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
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ignorance of law is no excuse
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ignorance of fact is no excuse
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ignorance of law is an excuse
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ignorance of fact is an excuse
A
Correct answer
Explanation
The Latin maxim 'ignorantia juris non excusat' (corrected from 'ignorantia furls') means ignorance of law is no excuse. This fundamental legal principle holds that everyone is presumed to know the law, and not knowing the law cannot be used as a defense. This differs from ignorance of fact, which may sometimes be a valid defense (mistake of fact).
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provocation should not be voluntarily provoked by the offender
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lawful exercise of the right of private defence does not give provocation
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lawful exercise of powers by a public servant in obedience to the law does not amount to provocation
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All the above
D
Correct answer
Explanation
Section 300 Exception 1 (grave and sudden provocation) has specific limitations: (a) provocation must not be sought or voluntarily provoked by the offender as a pretext for revenge, (b) lawful exercise of right of private defence is not provocation, (c) lawful act by public servant in good faith is not provocation. All these restrictions prevent abuse of the provocation defense.
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question of fact
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question of law
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mixed question of fact & law
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a presumption under the law
A
Correct answer
Explanation
Whether provocation was 'grave and sudden' under Exception 1 to Section 300 IPC is a QUESTION OF FACT, not law. Courts must examine the specific circumstances - nature of provocation, time interval, victim's conduct - based on evidence. Each case is fact-specific; no universal rule defines what qualifies. The standard varies with context and the accused's sensibilities.
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Valid
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Void
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Voidable
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Irregular
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None of these
C
Correct answer
Explanation
As a general rule, wakf property is inalienable. Unless authorised by the deed of wakf, a mutawalli has no power to alienate the property without the sanction of the court. An alienation made by a mutawalli without the prior permission of the court is voidable.
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Privilege Motion
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Adjournment Motion
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No Confidence Motion
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Censure Motion
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Closure Motion
B
Correct answer
Explanation
It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance.
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Traditional rights
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Customised rights
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Customary rights
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Translucent rights
C
Correct answer
Explanation
Customary rights are rights that become established through long-standing customs and traditions rather than formal laws. These rights are recognized by communities because they have been practiced over time and accepted as legitimate practices. The term directly reflects its origin from customs.
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Follows human behavior
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prescribes Rules`
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Is supreme will
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none
B
Correct answer
Explanation
Law is a system of prescribed rules that govern human behavior in society. It establishes standards, maintains order, resolves disputes, and protects liberties and rights. Law follows human behavior but also prescribes rules that shape future behavior - option B captures this prescriptive nature best.
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The writ of habeas
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The writ of prohibition
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The writ of certiorari
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The writ of mandamus
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The writ of quo warranto
E
Correct answer
Explanation
The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ, the court inquires 'by what authority' the person supports his or her claim.
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An accomplished act
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Within the powers
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Beyond the powers
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With a guilty mind
C
Correct answer
Explanation
Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done without such authority, it is called ultra vires.
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stare decisis
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commercial impracticability
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substantial performance
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nolo contendere
A
Correct answer
Explanation
Adherence to precedent is the doctrine of stare decisis, a Latin phrase meaning 'to stand by things decided.' This foundational principle of common law requires courts to follow previous judicial decisions (precedents) when ruling on cases with similar facts and legal issues. It ensures consistency and predictability in the legal system.
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issues
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claims
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causes of actions
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debts
C
Correct answer
Explanation
Order 2 Rule 3 of the CPC permits joinder of causes of action - multiple legal grounds for relief arising from different transactions but against the same defendant. This promotes judicial efficiency by avoiding multiplicity of suits.
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Doctrine of Estoppel
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Dying Declaration
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Cross Examination
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Accomplice
B
Correct answer
Explanation
Pakala Narain Swamy v. Emperor is a landmark case on dying declarations, establishing that a dying declaration is admissible even if not explicitly certified by a magistrate, provided it meets the criteria of Section 32(1) of Indian Evidence Act.
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Written evidence
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Oral evidence
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Not admissible in evidence
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It depends on the discretion of the Court to accept it or not
B
Correct answer
Explanation
Under Section 119 of Indian Evidence Act, 1872, evidence given by a dumb witness through writing or signs in open court is deemed to be oral evidence and is fully admissible. The witness must be administered questions in writing and answer in writing or signs.
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Bannu Mal v Emperor
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Mehaboob Shah v King Emperor
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Barendra Kumar Ghosh v Emperor
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Srinivas Barolia v Emperor
B
Correct answer
Explanation
In Mehaboob Shah v King Emperor (1945), the Privy Council distinguished between 'common intention' (Section 34 IPC) and 'similar intention'. Common intention requires a prior plan or meeting of minds, while similar intention means several persons had the same intention independently. This case established that common intention cannot be inferred merely from similar acts.
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Fact does not exist
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Non-existence probable
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Court has doubt
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Neither proved nor disproved.
D
Correct answer
Explanation
Under Section 3 of the Indian Evidence Act, 'Not proved' means a fact is neither proved nor disproved - the court believes the fact's existence is not proven, but its non-existence is also not clearly established. It's a state of uncertainty. 'Not proved' doesn't mean the fact doesn't exist (that's 'disproved'), nor that it definitely exists (that's 'proved'). The court simply lacks sufficient evidence either way.