both the elements are lost

  3. commencement of possession, but only animus is required for continuance of possession

  4. commencement of possession, but only corpus is required for continuance of possession
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The two elements of corpus and animus are necessary for commencement of possession as well as for continuance of possession. The Romans called the mental element as animus and the subject element as corpus. 

Multiple choice

Defamation can be

  1. only of a living person

  2. of a deceased person

  3. of a living as well as deceased person

  4. of an individual, a company, an association or collection of persons

  5. Both 3 and 4
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

As provided under Explanation I of section 499, defamation may be of a deceased person with the intention to hurt the feelings of his family or near relatives. Explanation II of section 499 states that defamation may be concerning a company, an association or a collection of persons. Defamation is the communication of a false statement that harms the reputation of an individual person, whether living or dead or real or imaginary, business, government, religion or nation.

Multiple choice

Defamation is concerned with

  1. character of a person

  2. Reputation of a person

  3. Behaviour of a person

  4. Both 1 and 2

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

The ‘character’ of a person is what a person “actually is”, while ‘reputation’ is what neighbours and other say, “what he is”. Defamation is concerned with the reputation.

Multiple choice

The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of ___________ in their relation to the facts of the particular case.

  1. natural events

  2. human conduct

  3. public and private business

  4. All of the above
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Section 114 of Indian Evidence Act, the Court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. 

Multiple choice

Which of the following distinctions of a confession from an admission is not correct?

  1. Where conviction can be based on statement alone, it is a confession and where some supplementary evidence is needed to authorise a conviction, it is an admission.

  2. Confession is defined whereas admission is not defined in the Indian Evidence Act.

  3. If the prosecution relies on a statement as being true, it is confession and if the statement is relied on because it is false, it is admission.

  4. In criminal cases, a statement by accused, not amounting to confession, but giving rise to inference that the accused might have committed the crime, is his admission.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Admission is defined in the Indian Evidence Act, whereas confession is not defined.

Multiple choice

Tape recorded conversation is relevant as an evidence on satisfying the following conditions, except

  1. the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it

  2. accuracy of what was actually recorded has to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, has to be there, so as to rule out the possibility of tampering with the record

  3. tape recording must not be before 3 months of the production

  4. the subject matter recorded has to be shown relevant according to the rules of relevancy in the Evidence Act
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Tape recorded conversation is relevant as an evidence on satisfying the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it.

Multiple choice

Consent is not said to be free when it is caused by

  1. coercion

  2. undue influence

  3. fraud

  4. all of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Consent is not free when obtained through coercion, undue influence, or fraud. All three factors undermine voluntary agreement. Free consent must be given without pressure, manipulation, or deception.

Multiple choice

The maxim 'delegates non protest delegate' means

  1. a person whom authority has been given cannot delegate the authority to another

  2. a person whom authority has been given can delegate the authority to another with prior permission

  3. a person whom authority has been given to indemnify agent for injury caused by principal's neglect can delegate the authority

  4. that authority can be delegated under protest by the person to whom it has been given
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The maxim 'delegatus non potest delegare' (corrupted in the question as 'delegates non protest delegate') means a delegate cannot delegate their authority to another. This principle of agency law states that when authority is delegated to a person, they must exercise it personally unless the original principal authorizes sub-delegation. This prevents unauthorized passing of responsibility and maintains accountability in agency relationships.

Multiple choice

Consent is not said to be free when it is caused by

  1. coercion

  2. undue influence

  3. fraud

  4. all of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Free consent requires absence of coercion, undue influence, fraud, misrepresentation, and mistake. When consent is vitiated by any of these factors, the contract becomes voidable at the option of the aggrieved party. All three options (coercion, undue influence, fraud) are recognized grounds that make consent unfree.