Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 9

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 9

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Weekly Quiz Competition

Question 1
1 / -0

A basic principle of the doctrine of precedent is that _________.

A
a precedent, once made, can never be changed

B
decision of a superior court in one hierarchy of courts are binding on courts inferior to it in another, separate hierarchy.

C
precedents are restricted to those decision of superior courts that have been approved by Parliament.

D
every court is bound by the decision of courts superior to it in the same hierarchy of courts.

Solution

The basic principle signifies that every court is bounded by the decision of superior courts and can take an idea to decide a decision from previous decisions of those superior or upper courts. The utilization of such legal choices is administered by various standards in various legitimate frameworks. These standards are called 'Doctrine of Precedent'.
Hence, D is the correct option.
Question 2
1 / -0

When a court establishes a binding precedent, the reason for its decision is referred as __________________.

A
State decisis

B
Caveat emptor

C
Res judicata

D
Ratio decidendi

Solution

Stare decisis.
It is a Latin legal maxim which means 'to stand by'. Stare decisis is a lawful regulation that commits courts to follow authentic situations when making a decision on a comparative case. State decisis guarantees that cases with comparable situations and actualities are drawn closer similarly. Basically, it ties courts to follow lawful points of reference set by past decisions.
Question 3
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The true way of citing a case whose details are Ram versus Motilal decided in 1865 and can be found in volume 208 of Supreme Court cases starting at page 216 will be ___________________.

A
Ram v Motilal, 208 SCC 216 (1865)

B
Ram V. Motilal, 208 SCC 216 (1865)

C
Ram V. Motilal 208 SCC 216, (1865)

D
Ram VS Motilal 208 SCC 216 1865

Solution

The true way of citing a case whose details are Ram versus Motilal decided in 1865 and can be found in volume 208 of Supreme Court cases starting at page 216 will be Ram V. Motilal, 208 SCC 216 (1865).
Question 4
1 / -0

When a person is prosecuted for committing a criminal offence, the burden of proof is on ___________.

A
accused

B
prosecution

C
police

D
complainant

Solution

The burden to prove the blame of the accused lies on the prosecution. The respondent has a protected right to a jury procedure in most criminal issues. The defendant has no pressure but if prosecution proves the offence than case can be filed and accused can be punished.
Hence, B is the correct option.
Question 5
1 / -0

Past decision of the courts for future cases is known as __________________.

A
Customs

B
Previous work

C
Precedents

D
Historical record.

Solution

Precedent means some set pattern guiding the future conduct. The precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. The doctrine of precedent declares that cases must be decided the same way when their materials facts are the same.Obviously, it does not require that all the facts should be the same.
Question 6
1 / -0

The temporary release of a prisoner is called _________.

A
parole

B
amnesty

C
bail

D
pardon

Solution

A is the correct option.
Parole is the provisional or temporary release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period.
Question 7
1 / -0

Offence which can be compromised between the parties is known as ______________.

A
non-compoundable offence

B
cognizable offence

C
compoundable offence

D
non-cognizable offence

Solution

Compoundable offence are less serious offence under Section 320 IPC. Court permission is not required before compounding- Examples of these offences include adultery, causing hurt, defamation criminal trespass.Court permission is required before compounding - Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, assault on a woman with intention to outrage her modesty, dishonest misappropriation of property amongst others.
Question 8
1 / -0

When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ________________.

A
overrule the earlier case

B
reverse the earlier decision

C
disapprove the earlier case

D
distinguish the earlier case

Solution

The court can disapprove of the earlier case.
A coupling precedent of reference is already a decided case which a court must follow. In any case, a past case is possibly official in a later case if the legitimate standard included is the equivalent and the realities are comparable. Recognizing a case on its realities if it's a little bit different the new statement or decisions can be made.
Question 9
1 / -0

What does ex parte decision mean?

A
Decision given after hearing both the parties.

B
Decision given without proper procedure.

C
Decision given after observing proper procedure.

D
Decision given without hearing the opponent.

Solution

A judicial proceeding, order, or injunction is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only and without notice to or contestation by, any person adversely interested.
Question 10
1 / -0

'Corroborative evidence' means __________________.

A
main evidence in case

B
evidence which supports other evidence

C
evidence that proves the guilt of an accused person

D
evidence of a person who supports the accused

Solution

Evidence which supports other evidence. Corroborating evidence (or corroboration) is evidence that tends to support a proposition that is already supported by some initial evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Meanwhile, Y, another witness, testifies that when he examined X's car, later that day, he noticed green paint on its fender. There can also be corroborating evidence related to a certain source, such as what makes an author think a certain way due to the evidence that was supplied by witnesses or objects.

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 9

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 9

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Question 1

a precedent, once made, can never be changed

decision of a superior court in one hierarchy of courts are binding on courts inferior to it in another, separate hierarchy.

precedents are restricted to those decision of superior courts that have been approved by Parliament.

every court is bound by the decision of courts superior to it in the same hierarchy of courts.

Solution

Question 2

State decisis

Caveat emptor

Res judicata

Ratio decidendi

Solution

Question 3

Ram v Motilal, 208 SCC 216 (1865)

Ram V. Motilal, 208 SCC 216 (1865)

Ram V. Motilal 208 SCC 216, (1865)

Ram VS Motilal 208 SCC 216 1865

Solution

Question 4

accused

prosecution

police

complainant

Solution

Question 5

Customs

Previous work

Precedents

Historical record.

Solution

Question 6

parole

amnesty

bail

pardon

Solution

Question 7

non-compoundable offence

cognizable offence

compoundable offence

non-cognizable offence

Solution

Question 8

overrule the earlier case

reverse the earlier decision

disapprove the earlier case

distinguish the earlier case

Solution

Question 9

Decision given after hearing both the parties.

Decision given without proper procedure.

Decision given after observing proper procedure.

Decision given without hearing the opponent.

Solution

Question 10

main evidence in case

evidence which supports other evidence

evidence that proves the guilt of an accused person

evidence of a person who supports the accused

Solution

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