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CBSE Questions for Class 12 Commerce Legal Studies Judiciary Quiz 4 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Judiciary
Quiz 4
Where is the National Judicial Academy located?
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Kolkata
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Bhopal
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Delhi
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Mumbai
Explanation
The National Judicial Academy is situated in Bhopal, Madhya Pradesh is an Indian Government funded training institute primarily for judicial officers. N.R. Madhava Menon was its founding director. The institute was registered on 17th August 1993 under the Societies Registration Act of 1860.
When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ________________.
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overrule the earlier case
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reverse the earlier decision
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disapprove the earlier case
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distinguish the earlier case
Explanation
The court can disapprove of the earlier case.
A coupling precedent of reference is already a decided case which a court must follow. In any case, a past case is possibly official in a later case if the legitimate standard included is the equivalent and the realities are comparable. Recognizing a case on its realities if it's a little bit different the new statement or decisions can be made.
The 'Securities Appellate Tribunal'(SAT) is a
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Quasi-judicial body established by Central Govt.
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Judicial body established by Supreme Court
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Regulatory body established by SEBI
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Remedial body established by RBI
Explanation
The 'Securities Appellate Tribunal'(SAT) is a
Quasi-judicial body established by Central Govt.
The authority to remove the Vice President from his office before the expiry of his term is with the ________.
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Rajya Sabha
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Supreme Court
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Parliament
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Lok Sabha
Explanation
Rajya Sabha.
The Constitution expresses that the Vice President can be detached by the goals of the Rajya Sabha passed by a compelling larger part and concurred by the Lok Sabha with a straightforward greater part (Article 67(b)). Be that as it may, no such goals might be moved except if at any rate 14 days' notification ahead of time has been given. Prominently, the Constitution doesn't list justification for expulsion. No Vice President has ever faced such an evacuation procedure.
In ____________, the supreme court held that preamble is a basic feature of the constitution and cannot be amended.
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Keshvanand Bharti case
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Golaknath case
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Minerva Mills case
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None of the above
An Obiter dicta by a judge is a ___________.
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statement of opinions made, by the judge, while deciding the point at issue
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statement within the orbit of mores of the society
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statement within the orbit of facts of the case
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statement not covered by any of the above classifications
Explanation
Obiter Dicta is a Latin Legal maxim that actually means 'by the way'. Statements made by a judge over the span of giving his purposes behind a decision in a specific case that is a bit many components of the explanations behind the choice. That is, the judge could have arrived at the decision without offering the expressions. As obiter dicta are not authoritative on courts in ensuing cases.
Separation of power means _____________.
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separation of police from judiciary
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restriction of courts power
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different powers to different courts
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executive, legislature and judiciary are separate from each other
Explanation
Separation of Powers
means that the three branches of government are
separated
. The three branches are as follows:- the Legislative- the part that makes laws. the Executive - the part that carries out (executes) the laws, the Judicial Branch - the courts that decide if the law has been broken.
Hence, D is the correct option.
To betray the nation is an offence and is punishable with death, that is _________.
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sacrilege
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treachery
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treason
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anti-nationality
Cr.PC stands for _______________.
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Criminal Proceedings Code
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Criminal Proceedings Court
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Criminal Prevention Code
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Criminal Procedure Code
Explanation
Cr.PC stands for Criminal Procedure Code .
The Cr.PC, 1973 is the procedural law giving the apparatus to the discipline of guilty parties under the substantive criminal law. The code contains elaborative insights regarding each Investigation, trial, and inquiry.
Indira Swahney vs. Union of India is a case popularly known as ____________.
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Mandal Commission case
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Ayodhya Case
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Suicidal Case
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Election Commission judgement
The concept of 'judicial activism' gained popularity in India in __________.
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$$1960$$s
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$$1970$$s
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$$1980$$s
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$$1990$$s
Explanation
Judicial activism got its popularity through public interest litigation. It is around 1980s. It basically signifies the judgement can be made through traditional or moral thinking and understanding.
Hence, C is the correct option.
With in the jurisdiction of which High Court does Lakshadweep fall ?
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Bombay High Court
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Kerala High Court
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Madras High Court
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Delhi High Court
Explanation
Kerala High Court .
Lakshadweep is under the purview of the High Court of Kerala. The high court of Kerala is basically located in Kochi and Lakshadweep comes under its jurisdiction.
The Supreme Court in ____________ case held that Article $$21$$ includes right to die.
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P. Rathinam/ Nagbhushan Patnaik vs. Union of India
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Dr. M. Ismail Faruqui vs. Union of India
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K. Karunakaran vs. State of U.P.
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Minerva Mills vs. Union of India
Who is heading the Commission on Centre state relations constituted by the government in $$2007$$?
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Justice A.R. Lakshmanam
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Justice A.S. Anand
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Justice Y.K. Sabharwala
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Justice M.M. Punchhi
Explanation
Center-State relations as provided by the Indian Constitution has been amended time and again in order to keep up with the changes in the political and economic scenario of the country. For this purpose, in the year $$2007$$, the UPA government constituted a four-member committee to look into roles and responsibilities of different levels of the Government and their inter-relation. This committee was headed by retired Chief Justice of India Justice Madan Mohan Punchhi and hence was named as Punchhi Commission.
Principle: The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
Facts: 'X' promises to obtain for 'Y' an employment in the public service and 'Y' promises to pay $$Rs. 500000$$ to 'X'
Which of the following derivations is correct?
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There is a contract between 'X' and 'Y'
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There is a voidable contract between 'X' and 'Y'
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There is an agreement between 'X' and 'Y' which can be enforced by the court of law
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There is an agreement between 'X' and 'Y' which cannot be enforced by the court of law
Explanation
According to the principle given in the problem, consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. In the given situation, as X promises to obtain for Y and employment in the public service and Y promises to pay $$Rs. 500000$$ to X, which is opposed to public policy. So, the agreement between X and Y cannot be enforced by the court of Law.
What is 'Euthanasia'?
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It is the name of a capital of an East European country.
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It is the name given to human ailment or disease.
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It is the same thing as penalty shot in Ice hockey.
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A belief and practice in ending a life in order to relieve it of pain and suffering.
Explanation
Option D.
Euthanasia is the procedure of intentionally taking an individual's life to give him relief from pain. It's also regarded as mercy killing.
From which country's Constitution the Judicial Review have been borrowed?
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Irish
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Canada
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British
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U.S.A
Mohd. Ahmed Khan vs. Shah Bano Begum case is related to ________.
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Muslim wife's right to maintenance after divorce
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Muslim wife's right to divorce
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Muslim wife's right to separation
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Muslim wife's right to husband's property
Judicial review means ________.
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the power of the courts to make laws
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the power of the courts to define laws
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the power of the courts to define Constitution
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the power of the courts to annul any legislative or executive act which is against the provisions of the Indian Constitution.
Under which of the following Amendment of the Constitution the power of Judicial Review of the Supreme Court and the High Courts was curtailed to a great extent?
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Thirty-eighth Amendment
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Forty-second Amendment
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Twenty-sixth Amendment
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Twenty-fourth Amendment
Who is the highest Law Officer in India?
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Attorney General
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Advocate General
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Solicitor Generator
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Secretary General Law Department
Explanation
Attorney General is considered as the highest Law Officer in India.
Article 76 and 78 of the constitution tells about the Attorney General of India. He is dependable to help lawful issues of government. He additionally performs other legitimate obligations doled out to him by the President. The Attorney General has the privilege of the crowd in all Courts in India just as the privilege to take an interest in the procedures of the Parliament, however not to cast a vote.
PIL means _________.
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Private Interest Litigation
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Public Interest Litigation
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Publicity Interest Litigation
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Proactive Interest Litigation
Explanation
Public interest litigation.
Public interest litigation is the utilization of the law to propel human rights and equity or raise issues of wide public concern.
The public interest litigation practice works as a successful instrument for changing society and guaranteeing welfare.
Legal person is the one who_____________.
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knows the law
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is capable of being right and duty bearing unit
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is involved in legal case
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None of these
Explanation
Legal person
is being, real or imaginary whom the
law
regards as capable of rights or duties.
Legal
persons are also termed “fictitious”, “
juristic
”, “artificial” or “moral”.
Hence, B is the correct option.
In India the Power of Judicial Review is enjoyed by the ____________.
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Lower Courts only
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Supreme Court and High Courts
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Supreme Court only
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High Courts only
Which of the following are included in the Constitution of India as the Directive Principles of State Policy?
$$1$$. Separation of the Judiciary from the Executive.
$$2$$. Participation of workers in management of industry.
$$3$$. Equal justice and free legal aid.
Select the correct answer using the codes given.
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$$1$$ and $$2$$ only
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$$2$$ and $$3$$ only
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$$1$$ and $$3$$ only
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$$1, 2$$ and $$3$$
The Constitution's $$44$$th amendment(renumbered $$43$$rd) _____________.
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ensures the right to property
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ensures the Freedom of the Press
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limits the power of the government to proclaim internal emergency
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restored to the High Court and the Supreme Court their jurisdiction to consider the validity of any Central or State Law
Explanation
The 44th amendment of our Indian constitution, tells that high court and supreme court's power to validate any state or centre law is valid.
It is an essential feature to be safe from unconstitutional laws. Also, it's main feature was to create any fundamental right in future, if required.
Hence, D is the correct option.
What is reflected by the separation of the Judiciary from the Executive?
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Gandhian philosophy
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Socialism
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Secularism
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Liberal and intellectual philosophy
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'.
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'A' is liable for insulting 'B'.
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'A' is not liable for his act, as it was of trivial nature.
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'A' is liable for his act, as the file touched B's hand.
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'A' is liable for his act, as it assaulted 'B'.
Explanation
According to the section 95 of the Indian Penal Code nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.
In which case did the Supreme Court hold that the Preamble was not a part of the Constitution?
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Berubari case
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Golak Nath case
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Kesavananda Bharati case
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None of the above
Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of ____________________.
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Golaknath v.State of Punjab
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Maneka Gandhi v. Union of India
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S.R. Bommai v Union of Inida
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Kesavananda Bharti v State of Kerala
Explanation
Kesavanand Bharti v State of Kerala in which it was held that Preamble is a part of the Constitution and is subject to the amending power of the parliament as any other provisions of the Constitution, provided the basic structure of the constitution is not destroyed.
Hence, D is the correct option.
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