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.

Constitutional doctrinesGuardianship rightsExpert testimony standardsCriminal trial instructionsContractual authorityRegistration law principles

Legal Principles and Doctrines Questions

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

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.

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.