CBSE Questions for Class 11 Commerce Legal Studies Judiciary - Constitutional Civil Criminal Courts And Processes Quiz 5 - MCQExams.com

The standard of proof in a criminal trial is __________.
  • beyond reasonable doubt
  • on balance of probabilities
  • on balance of possibilities
  • none of the above
A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.
  • C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a magistrate.
  • C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a magistrate before arresting.
  • C is not liable for having falsely imprisoned A, since the restraint was not total.
  • C is not liable for having falsely imprisoned A, since he did not take him to a prison.
Match List I with List II.
List IList II
$$1$$. FraudulentA. Deceitful
$$2$$. ExemptB. To give immunity form a liability
$$3$$. ExerciseC. To bring into play
$$4$$. Ex officioD. By virtue of
  • $$1$$-A, $$2$$-B, $$3$$-C, $$4$$-D
  • $$1$$-B, $$2$$-A, $$3$$-C, $$4$$-D
  • $$1$$-D, $$2$$-A, $$3$$-B, $$4$$-C
  • $$1$$-C, $$2$$-D, $$3$$-A, $$4$$-B
Match List I with List II.
List IList II
A. Admonition$$1$$. Offence of using or threatening unlawful violence.
B. Affidavit$$2$$. A solemn declaration true to the best of the knowledge of the deponent.
C. Affray$$3$$. A reprimand from a judge to a defendant
  • A-$$2$$, B-$$3$$, C-$$1$$
  • A-$$1$$, B-$$2$$, C-$$3$$
  • A-$$3$$, B-$$2$$, C-$$1$$
  • A-$$1$$, B-$$3$$, C-$$2$$
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Wilful rash driving is an offense.

Factual Situation: X was driving his car after consuming liquor. The police booked him for wilful negligent driving.

Question: Is the act of the police lawful?
  • No, because A was not driving rashly and wilfully. though he was driving in a drunken state.
  • No, because this is not a negligent act.
  • Yes, because A was driving rashly.
  • Yes, because the police has power to arrest if someone is driving rashly.
Principle : Law does not penalize for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
  • 'A' is liable for insulting 'B'.
  • 'A' is not liable for his act, as it was of trivial nature.
  • 'A' is liable for his act, as the file touched B's hand.
  • 'A' is liable for his act, as it assaulted 'B'.
Match List I with List II.
List IList II
A. Amnesty$$1$$. Political pardon
B. Animus$$2$$. Intention
C. Antecedents$$3$$. Previous character
  • A-$$1$$, B-$$2$$, C-$$3$$
  • A-$$2$$, B-$$1$$, C-$$3$$
  • A-$$3$$, B-$$2$$, C-$$1$$
  • A-$$2$$, B-$$3$$, C-$$1$$
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Factual Situation: A enters into a pact with B, a boy of less than 18 years of age, to fight (boxing) with each other for amusement. They agreed to suffer any harm which, in the course of such fighting, may be caused without foul play.A hurts B without intention and while playing fairlly. What will be the consequences?
  • A, while playing fairly hurts, B, A commits no offence.
  • A, while playing only unfairly, hurts B, A commits of an offence.
  • A, while playing fairly, hurts B, A commits an offence.
  • A, while playing unfairly,hurts B, A commits no offence.
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Whoever finds an unattended object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.

Factual Situation: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai airport while waiting for her flight. She finds a diamond earing on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six months, she would claim it back.The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earing from the airline when she is informed about its sales.
To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim "Any unattended item will be confiscated by Dolphin Airlines' . In this case, you would ________________.
  • order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant property rights over unattended objects to the airline.
  • deny Elizabeth compensation because the signboard makes evident that the airline, as owner of the lounge, is exercising all rights over all unattended items in the lounge and the earring is one such item.
  • deny Elizabeth compensation because she knew any unattended item belonged to the airline.
  • order the airline to pay compensation to Elizabeth because the property rights of the airline are relevant only if the item is unattended. The moment Elizabeth found the earring, it belonged to her.
Principle : Nothing is an offence which is done by  child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts : Himesh, $$11$$ years old boy, picks up a gold ring worth Rs.$$5000$$/- lying on a table in his friend's house and immediately sells it for Rs.$$2000$$/-, and misappropriated the money.
  • Himesh would be protected under the principle stated above because he is below $$12$$ years of age.
  • Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct.
  • Himesh would not be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
  • Himesh would be protected under the principle stated above because, irrespective of the age, stealing is an offence.
'A' digs a pit in the way through which "B" passes and conceals it with grass and stones with an intention of killing 'B'. 'C' passes through that way, falls in the pit and is killed. Is 'A' liable?
  • 'A' is not liable
  • Partly liable
  • 'A' is liable
  • Mistake
Match List I with List II.
List IList II
A. Adjournment$$1$$. The postponement or suspension of the hearing of a case until a future date.
B. Adjudication$$2$$. The formal judgement or decision of a court or tribunal.
C. Admissibilin $$3$$. The principles of evidence determining whether or not particular items of evidence may be received by the court. The central principle of admissibility is relevant. All evidence that is sufficiently relevant is admissible and all that is not sufficiently relevant is inadmissible.
  • A-$$2$$, B-$$1$$, C-$$3$$
  • A-$$1$$, B-$$2$$, C-$$3$$
  • A-$$2$$, B-$$3$$, C-$$1$$
  • A-$$1$$, B-$$3$$, C-$$2$$
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Nothing is an offence which is done by a child under seven years of age.

Factual Situations: A, a child born on January 1, 2005, killed another child 'B' on December 30, 2011.
  • A has committed no offence
  • A has committed the offence as it is heinous crime
  • Killing of one child by another child is not an offence
  • A has not committed the offence for on the date of killing of B, A was a minor.
Courts and their Judgments: Promises, Requisites and Consequences is a book written by?
  • Vikram Seth
  • Ram Jeth Malani
  • Arun Shourie
  • None of these
Capital offences result in ____________.
  • Sentence to death
  • Sentence of life imprisonment
  • Imprisonment over 10 years
  • Both (A) and (B)
A. Bigamy                             Second marriage when first marriage is still subsisting.
B. Capacity to contract         Competence to entre into a legal contract
C. Capital                              3.Death punishment
  • A-3, B-2, C-1
  • A-1, B-2, C-3
  • A-3, B-1, C-2
  • A-2, B-1, C-3
__________ is an established defence when it is  proved that the plaintiff failed to take reasonable care of himself and thus contributes to his injuries. 
  • Contributory negligence
  • Self injury
  • Volenti non fit injuria
  • None of the above
Match List I with List II.
List IList II
A. A posteriori$$1$$. From effect to cause
B. A priori$$2$$. From cause to effect
C. Arbitration$$3$$. Mediation
  • A-$$1$$, B-$$2$$, C-$$3$$
  • A-$$2$$, B-$$1$$, C-$$3$$
  • A-$$3$$, B-$$2$$, C-$$1$$
  • A-$$2$$, B-$$3$$, C-$$1$$
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.

Facts: Z makes an attempt to steal some jewels by breaking  open a box, and finds after so opening the box, that there is no jewel in it.
  • Z has done an act towards the commission of theft and therefore is guilty.
  • If the absence of the definition of offence in the stated principle it cannot be said that Z is guilty
  • The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.
  • Police should arrest Z and produce him before the magistrate is only the court has the authority to decide his guilt or innocence.
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.

Facts: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court seeking an anticipatory bail. 
  • His application shall be rejected by the Supreme Court for want of jurisdiction.
  • His application shall be rejected due to limited circulation of the newspaper.
  • His application shall be entertained by the Court as it involves denial of personal liberty of Z.
  • His application shall be returned as it is not maintainable.
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Ignorance of fact is excused but ignorance of law is no excuse.

Fact: X was a passenger from Zurich to Manila in a Swiss plane. When the plane landed at the airport of Bombay on 28 November 1962, it was found on searching that X carried 34 kg of gold bars in his baggage and that he had not declared it in the 'manifest for transit'. On 26 November 1962, The Government of India had issued a notification modifying its earlier exemption, making it  mandatory now that gold must be declared in the 'manifest' of the aircraft.
  • X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago.
  • X cannot be prosecuted because ignorance of fact is excusable.
  • X can be prosecuted because ignorance of law is not excusable.
  • X's liability would depend on the discretion of the court.
Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably runs down a boat B, with 20 to 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.
  • Sharman has committed no offence because this was done out of necessity
  • Sharman can be held responsible for tyhe act of criminal negligence.
  • Sharman can be held responsible for culpable homicide.
  • This is a clear case of accident so Sharman cannot be held responsible.
Time limit for filing different kinds of suit is prescribed in ___________________.
  • CPC
  • IPC
  • Limitation Act
  • High Court Rules
Actio personalis moritur cum persona connotes?
  • A personal right of action dies with the person.
  • Care for the entire person.
  • An action directed towards a particular person.
  • A right of action is not given to him who is not injured.
Match the List-I with List-II and select the correct answer using the code given below the lists:
List-I                               List-II
A. Set-off                 Amount paid by the decree holder for detention. 
B. Mesne profit       Person allowed to file suit or appeal without court fee.
C. Indigent               Adjustment of defendant's claim with the plaintiff's claim.
D. Subsistence         4.Gains from property by a person having wrongful possession.
  • A-4, B-3, C-1, D-2
  • A-3, B-4, C-2, D-1
  • A-2, B-1, C-4, D-3
  • A-3, B-1, C-2, D-4
To betray a nation is an offence and punishable with death, It is called ________.
  • Sedition
  • Treachery
  • Treason
  • Anti-nationality
Whoever has carnal intercourse against the order of nature with a man, woman or animal commits the offence of ____________.
  • Rape
  • Unnatural offence
  • Audultery
  • Abatement of rape
Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of ____________________.
  • Golaknath v.State of Punjab
  • Maneka Gandhi v. Union of India
  • S.R. Bommai v Union of Inida
  • Kesavananda Bharti v State of Kerala
Choose the correct answer form the alternatives given.
In which case did the Nagpur Bench of the Bombay High Court on July 14, 2010 commute the death sentence of six accused to rigorous life imprisonment?
  • Khairlanji case
  • Bhopal Gas Leak case
  • Bhagalpur case
  • Nithari Case
No one will be compelled to be a witness against himself[Article $$20(3)$$]. This is the doctrine of ___________________.
  • Natural Justice
  • Self-incrimination
  • Double jeopardy
  • None of the above
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