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25 Questions MCQ Test Legal Reasoning for CLAT - Test: Legal General Knowledge - 1

Test: Legal General Knowledge - 1 for CLAT 2024 is part of Legal Reasoning for CLAT preparation. The Test: Legal General Knowledge - 1 questions and answers have been prepared according to the CLAT exam syllabus.The Test: Legal General Knowledge - 1 MCQs are made for CLAT 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Legal General Knowledge - 1 below.
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Test: Legal General Knowledge - 1 - Question 1

Which is the oldest Code of Law in India?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 1

The Law Code of Manu, also called "Manusmrti" ("manusmrti") or "Manu Dharma Shastra" ("manu-dharma-sastra"), is the oldest Law Code from India.

  • In order to take a new look as to when it was composed, it is useful to examine the clues given to us from the Law Code of Manu itself, from the Rig Veda, from the Indus/Harappan Civilization archaeological remains in northwest India and Pakistan and from the "Time-Dates" of the beginning and end of the Indus/Harappan Civilization.
  • The Code of Manu is a compilation of laws reflecting Hindu thought in the Buddhist period, preserved in a metrical recension, or survey.
  • It contains 2685 verses, and is evidently not the work of one man, but the production of many minds. 
Test: Legal General Knowledge - 1 - Question 2

Private international law is also called:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 2
  • Conflict of laws is a set of rules of procedural law that determine the legal system and the law of jurisdiction applying to a given legal dispute.
  • In civil law, lawyers and legal scholars refer to conflict of laws as private international law. They typically apply when a legal dispute has a “foreign” element.
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Test: Legal General Knowledge - 1 - Question 3

The right of a party to initiate an action and be heard before a Court of law is called:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 3
  • In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it.
  • Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

Example: in the United States, a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that the plaintiff is (or will be) harmed by the law. Otherwise, the court will rule that the plaintiff “lacks standing” to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. In order to sue to have a court declare a law unconstitutional, there must be a valid reason for whoever is suing to be there. The party suing must have something to lose in order to sue unless they have automatic standing by action of law.

Test: Legal General Knowledge - 1 - Question 4

Indian Parliament is based on the principle of:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 4
  • A bicameral legislature divides the legislators into separate assemblies, chambers, or houses.
  • Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses.
  • The Parliament is composed of the President of India and the houses. It is a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
Test: Legal General Knowledge - 1 - Question 5

The Supreme Court held that evidence can be recorded by video conferencing in the case:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 5
  • In a path-breaking development, the Supreme Court held that a trial judge could record evidence of witnesses staying abroad through video conferencing.
  • Interpreting Section 273 of the Criminal Procedure Code in the light of technological advancements, a bench comprising Justice S N Variava and Justice B N Agrawal said recording of evidence through video conferencing would be perfectly legal.
  • The judgment relates to a case in which a US-based doctor had opined against the operation of a cancer patient through video conferencing. Ignoring the advice, two Indian doctors operated on the lady, who later passed away.
  • The patient's family went to court against the doctors. However, the US-based doctor, Ernest Greenberg, refused to come to India, but expressed willingness to give evidence through video conferencing.
  • But the Bombay high court did not allow the trial court to go ahead citing Section 273, which lays down the procedure for recording evidence.
  • The husband of the deceased, P C Singhi and the Maharashtra government had appealed against the high court order in the Supreme Court.
  • The prosecution has alleged that the two Indian doctors -- Praful B Desai and A K Mukherjee -- did not take good care of the patient after the operation as a result of which she suffered a lot before her death.
  • Speaking for the bench, Justice Variava said, "In cases where the attendance of a witness cannot be procured without an amount of delay, expense or inconvenience, the court could consider issuing a commission to record evidence by way of video conferencing."
Test: Legal General Knowledge - 1 - Question 6

Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of

Detailed Solution for Test: Legal General Knowledge - 1 - Question 6
  • In KESAVANANDA BHARTI case the SC held that Preamble does form the basic structure of the Constitution and is of extreme importance.
  • The court further held that since the Preamble is part of the Constitution it can be amended but subject to condition that the 'basic features' in the Preamble cannot be altered.
Test: Legal General Knowledge - 1 - Question 7

In the year 2002 the Competition Act was enacted replacing:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 7

Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 was revoked and replaced by Competition Act, 2002.

  • MRTP Act was enacted to deal with monopolistic, restrictive and unfair trade practices, but due to certain limitations, Competition Act was introduced, which changed the focus from curbing monopolies to promoting competition.
Test: Legal General Knowledge - 1 - Question 8

Public holidays are declared under:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 8

The holidays are declared under the Negotiable Instruments Act, 1881. They are usually applicable to Government departments more particularly to banks.The bank holiday in India is a public holiday which is declared specially for banks and other financial institutions. Bank holidays are declared by Central /state government under Negotiable Instrument Act.

Test: Legal General Knowledge - 1 - Question 9

When a person is prosecuted for committing a criminal offense, the burden of proof is on:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 9
  • In criminal offense, the burden of proof lies on the prosecution and they have to prove the accused guilty beyond all reasonable doubts
  • In civil wrong, the burden of proof lies upon the plaintiff.
Test: Legal General Knowledge - 1 - Question 10

The offense that can be compromised between the parties is known as:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 10
  • They are those offenses where the complainant and accused can compromise among themselves and the State withdraws the criminal case.
  • This is allowed only for the less serious crimes which entail a punishment of fewer than 2 years.
Test: Legal General Knowledge - 1 - Question 11

Husband and wife have a right to each other's company. The right is called:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 11

Conjugal Rights mean Right to stay together.

  • Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
  • Section 9 is to save marriage.
  • The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.
  • The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.
Test: Legal General Knowledge - 1 - Question 12

A child born after father's death is

Detailed Solution for Test: Legal General Knowledge - 1 - Question 12

A person born in these circumstances is called a posthumous child or a posthumously born person. Most instances of posthumous birth involve the birth of a child after the death of its father, but the term is also applied to infants delivered after the death of the mother, usually by caesarean section.

Test: Legal General Knowledge - 1 - Question 13

When was Supreme Court established?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 13

Supreme Court of India came into existence on 26th January, 1950 and is located on Tilak Marg, New Delhi. Hence, option B is correct.

Test: Legal General Knowledge - 1 - Question 14

Who is the current CJI of India?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 14

Justice Sanjiv Khanna is the 51st Chief Justice of India.

Test: Legal General Knowledge - 1 - Question 15

 A person who goes underground or evades the jurisdiction of the Court is known as

Detailed Solution for Test: Legal General Knowledge - 1 - Question 15

Absconder is a person who runs away from legal proceedings/process or avoids arrest.

Test: Legal General Knowledge - 1 - Question 16

Which of the following cases holds the record of the longest hearing in Indian history?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 16

The longest proceedings in any case held in the Supreme Court was however witnessed in 1973 during the landmark Keshvanand Bharti case which propounded the theory of basic structure of constitution. The case was heard by the top court for 68 days. Hence, option C is correct.

Test: Legal General Knowledge - 1 - Question 17

India became the member of United Nations in the Year

Detailed Solution for Test: Legal General Knowledge - 1 - Question 17

Technically, India was a founding member in October 1945, despite it being a British colony.

Test: Legal General Knowledge - 1 - Question 18

CJI is appointed under which article of the Indian Constitution?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 18

The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
Hence, option A is correct.

Test: Legal General Knowledge - 1 - Question 19

A party to the suit is called

Detailed Solution for Test: Legal General Knowledge - 1 - Question 19

A party to the suit is called a litigant.

In a legal context, a "party" refers to an individual or entity involved in a lawsuit or legal proceeding. There are two main types of parties in a lawsuit: the plaintiff and the defendant. The plaintiff is the person or entity who brings the suit, while the defendant is the person or entity being sued.

A litigant, therefore, refers to any party involved in the lawsuit, whether they are the plaintiff or the defendant. Litigants are responsible for presenting their case, either by themselves or through legal representation, and for complying with the rules and procedures of the court.

In some cases, there may be multiple plaintiffs or defendants involved in a single lawsuit. These individuals or entities are referred to as co-plaintiffs and co-defendants, but they are still considered litigants, as they are parties to the suit.

In summary, a litigant is a general term for any party involved in a lawsuit, whether they are the ones initiating the legal action or defending against it.

Test: Legal General Knowledge - 1 - Question 20

Where is the famous Konark Sun Temple located?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 20

The Konark Sun Temple is located in an eponymous village (now NAC Area) about 35 kilometres (22 mi) northeast of Puri and 65 kilometres (40 mi) southeast of Bhubaneswar on the Bay of Bengal coastline in the Indian state of Odisha. Hence, option D is correct.

Test: Legal General Knowledge - 1 - Question 21

No one can be convicted twice for the same offence. This doctrine is called

Detailed Solution for Test: Legal General Knowledge - 1 - Question 21

Double jeopardy, non bis in idem or ne bis in idem is a procedural defense that prevents an accused person from being tried again on the same (or similar) charges following a valid acquittal or conviction.

Test: Legal General Knowledge - 1 - Question 22

A participant in commission of crime is popularly known as:

Detailed Solution for Test: Legal General Knowledge - 1 - Question 22

A person who knowingly, voluntarily or intentionally gives assistance to another in the commission of crime. An accomplice is criminally liable to the same extent as the principal.

Test: Legal General Knowledge - 1 - Question 23

Which of the following is not payable to Central Government?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 23

Land is a matter on which only State Governments can govern, thus the Stamp duties on transfer of immovable properties are levied by State Governments.

Test: Legal General Knowledge - 1 - Question 24

Where is the National Judicial Academy located?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 24
  • The institute was registered on 17 August 1993 under the societies registration act of 1860. 
  • N.R Madhava Menon was its founding director.
  • Its 63-acre campus is located on the outskirts of Bhopal. It also has a registered office in Delhi.
  • The president of India inaugurated the institute building on September 5, 2002.
Test: Legal General Knowledge - 1 - Question 25

Who has the constitutional right to audience in all Indian Courts?

Detailed Solution for Test: Legal General Knowledge - 1 - Question 25

Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote.

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