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

What is the meaning of per incurium?

  1. A decision which ignores a statute on the subject

  2. A decision which ignores the case law on the subject

  3. A decision which ignores the constitution on the subject

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

Per incurium, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.

Multiple choice

For an action of nuisance defendant can put up the following defence. (i) The place is suitable for the purpose. (ii) It is for the benefit of the residents of the locality. (iii) It is done under statutory authority. (iv) Plaintiff has consented to the act. Of the above statement:

  1. (i), (ii) and (iii) are correct

  2. (ii), (iii) and (iv) are correct

  3. (i), (iii) and (iv) are correct

  4. (iii) and (iv) are correct
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

For nuisance, statutory authority (iii) is a complete defense - if authorized by law, it cannot be nuisance. Consent by plaintiff (iv) is also a valid defense - volenti non fit injuria. However, 'suitability for purpose' (i) is NOT a defense - doing something suitable in the wrong place can still be nuisance. 'Benefit to residents' (ii) is NOT a defense - public benefit does not negate private nuisance.

Multiple choice

The term MALFEASANCE applies to:

  1. the commission of an unlawful act

  2. the improper performance of some lawful act

  3. the failure to form some act for which there is an obligation to perform

  4. A, B and C all are correct
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Malfeasance refers to the commission of an unlawful act - it is the doing of an act that is legally wrongful. This distinguishes it from misfeasance (improper performance of a lawful act) and non-feasance (failure to perform an act when there is a duty to act). Malfeasance involves active wrongdoing rather than passive failure or improper execution.

Multiple choice

Res Ipsa loquitur means:

  1. as you sow, you reap

  2. guilty shall be punished

  3. the thing speaks for itself

  4. the guilty speaks lies
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Res Ipsa Loquitur means 'the thing speaks for itself' - a legal doctrine where negligence can be inferred from the very nature of an accident, even without direct evidence of negligent conduct. It applies when the accident would not normally occur without negligence, the instrumentality was under defendant's control, and plaintiff did not contribute to the incident.

Multiple choice

Res ipsa Loquitur is:

  1. weapon of defence

  2. weapon of offence

  3. a defence of some factor which was beyond the control of the person who caused injury

  4. a dangerous weapon
Reveal answer Fill a bubble to check yourself
A Correct answer
Multiple choice

The exercise of ordinary rights for a lawful purpose and in a lawful manner is no wrong even if it causes damage. This is known as

  1. Volenti non fit injuria

  2. Injuria sine damnum

  3. Damnum sine injuria

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

Damnum sine injuria refers to damage or loss without infringement of legal rights. When someone exercises their ordinary lawful rights, even if it causes harm to another, it is not legally wrong because no legal right has been violated. This distinguishes lawful acts causing harm from wrongful acts causing injury to legal rights.

Multiple choice

In which of the following statement “Undue Influence” does not exist:

  1. When dominating party holds real or apparent authority

  2. When a person's mental capacity is affected because of bodily distress

  3. When a person threatens another to commit suicide

  4. When the party holds fiduciary relationship
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Undue influence requires unfair pressure from a dominating position. Bodily distress affecting mental capacity does not constitute undue influence - it may affect consent through other doctrines (like incapacity), but undue influence specifically requires one party to dominate the will of another through real or apparent authority, fiduciary relationship, or similar power imbalance. Threatening suicide would be coercion, not undue influence.

Multiple choice

When the court declares certain provisions of the Act invalid, it does not affect the validity of the Act and it remains the same. The principle is known as

  1. doctrine of prospective over ruling

  2. doctrine of severability

  3. doctrine of pleasure

  4. doctrine of eclipse
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Doctrine of severability or separability states that when a part of the statute/act is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid.

Multiple choice

Limitations on the scope of the doctrine voIenti non - fit injuria are:

  1. Rescue cases

  2. Statutory authority

  3. Both 1 and 2

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

Volenti non fit injuria (voluntary assumption of risk) has key limitations. In rescue cases, a rescuer who intervenes to help someone who voluntarily took a risk cannot be volenti-barred from suing. Similarly, statutory authority provides a complete defense and overrides volenti. Both are recognized exceptions to the doctrine.

Multiple choice

The Jural Correlative of Right' is:

  1. Privilege

  2. Possession

  3. Dut

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

The jural correlative of a right is a duty. In legal theory, every right corresponds to a duty owed by someone else. For instance, if you have a right to property, others have a duty not to interfere with it. This fundamental concept underpins the entire structure of legal rights and obligations in jurisprudence.

Multiple choice

A toil is a violation of:

  1. Right in Personal

  2. Right in Rem

  3. Either right in Personal or right in rem

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

A tort can violate either a right in personam (personal right) or a right in rem (right against the world). For example, trespass to land violates a right in rem, while defamation violates a right in personam. The key distinction is that rights in rem are available against the world at large, while rights in personam are enforceable only against specific individuals.

Multiple choice

Which of the following writ can be issued against the usurpation of Public Office?

  1. Writ of Mandamus

  2. Writ of Certiorari

  3. Writ of Quo warranto

  4. Writ of Prohibition
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Quo warranto is the specific writ issued by the courts to prevent illegal usurpation of a public office. It literally means 'by what authority' and challenges the holder to show the legal basis for their claim to the office. Mandamus directs action, Certiorari quashes illegal orders, and Prohibition prevents lower courts from exceeding jurisdiction.

Multiple choice

Res Ipsa Loquitur means:

  1. The thing speaks for itself

  2. The thing speaks for others

  3. The thing does not speak for itself

  4. The thing is a Manifestation of others
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Res Ipsa Loquitur is a Latin maxim meaning 'the thing speaks for itself.' It is a doctrine in tort law where negligence can be inferred from the very nature of the accident or injury, without needing direct evidence of the defendant's breach of duty. It applies when the accident would not normally occur without negligence.