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Test: Primary and Secondary Evidence - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Primary and Secondary Evidence

Test: Primary and Secondary Evidence for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Primary and Secondary Evidence questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Primary and Secondary Evidence MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Primary and Secondary Evidence below.
Solutions of Test: Primary and Secondary Evidence questions in English are available as part of our Civil Law for Judiciary Exams for Judiciary Exams & Test: Primary and Secondary Evidence solutions in Hindi for Civil Law for Judiciary Exams course. Download more important topics, notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Attempt Test: Primary and Secondary Evidence | 15 questions in 15 minutes | Mock test for Judiciary Exams preparation | Free important questions MCQ to study Civil Law for Judiciary Exams for Judiciary Exams Exam | Download free PDF with solutions
Test: Primary and Secondary Evidence - Question 1
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What is the distinguishing characteristic of primary evidence in the legal system?

Detailed Solution for Test: Primary and Secondary Evidence - Question 1
Primary evidence, also known as best evidence, is characterized by being original documents that are presented in court without prior notice. They carry the highest value and priority in legal proceedings, ensuring the most accurate representation of a fact or event. This type of evidence is irreplaceable and crucial in establishing facts in a court of law.
Test: Primary and Secondary Evidence - Question 2
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Why is primary evidence considered more reliable than secondary evidence in court cases?

Detailed Solution for Test: Primary and Secondary Evidence - Question 2
Primary evidence is deemed more reliable than secondary evidence in court cases because it provides the most accurate representation of a fact or event. Being original documents, primary evidence holds a higher value and credibility compared to secondary evidence, which may be derivative or indirect in nature. This ensures that the information presented to the court is based on the most authentic sources available.
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Test: Primary and Secondary Evidence - Question 3
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In what scenario can a certified copy serve as primary evidence according to the Indian Evidence Act?

Detailed Solution for Test: Primary and Secondary Evidence - Question 3
According to the Indian Evidence Act, a certified copy can serve as primary evidence when the original document is lost or unavailable. This provision ensures that even in the absence of the original, a certified copy can be relied upon as a valid and trustworthy source of information in legal proceedings.
Test: Primary and Secondary Evidence - Question 4
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In legal proceedings, which type of evidence holds utmost importance?
Detailed Solution for Test: Primary and Secondary Evidence - Question 4
In legal proceedings, primary evidence holds utmost importance as it directly proves a fact without the need for inference. It is the best evidence available to prove a disputed fact.
Test: Primary and Secondary Evidence - Question 5
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What is required before presenting secondary evidence in court according to judicial pronouncements?
Detailed Solution for Test: Primary and Secondary Evidence - Question 5
Judicial pronouncements require a rational reason and factual basis for the non-production of original documents before permitting the use of secondary evidence. This ensures that secondary evidence is only introduced when primary evidence is genuinely unavailable.
Test: Primary and Secondary Evidence - Question 6
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What is necessary to authenticate secondary evidence in legal proceedings?
Detailed Solution for Test: Primary and Secondary Evidence - Question 6
Authenticating secondary evidence in legal proceedings requires foundational evidence to ensure that the presented evidence is a true replica of the original document. This process helps maintain the integrity and reliability of the evidence presented in court.
Test: Primary and Secondary Evidence - Question 7
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What condition must be met for the presentation of secondary evidence in the case of the J. Yashoda v. Smt. K. Shobha Rani (2007) ruling?
Detailed Solution for Test: Primary and Secondary Evidence - Question 7
In the case of J. Yashoda v. Smt. K. Shobha Rani (2007), the court ruled that secondary evidence can only be presented if the unavailability of primary evidence is established. Additionally, it is essential to prove the invalidity of the original document to permit the introduction of secondary evidence regarding its contents. This requirement ensures that secondary evidence is used judiciously and only when necessary.
Test: Primary and Secondary Evidence - Question 8
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In legal proceedings, what is the role of primary evidence compared to secondary evidence?
Detailed Solution for Test: Primary and Secondary Evidence - Question 8
Primary evidence holds significant importance in legal proceedings as it is considered more reliable and direct. Secondary evidence, on the other hand, is admissible only in the absence of primary evidence. This distinction ensures that the legal process relies on the most authentic and direct forms of evidence whenever possible.
Test: Primary and Secondary Evidence - Question 9
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What standard does the court require for the non-production of original documents in the case of H. Siddiqui (dead) by LRs Vs. A. Ramalingam (2011)?
Detailed Solution for Test: Primary and Secondary Evidence - Question 9
As seen in the case of H. Siddiqui (dead) by LRs Vs. A. Ramalingam (2011), the court mandates a rational reason and factual basis for the non-production of original documents to permit the use of secondary evidence. This standard ensures that the court evaluates the circumstances surrounding the unavailability of primary evidence before allowing the introduction of secondary evidence, maintaining the integrity of the legal process.
Test: Primary and Secondary Evidence - Question 10
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What is a key condition that must be met to authenticate secondary evidence based on the details provided?
Detailed Solution for Test: Primary and Secondary Evidence - Question 10
Authenticating secondary evidence involves ensuring that it is a true replica of the original document. This process typically requires foundational evidence to validate that the secondary evidence accurately represents the content and context of the original document. By meeting this condition, the credibility and reliability of the secondary evidence can be upheld in legal proceedings.
Test: Primary and Secondary Evidence - Question 11
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What is the main purpose of distinguishing between primary and secondary evidence in legal proceedings?
Detailed Solution for Test: Primary and Secondary Evidence - Question 11
The primary reason for distinguishing between primary and secondary evidence in legal proceedings is to effectively establish facts and present proof. This differentiation ensures that the court can assess the reliability and authenticity of the evidence being presented, thereby strengthening the legal process and aiding in the pursuit of justice.
Test: Primary and Secondary Evidence - Question 12
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Why is primary evidence considered to be of higher quality compared to secondary evidence?
Detailed Solution for Test: Primary and Secondary Evidence - Question 12
Primary evidence holds a superior status compared to secondary evidence because it involves original documents or works that are presented directly to the court for inspection. This direct presentation enhances the credibility and reliability of primary evidence, making it a cornerstone in legal proceedings.
Test: Primary and Secondary Evidence - Question 13
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What is the primary distinction between primary evidence and secondary evidence in the legal system?
Detailed Solution for Test: Primary and Secondary Evidence - Question 13
The primary difference between primary evidence and secondary evidence lies in their quality and originality. Primary evidence, being original and of higher quality, is directly presented to the court for inspection, serving as the most reliable source of evidence. On the other hand, secondary evidence acts as a substitute for primary evidence when the original is unavailable, although it is considered of lower quality. It is crucial to understand this fundamental dissimilarity when considering the types of evidence admissible in legal proceedings.
Test: Primary and Secondary Evidence - Question 14
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Why does the court demand a rational explanation and factual foundation for the introduction of secondary evidence?
Detailed Solution for Test: Primary and Secondary Evidence - Question 14
The court requires a rational explanation and factual foundation for the introduction of secondary evidence to establish its authenticity and reliability. This demand is essential to maintain the integrity of legal proceedings and to ensure that evidence presented, especially when it is of lower quality as secondary evidence, can be trusted and considered by the court. By providing a valid justification and factual basis for the introduction of secondary evidence, parties aim to demonstrate its credibility and relevance in the absence of primary evidence.
Test: Primary and Secondary Evidence - Question 15
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Under what circumstances can secondary evidence be accepted according to judicial pronouncements?
Detailed Solution for Test: Primary and Secondary Evidence - Question 15
Judicial pronouncements stipulate that secondary evidence can only be accepted when primary evidence cannot be produced due to reasons beyond a party's control. This criterion ensures that the court maintains a high standard of evidence admissibility, emphasizing the importance of using primary evidence whenever possible. By setting stringent criteria for the admission of secondary evidence, the legal system aims to uphold the reliability and integrity of evidence presented during legal proceedings.
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