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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 14

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 14
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  • Question 1
    1 / -0
    Actio personalis moritur cum persona connotes?
    Solution
    A person right of action dies with the person . 
    It is an latin legal expression . A maxim expressing that activities of tort or agreement are ruined by the passing of either the harmed or the harming party. Present day resolutions imply this is once in a while the case. This circumstance emerged on the grounds that it was initially accepted that the essential capacity of tort was to rebuff and not to make up for harm caused.
  • Question 2
    1 / -0
    A. Bigamy                             1. Second marriage when first marriage is still subsisting.
    B. Capacity to contract         2. Competence to entre into a legal contract
    C. Capital                              3.Death punishment
    Solution
    A-1, B-2, C-3. 
    Bigamy happens when an individual is married to two individuals simultaneously. Bigamy can be purposeful, where one life partner weds a subsequent life partner realizing beyond any doubt their underlying marriage remains lawful.   
    Capacity to contract is some essential conditions for a valid agreement like majority of age and sound mind of individual. 
    The capital punishment is the act of executing somebody as discipline for a particular offense after a legitimate judicial proceeding. 
  • Question 3
    1 / -0
    Match the List-I with List-II and select the correct answer using the code given below the lists:
    List-I                               List-II
    A. Set-off                  1. Amount paid by the decree holder for detention. 
    B. Mesne profit        2. Person allowed to file suit or appeal without court fee.
    C. Indigent               3. Adjustment of defendant's claim with the plaintiff's claim.
    D. Subsistence         4.Gains from property by a person having wrongful possession.
    Solution
    A-3 , B-4 , C-2 , D-1 . 
    A set-off can likewise allude to a repayment of common obligation between a lender and an account holder through balancing exchange claims. 
    Mesne profits are to which an individual is entitled yet from, which he has been kept out by the defendant.
    An intigent defence is one who meets the criteria set out by the law or strategies of the court characterizing a state to such an extent that the individual can't bear the cost of guidance to aid their safeguard in a criminal issue. 
    Subsistence implies the negligible assets that are vital for endurance. 
  • Question 4
    1 / -0
    __________ is an established defence when it is  proved that the plaintiff failed to take reasonable care of himself and thus contributes to his injuries. 
    Solution
    Contributory negligence is the offended party's inability to practice sensible consideration for their security. This all inclusive law rule can bar healing or decrease the measure of compensation an offended party gets if their activities improved the probability that an accident happened.
  • Question 5
    1 / -0
    Whoever has carnal intercourse against the order of nature with a man, woman or animal commits the offence of ____________.
    Solution
    Section 377 of IPC tells about the unnatural offence. Whoever deliberately has sexual intercourse against the request for nature with any man, lady or creature, will be rebuffed with imprisonment forever, or with detainment of either portrayal for a term which may reach out to ten years, and will be at risk to fine.
    Hence, B is the correct option.
  • Question 6
    1 / -0
    Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of ____________________.
    Solution
    Kesavanand Bharti v State of Kerala in which it was held that Preamble is a part of the Constitution and is subject to the amending power of the parliament as any other provisions of the Constitution, provided the basic structure of the constitution is not destroyed.
    Hence, D is the correct option.
  • Question 7
    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 merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

    Facts: Mr. Sharman, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably runs down a boat B, with 20 to 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.
    Solution
    This is a clear case of accident he won't be held responsible. 
    He may run down the boat C by doing a action which he knew was probably going to cause that impact, on the off chance that it be found truly that the threat which he expected to stay away from was, to pardon him in acquiring the danger of running down C.
    Hence, D is the correct option.
  • Question 8
    1 / -0
    When a person is to be prosecuted for committing a criminal offence, the burden of proof is on  _____________________.
    Solution
    The prosecution has the burden of proof each component of an offence past a sensible doubt. Be that as it may, while a defendant isn't required to prove that he's not guilty so as to maintain a strategic distance from conviction.
    Hence, D is the correct option.
  • Question 9
    1 / -0
    Time limit for filing different kinds of suit is prescribed in ___________________.
    Solution
    The Limitation Act tells about the time-limit for various suits inside, which an distressed individual can move toward the court for change or equity. It says that in registering the time of limitation for any suit or claim the day from which such period is to be figured, will be rejected.
    Hence, C is the correct option.
  • Question 10
    1 / -0
    In a bailable offence, the bail is granted as a matter of right ________________.
    Solution
    In the case of a bailable offence, the police has authority to grant bail but after presenting the file to magistrate. And the bail can also be granted by magistrate. Bailable offences are not very serious in nature.
    Hence, B is the correct option. 
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