Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

151. Principle: An authority given discretion must consider each case on its merits and must not fetter its discretion by adopting a rigid rule that excludes consideration of individual cases. Facts: A licensing authority with discretion to grant permits announces that it will reject every application from persons under 30, without considering their qualifications or circumstances. A 28-year-old's application is rejected on this ground alone. Decide.

     कThe rejection is valid, because the authority may adopt any policy खThe rejection is valid, because age is always relevant गThe rejection is invalid only if the applicant is more than 25 घThe rejection is invalid, because the authority fettered its discretion
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

152. Principle: In an emergency where an immediate action is necessary to protect the public, a hearing may be given after the action (post-decisional hearing) instead of before it. Facts: Food inspectors find a shop selling rotting meat and immediately seize and destroy it, offering the owner a hearing afterwards. The owner complains that he was not heard before the seizure. Decide.

     कThe action is invalid, because a prior hearing is always required खThe action is valid, because an urgent public-health threat justified a post-decisional hearing गThe action is invalid, because inspectors cannot seize goods घThe action is valid only if the owner agrees
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

153. Principle: A decision-maker must not have a personal interest in or close relationship with a party that may give rise to a reasonable likelihood of bias. Facts: The son of a selection board member applies for a post. The member does not withdraw, takes part in the interview and the son is selected. Decide.

     कThe selection is valid, because the son was qualified खThe selection is valid, because the member had only one vote गThe selection is liable to be quashed for bias घThe selection is valid if the member declares the relationship afterwards
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

154. Principle: The legislature may change the law on which a judgment was based, but it cannot simply declare a particular court judgment void or direct the court to decide a pending case in a particular way. Facts: After the court quashes an appointment, the legislature passes an Act stating only that 'the judgment of the court in X's case shall be of no effect.' Decide.

     कThe Act is invalid, because it encroaches on the judicial power खThe Act is valid, because the legislature is supreme गThe Act is valid if passed by a two-thirds majority घThe Act is valid, because the court's judgment was wrong
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

155. Principle: A law falling in substance within the competence of the enacting legislature is valid even if it incidentally touches a subject outside its competence. Facts: A provincial law on public health regulates the sale of contaminated food in markets. A trader argues that it is invalid because trade and commerce is a federal subject. The court finds that the law, in its true nature, deals with public health, which is within the province's competence. Decide.

     कThe law is invalid, because it affects trade खThe law is valid, because in pith and substance it relates to public health गThe law is valid only if the federal parliament approves it घThe law is invalid, because provinces cannot regulate markets
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

156. Principle: A person cannot waive a fundamental right guaranteed by the Constitution, because such rights are also in the public interest. Facts: As a condition of employment, a government contractor makes workers sign an agreement giving up their right to approach the court for enforcement of their fundamental rights. Decide.

     कThe waiver is invalid and the workers can still approach the court खThe waiver is valid, because the workers signed it voluntarily गThe waiver is valid only for temporary workers घThe workers may approach the court only after leaving the job
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

157. Principle: The evidence of an accomplice is admissible, but as a rule of prudence the court should not convict on it unless it is corroborated in material particulars. Facts: The only evidence against A in a robbery case is the testimony of B, who admits taking part in the robbery with A. There is no other evidence linking A to the crime. Decide.

     कThe court must convict A, because B confessed his own role खThe court should ordinarily not convict A on B's uncorroborated testimony गB's testimony is wholly inadmissible घA must prove that B is lying
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

158. Principle: Although a statement made by an accused in police custody is generally not provable, so much of it as distinctly leads to the discovery of a fact may be proved. Facts: While in police custody, A tells the police, 'I hid the knife under the stone behind my house.' The police recover a blood-stained knife from that place. Decide.

     कThe whole statement is a confession and can be proved in full खThe part of the statement leading to the recovery of the knife can be proved गNo part of the statement can be proved घThe knife itself cannot be produced in court
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

159. Principle: A person who is or has been married shall not be compelled to disclose any communication made to him or her during the marriage by the spouse, except in suits between the spouses or prosecutions of one spouse for an offence against the other. Facts: In a prosecution of A for theft from a shop, the prosecution wants to compel A's wife to disclose what A told her about the theft during their marriage. Decide.

     कThe wife must disclose it, because it relates to an offence खThe wife must disclose it if A has since divorced her गThe wife cannot be compelled to disclose the communication घThe wife can be compelled because theft is a serious offence
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

160. Principle: An admission made by a party to a suit about a fact in issue is relevant and may be proved against him. Facts: In a suit for recovery of a loan, B denies having borrowed money from A. A produces a letter signed by B saying, 'I will repay your loan of Rs. 2 lakh next month.' Decide.

     कThe letter is irrelevant, because B denies the loan खThe letter can be used against B as his admission गThe letter can be used only if B agrees घThe letter is inadmissible, because it is a private communication
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।