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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certiorari
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mandamus
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quo warrants
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habeous corpus
A
Correct answer
Explanation
A writ of certiorari is issued by the Supreme Court or any High Court to an inferior Court or tribunal for quashing the order already passed on the ground of exceeding jurisdiction vested by law or acting in violation of the rules of natural justice.
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the judgment debtor
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judgment debtor’s debtor
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judgment debtor’s creditor
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None of these
B
Correct answer
Explanation
Garnishee means a judgment debtor’s debtor. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. A third person or party in whose hands money is attached by process of court so called because he had garnishment or warning that not to pay the money to the defendant, but to appear and answer to the plaintiff creditor’s suit.
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non-performance of private duty
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specific performance of contract
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non-performance of public duty
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None of these
C
Correct answer
Explanation
A writ of mandamus is issued from a court of superior jurisdiction that commands an inferior tribunal, municipal corporation or individual to perform or refrain from performing a particular act, the performance or omission of which is required by law as an obligation.
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if it does not disclose a cause of action
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if it is filed in the wrong Court
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if proper parties are not added
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None of these
A
Correct answer
Explanation
Under Order VII Rule 11 clause (a) of Code of Civil Procedure, it has been provided that a plaint shall be rejected if it does not disclose a cause of action.
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the judgment is erroneous
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there is error apparent on the face of the record
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the matter is important and requires rehearing
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None of these
B
Correct answer
Explanation
An application can be filed for review of a judgment if there is error apparent on the face of the record.
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relating to an offence and not being a warrant case
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relating to an offence punishable with seven years
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where summons are issued
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None of these
A
Correct answer
Explanation
As per Section 2(x), "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
As per Section 2(w), "summons-case" means a case relating to an offence, and not a warrant-case.
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a police officer has no authority to arrest without warrant
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a police officer has authority to arrest without warrant
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a police officer may arrest, but inform the higher authority afterwards
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None of these
A
Correct answer
Explanation
In the case of a non-cognizable offence, a police officer does not have the authority to make an arrest without a warrant and an investigation cannot be initiated without a court order.
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the affected party should be heard
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freedom from bias
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notice must be given
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None of these
B
Correct answer
Explanation
Nemo judex in causa sua is a Latin phrase that means literally "no-one should be a judge in his own cause." It is a principle of natural justice that no person can judge a case in which he has an interest.
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Certiorari
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Prohibition
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Quo Warranto
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Mandamus
D
Correct answer
Explanation
Mandamus is a writ issued by a court to a public official or government body to perform a public duty they have failed to perform. It is often used to compel authorities to act in accordance with the law.
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Only I
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Only II
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Only III
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I, II and III
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None of the above
D
Correct answer
Explanation
All the above statements are correct as an offence of assault has been made out in all of them.
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it is not enforceable in a court of law
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it has been amended twice
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All the above are correct
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none of these
A
Correct answer
Explanation
The Preamble is not enforceable in courts (not justiciable) - it's a part of the Constitution but courts cannot enforce its provisions. It has been amended only ONCE (42nd Amendment, 1976 adding 'socialist', 'secular', 'integrity'), not twice. Since A is correct and B is wrong, 'All of the above' cannot be correct.
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it should be used only when other means have failed
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it is generally the best use for the first offense to show that nonsense will not be tolerated
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it is a sign of poor discipline
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it is generally advisable, since the principal is ultimately responsible for the discipline in his school
A
Correct answer
Explanation
Modern educational philosophy emphasizes progressive discipline - teachers should handle minor issues in the classroom and only refer serious or persistent cases to administration. This approach preserves the principal's time for major issues while helping students learn from graduated consequences. Immediate escalation for first offenses is considered outdated.
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Permanent physical disability
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Partial but serious physical disability
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Disability due to poverty
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None of these
D
Correct answer
Explanation
Option (4) is correct: None of the above mentioned disabilities comes under Section 6 of Limitation Act. Legal disabilities under Section 6 of the Limitation Act are insanity, minority and idiocy.
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Only A
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Only B
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Only C
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Both A and C
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Both A and B
D
Correct answer
Explanation
Both the statements are correct.
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When a part of statute is unconstitutional, the whole statute is unconstitutional.
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When a part of statute is unconstitutional, it can be separated from statute.
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When a part of statue is unconstitutional, it does not affect the whole statute.
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When a part of statute is unconstitutional, the whole statute is unenforceable.
B
Correct answer
Explanation
Right- It is a correct statement according to the doctrine of severability.