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.

Constitutional doctrinesGuardianship rightsExpert testimony standardsCriminal trial instructionsContractual authorityRegistration law principles

Legal Principles and Doctrines Questions

Multiple choice

Under Section 31 of the Specific Relief Act, the essential conditions under which cancellation of an instrument may be ordered are

  1. that the written instrument is void or voidable against the plaintiff

  2. that the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding

  3. that in view of the circumstances, the court considers it as reasonable and necessary to cancel the document

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

The wording of section 31 of the specific relief act states that any person against whom a written instrument is void or voidable and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable and the court may in its discretion so adjudge it and order it to be delivered up and cancelled. 

Multiple choice

Which of the following is a consequence of non-recognition of a State?

  1. A recognised state cannot sue in the courts of non-recognis<font size="2">ing </font>state.

  2. An unrecognised state cannot sue in the courts of non-recognising state.

  3. A recognised state can sue in the courts of any state, whether recognised or not.

  4. An unrecognised state cannot sue in the courts of states recognised by UN.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

An unrecognised state cannot sue in the courts of the non-recognising state.

Multiple choice

Which of the following statements are correct in respect of the defence of fair comment in tort of defamation?

  1. The matter commented on must be of public interest.
  2. The comment must be an assertion of fact.
  3. The comment must be true.
  4. The comment must not be malicious.
  5. The comment must be an expression of opinion.

Select the correct answer using the codes given below:

  1. 1, 2 and 3

  2. 1, 4 and 5

  3. 2, 3 and 5

  4. 2, 4 and 5
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation
  1. The matter commented on must be of public interest.
    1. The comment must not be malicious.
    2. The comment must be an expression of opinion.
Multiple choice

Malicious prosecution is a tort against

  1. police excesses

  2. damaging the dignity of a person

  3. abuse of legal procedure

  4. violation of personal liberty
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Malicious prosecution is a common law intentional tort, and like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (a) brought without probable cause and (b) dismissed in favor of the victim of the malicious prosecution.

Multiple choice

Mens rea on the part of the accused is

  1. necessary in all the crimes

  2. not necessary at all

  3. necessary unless excluded expressly or by necessary implication

  4. not required to be proved by the prosecution
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Mens rea in criminal law is viewed as one of the necessary elements of all crimes. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus reus non facit reum nisi mens sit rea, which means "the act is not culpable unless the mind is guilty".

Multiple choice

Which of the following is required as an essential ingredient of ‘sedition’?

  1. Mala fide intention

  2. <font size="2">I</font>ntention to disturb the government established by law

  3. Intention to overthrow the government by resort to violent means

  4. Intention to bring or attempt to bring into hatred the government established by law
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

An offence of sedition requires bringing or attempting to bring into hatred or contempt or exciting or attempting to excite disaffection towards the Government of India.

Multiple choice

One of the remedies for false imprisonment is

  1. habeas corpus

  2. mandamus

  3. certiorari

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

If a person is unlawfully confined, than he can be released from such confinement by the writ of habeas corpus.

Multiple choice

Actus curiae neminem gravabit means

  1. the act of court shall harm no one

  2. grave acts cannot be pardoned

  3. remedy must cure the act

  4. all acts cannot be sued in a Court
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Actus curiae neminem gravabit is a Latin maxim which means an act of the court shall prejudice no one.

Multiple choice

A judgement debtor

  1. cannot be arrested

  2. can be arrested

  3. can be arrested and detained if certain conditions are fulfilled

  4. can be arrested and detained if certain conditions are fulfilled only in Civil Prison
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A judgment debtor may be arrested in execution of a decree at any hour and on any day and shall, as soon as practicable, be brought before the Court and his detention may be in the civil prison of the district in which the Court ordering the detention is situated.

Multiple choice

Suo Motu means

  1. in the matter

  2. suit filed

  3. of its own motion

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

Suo motu means "on its own motion," and is a Latin legal term.

Multiple choice

Decision on question of limitation

  1. operates as res juclicata

  2. does not operate as res judicata

  3. operates as res judicata, if not

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

Decision on the question of limitation, even if erroneous, operates as res judicata in subsequent proceedings.

Multiple choice

Maxim “res ipsa loquitur” means

  1. things speak for themselves

  2. he who cannot act by himself cannot act at all

  3. he who does an act through another is deemed in law to do it himself

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

It is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.