Law Legal Studies ยท 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.
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Legal Principles and Doctrines Questions
Which of the following is not a ground for the maintainability of a PIL?
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The matter is of public importance.
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The matter affects a large number of people.
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The matter is a violation of fundamental rights.
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The matter is a violation of a statutory provision.
D
Correct answer
Explanation
The violation of a statutory provision is not a ground for the maintainability of a PIL. However, the matter must be of public importance, affect a large number of people, or be a violation of fundamental rights.
Which of the following is not a factor that the Supreme Court considers when determining the maintainability of a PIL?
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The nature of the matter.
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The locus standi of the petitioner.
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The public interest involved.
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The availability of alternative remedies.
B
Correct answer
Explanation
The Supreme Court does not consider the locus standi of the petitioner when determining the maintainability of a PIL. However, it does consider the nature of the matter, the public interest involved, and the availability of alternative remedies.
Which of the following is NOT a characteristic of PIL?
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It is filed by a person or group acting on behalf of the public interest.
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It is limited to civil matters.
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It can be filed directly in the Supreme Court or High Courts.
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It requires the petitioner to have a personal stake in the matter.
D
Correct answer
Explanation
PIL does not require the petitioner to have a personal stake in the matter, as it is filed on behalf of the public interest.
What is the locus standi requirement in PIL?
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The petitioner must have a direct and substantial interest in the matter.
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The petitioner must be a public-spirited individual or organization.
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The petitioner must be authorized by the government to file the PIL.
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The petitioner must be a legal expert.
B
Correct answer
Explanation
In PIL, the petitioner does not need to have a direct and substantial interest in the matter, but they must be a public-spirited individual or organization acting on behalf of the public interest.
Which of the following is NOT a factor considered by High Courts when deciding whether to admit a PIL petition?
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The nature and gravity of the issue raised.
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The locus standi of the petitioner.
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The availability of alternative remedies.
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The financial resources of the petitioner.
D
Correct answer
Explanation
High Courts do not consider the financial resources of the petitioner when deciding whether to admit a PIL petition.
How can High Courts ensure that PIL is not misused for personal or political gains?
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By scrutinizing PIL petitions carefully before admitting them.
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By imposing strict guidelines on the filing of PIL petitions.
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By taking suo moto action in cases of public importance.
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All of the above.
D
Correct answer
Explanation
High Courts can prevent the misuse of PIL by carefully scrutinizing petitions, imposing strict guidelines, and taking suo moto action in cases of public importance.
What is the first step in a trial?
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Opening statements
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Jury selection
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Voir dire
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Closing arguments
B
Correct answer
Explanation
The first step in a trial is jury selection, where potential jurors are questioned to determine their impartiality and suitability to serve on the jury.
What is the doctrine of 'reasonable restrictions' in the context of freedom of speech and expression?
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Restrictions that are necessary to protect national security
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Restrictions that are necessary to maintain public order
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Restrictions that are necessary to protect morality
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All of the above
D
Correct answer
Explanation
The doctrine of 'reasonable restrictions' allows the government to impose restrictions on freedom of speech and expression in order to protect national security, maintain public order, and protect morality.
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. What is the "exclusionary rule"?
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Evidence obtained through an illegal search or seizure cannot be used in court
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The police must have a warrant to conduct a search or seizure
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The police must have probable cause to conduct a search or seizure
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All of the above
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None of the above
A
Correct answer
Explanation
The exclusionary rule is a legal principle that prohibits the use of evidence obtained through an illegal search or seizure in criminal trials.
What is the principle of natural justice that prohibits a decision-maker from being a judge in their own case?
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Audi alteram partem
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Nemo judex in causa sua
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Ultra vires
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Functus officio
B
Correct answer
Explanation
Nemo judex in causa sua is a Latin phrase that means 'no one should be a judge in their own case'. It is a fundamental principle of natural justice that prohibits a decision-maker from being a judge in their own case.
What is the principle of administrative law that prohibits a decision-maker from acting beyond their powers?
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Audi alteram partem
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Nemo judex in causa sua
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Ultra vires
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Functus officio
C
Correct answer
Explanation
Ultra vires is a Latin phrase that means 'beyond the powers'. It is a principle of administrative law that prohibits a decision-maker from acting beyond their powers.
What is the principle of administrative law that prohibits a decision-maker from making a decision after their authority has expired?
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Audi alteram partem
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Nemo judex in causa sua
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Ultra vires
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Functus officio
D
Correct answer
Explanation
Functus officio is a Latin phrase that means 'having performed one's duty'. It is a principle of administrative law that prohibits a decision-maker from making a decision after their authority has expired.
What are the grounds on which a law can be challenged in a judicial review?
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Violation of fundamental rights
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Violation of the basic structure of the Constitution
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Unreasonableness
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All of the above
D
Correct answer
Explanation
A law can be challenged in a judicial review on the grounds of violation of fundamental rights, violation of the basic structure of the Constitution, or unreasonableness.
What is the remedy available to an individual whose Right to Information request has been denied?
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File an appeal with the appropriate Information Commission
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File a writ petition in the High Court
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File a complaint with the Central Vigilance Commission
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File a criminal complaint with the police
A
Correct answer
Explanation
If a Right to Information request is denied, the individual can file an appeal with the appropriate Information Commission, which is the first level of appellate authority under the Right to Information Act.
Which of the following is not a ground for seeking exemption from disclosure of information under the Right to Information Act?
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National security
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Public order
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Commercial confidence
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Personal information of a third party
D
Correct answer
Explanation
Personal information of a third party is not a ground for seeking exemption from disclosure of information under the Right to Information Act.