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Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Humanities/Arts MCQ


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10 Questions MCQ Test - Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1

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Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 1

The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: ignorantia juris non excusat and ingnorantia facit excusat.
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th Nov. 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest- of the aircraft.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 1

George will be prosecuted because mistake of law is not excusable .
An mistake including the misconception or off base use of law concerning a demonstration or exchange. The protection of mix-up of law raises two issues. The primary issue happens where, on account of a misstep of law, the litigant didn't have the imperative aim to commite a wrongdoing.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 2

Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual executive of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
In general, an employer is not liable for the torts(wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed and directions; and ultimately due to high speed an accident took place causing injuries to a person.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 2

Ramesh would be held liable as he paid booked the cab , now the whole authority was of Ramesh , he wanted the driver to drive car fast . This leads to the accident . Driver was the servant at that time of Ramesh , and it was his duty to follow his master's order . Hence , Ramesh will be held liable for the damages.

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Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 3

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

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 3

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.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 4

The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 4

It's clearly mentioned in Article 20 of the Indian constitution that no person will be prosecuted twice for the same offence. Now, Maqbool is caught by Airport custom, the legal proceedings will be held by Custom authority of airport and not any other court. Double jeopardy is a procedural safeguard that keeps a blamed individual from being attempted again on the equivalent charges following a substantial conviction.
Hence, B is the correct option.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 5

Which one of the following is a wrong statement ? 

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 6

The temporary release of a prisoner is called _________.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 6

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.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 7

'Corroborative evidence' means __________________.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 7

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.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 8

Sometimes, an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. He is called __________.

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 8

Considering that there is one principal accused in a crime along with one more accused. In this case, the second accused gives evidences and witnesses to prove that the principal (first) accused has committed the crime. In such instance, the accused who does that is known as an "Approver" in the case.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 9

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

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 9

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.

Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 10

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

Detailed Solution for Test: Judiciary - Constitutional, Civil and Criminal Courts and Processes - 1 - Question 10

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.

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