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

Which one of the following statements is incorrect?

  1. The governor is not answerable before any court for anything done in the exercise of his official duties.

  2. No criminal proceedings can be launched against the Governor during his term of office

  3. The Governor is entitled to a rent free official residence

  4. No legal proceedings can be instituted against him.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The question asks which statement is INCORRECT. Article 361 provides immunity to Governors - they are not answerable in court for official acts, and cannot face criminal proceedings during their term. However, they CAN face civil/legal proceedings for personal acts outside official duties. Option D is too absolute and therefore incorrect.

Multiple choice

Practising untouchability is

  1. violation of a constitutional right

  2. a criminal offence

  3. violation of a legal right only

  4. All of the above

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

Option (1) is correct: Practising untouchability is a violation of a constitutional right under article 17 of the Constitution. Option (2) is incorrect: Practising untouchability is not a criminal offence. Option (3) is incorrect: Only (1) Option (4) is incorrect: Practising untouchability is not a violation of a legal right.

Multiple choice

In the case of a public nuisance, a suit for declaration and injunction may be instituted by two persons

  1. with the leave of the court

  2. having obtained the written consent of the advocate general

  3. Both (a) and (b)

  4. having obtained oral consent of the advocate general
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-(a) by the Advocate-General, or(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

Hence option (3) is correct.

Multiple choice

Can the appeal or revision court return the plaint under Order 7, Rule 10 of the CPC after setting aside the decree?

  1. No

  2. On technical ground

  3. With the consent of parties

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

Option (1) is incorrect: Can return the plaint

Option (2) is incorrect: No provision of technical grounds

Option (3) is incorrect: Consent of parties not required Option (4) is correct: Under Order VII, Rule 10 of the CPC, it is declared that a court of appeal or revision may return the plaint after setting aside the decree passed in a suit.
Multiple choice

Pleading means

  1. plaint only

  2. written statement only

  3. plaint and written statement

  4. plaint, written statement and replication
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

Option (2) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

Option (3) is correct: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement. Option (4) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

 

Multiple choice

Can a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper?

  1. No

  2. With the consent of next friend

  3. Yes

  4. Joint application with next friend
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

Option (2) is incorrect: Consent of next friend is not required.

Option (3) is correct: Under Order XXXII, Rule 14(1) of the CPC, a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper. Option (4) is incorrect: No joint application is required with next friend.
Multiple choice

The plaint shall be rejected by the court under Order 7, Rule 11(e) of the Civil Procedure Code if it is not filed in

  1. duplicates

  2. triplicates

  3. quadruplicates

  4. live copies
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: The plaint shall be rejected by the court under Order VII, Rule 11(e) of the Code of Civil Procedure if it is not filed in duplicates.

Option (2) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure.

Option (3) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure. Option (4) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure.

 

Multiple choice

The plaint shall not be rejected on the condition

  1. where it does not disclose a cause of action

  2. where it is not submitted by an advocate

  3. where the relief claimed is undervalued and is not corrected after the order of the court

  4. where the suit appears from the statement in the plaint to be barred by law
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(a) of the Code of Civil Procedure if it doesn’t disclose a cause of action.

Option (2) is correct: There is no such provision for the rejection of plaint where it is not submitted by an advocate.

Option (3) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(b) of the Code of Civil Procedure. Option (4) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(f) of the Code of Civil Procedure.
Multiple choice

If a document, which ought to be produced in the court along with the pleadings, is not produced under Order VII, Rule 14(3) of the CPC at the hearing of the suit, then the same shall not be received in evidence on behalf of the

  1. plaintiff

  2. defendant

  3. third party

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

Option (1) is correct: Under Order VII, Rule 14(3), a document which ought to be produced in the court by the plaintiff when the plaint is presented, but is not produced or entered accordingly, shall not without the leave of the court be, received in evidence on his behalf at the hearing of the suit.

Multiple choice

Review is maintainable when

  1. an appeal is provided, but no appeal is preferred

  2. no appeal is provided

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (3) is correct: Under Section 114 of the CPC, review is maintainable when an appeal is provided, but no appeal is preferred and when no appeal is provided.

Multiple choice

Where a suit abates or is dismissed under Order 22 of the CPC, on the same cause of action,

  1. a new suit may institute with the consent of parties

  2. a fresh suit may file, with prior permission of the court

  3. no fresh suit shall be brought

  4. a new suit may file if sufficient cause is shown

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: No fresh suit shall be brought on the same cause of action. Option (2) is incorrect: No fresh suit shall be brought on the same cause of action. Option (3) is correct: When a suit under Order 22 of the CPC abates or dismissed, no fresh suit shall be brought on the same cause of action. Option (4) is incorrect: No fresh suit shall be brought on the same cause of action whether sufficient cause is shown or not.

Multiple choice

A party filing affidavit in reply to interrogatories can

  1. be cross-examined upon it

  2. be contradicted by the other party on the basis of adduce evidence

  3. neither cross-examine nor adduce any evidence to contradict

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

Option (1) is correct: A party filing affidavit in reply to interrogatories can be cross-examined upon it by the other party.

Multiple choice

For the application of the principle res sub judice,

  1. suits must be between the same parties or litigating under the same title

  2. two suits must be pending for disposal in a court

  3. the matters in issue in the two suits must be directly and substantially the same

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

Option (4) is correct: Under Section 10 of the CPC, for the application of the principle res sub judice, suits must be between the same parties or litigating under the same title, must be pending for disposal in a court and the matters in issue in the two suits must be directly and substantially the same.

Multiple choice

FACTOTUM

  1. A person employed to do all kinds of jobs

  2. Judgement delivered in the Court of Law based on solid evidence

  3. Manipulating the facts and figures

  4. At first sight
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A "factotum" is a person employed to handle all kinds of tasks or work - essentially a general helper or jack-of-all-trades. The word comes from Latin meaning "do everything." Option A correctly identifies this as someone doing all kinds of jobs.