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
  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
  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
  1. locating errors of complete omission

  2. locating errors of principle

  3. clerical errors

  4. All of the above

  5. None of these

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

Only clerical errors can be located by trial balance differences.

Multiple choice
  1. Summons issued by the court

  2. Reply if you please

  3. Roll of Honour

  4. Etiquette

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

Répondez s'il vous plaît (RSVP) is French for 'reply if you please' or 'please respond'. It's used on invitations to request that guests confirm their attendance.

Multiple choice
  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.

Multiple choice
  1. To be arrested

  2. We demand

  3. Who is objecting?

  4. We order

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

Quo Warranto is a Latin legal term meaning 'by what warrant/authority.' It's a writ issued to question by what authority a person holds a public office. Among the options, 'We order' is closest to its meaning - it's an authoritative demand to justify holding office.

Multiple choice

It can be inferred from the passage that a jurors ethnic background and religious affiliation

Directions: This question is based on the following reading passage. Choose the best answer to the question on the basis of what is stated or implied in the passage.

Juror anonymity was unknown to American common law and jurisprudence in the country’s first two centuries. Anonymity was first employed in federal prosecutions of organized crime in New York in the 1980's. Although anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases, such as the federal prosecution of police officers accused of beating Rodney King and the trial of those accused of the 1993 World Trade Center bombing.
In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religious affiliations remained unknown to either side. This unorthodox procedure, designed to protect jurors from outside influence and the fear of retaliation, has occasionally been employed in New York federal courts since the trial of drug kingpin Leroy "Nicky" Barnes. Despite apparent benefits, critics assail anonymous juries on the grounds that they are an infringement of the sixth amendment guarantee of an impartial jury and because they present a serious and unnecessary erosion of the presumption of innocence.
Since many attorneys believe trials are frequently won or lost during jury selection, any procedure diminishing the role of counsel in the procedure necessitates close scrutiny and criticism. Opponents of anonymous juries argue that the procedure restricts meaningful voir dire, (questioning of the jury panel), and thereby undermines the defendant's sixth amendment right to an impartial jury. Critics also claim that jurors interpret their anonymity as proof of the defendant's criminal proclivity, thereby subverting the presumption of innocence.
However, consistent with due process and the sixth amendment, the trial judge may refuse to ask prospective jurors any questions not reasonably calculated to expose biases or prejudices relevant to the case. Although addresses and group affiliations may indicate significant potential for bias, attorneys do not have an unfettered right to this information in every circumstance. Denying access to these facts may indeed constrain an attorney's ability to assemble an ideal jury, but it violates no constitutional right.

 

  1. is considered by defendants not to have a significant effect on the outcome of their trials

  2. is considered by defendants to have a significant effect on the outcome of their trials

  3. would be unlikely to have a significant effect on the verdict of a trial

  4. is considered by attorneys likely to have a significant effect on the verdict of a trial

  5. is considered by attorneys unlikely to have a significant effect on the verdict of a trial in a widely publicized case

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

The best answer is (4). In paragraph three it states that many attorneys believe trials are frequently won or lost during jury selection. The passage gives no information on what defendant think about anonymous juries.

Multiple choice

One function of the fourth paragraph of the passage is to

Directions: This question is based on the following reading passage. Choose the best answer to the question on the basis of what is stated or implied in the passage.

Juror anonymity was unknown to American common law and jurisprudence in the country’s first two centuries. Anonymity was first employed in federal prosecutions of organized crime in New York in the 1980's. Although anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases, such as the federal prosecution of police officers accused of beating Rodney King and the trial of those accused of the 1993 World Trade Center bombing.
In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religious affiliations remained unknown to either side. This unorthodox procedure, designed to protect jurors from outside influence and the fear of retaliation, has occasionally been employed in New York federal courts since the trial of drug kingpin Leroy "Nicky" Barnes. Despite apparent benefits, critics assail anonymous juries on the grounds that they are an infringement of the sixth amendment guarantee of an impartial jury and because they present a serious and unnecessary erosion of the presumption of innocence.
Since many attorneys believe trials are frequently won or lost during jury selection, any procedure diminishing the role of counsel in the procedure necessitates close scrutiny and criticism. Opponents of anonymous juries argue that the procedure restricts meaningful voir dire, (questioning of the jury panel), and thereby undermines the defendant's sixth amendment right to an impartial jury. Critics also claim that jurors interpret their anonymity as proof of the defendant's criminal proclivity, thereby subverting the presumption of innocence.
However, consistent with due process and the sixth amendment, the trial judge may refuse to ask prospective jurors any questions not reasonably calculated to expose biases or prejudices relevant to the case. Although addresses and group affiliations may indicate significant potential for bias, attorneys do not have an unfettered right to this information in every circumstance. Denying access to these facts may indeed constrain an attorney's ability to assemble an ideal jury, but it violates no constitutional right.

 

  1. qualify the extent to which a previously introduced viewpoint may be relevant

  2. expose the flaw in a criticism put forth in a previous paragraph

  3. introduce information that supports a theory put forth in a previous paragraph

  4. support an argument in favor of a given interpretation of a situation

  5. show the chain of reasoning that led to the conclusions of a specific study

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

The best answer is (2). Critics of anonymous juries base their arguments on the fact that these juries are unconstitutional. In the fourth paragraph, the author explains that while anonymous juries may not be ideal, they are not unconstitutional.

Multiple choice
  1. explanation III to section 11

  2. explanation IV to section 11

  3. explanation VI to section 11

  4. explanation VII to section 11

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

Constructive res-judicata is contained in explanation IV of section 11 of the code of civil procedure as any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Multiple choice
  1. has to be recorded on oath

  2. has to be recorded without oath

  3. has to be recorded either on oath or without oath depending on whether the case is a summons trial or a warrant trial

  4. has to be recorded either on oath or without oath as per the discretion of the Court

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

No oath shall be administered to the accused when he is examined under section 313 sub-section (1) of the code of criminal procedure.

Multiple choice
  1. part only of the plaint can be rejected

  2. whole of the plaint is to be rejected

  3. part of the plaint or whole of the plaint can be rejected

  4. it is the discretion of the Court to reject the plaint in part

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

Under Order VII, Rule 11 of CPC, whole of the plaint is to be rejected.

Multiple choice
  1. by the death, insolvency or insanity of the principal

  2. by the death, insolvency or insanity of the agent

  3. by the death, insolvency or insanity of either the principal or the agent

  4. by the death, insolvency or insanity of the principal and the agent both

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

Agency stands terminated by the death, insanity or insolvency of either the principal or the agent.

Multiple choice
  1. Dismissal in default

  2. Rejection of a plaint

  3. Both (1) and (2)

  4. Neither (1) nor (2)

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

Section 2(2) of the code of civil procedure defines “decree” as the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include - (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default.