Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 11

Question 1
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This section consists of fifty $$(50)$$ questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.
Facts: A enters into a pact with B, a boy of less than $$18$$ years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.

A
A, while playing fairly, hurts B, A commits no offence

B
A, while playing only unfairly, hurts B, A commits an offence

C
A, while playing fairly, hurts B, A commits an offence

D
A, while playing unfairly, hurts B, A commits no offence

Question 2
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The Supreme Court in its judgement held that non-payment of minimum wages is a type of forced labour.

A
Asiad workers case

B
Minerva Mills case

C
Lokhandwala Mills case

D
T. Krishnamachari case

Question 3
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Prosecution: Accused: ? : Defendant

A
Prosecution

B
Plaintiff

C
Suer

D
Applicant

Question 4
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With in the jurisdiction of which High Court does Lakshadweep fall ?

A
Bombay High Court

B
Kerala High Court

C
Madras High Court

D
Delhi High Court

Question 5
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Who is the highest Law Officer in India?

A
Attorney General

B
Advocate General

C
Solicitor Generator

D
Secretary General Law Department

Question 6
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Legal person is the one who_____________.

A
knows the law

B
is capable of being right and duty bearing unit

C
is involved in legal case

D
None of these

Question 7
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The standard of proof in a criminal trial is __________.

A
beyond reasonable doubt

B
on balance of probabilities

C
on balance of possibilities

D
none of the above

Question 8
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A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.

A
C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a magistrate.

B
C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a magistrate before arresting.

C
C is not liable for having falsely imprisoned A, since the restraint was not total.

D
C is not liable for having falsely imprisoned A, since he did not take him to a prison.

Question 9
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Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Wilful rash driving is an offense.

Factual Situation: X was driving his car after consuming liquor. The police booked him for wilful negligent driving.

Question: Is the act of the police lawful?

A
No, because A was not driving rashly and wilfully. though he was driving in a drunken state.

B
No, because this is not a negligent act.

C
Yes, because A was driving rashly.

D
Yes, because the police has power to arrest if someone is driving rashly.

Question 10
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Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: The law permits citizens to use force only for protection when necessary against imminent attack.

Facts: P with the intention of committing theft entered the house of Q. Q,on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi on his head which caused his death. On being prosecuted fro murder, Q took the plea of private defence. Which of the following argument is valid?

A
Since Q was acting in the exercise of right of private defence of his property, he had taken a valid defence.

B
Although in the defence of one's property one cannot cause death of an intruder, Q herein.

C
Q has used excessive force as once P fell unconscious and there was no need for the second blow. Hence, Q's plea of right of private defence will not succeed.

D
If P committed house-breaking in the night Q has a right to cause death in defense of his property, and this Q's plea should prevail.

Submit Test

Judiciary - Con...

Question 1

A, while playing fairly, hurts B, A commits no offence

A, while playing only unfairly, hurts B, A commits an offence

A, while playing fairly, hurts B, A commits an offence

A, while playing unfairly, hurts B, A commits no offence

Question 2

Asiad workers case

Minerva Mills case

Lokhandwala Mills case

T. Krishnamachari case

Question 3

Prosecution

Plaintiff

Suer

Applicant

Question 4

Bombay High Court

Kerala High Court

Madras High Court

Delhi High Court

Question 5

Attorney General

Advocate General

Solicitor Generator

Secretary General Law Department

Question 6

knows the law

is capable of being right and duty bearing unit

is involved in legal case

None of these

Question 7

beyond reasonable doubt

on balance of probabilities

on balance of possibilities

none of the above

Question 8

C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a magistrate.

C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a magistrate before arresting.

C is not liable for having falsely imprisoned A, since the restraint was not total.

C is not liable for having falsely imprisoned A, since he did not take him to a prison.

Question 9

No, because A was not driving rashly and wilfully. though he was driving in a drunken state.

No, because this is not a negligent act.

Yes, because A was driving rashly.

Yes, because the police has power to arrest if someone is driving rashly.

Question 10

Since Q was acting in the exercise of right of private defence of his property, he had taken a valid defence.

Although in the defence of one's property one cannot cause death of an intruder, Q herein.

Q has used excessive force as once P fell unconscious and there was no need for the second blow. Hence, Q's plea of right of private defence will not succeed.

If P committed house-breaking in the night Q has a right to cause death in defense of his property, and this Q's plea should prevail.

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