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Legal Terms and Legal Structure -1

Description: Legal Terms
Number of Questions: 15
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Tags: Legal Terms
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Habitual offender is one who

  1. habitually commits offence

  2. habitually remains in company of habitual offenders

  3. deals with and gives asylum to habitual offenders

  4. commits offences mentioned in section 110 and against whom record of commission of more than two offences is available at the time of initiation of proceeding against him


Correct Option: D
Explanation:

Habitual offender is one who commits offences mentioned in section 110 and against whom record of commission of more than two offences is available at the time of initiation of proceeding against him.

The term 'bail' signifies of conditional release of an accused or arrested person by the

  1. police officer during investigation, but not by the magistrate during enquiry.

  2. magistrate during inquiry, but not by the court during trial.

  3. court during trial, but not during revision.

  4. police officer, magistrate or court during investigation, enquiry or trial.

  5. police officer, magistrate or court during trial.


Correct Option: D
Explanation:

The term 'bail' signifies of conditional release of an accused or arrested person by the police officer, magistrate or court during investigation, enquiry or trial. 

The evidentiary value of a retracted confession is that it

  1. still remains an evidence

  2. remains an evidence but a weak evidence

  3. becomes a corroborative but a weak evidence

  4. becomes other evidence from only evidence


Correct Option: C
Explanation:

Retracted Confession is a confession which has been withdrawan or rejected later on by the accused who made it. It can be used for a corroboration later on hence it is a weak type of evidence.

The expression 'Police custody' means and includes

  1. control by the police over the accused directly

  2. control by the police directly as well as through third persons indirectly over the accused

  3. control over the accused indirectly through third persons

  4. some kind of surveillance and restrictions over the accused by police or through third persons

  5. All of above


Correct Option: D
Explanation:

The expression 'Police custody' means and includes some kind of surveillance and restrictions over the accused by police or through third persons.

Hostile witness is the one who

  1. tells the truth and gives testimony in the favour of the party who called him as a witness

  2. gives statements against the opposite party

  3. gives statement against the party who called him as a witness

  4. is not desirous to tell the truth, and gives testimony against the party who called him as a witness in his favour

  5. Either (2) or (3) or (4)


Correct Option: D
Explanation:

Hostile witness is the one who is not desirous to tell the truth, and gives testimony against the party who called him as a witness in his favour. 

A legislation made by the state legislature is

  1. subordinate legislation

  2. supreme legislation

  3. autonomous legislation

  4. degated legislation

  5. None of the above


Correct Option: C
Explanation:

Autonomous legislation means a self governing legislation with respect to local or internal affairs of a state.

Which one of the following correctly distinguishes theft from extortion?

  1. In theft, movable property must be dishonestly taken whereas in extortion there is delivery of the thing extorted.

  2. In extortion, there must be dishonest intention whereas in theft, the same is not necessary.

  3. Theft requires dishonest intention whereas extortion requires fraudulent intention.

  4. Theft is an offence against movable property whereas extortion is an offence against immovable property.


Correct Option: A
Explanation:

Theft and extortion both requires a dishonest intention for the completion of an offence. Theft states taking of property and Extortion states delivery of property. Theft deals with movable property and Extortion deals with movable & immovable property and valuable securities.

Crossword competition is

  1. a wagering agreement

  2. a contingent contract

  3. an illegal agreement

  4. a valid agreement


Correct Option: D
Explanation:

It is nowhere provided as void in law.

In which one of the following is consideration not required?

  1. Contract of insurance

  2. Contract of bailment

  3. Contract of guarantee

  4. Contract of service

  5. All of the above


Correct Option: B
Explanation:

In contract of bailment consideration is not required?

Under which of the following sections of IPC is the word ‘Public Servant' defined?

  1. Section 14

  2. Section 21

  3. Section 19

  4. Section 20


Correct Option: B
Explanation:

Under Section 21 of IPC, the word ' Public Servant' has been defined.

An easement, which not being an easement of absolute necessity, comes into existence by presumed grand or operation of law is called

  1. easement by prescription

  2. easement by local custom

  3. easement by necessity

  4. quasi-easement


Correct Option: D
Explanation:

Quasi-easement is an easement of absolute necessity that comes into existence by presumed grand or operation of law.

Which one of the following statements is correct?

  1. The principal offender must have the same guilty mind as that of the abettor.

  2. Abettor's liability is dependent on the liability of the principal offender.

  3. Abettor and principal offenders may be differently liable for different offences.

  4. If the abettor is innocent, the principal offender is also not liable.


Correct Option: C
Explanation:

Abettor possess with guilty mind and will be liable for the abetment and for the offence which the principle offender has committed. Principle Offender will be liable for lesser punishment as he does not have guilty mind towards the commission of offence.

Which one of the following is not an actionable claim?

  1. Claim for arrears of rent

  2. Provident fund payable after retirement

  3. A share in partnership

  4. A secured debt


Correct Option: D
Explanation:

Actionable claim is a claim to any debt, other than a debt secured by mortgage or pledge. Actionable claim is a claim to any beneficial interest not in the possession of the claimant.

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).

Assertion (A): The principle of equality before law means that there should be equality of treatment under equal circumstances. Reason (R): All persons are not equal by nature, attainment or circumstances.

  1. Both (A) and (R) are individually true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are individually true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

 A person with different nature, skills and qualifications cannot be treated equal in law.

An advertisement of auction is a/an

  1. proposal

  2. mere statement

  3. invitation to offer

  4. standing offer

  5. None of above


Correct Option: C
Explanation:

In an invitation to offer, no intention on the part of the person is found, who is sending the invitation to obtain the assent of the other person.  Here advertisement of an auction is not an offer to a particular person. It is an offer to society at large.

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