Legal IQ

Interview Questions For Judicial Service Aspirants

Q. 1. What is Stare Decisis?
Ans. It means to stand by precedent and not to disturb the settled points of law.

Q.2. What is customary law? How is it different from civil law?
Ans. Customary law includes those principles which have been observed in a particular community in actual practice for a long time. On the other hand, by civil law is meant the law of the land or municipal law or local law.

Q.3. Can a child in mother’s womb file a suit in torts?
Ans. Yes, but that must be by his next friend.

Q.4. Can the President of India be sued in courts?
Ans. No, as Article 361 of the Constitution of India provides safeguard in this regard.

Q.5. Can a dead person be defamed in torts?
Ans. No

Q.6. A intending to kill X instead killed Y whom he had no intention to kill. Under which doctrine is A liable for the murder of X?
Ans. Doctrine of extended malice.

Q.7. What is the prime object of criminal law?
Ans. To protect public by maintenance of law and order.

Q.7. In which case did the Supreme Court explain the concept of grave and sudden provocation as a mitigating circumstance reducing the gravity of an offence from murder to culpable homicide not amounting to murder?
Ans. K.M. Nanavati v. State of Maharashtra.

Q.8. What is the difference between section 34 and section 149 IPC?
Ans. Section 34 creates a principle of joint liability and does not create a specific offence. On the other hand, section 149 creates a specific offence.

Q.9. In which case did the Supreme Court strick down section 303 IPC as unconstitutional?
Ans. Mithu v. State of Punjab.

Q. 10. Define consideration?
Ans. It means doing or abstaining from doing something at the desire of the promisor.

Q.11. Define the maxim “Non est factum”?
Ans. Document executed in ignorance.

Q.12. In which case has the test of directness of determining the remoteness of damage been applied?
Ans. Re Polemis.

Q.13. Who has propounded the Pigeon Hole theory?
Ans. Salmond

Q.14. The Supreme Court has interpreted the power of judicial review as a basic feature of the Constitution. However, there is a Schedule to the Constitution, in which if a statute is specified, it cannot be questioned in a court of law on the ground of violation of fundamental right. Which is that Schedule in the Constitution?
Ans. Nineth Schedule.

Q.15. Who has propounded the theory of Social Solidarity?
Ans. Duguit

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