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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Judiciary Exams MCQ


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30 Questions MCQ Test - Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law)

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) below.
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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 1
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Pigeonhole theory was propounded by

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 1
Pigeonhole theory was propounded by Salmond, an authority in the field of tort law. Salmond believes that the specific torts are like pigeonholes and to prove their case, one must prove that the wrong committed against them falls within one of the pigeonholes. This is, understandably, called the pigeonhole theory.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 2
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Which of the following is/are exception(s) to the rule of natural justice?

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 2
Following are the exceptions to the rule of natural justice.
(i) Exclusion in case of emergency
(ii) Express statutory exclusion
(iii) Where disclosure would be prejudicial to public interests
(iv) Where prompt action is needed
(v) Where it is impracticable to hold hearing or appeal
(vi) Exclusion in case of legislative action
(vii) Where no right of person is infringed
(viii) The procedural defect would have made no difference to the outcome
(ix) Exclusion on the ground of 'no fault' decision maker
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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 3
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Arrange the following events in the chronological order.
(1) The United Nations Declaration
(2) The Atlantic Charter
(3) The Declaration of St. James Palace
(4) Sanfrancisco Conference

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 3

1. The first step towards the formation of the UN was the St James's Declaration signed on 12 June, 1941 at St. James' Palace in London by nine governments expelled from their native lands by the Nazis of Germany and their allies.
2. The Atlantic Charter was a pivotal policy statement issued during World War II on 14 August, 1941. It defined the Allied goals for the post war world.
3. The United Nations Conference on International Organisation (UNCIO) was a convention of delegates from 50 Allied nations that took place from 25 April, 1945 to 26 June, 1945 in San Francisco, California.
4. The Universal Declaration of Human Rights is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December, 1948.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 4
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A man allowed his cart to proceed unattended along the road. It ran over a boy causing fracture of his leg. Which of the following offences has he committed?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 4
Under IPC Section 338, whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 5
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The provisions relating to particulars of the written statement and counter claim are provided under:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 5
The provisions relating to particulars of the written statement and counter claim are provided under Order 8 of Code of Civil Procedure.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 6
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Which of the following provisions of Civil Procedure Code, 1908 is related to affidavit?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 6
Order 19 of the Civil Procedure Code 1908 deals with the affidavit.
Order 26 of the Civil Procedure Code 1908 deals with the commissions.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 7
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According to Section 468 CrPC, no court shall take cognizance of an offence punishable with imprisonment for a term not exceeding one year;
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 7
Section 468 of the CrPC talks about bar to taking cognizance after lapse of the period of limitation. Sub-section 2(b) states that the period of limitation shall be- one year, if the offence is punishable with imprisonment for a term not exceeding one year. Hence, the correct answer is option 1.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 8
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The term 'legal theory' was coined by
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 8
The term 'legal theory' was coined by Hans Kelsen.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 9
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A gift comprising both existing and future property
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 9
Section 124 of Transfer of Property Act, 1882, debars the gift of property that is to be received or that may come into existence at a future point of time, and it therefore has no application in the case of property that is not in existence.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 10
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Which of the following is not an essential condition of Section 43 of the Transfer of Property Act, 1882?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 10
Under Section 43 of the Transfer of Property Act, a person must fraudulently or erroneously represent that he is authorised to transfer certain immovable property for consideration.
The representation under Section 43 of the Transfer of Property Act must not necessarily be fraudulent.
Thus, option (1) is correct.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 11
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Which of the following sections was not inserted in the Indian Evidence Act, 1872 by the Information Technology Act, 2002?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 11

Section 114 A of Indian Evidence Act, 1872 deals with the presumption as to absence of consent in certain prosecution for rape. It was inserted by Act 13 of 2013, s. 26. (w.e.f. 3-2-2013).
Section 47 A of Indian Evidence Act, 1872 deals with the opinion as to digital signature, when relevant. It was inserted by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 12
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Guardian at litem used under Civil Procedure Code, 1908 means
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 12
Where the defendant is a minor, the court, on being satisfied of the fact of his minority, should appoint a proper person to be guardian for the suit for such minor, called the guardian ad litem.
Thus, a guardian at litem used under Civil Procedure Code, 1908 means a person defending a suit on behalf of a minor.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 13
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'An introduction to the Principles of Morals and Legislation'' was authored by:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 13
An Introduction to the Principles of Morals and Legislation is a book by the English philosopher and legal theorist Jeremy Bentham originally printed in 1780, and first published in 1789.
Bentham was the first major philosopher to develop and defend a utilitarian theory of ethics.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 14
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Under the Indian Evidence Act, power of the judge to put questions and order production of document or thing in the court has been provided in
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 14
Section 165 of the Indian Evidence Act states that the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant, and may order the production of any document or thing.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 15
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The provisions relating to the summoning and attendance of witnesses are under:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 15
Order 16, CPC, provides for summoning and attendance of witnesses. A summons under this Order may be delivered by the court to the party applying for such summons for making service on the witness, provided that when the service is not effected by the party or the party is unwilling to do so, the summons shall be delivered through the proper officer of the court.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 16
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Point out correct statement in context of the Code of Criminal Procedure.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 16
Section 43 of Cr.P.C. supports option (1): A private person may arrest or cause to get any person arrested who in his presence commits a non-bailable and cognizable offence.
Section 44 of Cr.P.C. supports option (2): An Executive or Judicial Magitrate may himself arrest or order any person to arrest the offender when any offence is committed in his presence and within his jurisdiction.
Section 41 of Cr.P.C. supports option (3): Any police officer may arrest any person without an order from a Magistrate and without a warrant who has been concerned in any cognizable offence.
Therefore, all the statements are correct.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 17
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For the offence of wrongful confinement there must be circumscribing limits of any kind which may be
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 17
Section 340 of the IPC provides that whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said wrongfully to confine that person. The circumscribing limits of any kind may be large or narrow boundary or visible or tangible area or movable or fixed territory.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 18
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Which of the following Sections of the Indian Contract Act, 1872 imposes on a person, who sues for damages, a duty to mitigate the loss consequent upon the breach of contract?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 18
Section 73 states that when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
Explanation to Section 73 further states that in estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 19
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Who observed that 'international law' is the vanishing point of jurisprudence?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 19
According to Holland, international law is the vanishing point of jurisprudence. By using the words vanishing point in relation to international law and jurisprudence, he meant that international law and jurisprudence are parallel to each other, and they therefore are distinct and separate, though it might be appearing that they are one and the same at vanishing point.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 20
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Justice must not only be done but also appear to be done, and may I add, must be paid for being done'. Who is the author of this statement?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 20
Justice must not only be done but also appear to be done, and may I add, must be paid for being done'. Francis Bacon is the author of this statement. He was an English philosopher and statesman who served as Attorney General and as Lord Chancellor of England. His works are credited with developing the scientific method and remained influential through the scientific revolution.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 21
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Which of the following Amendments of the Constitution provided for the appointment of one person as Governor of two or more states?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 21
Article 153 of the Constitution of India says that there shall be Governor for each state of India.
7th Constitutional Amendment Act, 1956 had facilitated the appointment of the same person as a Governor for two or more states.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 22
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The directive principles are ___.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 22
The fundamental rights and the directive principles of state policy (DPSP), find common origin in the Sapru Report of 1945, which had divided the fundamental rights into two parts viz. justifiable and non-justifiable rights. While justifiable rights were incorporated in Part III, non-justifiable rights were incorporated as directive principles to the state without any guarantee to be enforced via court. Thus, the directive principles are guidelines by the Constitution to the state.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 23
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Which of the following Sections of the Indian Evidence Act, 1872 does not deal with the criminal matters?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 23
Section 23 of the Indian Evidence Act deals with 'admission in civil cases, when relevant'.
Section 27 of the Indian Evidence Act deals with 'information discovered of fact in criminal matters'.
Section 53 of the Indian Evidence Act deals with 'in criminal cases, previous good character is relevant'.
Section 133 of the Indian Evidence Act deals with accomplice.
Thus, option 1 is the correct answer.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 24
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Which Section of Evidence Act provides that judge will decide as to admissibility of evidence?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 24

Section 136 of Indian Evidence Act, 1872 provides that the judge has to decide as to the admissibility of evidence. It says that when either party proposes to give evidence of any fact, the judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first-mentioned, unless the party undertakes to give proof of such fact, and the court is satisfied with such undertaking.
If the relevancy of one alleged fact depends upon another alleged fact being first proved, the judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.
Illustrations:-
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under Section 32. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 25
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The search for natural law will continue as long as there is perceived to be injustice in the world" is the statement of:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 25
Lord Lloyd of Hampstead was a prominent British legal scholar and philosopher who made significant contributions to the fields of legal theory, jurisprudence, and international law. He believed that the search for natural law was an important aspect of the quest for justice in the world. Natural law, according to Lord Lloyd, is a set of universal principles that govern human behavior and are discoverable through reason and reflection. Lord Lloyd argued that the search for natural law is ongoing because there will always be perceived injustices in the world that need to be addressed. He believed that natural law is essential to maintaining a just and stable society, and that it provides a framework for evaluating and reforming the laws and institutions that govern human behavior. Lord Lloyd's ideas have had a significant impact on legal theory and philosophy, and his work continues to be studied and debated by scholars around the world.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 26
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Sam, for the purpose of inducing Black to desist from prosecuting a civil suit, threatens to burn Black's house. Sam would be guilty of:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 26
The given situation has been taken from the illustration to Section 503 which talks about criminal intimidation. As per the section, whoever threatens another with any injury to his person, reputation or property, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 27
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As per the Indian Penal Code, the offence of robbery includes:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 27
As per the Indian Penal Code, in a robbery, there is either theft or extortion. This is a cognisable offence, which means the police officer can arrest the person accused under this section without the warrant or order of the Magistrate. The punishment which may be awarded is rigorous imprisonment up to 10 years and fine.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 28
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Order _______ of the Code of Civil Procedure prescribes the consequences of disobedience or breach of injunction granted by the Court.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 28
As per Order 39, Rule 2A of C.P.C, in case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 29
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A proclamation under Section 82 of the CrPC can be issued against a person against whom a warrant has been issued. Thus, a proclamation can be issued against
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 29
Section 82 of the CrPC says that if any court has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time. Therefore, such a warrant can be issued against any of the above mentioned persons.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 30
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When a person refuses to answer or to produce document in the court, he may be awarded the punishment of simple imprisonment or under a warrant requiring him to be in custody for upto ______ under Section 349 of the Code of Criminal Procedure, 1973.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 2 (Law) - Question 30
According to Section 349 under the Code of Criminal Procedure, if any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him to do so, offer any reasonable excuse for such refusal, Court may sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days.
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