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

Whenever a charge is altered or added to by the court after the commencement of a trial, the prosecutor and the accused

  1. shall be allowed to recall or resummon and examine with reference to such alteration or addition any witness who may have been examined

  2. shall be allowed to recall or resummon and examine with reference to such alteration or addition any witness who may have been examined, unless the court for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice

  3. shall not be allowed to recall or resummon and examine with reference to such alteration or addition any witness who may have been examined

  4. shall not be allowed to recall or resummon and examine with reference to such alteration or addition any witness who may have been examined because such witness may be vexed

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

Under Section 217 of the Code of Criminal Procedure, whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-summon, and examine with reference to such alteration or addition any witness who may have been examined, unless the court for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice. 

Multiple choice

Propositions regarding confession of a co-accused, not required to be on oath and cannot be tested by cross examination are

(i) no evidence within the meaning of S.23 of Evidence Act and cannot be the foundation of a conviction (ii) the only limited uses which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists (iii) a weak type of evidence and is much weaker than the evidence of an approver

  1. Only (ii) and (iii) are correct

  2. Only (i) and (iii) are correct

  3. Only (i) and (ii) are correct

  4. (i), (ii) and (iii) are correct
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Propositions regarding confession of a co-accused, not required to be on oath and cannot be tested by cross examination are the only limited uses which can be made of a confession of a co-accused by way of furnishing an additional reason for believing such other evidences as exists and is a weak type of evidence and is much weaker than the evidence of an approver.

Multiple choice

A dispute regarding handwriting can be proved by

  1. calling an expert

  2. examining a person acquainted with the handwriting of the writer of the questioned document

  3. Both (1) and (2)

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

A dispute regarding handwriting can be proved by calling and expert or examining a person acquainted with the handwriting of the writer of the questioned document.

Multiple choice

“The doubt, the benefit of which the accused is entitled, must be such as, rational thinking, sensible man may fairly and reasonably entertain, not the doubts of a vacillating mind that has not the moral courage to decide but shelters itself, in a vain and idle skepticism. There must be doubt which a man may honestly and conscientiously entertain.”

  1. Cockburn

  2. Lord Halsbury

  3. Lord Black

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

Cockburn, C.J. said, "the doubt, the benefit of which the accused is entitled, must be such as rational thinking sensible man may fairly and reasonably entertain, not the doubts of a vacillating mind that has not the moral courage to decide but shelters itself, in a vain and idle skepticism.

Multiple choice

Which of the following does not form part of Actus Reus?

  1. Thought of conduct

  2. Result of conduct

  3. Circumstances as are specified by law

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

Thoughts alone can never be punished as crime. Lawmakers are hesitant to impose controls on what people may think, and such laws would also present profound problems of proof and enforcement.

Multiple choice

Under which of the following cases can a statute exclude mens rea?

  1. Public nuisance

  2. Cases in public interest

  3. Both of the above

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

A statute can exclude mens rea in case where the public nuisance or public interest is in issue. Mens rea by necessary implication may be excluded from a statute only where it is absolutely clear that the implementation of the object of the statute would otherwise be defeated. 

Multiple choice

The defence of consent has no application in cases of

  1. causing grievous hurt

  2. causing death

  3. Both (1) and (2)

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

For example, the offence of battery requires the application of 'unlawful' physical force, where the person consents to being touched, the application of force is 'lawful'. The defence of consent does not apply to all crimes. Indeed it can never be used for murder or grievous hurt.

Multiple choice

Relief of specific performance can be granted for enforcing

  1. civil rights

  2. penal laws

  3. civil rights and penal laws

  4. neither civil rights nor penal laws
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Under section 4 of the specific relief act, it has been provided that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. 

Multiple choice

Nemo debet bis vexari pro una et eadem causa means

  1. it is in the interest of state that there should be an end to litigation

  2. a judicial decision must be accepted as correct

  3. no one shall be vexed twice for one and the same cause of action

  4. where there is a right, there is a remedy
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Nemo debet bis vexari pro una et eadem causa means no one shall be vexed twice for one and the same cause of action.

Multiple choice

A witness who is unable to speak is called

  1. Dumb Witness

  2. Deaf Witness

  3. Unreliable Witness

  4. Hostile Witness
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Section 119 of the Indian Evidence Act defined dumb witness. It states that a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible.

Multiple choice

The intention of Law of Limitation is

  1. not to give a right where there is none

  2. to interpose a bar after a certain period to a suit to enforce an existing right

  3. Both (1) and (2)

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

Limitation laws suggest that all disputes/claims/remedies should be kept alive only for a legislatively fixed period of time for otherwise disputes would be immortal when man is mortal.

Multiple choice

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

  2. in which the court in first instance, shall issue a warrant of arrest against the accused

  3. relating to an offence punishable with imprisonment for a term not exceeding 2 years

  4. relating to an offence punishable with death, imprisonment for life or for a term exceeding two years
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

As per Section 2 (x) of code of criminal procedure, "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.