Legal Aptitude

Description: Legal awareness test
Number of Questions: 25
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Tags: Law legal Criminal Law Mock Tests Constitutional Law Legal Aptitude/ Awareness Personal Law Verbal Analogies
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The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of ___________ in their relation to the facts of the particular case.

  1. natural events

  2. human conduct

  3. public and private business

  4. All of the above


Correct Option: D
Explanation:

Under Section 114 of Indian Evidence Act, the Court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. 

Evidence is of two types,

  1. oral evidence and documentary evidence

  2. general evidence and special evidence

  3. physical evidence and non-physical evidence

  4. None of these


Correct Option: A
Explanation:

Evidence is of two types: oral evidence and documentary evidence.

Nemo moriturus proasumitur mentire means

  1. no one attacks me with impunity

  2. no one should be judge in his own case

  3. no one at the time of death is presumed to lie

  4. None of these


Correct Option: C
Explanation:

Dying declaration is based on the maxim 'Nemo moriturus praesumitur mentire' which means 'a man will not meet his maker with a lie in his mouth'.

Which of the following distinctions of a confession from an admission is not correct?

  1. Where conviction can be based on statement alone, it is a confession and where some supplementary evidence is needed to authorise a conviction, it is an admission.

  2. Confession is defined whereas admission is not defined in the Indian Evidence Act.

  3. If the prosecution relies on a statement as being true, it is confession and if the statement is relied on because it is false, it is admission.

  4. In criminal cases, a statement by accused, not amounting to confession, but giving rise to inference that the accused might have committed the crime, is his admission.


Correct Option: B
Explanation:

Admission is defined in the Indian Evidence Act, whereas confession is not defined.

Indian Evidence Act came into force in

  1. 1872

  2. 1973

  3. 1893

  4. 1943


Correct Option: A
Explanation:

Indian Evidence Act came into force on 1st September, 1872.

Find the mismatch.

  1. Communications during marriage - Section 122

  2. Confession by accused while in custody of police not to be proved against him - Section 26

  3. Dumb witness - Section 119

  4. Professional communications - Section 153


Correct Option: D
Explanation:

Communications during marriage - Section 122 Confession by accused while in custody of police not to be proved against him - Section 26 Dumb witness - Section 119 Professional communications - Section 126  

Tape recorded conversation is relevant as an evidence on satisfying the following conditions, except

  1. the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it

  2. accuracy of what was actually recorded has to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, has to be there, so as to rule out the possibility of tampering with the record

  3. tape recording must not be before 3 months of the production

  4. the subject matter recorded has to be shown relevant according to the rules of relevancy in the Evidence Act


Correct Option: A
Explanation:

Tape recorded conversation is relevant as an evidence on satisfying the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it.

Which of the following cases is not correctly matched?

  1. Bodh Raj vs. State of J & K - Promissory Estoppel

  2. Ram Narain vs. State of UP - Expert Opinion

  3. State of UP vs. Raj Narain - Priveleged Communication

  4. Ravinder Singh vs. State of Haryana - Accomplice Evidence


Correct Option: A
Explanation:

Bodh Raj vs. State of J & K - Last seen theory. Ram Narain vs State of UP - Expert Opinion. State of UP vs Raj Narain - Privileged Communication. Ravinder Singh vs State of Haryana - Accomplice Evidence

 

Section 4 of the Indian Evidence Act does not define

  1. may presume

  2. natural witness

  3. conclusive proof

  4. shall presume


Correct Option: B
Explanation:

Section 4 of the Evidence Act defines: 'May presume' — Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disapproved or may call for proof of it. 'Shall presume' —Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved unless and until it is disapproved. 'Conclusive proof'—When one fact is declared by this Act to be conclusive proof of another, the Court shall on proof of the one fact regard the other as proved and shall not allow evidence to be given for the purpose of disapproving it.

The leading English case of R. V. Blake and Tye in evidence relates to

  1. conspiracy

  2. confession

  3. accomplice evidence

  4. relevancy of facts


Correct Option: A
Explanation:

The leading English case of R. V. Blake and Tye in evidence relates to conspiracy under Section 10 of the Evidence Act.

Sanatan Gauda Vs. Berhampur University and Others, Kumari Madhuri Patil Vs. Addl. Commissioner, Tribal Development, R. S. Madanappa Vs.Chandramma are the leading cases related with the issues of

  1. estoppel

  2. confession

  3. dying declaration

  4. relevancy of fact


Correct Option: A
Explanation:

Sanatan Gauda vs. Berhampur University and Others, Kumari Madhuri Patil vs. Addl. Commissioner, Tribal Development, R. S. Madanappa vs.Chandramma are the leading cases related with the issues of estoppel.

Dying declaration has been dealt in the Indian Evidence Act under

  1. Section 32(1)

  2. Section 114

  3. Section 10

  4. Section 25


Correct Option: A
Explanation:

Dying declaration has been dealt in the Indian Evidence Act under Section 32(1). When the statement is made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question, such statements are relevant whether the person who made them was or was not at the time when they were made under the exception of death and whatever may be the nature of the proceeding in which the cause of his death comes into question.  

Section 25 of the Indian Evidence Act states that no confession made to a ____________ shall be proved as against a person accused of any offence.

  1. police officer

  2. relative

  3. magistrate

  4. doctor


Correct Option: A
Explanation:

Under Section 25 of the Indian Evidence Act, no confession made to a police officer shall be proved as against a person accused of any offence. 

The expression 'res gestae' literally means the thing done, a transaction or essential circumstance surrounding the subject. This expression is a

  1. Latin word

  2. French word

  3. English word

  4. None of these


Correct Option: A
Explanation:

The expression 'res gestae' is a Latin word; literally means the thing done, a transaction or essential circumstance surrounding the subject. 

The leading judgement on dying declaration came on

  1. Khushal Rao Vs. State of Bombay

  2. Mirza Akbar Vs. Emperor

  3. Ravinder Singh Vs. State of Haryana

  4. None of these


Correct Option: A
Explanation:

The leading judgement on dying declaration came on Khushal Rao vs. State of Bombay.

A confession by an accused is irrelevant if it is caused by

  1. inducement

  2. threat

  3. promise

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

A confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement, threat or promise.

Whether evidence can be recorded by videoconferencing was decided in the leading case of

  1. State of Maharashtra Vs. Prafull B. Desai

  2. Mohd. Khalid Vs. State of WB

  3. Badri Rai Vs. State of Bihar

  4. Bishwanath Prasad Vs. Dwarka Prasad


Correct Option: A
Explanation:

Whether evidence can be recorded by videoconferencing was decided in the leading case of State of Maharashtra Vs. Prafull B. Desai.

Which of the following definitions is/are correct?

  1. Proved: A fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. The degree of certainty which must be arrived at before a fact is said to be proved is described in this section.

  2. Disproved: A fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

  3. Not Proved: A fact is said to be not proved when it is neither proved not disproved.

  4. All of the above


Correct Option: D
Explanation:

All are correct definitions provided under the Indian Evidence Act.

Where there is reasonable ground to believe that ____________ have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring as well as for the purpose of proving the existence of the conspiracy as for the purpose showing that any such persons was a party to it.

  1. two or more persons

  2. five or more persons

  3. one or more persons

  4. No limit prescribed


Correct Option: A
Explanation:

Under Section 10 of the Indian Evidence Act, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring as well as for the purpose of proving the existence of the conspiracy as for the purpose showing that any such persons was a party to it.

Karta can't alienate Joint Family Property

  1. for legal necessity

  2. for benefit of estate

  3. for donating in national interest.

  4. for making gift


Correct Option: C
Explanation:

Karta can't alienate Joint Family Property for donating in national interest.

Which one is not correct?

  1. Illegitame male child is not a coparcener.

  2. In Joint Family existence of property is essential.

  3. The coparcener become extinct when all male member die.

  4. Only a male can be a coparcener.


Correct Option: B
Explanation:

In Joint Family, existence of property is not essential.

Article 19(1) (g) of the Constitution refers to

  1. Freedom of Speech and Expression

  2. Freedom to practise any profession or to carry on any occupation, trade or business

  3. Freedom of forming Association

  4. Freedom to reside and settle any where in the country


Correct Option: B
Explanation:

Article 19(1) (g) of the Constitution refers to freedom to practise any profession or to carry on any occupation, trade or business.

Which of these is/are correct?

  1. RTI: Right to information

  2. CVC : Central Vigilance Commission

  3. CAT : Central Administrative Tribunal

  4. All are correct


Correct Option: D
Explanation:

All are correct.

The status of Hindu Joint Family can't be lost because of

  1. Conversion to a non-Hindu religion

  2. Marriage in non-Hindu

  3. Partition

  4. Adoption of Non-Hindu child


Correct Option: D
Explanation:

The status of Hindu Joint Family can't be lost because of adoption of non hindu child.

In re Delhi Laws Act is a leading case on

  1. Principle of Natural justice

  2. Delegated legislation

  3. Administrative discretion

  4. None of these


Correct Option: B
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