Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 36

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 36

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Weekly Quiz Competition

Question 1
1 / -0

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Wilful rash driving is an offence.
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 willfully, through 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

Willful rash driving and driving while drunk are two separate offences. Since the principle only makes wilful rash driving as an offence and not drunk driving as an offence. Therefore, A was driving drinking but wasn't driving rashly. Therefore, the act of the police is not lawful since A was not driving rashly and wilfully, though he was driving in a drunken state.
Question 2
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__________ is one which judges must follow whether they approve of it or not.

A
A persuasive precedent

B
A conditionally authoritative precedent

C
(A) or (D)

D
An authoritative precedent

Solution

A precedent is a principle or a rule established in a previous legal case that is either binding on or persuasive for a court or tribunal while deciding any subsequent case. The principle by which the judges are bound to precedents is known as Stare Decisis. It is a principal by which the judges are obliged to respect the precedent established by a prior decision. An authoritative precedent is one which judges must follow whether they approve of it or not. For example, Article 141 of the Constitution of India provides that law declared by the Supreme Court shall be binding on all Courts within the territory of India.
Question 3
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Disputes between States in India comes to the Supreme Court under _______________.

A
appellate jurisdiction

B
advisory jurisdiction

C
original jurisdiction

D
none of the above

Solution

Article 131 of the Indian constitution grants original jurisdiction to the Supreme Court. According to this, the Supreme Court of India has original jurisdiction over the following matters:
(1) Interpretation of the constitution- When the interpretation of the constitution is required then case can directly be filed in the Supreme Court.
(2)Center-state dispute -All disputes between the center on one hand and a state/ a group of states on another hand fall within the original jurisdiction of the Supreme court.
(3) Disputes between two more states- Whenever there is a dispute between two or more states then case is directly be heard by the supreme court.
(4) Fundamental rights - a case related to the denial of the Fundamental rights are directly heard by the Supreme Court.
Question 4
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In which of the following cases has Supreme Court ruled that the reason have communicated to the Legislature by the Government if the advice of the public Service Commission has not been accepted _________________.

A
Jai Shankar Prasad V. state of Bihar

B
Asha Kail v. State of J & K

C
Jagtar Singh v. Director, CBI

D
H. Mukherjee v. Union of India
Question 5
1 / -0

Assertion (A): The supreme Court is a court record.
Reason (R): It delivers judgment in open court.

A
both A and R are true and R is correct explanation of A

B
both A and R are truebut R is correct explanation of A

C
A is true but R is false

D
A is false but R is true
Question 6
1 / -0

The Supreme Court has no original jurisdiction in dispute between ___________________.

A
two or more States

B
the Government of India any state on one side and one more States on the other

C
a State-owned public corporation and Government of India not involving fundamental rights

D
the Government of India and one or more States.
Question 7
1 / -0

Which is not correct Statement. The Supreme Court __________________.

A
It is a watch-dog of citizen's liberty

B
It interprets the Constitution

C
It protects the Directive Principles of State Policy

D
It settles disputes of the President and Vice - President of India

Solution

The judicial functions of the Supreme Court are the original as well as appellate of nature. Functions of the Supreme court
(1) to resolve the dispute(between center-state, two or more states)
(2) To protect the fundamental rights of the people
(3) To interpret the constitution

Directive Principles of State Policy - These principles are contained in part IV of the Indian constitution under article 36-51. These are non-justiciable which means they are not enforceable in the court of law. It is the moral duty of a state to implement these principles. If any state does not implement these principles, this can not be questioned in any court
Question 8
1 / -0

After which one of the following Supreme Court decisions was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution _______________.

A
Balaji v. State of Mysore

B
State of Madras v. Champakam

C
Devdasan v. Union of India

D
Periakaruppan v. State of Tamil Nadu.
Question 9
1 / -0

Which of the following statements refers to epistolary jurisdiction of the Supreme Court ?

A
Original jurisdiction of the Supreme Court under Article 131 of Constitution

B
Taking cognizance of Public Interest Litigation matters through letters addressed to the court

C
Enforcement of decrees and order of Supreme Court under 142 of Constitution

D
Advisory jurisdiction Under Article 143 of Constitution

Solution

The term epistolary jurisdiction means acting on letter written by or on behalf of the oppressed people. This strategy is adopted by the supreme court for facilitating access to justice.
Question 10
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Which of the following statements is correct.

A
The Supreme Court of India has original, appellate and advisory jurisdiction

B
The Supreme Court of India has constitutional, extraordinary and constitutional jurisdiction

C
The Supreme Court of India has exclusive civil jurisdiction, criminal jurisdiction advisory jurisdiction

D
None of the above

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 36

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 36

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Question 1

No, Because A was not driving rashly and willfully, through 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 2

A persuasive precedent

A conditionally authoritative precedent

(A) or (D)

An authoritative precedent

Solution

Question 3

appellate jurisdiction

advisory jurisdiction

original jurisdiction

none of the above

Solution

Question 4

Jai Shankar Prasad V. state of Bihar

Asha Kail v. State of J & K

Jagtar Singh v. Director, CBI

H. Mukherjee v. Union of India

Question 5

both A and R are true and R is correct explanation of A

both A and R are truebut R is correct explanation of A

A is true but R is false

A is false but R is true

Question 6

two or more States

the Government of India any state on one side and one more States on the other

a State-owned public corporation and Government of India not involving fundamental rights

the Government of India and one or more States.

Question 7

It is a watch-dog of citizen's liberty

It interprets the Constitution

It protects the Directive Principles of State Policy

It settles disputes of the President and Vice - President of India

Solution

Question 8

Balaji v. State of Mysore

State of Madras v. Champakam

Devdasan v. Union of India

Periakaruppan v. State of Tamil Nadu.

Question 9

Original jurisdiction of the Supreme Court under Article 131 of Constitution

Taking cognizance of Public Interest Litigation matters through letters addressed to the court

Enforcement of decrees and order of Supreme Court under 142 of Constitution

Advisory jurisdiction Under Article 143 of Constitution

Solution

Question 10

The Supreme Court of India has original, appellate and advisory jurisdiction

The Supreme Court of India has constitutional, extraordinary and constitutional jurisdiction

The Supreme Court of India has exclusive civil jurisdiction, criminal jurisdiction advisory jurisdiction

None of the above

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