Legal Studies: CUET Mock Test - 9 - CUET MCQ

Per incuriam, literally translated as "through lack of care" is a device within the common law system of judicial precedent. A finding of 'per incuriam' means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.

It is a Latin maxim, which means that where there is a right there is a remedy. The principle, thus, states that where one's right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss. Further, where one's right is denied the law affords the remedy of an action for its enforcement.

Corpus delicti is a Latin term meaning "body of the crime". In its original sense, the body in question refers not to a corpse but to the body of essential facts that, taken together, prove that a crime has been committed. It is the essential facts that prove that a crime has been committed. The doctrine of corpus delicti is the requirement that proves that a crime has been committed prior to allowing a confession to be admitted into evidence.

Ex post facto, literally means, having retrospective effect or force. An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Injuria sine damnum is a violation of a legal right without causing any harm, loss or damage to the plaintiff and whenever any legal right is infringed, the person in whom the right is vested is entitled to bring an action. The law even gives the liberty that if a person merely has a threat of infringement of a legal right even without the injury being completed, the person whose right has been threatened can bring a suit under the provisions of Specific Relief Act.

Donatio mortis causa means a gift made by a person (the donor) in contemplation of impending death, also known as a deathbed gift. When the donor dies, the subject-matter of the gift does not pass to the personal representative but to the person the deceased intended to benefit (the donee). To qualify as a donatio mortis causa, the gift must be made by the donor in contemplation of the donor's impending death. The gift must be contingent on the donor dying. The donor must part with the gift or deliver it in some way to the donee. The subject-matter of the gift must be capable of being given away in this manner.

The legal maxim 'Delegatus non potest delegare' does not lay down a rule of law. It merely states a rule of construction of a statute. It means 'one to whom a power is delegated cannot himself further delegate that power.' Thus, a person to whom an authority or decision-making power has been delegated cannot, in turn, delegate again to another, unless the original delegation explicitly authorised it. The maxim is a principle in the constitutional and administrative law. In simple terms, a delegate cannot re-delegate. The maxim is derived from and is most frequently applied in matters relating to principal and agent but is not confined thereto. In general, the maxim deals with delegation.

A motion in limine is a motion that is tabled by one of the parties at the very beginning of the legal procedures and seeks to pull the rug out from under the feet of the other party usually by asking the judge to exclude certain evidence. This motion is decided by the judge in both civil and criminal proceedings.

The term is used to refer to an action occurring from day to day or a continuing right of action. The maxim often refers to a type of pay schedule.

In legal terms, Locus standi essentially applies to a plaintiff's attempt to show the court that there is ample relation or correlation or cause of action to him from the suit. In other terms, it applies to a person's capacity to put a case before the court of law or to testify before the court of law.

Public International Law is the law that regulates relations between states. The primary objective of Public International Law is to provide a framework of rules and regulations which help in fostering stable and organised international relations. Some key areas where Public International Law is applicable:
Peace and security, Human rights, Finance, Airspace, Trade, Intellectual Property, Development, Sea, Weapons, Bio-diversity, Science and security, Fisheries, International Crimes, Climate change, Extradition, Natural resources.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (The Netherlands).

The Universal Declaration of Human Rights is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Universal Declaration of Human Rights deals with various provisions, a few of them being:

• liberty of a person (Article 3)
• equality before law (Article 7)
• prohibitions on torture (Article 5)
• socio-economic rights such as right to work and equal pay (Article 23)
• right to social security (Article 25)

The Bretton Woods twins refers to the two multilateral organizations created at the Bretton Woods Conference in 1944. Both twin organizations functioned to enact and maintain the Bretton Woods system of proscribed international currency exchange rates. They are the International Bank for Reconstruction and Development and the International Monetary Fund.

Article 59 of the statute of the ICJ states that decisions of the ICJ have no binding force except on the parties in dispute, however, the ICJ tends to examine its previous decisions, determine which cases should not be applied, and depart rarely from the relevant case law.

The Article related to international law in the constitution is Article 51. According to the provisions in this Article, the state has the responsibility to promote international peace and security in the nation, and maintain just and honourable relations with other nations. Clause (c) of the article clearly states that, 'The State shall endeavour to: (a) promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations in the dealings of organised people with one another, and encourage settlement of international disputes by arbitration.'

The International Criminal Court is an intergovernmental organisation and international tribunal seated in The Hague, The Netherlands. The ICC was established by The Rome Statute of the International Criminal Court in 1998, and it began sittings on July 1, 2002, after 60 countries had ratified the Rome Statute.

Private International Law, often referred to as 'Conflict of Laws', is a set of rules and principles that govern interstate interactions and transactions of private parties. It is a body constituted of conventions, model laws, domestic laws of states, and secondary legal sources.

Both treaty law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which States formally establish certain rules.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.

There are six main organs of the United Nations—the General Assembly, the Security Council, the Trusteeship Council, the Economic and Social Council, the International Court of Justice, and the Secretariat.

A judiciary that is as fair and independent is an important component in sustaining their trust and confidence. An impartial independent judiciary is the guardian of the individual rights in a democratic society. In order for citizens to have faith in their court system, all people must have access to the courts when necessary.

In 1980, a committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the chairmanship of Justice P.N. Bhagwati, then a Judge of the Supreme Court. This committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country.

Article 14(3) (d) of the International Covenant on Civil and Political Rights outlines the requirement for free legal assistance as follows: In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees:
To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing;
To be informed, if he does not have legal assistance, of this right;
To have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it.

International law addresses the provision for free legal service from the perspective of human rights. An explicit provision for legal services is incorporated in the International Covenant on Civil and Political Rights (ICCPR). India has ratified the International Covenant on Civil and Political Rights which came into force in 1976 and is bound by the International obligation to provide free legal assistance as per the requirements of the Covenant. The Supreme Court of India recognizes international legal obligations as part of the law of the land when Indian law can be harmoniously interpreted as in conformity with international law.

Sections 9-11 of the Legal Services Authorities Act deal with the District Legal Services Authority. The state government shall, in consultation with the Chief Justice of the High Court, constitute a District Authority for every district in the state to exercise the powers and perform the functions conferred on, or assigned to the District Authority under the Act.

Pre-litigation simply means 'before a lawsuit is filed in the court'. The pre-litigation legal services include:

• Legal education
• Legal advice
• Legal awareness
• Pre-litigation settlement etc.

The Central Government constitutes the National Legal Services Authority (NLSA) and the Supreme Court Legal Services Committee (SCLSC) for exercising powers and functions as determined by the Central Authority. The NLSA consists of - the Chief Justice of India (CJI) as the Patron-in-Chief, a Judge of the Supreme Court nominated by the President as Executive Chairman, and other members nominated by the Government in consultation with the CJI.

The Lok Adalat shall for the purpose of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:
(a) The summoning and enforcing the attendance of any witness and examining him on oath;
(b) The discovery and production of any document;
(c) The reception of evidence on affidavits;
(d) The requisitioning of any public record or document or copy of such record or document from any court or office; and
(e) Such other matters as may be prescribed.

Arbitration is a procedure in which a dispute is submitted to one or more arbitrators who makes a decision on the dispute. The decision rendered by an arbitrator is known as an arbitral award. Once an arbitral award is rendered, it is recognised and enforced (given effect to) akin to a court pronounced judgment or order. In addition to an arbitral award, the arbitrator also holds power and authority to grant interim measures, like a judge in the court. Unlike a judgment rendered by a judge in the court, the award does not hold precedential value.

The Legal Services Authorities Act was enacted by the Parliament, which came into force on 5 November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society. The passing of this act gave free legal service to a citizen of India when he or she is unable to bear the expenditure of legal fees.