Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 13

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 13

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Weekly Quiz Competition

Question 1
1 / -0

Match List I with List II.
List I List II
A. A posteriori $$1$$. From effect to cause
B. A priori $$2$$. From cause to effect
C. Arbitration $$3$$. Mediation

A
A-$$1$$, B-$$2$$, C-$$3$$

B
A-$$2$$, B-$$1$$, C-$$3$$

C
A-$$3$$, B-$$2$$, C-$$1$$

D
A-$$2$$, B-$$3$$, C-$$1$$

Solution

A-1 , B-2 , C-3.
A posteriori, in this happening of an event is dependent upon the cause. They are interlinked and behave as a close relationship.
A priori is also a same is opposite of posteriori.
Arbitration is an method if which disputes are solved by the parties or people outside the code without any legal proceedings.
Question 2
1 / -0

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: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.

Facts: Z makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it.

A
Z has done an act towards the commission of theft and therefore is guilty.

B
If the absence of the definition of offence in the stated principle it cannot be said that Z is guilty

C
The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.

D
Police should arrest Z and produce him before the magistrate is only the court has the authority to decide his guilt or innocence.

Solution

The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.

Section 511 of IPC tells about this principle. In the facts, Z makes an attempt but didn't steal anything. He's won't be liable for the punishment.
In this manner it tends to be expressed that an attempting is a stage forward of planning. At the point when an arrangement is managed without taking any kind of action so as to place the preparation into utilization, at that point it can't be considered as an offense.
Hence, C is the correct option.
Question 3
1 / -0

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: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.

Facts: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court seeking an anticipatory bail.

A
His application shall be rejected by the Supreme Court for want of jurisdiction.

B
His application shall be rejected due to limited circulation of the newspaper.

C
His application shall be entertained by the Court as it involves denial of personal liberty of Z.

D
His application shall be returned as it is not maintainable.

Solution

Z's application shall be returned as it's not maintainable.
Defamation is considered as a bailable offence.
Section 438 of Code of Criminal Procedure, 1973 talks about the anticipatory bail. It's a kind of bail which is ordered by the magistrate before the individual gets arrested. So, Z's application would be not maintainable.
Hence, D is the correct option.
Question 4
1 / -0

Principle : Law does not penalize for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

A
'A' is liable for insulting 'B'.

B
'A' is not liable for his act, as it was of trivial nature.

C
'A' is liable for his act, as the file touched B's hand.

D
'A' is liable for his act, as it assaulted 'B'.

Solution

According to the section 95 of the Indian Penal Code nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.
Question 5
1 / -0

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: Ignorance of fact is excused but ignorance of law is no excuse.

Fact: X was a passenger from Zurich to Manila in a Swiss plane. When the plane landed at the airport of Bombay on 28 November 1962, it was found on searching that X carried 34 kg of gold bars in his baggage and that he had not declared it in the 'manifest for transit'. On 26 November 1962, The Government of India had issued a notification modifying its earlier exemption, making it mandatory now that gold must be declared in the 'manifest' of the aircraft.

A
X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago.

B
X cannot be prosecuted because ignorance of fact is excusable.

C
X can be prosecuted because ignorance of law is not excusable.

D
X's liability would depend on the discretion of the court.

Solution

X can be prosecuted because ignorance of law is not excusable.
In the above mentioned case, X was not aware of the law regarding of gold. But it's not excusable.
Awareness of law is a general legitimate essential. An individual who is ignorant of a law can't get away from obligation only in light of the ignorance of that law.
Hence, C is the correct option.
Question 6
1 / -0

'A' digs a pit in the way through which "B" passes and conceals it with grass and stones with an intention of killing 'B'. 'C' passes through that way, falls in the pit and is killed. Is 'A' liable?

A
'A' is not liable

B
Partly liable

C
'A' is liable

D
Mistake

Solution

A's action cause someone's death, therefore he's liable. Criminal intention doesn't mean just the particular expectation yet it incorporates the general intent additionally. General intention offences basically needed that the individual expected to play out the action being referred to.
Hence, C is the correct option.

Question 7

1 / -0

Match List I with List II.

List I	List II
A. Adjournment	$$1$$. The postponement or suspension of the hearing of a case until a future date.
B. Adjudication	$$2$$. The formal judgement or decision of a court or tribunal.
C. Admissibilin	$$3$$. The principles of evidence determining whether or not particular items of evidence may be received by the court. The central principle of admissibility is relevant. All evidence that is sufficiently relevant is admissible and all that is not sufficiently relevant is inadmissible.

A-$$2$$, B-$$1$$, C-$$3$$

A-$$1$$, B-$$2$$, C-$$3$$

A-$$2$$, B-$$3$$, C-$$1$$

A-$$1$$, B-$$3$$, C-$$2$$

Solution

A-1, B-2, C-3.

Adjournment , Adjudication and Admissibilin are there's three terms are used under law due to the proceedings of the suits.

Adjournment means a primary stop or postponed of court proceedings.

Adjudication means an official judgement on a serious matter.

Question 8
1 / -0

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: Nothing is an offence which is done by a child under seven years of age.

Factual Situations: A, a child born on January 1, 2005, killed another child 'B' on December 30, 2011.

A
A has committed no offence

B
A has committed the offence as it is heinous crime

C
Killing of one child by another child is not an offence

D
A has not committed the offence for on the date of killing of B, A was a minor.

Solution

A has committed no offense.
As clearly stated in the above mentioned principle that an offense done by a child of under 7 years of age is not offence. As A was just 6 years old, he won't be held responsible for the murder. A child of under 7 years of age has no clue or mind to understand the difference between right and wrong.
Hence, D is the correct option.
Question 9
1 / -0

Courts and their Judgments: Promises, Requisites and Consequences is a book written by?

A
Vikram Seth

B
Ram Jeth Malani

C
Arun Shourie

D
None of these

Solution

Before becoming minister of government of India, Arun Shourie was a journalist. In this book, he has elaborated majority of issue present in working of the judiciary and of executive as well. It also demonstrated the loopholes of the powers of the judiciary. This would be the best book for the lawyers as it's made of a lots of research.
Hence, C is the correct option.
Question 10
1 / -0

Capital offences result in ____________.

A
Sentence to death

B
Sentence of life imprisonment

C
Imprisonment over 10 years

D
Both (A) and (B)

Solution

Sentence to death.
Capital punishment is the act of killing someone intentionally with the state of mind can be punished by death sentence. It also includes war or betrayal against the government of the country are considered most serious offences.
Hence, A is the correct option.

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List I	List II
A. A posteriori	$$1$$. From effect to cause
B. A priori	$$2$$. From cause to effect
C. Arbitration	$$3$$. Mediation

Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 13

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 13

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SHARING IS CARING

Question 1

A-$$1$$, B-$$2$$, C-$$3$$

A-$$2$$, B-$$1$$, C-$$3$$

A-$$3$$, B-$$2$$, C-$$1$$

A-$$2$$, B-$$3$$, C-$$1$$

Solution

Question 2

Z has done an act towards the commission of theft and therefore is guilty.

If the absence of the definition of offence in the stated principle it cannot be said that Z is guilty

The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.

Police should arrest Z and produce him before the magistrate is only the court has the authority to decide his guilt or innocence.

Solution

Question 3

His application shall be rejected by the Supreme Court for want of jurisdiction.

His application shall be rejected due to limited circulation of the newspaper.

His application shall be entertained by the Court as it involves denial of personal liberty of Z.

His application shall be returned as it is not maintainable.

Solution

Question 4

'A' is liable for insulting 'B'.

'A' is not liable for his act, as it was of trivial nature.

'A' is liable for his act, as the file touched B's hand.

'A' is liable for his act, as it assaulted 'B'.

Solution

Question 5

X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago.

X cannot be prosecuted because ignorance of fact is excusable.

X can be prosecuted because ignorance of law is not excusable.

X's liability would depend on the discretion of the court.

Solution

Question 6

'A' is not liable

Partly liable

'A' is liable

Mistake

Solution

Question 7

A-$$2$$, B-$$1$$, C-$$3$$

A-$$1$$, B-$$2$$, C-$$3$$

A-$$2$$, B-$$3$$, C-$$1$$

A-$$1$$, B-$$3$$, C-$$2$$

Solution

Question 8

A has committed no offence

A has committed the offence as it is heinous crime

Killing of one child by another child is not an offence

A has not committed the offence for on the date of killing of B, A was a minor.

Solution

Question 9

Vikram Seth

Ram Jeth Malani

Arun Shourie

None of these

Solution

Question 10

Sentence to death

Sentence of life imprisonment

Imprisonment over 10 years

Both (A) and (B)

Solution

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