Question of the day | Legal terms of the day October 5, 2018

Question of the day

Question: Public holidays are declared under

(a) Criminal Procedure Code

(b) Civil Procedure Code

(c) Constitution of India

(d) Negotiable Instruments Act

Legal terms of the day

1) Bail – to pay, or promise to pay, an amount of money so that an accused person is not put in prison before the trial. If the accused person does not appear at the trial, the court can keep the money put up for bail.

2) Bailee –  a person or organisation looking after valuable items to keep them safe for the owner.

3) Bail hostel –  accommodation found for people charged with offences and released on bail, but who do not have a permanent address so that the police know where to find them.

4) Bailiff – an officer of the court who carries out the court’s orders, such as taking a debtor’s goods and selling them to get money to pay the debtor’s debts. A bailiff can also personally deliver (serve) documents on people.

5) Bailiwick – the area over which a bailiff has jurisdiction.

 

Today’s answer of the question: D

Question of the day | Legal terms lists October 4, 2018

Question of the day

Question:  A right to recover time barred debt is

(a) Universal right

(b) Perfect right

(c) Imperfect right

(d) Fundamental right

Legal terms of the day

1. PENDENTE LITE NIHIL INNOVETUR – During litigation nothing should be changed.

2. IN JURE NON REMOTA CAUSA SED PROXIMA SPECTATUR –In law not the remote but the proximate cause is looked at.

 3. IGNORANTIA FACTI EXCUSAT, IGNORANTIA JURIS NON EXCUSAT –Ignorance of fact can be excused, but ignorance of law cannot be excused.

4. IN DELICTO –At fault.

5. Corpus – Body.

 

Today’s answer of the question: C

 

Question of the day | Legal terms lists October 3, 2018

Question of the day

Question: Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of:

(a) Golaknath v. the State of Punjab
(b) Maneka Gandhi v. Union of India
(c) S.R.Bommai v. Union of India
(d) Kesavananda Bharati v. the State of Kerala

Legal terms of the day

1. IN LIMINE – At the outset, on the threshold.

2. IN PERSONAM – Against the person.

3. IN REM – Against the whole world

4. IN SITU – In its place.

5. INTER ALIA – Amongst other things.

 

Todays answer of the question: D

 

Question of the day | Legal terms lists October 1, 2018

Question of the day

Question: The act of unlawfully entering into another’s property constitutes

(a) Trespass

(b) Restraint

(c) Appropriation

(d) Encroachment

Legal terms of the day

1. EX GRATIA –Out of kindness, voluntary.

2. EX PARTE –Proceeding brought by one person in the absence of another.

3. EX POST FACTO –By reason of a subsequent act.

4. FACTUM –An act or deed.

5. HABEAS CORPUS –Produce the body.

 

Today’s answer of the question: A

Question of the day | Legal terms lists of the day September 29, 2018

Question of the day

Question: The Supreme Court held that evidence can be recorded by video-conferencing in the case

(a) State of Maharashtra v. Praful B. Desai

(b) Paramjit Kaur v. State of Punjab

(c) Pappu Yadav v. State of Bihar

(d) Bachan Singh v. the State of Punjab

Legal terms of the day

1. EX GRATIA –Out of kindness, voluntary.

2. EX PARTE –Proceeding brought by one person in the absence of another.

3. EX POST FACTO –By reason of a subsequent act.

4. FACTUM –An act or deed.

5. HABEAS CORPUS –Produce the body.

 

Today’s answer of the question: A

Question of the day | Legal terms lists September 28,2018

Question of the day

Question: Indian Parliament is based on the principle of

(a) Bicameralism

(b) Universal Adult Franchise

(c) Dyarchy

(d) Federalism

Legal terms of the day

1. CORPUS DELICTI –The body, i.e. the body of crime.

2. DE JURE – BY LAW, RIGHT DE MINIMIS LEX NON CURAT -The law does not notice trifling matters.

3. DE NOVO –Starting afresh.

4. DOLI INCAPAX –Incapable of crime (minor)

5. EJUSDEM GENERIS –Of the same kind.

 

Today’s answer of the question – A

Question of the day | Legal terms lists September 27, 2018

Question of the day

Question: Joint heirs to a property are called

(a) Co-heirs

(b) Coparceners

(c) Successors

(d) Joint owners

Legal terms of the day

1. ANIMO TESTANDI –With an intention of making a will.

2. CAVEAT VENDITOR –Let the seller beware.

3. CONSENSUS AD IDEM –Agreement as to the same things.

4. CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE –A contemporaneous(present) exposition is best and most powerful in law.

 5. CONTRA –To the contrary.

 

Today’s answer of the question: B

Legal Reasoning Quiz for Workshop

Answer 10 Simple Legal Reasoning Questions and enroll yourself for 2 Days Legal Terms & Maxims workshop

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Contact No.
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1.

Principle: An injury caused by an activity within the statutory authority of an agency cannot give rise to a tort claim.


Facts: The road between Park Circus and Park Street in Kolkata has developed a series of potholes and around half a day's work is required to repair it. The Municipal Corporation of Kolkata blocks off the road and repairs it from 8 am to 6 pm. As a result of the blockage, several people are late for work. Some of them particularly suffer tremendous loss as they are late for an important meeting. They bring a suit for nuisance against the MCK. Will they succeed?

2.

‘Delegatus non potest delegare’ means

3.

Principle: Any act done in good faith without the consent of another person and for his benefit is not an offence. He must not intend to commit an offence.


Facts: Z is thrown from his horse and is unconscious. A, a surgeon finds that Z needs to be operated upon  immediately. A, not intending to cause Z's death performs the surgery as a result of which Z dies. Is A guilty of any offence?

4.

Principle: Even if the sovereign functions of the State are discharged negligently, the State is not vicariously liable in tort.


Facts: A was a trader in gold. He was arrested by police and several articles, including gold were seized by the police and kept in the malkhana. Later he was discharged and his things were returned to him except gold which was stolen from the malkhana .  Is the State liable?

5.

Principle: Frustration of contract means happening of an event by which the contract becomes impossible of performance. Such a contract becomes void upon the happening of an impossible event.


Facts: A contracts to take in cargo for B at a foreign port. A's Government afterwards declares war against B's country. Does the contract become void on declaration of war?

6.

Under the Eighth Schedule, how many languages are mentioned?

7.

Principles:


(i) A contract is made by undue influence when one party to the contract is in a position to dominate the other's other will and causes the other party to enter into the contract.


(ii) A contract induced by undue influence is voidable by the party subjected to undue Influence.


Facts: A man weakened by age and disease agrees to pay his medical attendant an unreasonable sum for his services, as a result of his influence over the old man. Can the old man avoid the contract?

8.

Ceteris Paribus means :

9.

Principles:


(i) No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution.


(ii) If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes.


Facts : A branch of tree growing on A's land overhanging on the highway suddenly fell on B's vehicle passing along the highway. A was careful with pruning the branches as and when it was required. B sued A for damages. Is B liable?

10.

According to the Constitution, under Article 18(1), no title shall be conferred by the State except:


Question of the day | Legal terms lists September 26, 2018

Question of the day

Question: What does the legal term Caveat Emptor refer to?

(a)Let the buyer beware

(b) According to value

(c) An unwelcome person

(d) Beyond the powers

Legal terms of the day

1. Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.

2. Ratio decidendi – Principle or reason underlying a court judgement.

3. Res ipsa loquitor – The thing speaks for itself.

4. Caveat venditor -Let the seller beware.

5. Certiorari – A writ by which orders passed by an inferior court is quashed.

 

Today’s answer of the question: A

Question of the day | Legal terms lists September 25, 2018

Question of the day

Question: Which of the following is entrusted with a statutory duty of laying down the standards of professional conduct and etiquette for advocates in India?

(a)Supreme Court of India

(b) Bar Association of India

(c) Bar Council of India

(d) Delhi Bar Council

Legal terms of the day

1. ACTUS NON FACIT REUM NISI MENS SIT REA –A person will not be guilty without criminal intent.

 2. ACTUS REUS –A guilty deed or act.

 3. AD HOC –For this purpose.

 4. AD INFINITUM –Forever, without limit, to infinity.

 5. AEQUITAS LEGEM SEQUITUR- Equity follows the law.

 

Today’s answer of the question: C

Question of the day | Legal terms lists September 24, 2018

Question of the day

Question: In law, the term ‘neighbour’ means-

(a) People who stay in your locality

(b) People who live adjoining to your residence

(c) People who might be affected by your actions

(d) The word has not been given any particular definition

Legal terms of the day

1. RE –In the matter of.

2. RES –Matter, affair, thing, circumstance. Res judicata A thing adjudged is accepted for the truth.

3. AB INITIO –From the beginning

4. ACCESSORIUS SEQUITUR –An accessory to the crime cannot be guilty of a more serious crime than the principal offender.

5. ACTORI INCUMBIT ONUS PROBANDI- The burden of proof lies on the plaintiff.

 

Today’s answer of the day question: C

 

Question of the day | Legal terms lists September 22, 2018

Question of the day

Question:  Who is the Legal Advisor to the Government of a State in India?

(a)The Solicitor General

(b) The State Chief Legal Officer

(c) The High Court

(d)The Advocate General

Legal terms of the day

1. RATIO DECIDENDI –Reason for deciding the main part of judgement.

2. SINE QUA NON –“Without which nothing”

3. SINE DIE –Indefinitely

4. STARE DECISIS –The principle that courts must abide by precedents set by judgement made in higher courts.

5. ANNUL –To cancel

 

Today’s answer of the question: D

Question of the day | Legal terms lists September 21, 2018

Question of the day

Question: What is the meaning of the maxim “nemo judex in sua causa”?

(a) The judge needs a cause to condemn the accused.

(b) No person can be a judge in his own cause.

(c) The judiciary is appointed for a cause, and they shall serve the cause till their last breath.

(d) None of these.

Legal terms of the day

1. NON SEQUITUR –An inconsistent statement

2. PARI PASSU –On an equal footing.

 3. PER CURIAM- In the opinion of the court.

4. PRO RATA –In proportion.

5. QUANTUM –An amount.

 

Today’s answer of the question: B

 

Question of the day | Legal terms lists September 20, 2018

Question of the day

Question: Which of the following had the most profound influence in framing the Indian Constitution?

(a)British Constitution

(b) US Constitution

(c) Irish Constitution

(d) The Government of India Act, 1935

Legal terms of the day

1. MANDAMUS –We command.

2. MENS REA –Guilty state of mind.

3. NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA –No one can be judge in his own case.

4. NEXUS –Connection

5. NISI –Unless

 

Today’s answer of the question: D