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

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

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Weekly Quiz Competition

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

Solution

The guiding principle states that a pact to suffer any harm is not an offence provided the age of person who has given his consent to suffer harm is above $$18$$ yrs.
However in the case presented before us "B" who has given his consent to suffer harm is a minor thus "A" even though he was playing fairly will be considered offender in the eyes of Court of Law.
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

Solution

Asiad worker's case.
Public interest litigation works for the rights of human well being. Forced labor is any work or labor which individuals are compelled to do against their will, under danger of discipline. Practically all slaves forcibly rehearsed contain some component of constrained work.
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

Solution

Kerala High Court .
Lakshadweep is under the purview of the High Court of Kerala. The high court of Kerala is basically located in Kochi and Lakshadweep comes under its jurisdiction.
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

Solution

Attorney General is considered as the highest Law Officer in India.
Article 76 and 78 of the constitution tells about the Attorney General of India. He is dependable to help lawful issues of government. He additionally performs other legitimate obligations doled out to him by the President. The Attorney General has the privilege of the crowd in all Courts in India just as the privilege to take an interest in the procedures of the Parliament, however not to cast a vote.
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

Solution

Legal person is being, real or imaginary whom the law regards as capable of rights or duties.
Legal persons are also termed “fictitious”, “juristic”, “artificial” or “moral”.
Hence, B is the correct option.
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

Solution

The standard of proof means the limited proof which is needed to be presented in front of the court. So, it also signifies that burden of proof lies to the prosecution when an accused is present in the court. It shall be beyond reasonable doubt.
Hence, A is the correct option.
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.

Solution

A policeman has no right to arrest someone without any warrant. But, section 48 of cpc is the exception of this rule. A policeman can arrest without magistrate's warrant but he need to present him in the court of law. Hence, C is not liable for the false imprisonment.
hence, B is the correct option.
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.

Solution

No, A was not driving rashly although he was drunk and driving.
Police can file a case of drink and drive against A but not of rashly driving because he was not driving in a high speed nor rashly. Although he was drunk which is also an offense. He'll be liable for punishment for drunk and drive and not for rashly driving.
Hence, A is the correct option.
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.

Solution

Q has used excessive force by one blow of lathi as P fell unconscious. Hence, Q won't succeed in the plea of defence.
Section 96 to 106 of IPC tells about the right to private defence. In the above mentioned case, Q has used excessive force which was not needed at all for his defence. Only one blow of lathi made P unconscious, and the second blow was not required. Hence, he won't succeed in right to defend himself in this case.
Hence, C is the correct option.

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

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

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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

Solution

Question 2

Asiad workers case

Minerva Mills case

Lokhandwala Mills case

T. Krishnamachari case

Solution

Question 3

Prosecution

Plaintiff

Suer

Applicant

Question 4

Bombay High Court

Kerala High Court

Madras High Court

Delhi High Court

Solution

Question 5

Attorney General

Advocate General

Solicitor Generator

Secretary General Law Department

Solution

Question 6

knows the law

is capable of being right and duty bearing unit

is involved in legal case

None of these

Solution

Question 7

beyond reasonable doubt

on balance of probabilities

on balance of possibilities

none of the above

Solution

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.

Solution

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.

Solution

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.

Solution

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