Judiciary & LLM MCQ – 12

Q.1. Who among the following is considered to be “father of English Jurisprudence”?

(a) Bentham
(b) Austin
(c) Savigny
(d) Ihering

 

Q.2. The plaintiff, a lady visitor to a restaurant, was injured by the ceiling fan which fell on her. The reason for the falling of the fan was a latent defect in the metal of the suspension rod of the fan. In an action against the defendant, he is:

(a) not liable because they injury was not foreseeable
(b) liable  because of the injury was foreseeable
(c) liable because of the doctrine of ‘res ipsa loquitur’
(d) liable because of the last opportunity rule

 

Q.3. Which one of the following pairs is not correctly matched?

(a) No fault Liability-Shri Ram Fertilizers an
(b) Fault Liability-Negligence
(c) Malicious tort-Mohiri Bibi v. Dharmodas Ghosh
(d) Basic features-Keshavanand Bharati

 

Q.4. Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheep. In an action for damages brought against the owners of the dogs, if one of them put in defense claiming that he was liable for one-half only of the damage, then which one of the following statements is legally sustainable in the above case?

(a) Each owner of the dog was liable for the whole of the damage

(b) Each owner was responsible for one half of the damage

(c) Neither of the owners is liable for damage done by his dogs

(d) The owners themselves are not Joint tort feasor

 

Q.5. A tractor with a trolley carrying several persons collides with a train on an unmanned railway crossing in which many people are killed injured in a suit for compensation

(a) The railway would be liable because it has no immunity

(b) The tractor driver would be liable as there was a breach of duty to take care of his pan

(c) The passengers in the trolley are guilty of contributory negligence

(d) Nobody would be liable in such a situation as it would be taken to be a mere case of an accident

 

Q.6. A lady died at the time of the birth of her child. She was attended to by an unqualified midwife at her own request at the time of the delivery. An action for damages was brought by her husband. In this case: no

(a) Damages are payable as the deceased lady voluntarily engaged the midwife

(b) Damages are payable to the husband as his consent was not taken

(c) No damagers are payable as the unqualified midwife can be criminally tried

(d) Damages are payable as the consent of the deceased was irrelevant

 

Q.7. Which of the following sections of the Code of Civil Procedure is embodies the doctrine of conclusiveness of a judgment?

(a) Section 9
(b) Section 10
(c) Section 11
(d) Section 12

 

Q.8. Principle of res judicata applies to __________________?

(a) Suits only
(b) Execution proceedings only
(c) Arbitration proceedings only
(d) suits as well as Execution proceedings

 

Q.9. The rule of constructive res judicata is _______________?

(a) A product of judicial interpretation
(b) A rule of equity
(c) Contained expressly in the Code of Civil Procedure
(d) A part of the Supreme Court rules

 

Q.10. Whether an issue heard finally decided by a competent court of limited jurisdiction, shall operate as res judicata in a subsequent suit that the aforesaid court was not competent to try?

(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the above

 

 

 

Answers

1. Correct Answer: B

2. Correct Answer: A

3. Correct Answer: C

4. Correct Answer: B

5. Correct Answer: B

6. Correct Answer: A

7. Correct Answer: C

8. Correct Answer: D

9. Correct Answer: C

10. Correct Answer: B