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CBSE Questions for Class 11 Commerce Legal Studies Judiciary - Constitutional Civil Criminal Courts And Processes Quiz 6 - MCQExams.com
CBSE
Class 11 Commerce Legal Studies
Judiciary - Constitutional Civil Criminal Courts And Processes
Quiz 6
When a person is to be prosecuted for committing a criminal offence, the burden of proof is on _____________________.
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Court
0%
Police
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Himself
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Prosecution
Explanation
The prosecution has the burden of proof each component of an offence past a sensible doubt. Be that as it may, while a defendant isn't required to prove that he's not guilty so as to maintain a strategic distance from conviction.
Hence, D is the correct option.
Robbery becomes dacoity when committed conjointly by __________________.
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at least ten persons
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more than two persons but less than five persons
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five persons or more
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two persons
Explanation
For committing a dacoity it is a very basic and important element.
It is an essential element that dacoity must contain 5 or more than 5 persons.
In a dacoity all the persons involved in it have same intention that is of committing robbery.
Hence, C is the correct option.
In a bailable offence, the bail is granted as a matter of right ________________.
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by the court
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by the police officer and the court
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by the police officer
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Either (a) or (b)
Explanation
In the case of a bailable offence, the police has authority to grant bail but after presenting the file to magistrate. And the bail can also be granted by magistrate. Bailable offences are not very serious in nature.
Hence, B is the correct option.
A person who makes an affidavit or deposition is called ________________.
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plaintiff
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witness
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deponent
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defendant
Explanation
Deponent can be defined as an individual who affirms after swearing to tell the truth in a deposition or stating and signing an affidavit as proof.
Hence, C is the correct option.
For conspiracy, the minimum number of persons required is ____________.
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$$5$$
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$$1$$
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$$2$$
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No minimum requirement
Explanation
2 .
Section 120A of IPC , tells about criminal conspiracy . It is nothing but the act in which at least two or more persons intentionally with the same aim commit an offense.
What is a caveat?
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Writ
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Certiorari
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A warning
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An injunction
Explanation
Caveat is a Latin word which signifies warning. A proper notice or cautioning given by involved with a judge or other court official concerning their conduct and mentioning a suspension of the procedure until the benefits of the notice.
Hence, C is the correct option.
The guidelines have been laid down by the Supreme Court regarding the rights of accused at the stage of arrest in __________________.
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A.K. Gopalan Vs. State of Madras
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A.R. Antuly Vs. R.S. Naik
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State of Haryana Vs. Bhajan Lal
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D.K. Basu Vs. State of West Bengal
Explanation
D.K. Basu vs State of West Bengal.
In this case, supreme court has laid some guidelines for the rights of accused. Our Indian constitution provides certain rights for the accused which includes consulting with lawyer, right to appeal and many other.
Hence, D is the correct option.
In kidnapping, the consent of minor is ________________.
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partly material
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wholly material
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wholly immaterial
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party immaterial
Explanation
If any individual takes away a minor person, or a person of unsound mind by the motive of keeping him away from his guardian, he is said to commit kidnapping. The consent of minor is wholly immaterial and won't be taken into consideration.
Hence, C is the correct option.
Public Interest Litigation (PIL), is one in which _________________.
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trial is held 'in camera'
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proceedings of the trial are not reported to the press
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court gives precedence to public interest over the points of law
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issues of public interest are involved and can be brought before the court by any citizen
Explanation
Public Interest Litigation (PIL) is a request that an individual or a non-government association, can record in the court looking for equity in an issue that has a bigger public interest. It targets giving average people an entrance to the judiciary to get legal review for a greater reason.
Hence, Option D is correct.
A police officer cannot investigate a ___________ without the orders of a Magistrate.
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non bailable case
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bailable case
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non cognizable case
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cognizable case
Explanation
Non Cognizable case.
These are those cases which are serious in nature. And, police can't investigate and take action against any person in the case of a non-cognizable offence. The action can only be taken by the order of magistrate or when the warrant is issued.
In a criminal case, an accused person, who in consideration of his non-prosecution offers to give evidence against other accused, is called _________________.
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accomplice
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hostile witness
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approver
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hostile accomplice
Consider the following statements
1) In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj sunsidy.
2) Muslims are not the only beneficiaries of the secular state's generosity. Hindus have also received substantial financial support from the Government.
With reference to the statements mentioned above, which of the following is correct ?
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Only 1
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Only 2
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Both 1 and 2
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Neither 1 nor 2
Explanation
Both statements (1) & (2) are true. Article 27 says: " No person shall be compelled to pay any taxes, the proceeds of which are specially appropriated in payment of expenses for the promotion and maintenance of any particular religion or religious denomination."
petitioner Prafull Goradia had complained that through he was a Hindu, he had to pay direct or indirect taxes,part of which were utilized by the government to subsidize Haj, which was done by Muslims alone. Dismissing the petition, the Bench said; " In our opinion, if only a small part of any tax collected is utilised for providing some conveniences or facilities or concessions to any religious denomination, that would not be violative of Article 27 of the Constitution."
The power of issuing of writs not only for Fundamental Rights but for the other purposes also, is with
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Supreme Court
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High Courts
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Lower Courts
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None of these
Explanation
The power of issuing of writs not only for Fundamental Rights but for the other purposes also, is with High Court.
Ex-parte decision means a decision given _____________________.
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after hearing both the parties
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without proper procedure.
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after observing proper procedure.
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without hearing the opponent.
In a civil suit, the person who files suit and the person against whom the suit is filed are called _________________ respectively.
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accused, prosecutor
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accuser, defendant
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appellant, respondent
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plaintiff, defendant
Offence which can be compromised between the parties is known as ______________.
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non-compoundable offence.
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cognizable offence.
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compoundable offence.
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non-cognizable offence.
If a witness makes a statement in court, knowing it to be false, he commits the offence of _____________.
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forgery
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falsehood
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perjury
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breach of trust
Ratio decidendi means _________________.
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a judicial decision
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part of the judgment which possesses authority.
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any observation made by the court which goes beyond the requirement of the case.
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an observation made by a judge.
All cases regarding the interpretation of the Constitution can be brought to the Supreme Court under its _________________.
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appellate Jurisdiction
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advisory Jurisdiction
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original Jurisdiction
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none of the above
A.
Adjournment
1.
The postponement or suspensions of the hearing of a case until a future date.
B.
Adjudication
2.
The formal judgment or decision of a court or tribunal.
C.
Admissibility
3.
The principles of evidence determining whether or not particular items of evidence
may i.e. received by the court. The central principle of admissibility is
relevance. All evidence that is sufficiently relevant is admissible and all
that is not sufficiently relevant is inadmissible.
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A-2, B-1, C-3
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A-1, B-2, C-3
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A-2, B-3, C-1
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A-1, B-3, C-2
Explanation
The term Adjournment generally means to postpone something. It can be used in legal terms as postponement or suspension of hearing of a case till a future date. It is also used under parliamentary procedure (adjournment motion) where adjournment ends the meeting till future time.
Adjudication is the process by which the judge of a court or arbiter of a tribunal reviews arguments and evidences along with facts and legal reasoning and comes to a judgment determining rights and liabilities of the parties.
The term 'Admissibility' in legal arena is commonly used with evidence. It is set of principle used to determine whether any evidence produced before the court is establishing the point put forward by the party producing it. The ground rule of admissibility is the relevance of the evidence with legal elements of the case. Relevant evidence is admissible and irrelevant evidence is irrelevant.
The burden of proof lies on ____________________.
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claimant
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prosecution
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(a) and (b)
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defendant
When a hearing is adjourned sine die ________________________.
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it means it has been adjourned without fixing a future date of hearing.
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it means it has been adjourned fixing a future date of hearing.
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it means the court is abolished.
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none of these.
A.
Bail
1.
Luggage at the railway station
B.
Bailiff
2.
Courts officer
C.
Bailment
3.
Release from police custody
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A-1, B-3, C-2
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A-2, B-1, C-3
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A-3, B-2, C-1
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A-2, B-3, C-1
Burden of proof in any criminal case lies on the _________.
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accused
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prosecution
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government
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lawyer
A person who goes underground or evades the jurisdiction of the court is known as ________________.
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offender
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underground
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absentee
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absconder
Obiter dicta means _________________.
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a remark in the passing that is something said by a judge while giving judgment that was not essential to the decision in the case.
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it is a part of ratio decidendi of the case and therefore creates binding precedent.
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these are the valid observations.
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none of these.
Stare decisis means ___________________.
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it is necessary to abide by former precedents when the same points arise again in litigation
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it is not necessary to abide by former precedents when the same points arise again in litigation
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neither (a) nor (b)
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both (a) and (b)
Tenancy at will ____________________.
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can be terminated by the landlord at any time.
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can be terminated by the tenant at any time.
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can be terminated by the both at any time.
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none of these.
Res judicata is known as ________________.
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action of estoppel
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it is same as ratio decidendi
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neither (a) nor (b)
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both (a) and (b).
The public Interest Litigation can be filed by ________________.
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advocates only
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aggrieved party
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any citizen
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pleader only
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