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Legal Principles and Doctrines

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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 political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ of Habeas Corpus can be issued against both public authorities as well as private individuals.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful. It can be issued by Supreme Court or the High Court against both public authorities as well as private individuals.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

___________ is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.

  1. Habeas Corpus

  2. Mandamus

  3. Prohibition

  4. Certiorari
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Mandamus can also be issued against any public body, _________.

  1. A corporation

  2. An inferior court

  3. A tribunal or government

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

Mandamus literally means 'We Command'. It is a command issued by the Supreme Court or High Curt to public official asking him to perform his official duties that had failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. 

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ Habeas Corpus is a bulwark of individual liberty against arbitrary detention.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. Through it a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, to bring the prisoner to court, to determine whether the detention is lawful. Thus it protects the person against unlawful detention and hence is considered a bulwark of individual liberty against arbitrary detention.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ Quo-Warranto is issued by the court to inquire into the legality of the claim of a person to a public office.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Quo-Warranto does not prevent illegal usurpation of public office by a person.

  1. True

  2. False
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

 Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Which among the following conditions are necessary for the issue of writ of quo warranto?
1. The office must be public and must be created by a Statute or by the Constitution itself.
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
3. There has been a contravention of the constitution or a Statutory Instrument, in appointing such person to that office.
Select the correct answer using the code given below:

  1. 1 and 2 only

  2. 1 and 3 only

  3. 2 and 3 only

  4. 1, 2 and 3
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option D is the correct answer as all the conditions are necessary. The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The appropriate writ issued by the court to quash the appointment of a person to a public office is that of ______________.

  1. Prohibition

  2. Quo Warranto

  3. Certiorari

  4. Mandamus
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The Literal meaning of Quo - warranto is "by what authority". It is issued by the court to enquire into the authority of the person occupying public office. It determines the legality of the claim of a person holding office and if found illegal such person is removed from the official position. Hence it prevents illegal occupying of public office by any person.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Which of the following writs is issued by the court in case of illegal detention of a person?

  1. Habeas Corpus

  2. Mandamus

  3. Certiorari

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

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Under the writ of 'Mandamus', the Court can _____________.

  1. ask the person to be produced

  2. ask to let a person free for a temporary period

  3. order to transfer the case from one court

  4. direct the Government to do or not to do a thing
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

The Literal meaning of Mandamus is "we command". It is an order issued by the court to a public official, public body, government or any corporation asking them to perform a duty which they have failed or refused to perform or stopping them not to exercise their function if it goes beyond the control of law.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ, Habeas Corpus, is not issued where the detention is lawful, _____________.

  1. The proceeding is for contempt of a legislature or a court

  2. Detention is by a competent court

  3. Detention is outside the jurisdiction of the court

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation
The writ of habeas corpus can be issued by the Supreme Court and High court under Article 32 and 226 of the Constitution respectively. The literal meaning of habeas corpus means 'to have the body'. It is an order issued by the court to produce the person illegally detained before the court. It acts as a bulwark against the detention of the person. However, the writ cannot be issued when:
1. Detention is legal;
2. It is outside the jurisdiction of the court;
3. Detention is for contempt of court or legislature;
4. Detention is by the final judgment of the court.
Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

The writ of mandamus cannot be issued against __________.

  1. A private individual or body

  2. To enforce departmental instruction that does not possess statutory force

  3. When the duty is discretionary and not mandatory

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation
Mandamus is a judicial remedy which is in the form of an order from a superior court to any Government agency, court or public authority to do a specific act which that body is obliged to do under the law. Mandamus cannot be issued against the following:
1. A private individual or private body.
2. If the duty in question is discretionary and not mandatory.
3. Against president or governors of state
4. To enforce some kind of private contract.
Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

Mandamus is a command issued by the court to a public official asking him to perform his official duties that _________.

  1. He has failed

  2. He has refused to perform

  3. Both A and B

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

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It is a command issued by the court to a public official asking him to perform his official duties that he had failed or refused to perform.

Multiple choice political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

___________ is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.

  1. Habeas Corpus

  2. Mandamus

  3. Certiorari

  4. Quo-Warranto
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

Multiple choice organization of commerce and management markets and marketing meaning, nature and importance of services introduction to services nature and types of services

When can the proper officer issue summons to call upon a person?

  1. To give evidence

  2. Produce a document

  3. Produce any other thing in an enquiry

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

Under relevant legal frameworks, a proper officer has the authority to issue a summons to any person whose attendance is considered necessary for giving evidence, producing documents, or providing other materials required for an official inquiry.