Important Legal terms and maxims for Law Students, Law entrance exams and Judicial exams – Basic

Legal Maxims are established principles or propositions of law. They are usually stated in Latin and most of them originated in Medieval Europe. These principles help and guide the courts all over the world to apply the existing laws in a just manner. One must note that though these principles are universally accepted, they lack the force of law. However, courts often use these maxims to decide on issues and base their judgements on.

These maxims are often used by lawyers in their drafts or form a basis of their arguments. They are often asked in Law entrance exams like CLAT and are also often seen on Judiciary exams. Therefore, it is essential that any aspiring Law student or those applying for Judicial services exams be well versed with these.

Below, we take a look at most frequently used Legal terms and Maxims and their basic meaning. For more in depth understanding of these maxims, please click here for our more detailed explanation of these maxims. Both these pages are to be updated regularly.

  1. Ab initio – from the  beginning.
  2. Audi Alteram Partem – Listen to the other side/Let the other side be heard as well/No man shall be condemned unheard.
  3. Actus Dei Nemini Injuriam – The law holds no man responsible for the Act of God.
  4. Actio personalis moritur cum persona – A personal right of action dies with the person.
  5. Actori Incubit Onus Probandi – The burden of proof always lies on the Plaintiff.
  6. Alibi – Elsewhere
  7. Actus Reus Non Facit Reum Nisi Mens Sit Rea – An Act does not make anyone guilty unless accompanied by a criminal intent or a guilty mind.
  8. Amicus Curae – A friend of the Court or a member of the Bar who is appointed to assist the court in some legal matter.
  9. Assentio Mentium – Meetings of the minds or mutual assent expressed or implied by both parties to the contract.
  10. Ad Hoc – Created or done for particular purpose as necessary.
  11. Actiones Legis – Law Suits or lawful action.
  12. Actionable per se – Actions that do not require the allegations or proof of additional facts to constitute a cause of action.
  13. Actus Reus – A guilty deed or act.
  14. Ad valorem – According to value.
  15. Animus Possidendi – Intention to possess; Effective possession.
  16. Adjournment Sine Die – To adjourn without setting a day for further meeting or hearing.
  17. Arma in Armatus Sumera Jura Sinut – The laws permit the taking of arms against the armed.
  18. Bona Fide – Genuine, In good faith.
  19. Bona Vacantia – Goods without an apparent owner, vacant goods
  20. Boni Judicis Est Ampliare jurisdictionem – It is the duty of the judge to enlarge/extend its jurisdiction.
  21. Caveat – A warning to consider something before taking any further action.
  22. Caveat Actor – Let the doer be on guard.
  23. Caveat Emptor – Let the buyer beware.
  24. Caveat Venditor – Let the seller beware.
  25. Cassetur Billa – That the bill be quashed.
  26. Ceritoriari – A writ or order by which a Superior court calls for records from a lower court.
  27. Consensus ad idem – Meeting of the minds, Agreement between parties in the same sense and same thing.
  28. Contemporanea expositio est optima etfortissinia in lege – Contemporaneous exposition is the best and strongest in law.
  29. Corpus – Body.
  30. Corpus Delicti – Body of the crime, refers to idea that requisite elements of a crime must be proven before an individual can be tried for a crime.
  31. Conditio Sine Qua Non – An indespendable condition, A condition without which it could not be.
  32. Crimen Omnia Ex Se Nata Vitiat – Crime vitiates everything which springs from it.
  33. Damnum Sine Injuria – Damage incurred without legal injury.
  34. De Die in Diem – From day to day.
  35. De facto – In fact
  36. De Jure – In law, according to rightful entitlement or claim.
  37. De Futuro – In the future.
  38. De minimis – Pertaining to minimal things.
  39. De Minimis Non Curat Lex – The law does not concern itself with trifles.
  40. De Novo – From the beginning, a new.
  41. Donatio Mortis Causa – A gift made by the person because of impending death.
  42. Delegatus Non Potest Delegare – A delegated authority cannot be delegated further.
  43. Debita Sequuntur Personam Debitoris – Debts follow the person of the debtor.
  44. Doli Incapax – Incapable of doing harm or committing crime.
  45. Dominium – Ownership, Control of property.
  46. Detinue – Crime for wrongful detention of goods or personal possessions.
  47. Ei Incumbit Probatio qui dicit, nonqui negat – The burden of proof lies upon the person who affirms, but not he who denies. (Presumption of Innocence).
  48. Ejusdem Generis – Of the same kind.
  49. Estoppel – Prevented from denying.
  50. Ex Gratia – As favour.
  51. Ex Officio – by virtue of office held.
  52. Ex Parte – Proceedings in absence of the other party.
  53. Ex Post Facto – By reason of a subsequent act.
  54. Ex Turpi Causa non Oritur action – No action can arise on illegal act or immoral contract.

Important Legal terms and maxims for Law Students, Law entrance exams and Judicial exams.

Legal Maxims are established principles or propositions of law. They are usually stated in Latin and most of them originated in Medieval Europe. These principles help and guide the courts all over the world to apply the existing laws in a just manner. One must note that though these principles are universally accepted, they lack the force of law. However, courts often use these maxims to decide on issues and base their judgements on.

These maxims are often used by lawyers in their drafts or form a basis of their arguments. They are often asked in Law entrance exams like CLAT and are also often seen on Judiciary exams. Therefore, it is essential that any aspiring Law student or those applying for Judicial services exams be well versed with these.

Here, we take a look at some of the most important and frequently asked and used Legal Maxims that every aspiring law student must know.

1. Ab Initio – from the beginning.

Ab Initio means from the very beginning. It means that the particular thing is void or bad in law right from the start. The term is often used to describe clauses in contracts or deeds and even marriages. Things that are void ab initio means that they never existed in the first place.

For eg: Contracts involving a minor are void ab initio.

The marriage that is held to be void it means that as far as law is concerned, the marriage was void ab initio and hence never existed or came into being in first place.

2. Audi Alteram Partem – Listen to the other side/Let the other side be heard as well/No man shall be condemned unheard.

Audi Alteram Partem is a very important principle of Natural justice. It states that No side should be judged without a fair hearing and that every party to the proceeding must be given an opportunity to present their side of the story and respond to allegations against them. Needless to say this is one of the most important principle of Natural justice and not following this principle in any judicial proceeding would amount to gross violation of legal rights of the party affected by this.

In India, Supreme Court has reiterated this principle in the case of Maneka Gandhi v. Union of India, (A.I.R 1978 S.C. 597) where the Court stated that the order of the Government was clearly in violation of the rule of natural justice embodied in the maxim, Audi Alteram Partem.

3. Actus Dei Nemini Injuriam – The law holds no man responsible for the Act of God.

This is a very important principle and is an important defence available to a defendant in any civil suit. An Act of God, as the name suggests, is such a direct, sudden and violent act of nature that could not have been foreseen by any amount of human insight by a prudent man, and if foreseen, no ordinary and prudent person could have resisted it. Thus, damages caused by storms, earthquakes, lighting, etc is deemed to be an Act of God, and no man could be held responsible for damages caused due to such acts.

The Doctrine of Frustration in Contracts Act is based on the above Principle. Thus, if A agreed to ship goods to B, on a certain date, but if the Ship through which the goods were sent sinks due to an unusually severe storm, then A would be excused from performing the contract as sinking of the Ship due to storm is deemed to be an Act of God.

4. Actio personalis moritur cum persona – A personal right of action dies with the person.

This maxim refers to the principle, that means extinction of liability on death of a person. As per Common Law, if an injury was done either to the person or to the property of another, for which only damages could be recovered, then the action dies with the death of a person to whom, or by whom the injury was caused. Thus, personal right of action does not survive death of either party.

This principle is subject to several exceptions, the primary ones being any damage caused by defendant to platntiff’s reputation such as defamation or wrongly appropriated part of plaintiff’s estate.

Supreme Court held that the maxim “actio personalis moritur cum persona” – a personal action dies with the person – has a limited application – operates in a limited class of actions such as:

  • actions for damages for defamation,
  • actions for assault or
  • actions for other personal injuries not causing the death of the party,
  • and in other actions where after the death of the party the relief granted could not be enjoyed or granting it would be nugatory.

5. Actori Incubit Onus Probandi – The burden of proof always lies on the Plaintiff.

This is a cardinal principle followed in Law of Evidence. It means that the party that raises the issue, i.e. the Plaintiff is the one who has burden of proof.

In civil cases, the burden of proof therefore lies on the Plaintiff. In criminal cases, it lies on the Prosecution. As per principles of natural justice, it is on the prosecution to prove their case and allegations beyond all reasonable doubt.

6. Alibi – Elsewhere, In another place.

Alibi is a plea available to a defendant in a criminal trial. Alibi means that a person was literally somewhere other than a place where the crime occurred. In the original latin, it means “in another place”.

Black’s Law dictionary has defined Alibi as “A defense based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than the scene of the crime at the relevant time. The fact or state of having been elsewhere when an offense was committed.”

In Indian context, Alibi has not been defined under Indian Penal Code, 1860 or Indian Evidence Act, 1872. However, the plea of Alibi is very much possible under Section 11 of Indian Evidence Act, which enumerates how facts that are not otherwise relevant. The plea of Alibi is described under Illustration (a) of S.11 of Indian Evidence Act.

7. Actus Reus Non Facit Reum Nisi Mens Sit Rea – An Act does not make anyone guilty unless accompanied by a criminal intent or a guilty mind.

“Mens Rea” literally means a “guilty mind” and “criminal intent”. As per this maxim, there can be no crime without a guilty mind. Thus, a guilty mind or a criminal intent is an important ingredient of a crime, or an offence. Therefore, if a person is to be punished under Criminal Law, then it is generally necessary that he must have not only committed the act that constitutes a crime, but that such act was done with a guilty mind (Mens rea).

Thus, a person who is in an extremely drunk and inebriated stage and is in no frame of mind to know what he is doing, cannot be said to have committed a crime. Similarly, a person who is a lunatic or is suffering from a mental disorder, that is so severe that he is not in a position to know the significance of his actions, cannot be said to have committed a crime. In both the cases, the intent and guilty mind or mens rea are missing.

However, this Principal is now subjected to a few exceptions. It is said that now the offences themselves are codified and clearly defined and it can be clear from reading the definition of an offence as to whether there is an ingredient of mens rea present on not. As a thumb rule, Mens rea is not required to be proved in petty offences like traffic offences, where it is impossible to prove. In offences involving strict liability, Mens rea is irrelevant, because the act itself constitutes a crime.

In one of the cases, In Re. Tunda: (1950) 51 Cr. L. J. 402, both accused and deceased were wrestlers and they arranged a wrestling match. In the course of the match, the deceased fell as a result from the blow from the accused and broke his skull. Under the circumstances, the court held that this was a case of accident and there was no guilty intention on part of the accused and hence he was not held liable of the crime.

8. Amicus Curae – A friend of the Court or a member of the Bar who is appointed to assist the court in some legal matter.

Amicus Curae literally means a “Friend of the court”. He is generally a person that is not a party to the case, but is appointed by the court to seek his assistance and expertise, in such areas where court may deem it to be necessary. Often Amicus Curae advice the courts on matters that are highly technical or where they have more expertise.

In India, courts often appoint counsels as Amicus Curae when it feels that their appointment is imperative to set the wheels of justice rolling in a particular case.

Supreme court has also laid down norms for appointment of Amicus Curae in cases where there is possibility of life or death sentence.

9. Assentio Mentium – Meetings of the minds or mutual assent expressed or implied by both parties to the contract.

This is a very important doctrine or legal maxim, primarily followed in Law of Contracts. As per law of contracts, a contract is not valid unless its terms have been agreed and understood by both the parties in the same sense. This implies there is meeting of the minds.

Thus both parties must consent to the Contract in the same sense and such consent should be free.

S.13 of Indian Contract Act, 1872 defines Consent and reads as “Two or more persons are said to consent when they agree upon the same thing in the same sense”. Therefore, the consent should not only be free, but an important ingredient of the contract should be meeting of the minds as well as Consensus ad idem, which is at the root of every contract.

As per a judgement in Raffles v. Wichelhaus (1864) 2 H&C 906:159 ER 375, It was held that “It is essential to the creation of contract that two parties agree to the same thing in the same sense. Thus if two persons enter into an apparent contract concerning a particular person or ship, and it turns out that each of them, mislead by a similarity of name, had a different person or ship in mind, no contract would exist between them”.

10. Ad Hoc – Created or done for particular purpose as necessary

Ad hoc means for the sole purpose of  or “for this purpose only”. Thus an Ad Hoc committee is formed for a particular purpose only, and an ad hoc attorney is one who is hired to handle one problem only.

Ad hoc provides for something that was not planned for in the existing set up or framework.

CLAT 2021 – Important Dates

The dates for CLAT 2021 have been postponed once again. The new dates are given below:

Application Open – 01st Jan, 2021

Application Deadline – 15th June, 2021

Release of Admit Card – To be Notified. 

Date of Test – To be Notified.

Mumbai University 3 Year LLB Syllabus

Year 1

First Semester

A.   Labour Laws – 100 Marks

B.    Law of Contracts – I – 100 Marks (Sections 1-75: 60 Marks) and Specific Relief Act (40 Marks)

C.    Law of Torts (70 Marks) Consumer Protection Act (30 Marks)

D.   Legal Language – 100 Marks

 

Second Semester

A.   Indian Penal Code (70 Marks) & Criminal Jurisprudence (30 Marks)

B.    Constitutional Law – 100 Marks

C.    Family Law – I – 100 Marks

D.   Environmental Laws – 100 Marks

E.    Practical Training, I – 100 Marks

 

Year 2

Third Semester

A.   Administrative Law – 100 Marks

B.    Family Law – II – 100 Marks

C.    Property Law (Transfer of Property Act) – 100 Marks

D.   Company Law – 100 Marks

 

Fourth Semester

A.   Jurisprudence – 100 Marks

B.    Law of Contracts – II:

a.     Contracts Act Sections 124-238 (40 Marks)

b.     Indian Partnership Act (30 Marks)

c.     Sale of Goods Act (30 Marks)

C.    Land Laws – 100 Marks

D.   Optional Paper (100 Marks) – Any one of:

a.     Criminology

b.     Taxation Laws

c.     Law of Insolvency

E.    Practical Training – II – 100 Marks

 

Year 3

Fifth Semester

A.   Civil Procedure Code (85 Marks), Limitation Act (15 Marks)

B.    Criminal Procedure Code:

a.     CrPC, 1973 (70 Marks)

b.     Juvenile Justice Act (15 Marks)

c.     Probation of Offenders Act (15 Marks)

C.    Interpretation of Statutes (100 Marks)

D.   Public International Law (50 Marks) and Human Rights (50 Marks)

 

Sixth Semester

A.   Alternate Dispute Resolution (100 Marks)

B.    Law of Evidence (100 Marks)

Optional Papers (Any 2, 100 Marks each)

a.     Banking & Negotiable Instruments Act

b.     Law of Insurance

c.     Intellectual Property Law

d.     Conflict of Laws

e.     Law relating to women & children

f.      Law and Medicine

Practical Training III – Drafting, Pleading & Conveyancing (100 Marks)

Practical Training IV (100 Marks)

Multiple Choice Questions (MCQ’s) on Indian Evidence Act, 1872

  1. Multiple Choice Questions (MCQ’s) on Indian Evidence Act, 18721. Law of evidence is:

    a. Lex loci
    b. Lex situs
    c. Lex Fori
    d. Lex Tallienis

    2. The Indian Evidence Act 1872, is not applicable to:

    a. Affidavits presented in court.
    b. Proceedings before an Arbitrator
    c. Judicial Proceedings before a Court
    d. Both (a) and (b)

    3. Proceedings relating to proof and admissibility of electronic documents have been incorporated in the Evidence Act by the:

    a. Evidence (Amendment) Act, 1989
    b. CrPC (Amendment) Act, 1973
    c. Information Technology Act, 2000
    d. Right to Information Act, 2005

    4. The Indian Evidence Act, 1872 has:

    a. Prospective effect.
    b. Retrospective effect
    c. Is a substantive law
    d. Affects fundamental rights of a person.

    5. Fact is issue means the fact, existence of which is:

    a. Admitted by the parties
    b. Disputed by the parties
    c. Agreed to by the parties
    d. None of the above.

    6. Evidence means and includes:

    a. Only oral evidence
    b. Only documentary evidence
    c. Both oral evidence and documentary evidence
    d. Only such oral evidence that is based on documents.

    7. Judge’s personal knowledge or observation cannot be treated as evidence. This statement is:
    a. Correct
    b. Incorrect
    c. Partly correct and partly incorrect.
    d. None of these.

    8. Indian Evidence Act, 1872 was drafted by:

    a. Lord Thomas Macaulay
    b. J.M. Macleod
    c. Sir James Stephen
    d. None of the above

    9. Under Indian Evidence Act, 1872, which of the following is not a “Document”?

    a. A map
    b. A writing
    c. A photograph
    d. A telephonic conversation

    10. The plea of alibi is established by:

    a. Prosecution
    b. Accused
    c. Either by Prosecution or by accused
    d. None of the above.

    11. In a matter before the court, which of the following is NOT an evidence in the case:

    a. Confession of a co-accused
    b. Entries in book of accounts regularly kept in the course of business.
    c. Statement of the accused made u/s 313 of CrPC
    d. Expert Testimony.

    12. Section 7 of Evidence Act does not include which of the following:

    a. Occasion
    b. Cause
    c. Purpose
    d. Effect

    13. Section 8 of Indian Evidence Act deals with?

    a. Conduct
    b. Motive
    c. Preparation
    d. All of the above

    14. Identification parade may be conducted by:

    a. Magistrate
    b. Any citizen
    c. Police Officer
    d. All of the above

    15. Admission is a statement which can be:

    a. Oral, written and spoken
    b. Oral and documentary
    c. Oral, documentary or contained in electronic form
    d. None of the above.

    16. S. 27 of Indian Evidence Act is based on:

    a. Doctrine of Proportionality
    b. Doctrine of Agency
    c. Doctrine of Eclipse
    d. Doctrine of confirmation by subsequent events.

    17. A dying declaration is admissible:

    a. Only in civil proceedings
    b. Only in criminal proceedings
    c. Neither in criminal proceedings nor in civil proceedings.
    d. In civil as well as criminal proceedings both.

    18. To be admissible, dying declaration must be:

    a. Must be made before Magistrate
    b. Must be made before police officer.
    c. Must be made before a doctor or a private person.
    d. May be made either before a magistrate or a police officer or a doctor or a private person.

    19. To be admissible, dying declaration must be:

    a. Relating to the cause of death.
    b. The person making the statement must be competent.
    c. The person making the statement must make such statement under the expectation of death.
    d. The statement must be complete.

    20. Facts judicially noticeable:

    a. Need to be proved.
    b. May be proved.
    c. Need not be proved
    d. None of the above.

    21. S. 58 of Indian Evidence Act deals with:

    a. Formal admissions.
    b. Evidentiary admissions
    c. Formal as well as evidentiary admissions
    d. Proof of facts by oral evidence.

    22. S. 115 of the Indian Evidence Act deals with:

    a. Presumption as to the commission of a crime
    b. Presumption as to dowry death.
    c. Doctrine of Estoppel.
    d. Presumption as to Abetment of Suicide by a married woman.

    23. Presumption regarding dowry death is contained in which provision of Indian Evidence Act:

    a. U/s 113 (a)
    b. U/s 113 (b)
    c. U/s 114(a)
    d. U/s 114 (b)

    24. Presumption regarding abetment of suicide by a married woman is provided in:

    a. U/s 113 (a)
    b. U/s 113 (b)
    c. U/s 114(a)
    d. U/s 114 (b)

    25. Burden of proof is lightened by:

    a. Presumptions
    b. Admissions
    c. Estoppels
    d. All of the above.

    Answer Key

    1. Lex Fori
    2. Proceedings before an Arbitrator
    3. Information Technology Act, 2000
    4. Retrospective effect.
    5. Disputed by the parties.
    6. Both oral evidence and documentary evidence
    7. Correct
    8. Sir James Stephen
    9. A telephonic conversation.
    10. Accused
    11. Statement of the accused made u/s 313 of CrPC
    12. Purpose
    13. All of the above
    14. All of the above
    15. Oral, documentary or contained in electronic form
    16. Doctrine of confirmation by subsequent events.
    17. In civil as well as criminal proceedings both.
    18. May be made either before a magistrate or a police officer or a doctor or a private person.
    19. The person making the statement must make such statement under the expectation of death.
    20. Need not be proved
    21. Formal as well as evidentiary admissions
    22. Doctrine of Estoppel.
    23. U/s 113 (b)
    24. U/s 113 (a)
    25. All of the above.

Multiple Choice Questions (MCQ’s) on Code of Civil Procedure and Limitation Act

1. Plea of Res-Judicata:

a. Need not be specifically raised
b. Has to be specifically raised.
c. Is for the court to see of its own.
d. Neither (a) or (b) but only (c)

2. In a suit where doctrine of Res-Judicata applies, the suit is liable to be:

a. May be stayed & may be dismissed.
b. Stayed
c. Dismissed
d. Both (b) and (c)

3. No decree to be set aside without notice to opposite party under which of the __________ in the Code of Civil Procedure?

a. Order 6, Rule 10
b. Order 9, Rule 14
c. Order 5, Rule 30
d. Order 4, Rule 13

4. Which of the following section deals with “matters for which rules may provide” in the Code of Civil Procedure?

a. Section 103
b. Section 129
c. Section 128
d. Section 122

5. Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

a. Order 11, Rule 17
b. Order 6, Rule 10
c. Order 16, Rule 12
d. Order 4, Rule 13

6. Section ____ provides for enforcement of a decree against legal representative:

a. Section 51
b. Section 52
c. Section 50
d. Section 56

7. Section ____ provides for property liable to attachment and sale in execution of decree:

a. Section 62
b. Section 63
c. Section 65
d. Section 60

8. Section ___ deals with the transfer of decree in Code of Civil Procedure:

a. Section 33
b. Section 39
c. Section 43
d. Section 47

9. _______ deals with Statement and Production of Evidence in the Code of Civil Procedure:

a. Order 12, Rule 9
b. Order 14, Rule 4
c. Order 10, Rule 6
d. Order 18, Rule 2

10. Doctrine of Res Sub Judice is provided under Section ____:

a. Section 9
b. Section 10
c. Section 11
d. Section 12

11. Which of the following court has Original as well as Appellate Jurisdiction?

a. Revenue Court
b. Munsiff’s Court
c. District Court
d. None of the above.

12. In every plaint, U/s 26 of CPC, facts should be proved by:

a. Oral Evidence
b. Written Evidence
c. Documentary Evidence
d. Affidavit

13. Which of the following sections of the code is intended to prevent two parallel proceedings in respect of the same cause of action:

a. Section 9
b. Section 10
c. Section 11
d. Section 13

14. The word ‘rights’ in the definition of decree as given and defined in Section 2(2) of the code refers to:

a. Procedural rights
b. Substantive rights
c. Both (a) and (b)
d. None of the above.

15. Under CPC, suits w.r.t. immoveable property, where entire relief sought can be obtained through personal obedience of the defendant can be instituted in a court within whose local jurisdiction:

a. The property is situated
b. The defendant voluntarily resides or carries on business
c. The defendant voluntarily resides or personally works for gains
d. All of the above.

16. Original documents to be produced at or before settlement of issues under which of the following in the Code of Civil Procedure?

a. Order 4, Rule 13
b. Order 6, Rule 9
c. Order 9, Rule 17
d. Order 13, Rule 1

17. In CPC, the term “decree” is defined in Section_____:

a. 2(a)
b. 2(b)
c. 2(2)
d. 2(1)

18. The term res Judicata means:

a. A matter already adjudicated/decided
b. Stay on proceedings
c. Bar on proceedings
d. Further proceedings.

19. Section ____ deals with power of Supreme Court to transfer suits, etc in the Code of Civil Procedure:

a. Section 18
b. Section 22
c. Section 25
d. Section 33

20. Principles of Res Judicata applies to:

a. Suits only
b. Arbitration proceedings
c. Execution proceedings
d. To suits as well as execution proceedings.

21. Section ___ deals with institution of suit in respect of immoveable property, situated within the jurisdiction of different courts:

a. Section 15
b. Section 17
c. Section 19
d. Section 21

22. The Limitation Act contains:

a. 32 sections
b. 137 articles
c. Both (a) and (b)
d. None of the above.

23. The provisions relating to abatement do not apply to:

a. Appeals
b. Execution Proceedings
c. Both (a) and (b)
d. None of the above.

24. Where a person challenges a Decree, he shall challenge the same by filing a:

a. Application
b. Appeal
c. Notice of Motion
d. Chamber Summons

25. A decree may be executed by ____:

a. Court which passed it
b. Court to which it is sent for execution.
c. Both (a) and (b)
d. None of the above.

Answer Key:

1. Has to be specifically raised.
2. Dismissed.
3. Order 9, Rule 14
4. Section 122
5. Order 11, Rule 17
6. Section 52
7. Section 60
8. Section 39
9. Order 18, Rule 2
10. Section 10
11. District Court.
12. Affidavit.
13. Section 10
14. Substantive rights.
15. All of the above.
16. Order 13, Rule 1
17. 2 (2)
18. A matter already adjudicated/decided
19. Section 25
20. To suits as well as execution proceedings
21. Section 17
22. Both (a) and (b)
23. Execution Proceedings.
24. Appeal
25. Both (a) and (b)

Multiple Choice Questions (MCQ’s) on Interpretation of Statutes

Principles of Interpretation:

1) Where in an enactment, there are two provisions which cannot be reconciled with each other; they should be so interpreted that, if possible effect may be given to both. This is known as the_____________

a. Rule of harmonious construction
b. Rule of ejusdem generis
c. Rule of reasonable construction
d. None of the above

2) According to _ rule of interpretation meaning of word should be known from its accompanying or associated words?

a. Golden Rule
b. Noscitur a Sociis
c. Primary Rule
d. Mischief Rule

3) _____ means that contemporaneous exposition is the best and strongest in law:

a. Noscitur a Sociss
b. Ejusdem Generis
c. Contemporanea Expositio Est Optima Et Fortissima In Lege
d. None of the above.

4) Which of the following are acceptable External aids/materials that can be used in interpreting legislation?

a. Dictionaries
b. Notes on clauses/bills
c. Parliamentary committee reports
d. All of the above.

5) Generally, ____ are given strict interpretations:

a. Welfare Laws
b. Criminal Laws
c. Labour Laws
d. None of the above

6) If there is a discrepancy between the schedule and a specific provision within the enactment, the _____ shall prevail:

a. Provisions
b. Schedule
c. Both will be applicable as per the situation
d. None of the above.

7) Mischief rule is:

a. In interpretating statutes, judges should interpret the words literally
b. There must be no mischief in courts.
c. In interpreting statutes, judges should look at the ‘mischief’ which the act was passed to prevent.
d. In interpreting statutes, judges should interpret the words as they see fit.

8) Which of these is a disadvantage of Delegated Legislation:

a. It can be flexible
b. It can be made by reference to specific knowledge.
c. It is quick to produce.
d. It raises issues of accountability.

9) What is Delegated Legislation?

a. An act of the Parliament.
b. Law made by a person or body to whom the Parliament has delegated power.
c. Law made by a delegation.
d. A decision of the courts.

10) What is the rule in Pepper v Hart?

a. Judges cannot refer to any external aid when interpreting Statutes.
b. Judges can refer to Hansard when interpreting Statutes.
c. Judges can refer to other judges when interpreting Statutes.
d. Judges can refer to Newspapers when interpreting Statutes.

11) What is meant by Purposive Approach?

a. The Judge must interpret the Statute in the light of purpose of its enactment.
b. The Judge must interpret the Statute on Purpose.
c. The Judge must interpret the Statute in the purpose of deciding the case before him or her.
d. The Judge must interpret the Statute with a purposeful manner.

12) What is the Doctrine of Stare Decisis?

a. The doctrine of Statutory Interpretation.
b. The doctrine of Royal Pardon.
c. The doctrine of Parliamentary Sovereignty.
d. The doctrine of Precedent.

13) Internal aid in Interpretation of Statutes include:

a. Preamble
b. Title
c. Marginal Notes
d. All of the above.

14) A Statute has been defined as the:

a. Will of the Legislature
b. Will of the King
c. Will of the Society
d. Will of the Magistrate.

15) Which of the following is an internal aid in the Interpretation of Statute?

a. Interpretation Clause
b. Marginal Notes
c. Long Title
d. All of the above.

16) While Interpretation, a Statute should not be given a meaning that make other provisions:

a. Dormant
b. In-effective
c. Redundant
d. None of the above.

17) According to which rule of interpretation, old statutes should be interpreted as they would have been at the date they were passed.

a. Expression Unis est exclusion alterius
b. Contemporanea Expositio Est Optima Et Fortissima In Lege
c. Noscitur a Sociis
d. Ut res magis valet Quam Pareat

18) Rule of Ejusdem Generis is applicable when?

a. General words follow specific word
b. Specific word follows general words
c. Either (a) or (b)
d. Both (a) or (b)

19) Heydon’s case deals with the?

a. Golden Rule
b. Noscitur a Sociis
c. Mischief Rule
d. Rule of reasonable construction.

20) _____ contains the main object of the act.

a. Long Title
b. Short Title
c. Preamble
d. None of the above.

21) In Interpretation of Statutes, ______ plays an important role:

a. Heading
b. Schedule
c. Preamble
d. All of the above

22) Case law is:

a. Law passed by parliament.
b. Law representing the decision of the courts.
c. Delegated legislation
d. Case law is not really a law at all.

23) What is legislation?

a. Law made by Parliament.
b. Law made by Law commission
c. Law made by Custom
d. Law made by Judges.

24) Which rule of Interpretation means express mention of one thing is the exclusion of other?

a. Ejusdem Generis
b. Rule of Harmonious Construction.
c. Expression Unis est exclusion alterius
d. Primary rule.

25) Which of the following is an internal aid to the interpretation of Statutes:

a. Reference to reports of committee.
b. Statement of objects and reasons.
c. Preamble
d. Dictionaries

26) A Statute has been defined as:

a. Will of the king
b. Will of the legislature
c. Will of the magistrate
d. Will of the society.

27) Which of the following is an external aid to interpretation?

a. Illustrations.
b. Title
c. Dictionary
d. Proviso Clause.

28) Which of the following is an external aid for interpretation of Statutes?

a. Use of Foreign decisions
b. Historical Background
c. Parliamentary history
d. All of the above.

29) Which of the following is issued to remove special cases from General enactment and provide for them specifically?

a. Exception Clause
b. Saving Clause
c. Proviso
d. Non Obstante clause.

30) What Statute is used in aid of Interpretation of Statutes?

a. Interpretation of Statutes Act, 1897
b. Law of Legislation, 1897
c. General Clauses Act, 1897
d. All of the above.

31) Under which Section of General Clauses Act is effect of repeal stated?

a. Section 5
b. Section 6
c. Section 7
d. Section 8

32) When a statute does not profess to make changes in an existing law, and merely declare or explain what the law is, then such law is known as:

a. Codifying Statute
b. Declaratory Statute
c. Consolidating Statute
d. Remedial Statute

33) According to what rule, the words of the statute are to be given their plain and ordinary meaning:

a. Golden Rule
b. Natural Rule
c. Literal Rule
d. Mischief Rule

34) Ut Res Magis Valeat Quam Pareatis is also known as:

a. Rule of Reasonable construction
b. Rule of Harmonious construction
c. Rule of Ejusdem generis
d. All of the above.

35) The doctrine of Precedent is also known as?

a. Doctrine of Parliamentary Sovereignty
b. Doctrine of Statutory Interpretation
c. Doctrine of Stare Decisis
d. Doctrine of Royal Pardon

36) Which of the following is NOT a General rule of Interpretation?

a. A Statute must be read as a whole
b. Same word to have same meaning
c. Technical words to have ordinary meaning
d. A construction so as to avoid absurdity is permissible.

37) While applying the literal rule of interpretation, the following should be taken into consideration?

a. Language
b. Theme
c. Applicability
d. Context

38) Which rule of statutory interpretation should judges apply first?

a. Purposive approach
b. Golden rule
c. Literal Rule
d. Mischief rule

39) Doctrine of Separation of Powers was systematically formulated by:

a. Montesquieu
b. Dicey
c. Aristotle
d. Plato

40) Object of the Act is contained in:

a. Long Title
b. Short Title
c. Preamble
d. None of these

41) Statutes which are in existence for a specified fixed period is known as:

a. Permanent Statute
b. Perpetual Statute
c. Temporary Statute
d. Remedial Statute

42) The Union Legislature is empowered to:

a. To amend the basic structure of the constitution
b. Not to amend the basic structure of the constitution
c. To abrogate the basic structure of the constitution.
d. None of the above.

43) Rule of law means:

a. Supremacy of law
b. Supremacy of Judiciary
c. Supremacy of Parliament
d. Equality before Law

44) The concept of Judicial review has been borrowed from the Constitution of?

a. UK
b. USA
c. USSR
d. Switzerland.

45) Which legal maxim means “to stand by things decided”?

a. Ratio Decidendi
b. Obiter Dicta
c. Stare Decisis
d. In Bonem Partem

46) Delegatus Non potest delegare means?

a. Debtor follows the person of a debtor
b. An action does not arise from a bare promise
c. The law does not concern itself with trifles.
d. A delegated power cannot be delegated further.

47) The statutes that deal with taxation are termed as:

a. Penal Statute
b. Fiscal Statute
c. Civil Statute
d. Personal Statute

48) The procedure for amending the Constitution is provided in:

a. Article 368
b. Article 369
c. Article 371
d. Article 372

49) When there is a conflict between two or more statutes or two parts of the same statute, then the rule is:

a. Strict Construction
b. Beneficial construction
c. Harmonious construction
d. Purposive construction

50) Generelia specialibus non derogant means?

a. General things to not derogate from special things
b. The king can do no wrong
c. An accessory follows the principal
d. None of the above

 

Answer Key:

1) Rule of Harmonious Construction
2) Noscitur a Sociis
3) Contemporanea Expositio Est Optima Et Fortissima In Lege
4) All of the above.
5) Criminal Laws
6) Provisions
7) In interpreting statutes, judges should look at the ‘mischief’ which the act was passed to prevent.
8) It raises issues of accountability.
9) Law made by a person or body to whom the Parliament has delegated power.
10) Judges can refer to Hansard when interpreting Statutes.
11) The Judge must interpret the Statute in the light of purpose of its enactment.
12) The doctrine of Precedent.
13) All of the above
14) Will of the Legislature
15) All of the above.
16) Redundant
17) Contemporanea Expositio Est Optima Et Fortissima In Lege
18) General words follow specific word
19) Mischief Rule
20) Preamble
21) All of the above
22) Law representing the decision of the courts
23) Law made by Parliament.
24) Expression Unis est exclusion alterius
25) Preamble
26) Will of the legislature.
27) Dictionary
28) All of the above
29) Proviso
30) General Clauses Act, 1897
31) Section 6
32) Declaratory Statute
33) Literal Rule
34) Rule of Reasonable Construction.
35) Doctrine of Stare Decisis.
36) Technical words to have ordinary meaning
37) Context.
38) Literal rule.
39) Montesquieu
40) Preamble
41) Temporary Statute
42) Not to amend the basic structure of the constitution
43) Supremacy of Law.
44) USA
45) Stare Decisis.
46) A delegated power cannot be delegated further.
47) Fiscal Statute
48) Article 368
49) Harmonious construction
50) General things to not derogate from special things

 

 

error: Content is protected !!