Civil Judge Examination General Law Flashcards

24 sample cards from the General Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What majority and procedure are required to pass a Constitutional Amendment Bill in Pakistan?

   Under Article 239, it must be passed by a two-thirds majority of the total membership of each House (National Assembly and Senate).

2. What is the structure of the superior judiciary of Pakistan?

   It consists of the Supreme Court of Pakistan, the Federal Shariat Court, and a High Court for each Province (and the Islamabad High Court).

3. What is the original jurisdiction of the Supreme Court under Article 184(3)?

   The Supreme Court may, if it considers a question of public importance with reference to the enforcement of any Fundamental Right is involved, make an order for the enforcement of that right (suo motu/public interest jurisdiction).

4. What writ jurisdiction does a High Court exercise, and under which Article?

   Under Article 199, a High Court may issue writs (in the nature of mandamus, prohibition, certiorari, quo warranto and habeas corpus) to enforce rights and ensure lawful exercise of authority.

5. What body recommends appointment of judges to the superior courts of Pakistan?

   The Judicial Commission of Pakistan (Article 175A) nominates judges, whose names are confirmed by the Parliamentary Committee before appointment by the President.

6. On what grounds and by whom can a President proclaim an Emergency on account of war or internal disturbance (Article 232)?

   The President may proclaim a Proclamation of Emergency if satisfied that a grave emergency exists due to war, external aggression, or internal disturbance beyond a provincial government's control; it must be laid before a joint sitting of Parliament for approval.

7. What is the effect of a Proclamation of Emergency on Fundamental Rights?

   Under Article 233, during an Emergency the President may, by Order, suspend the enforcement of specified Fundamental Rights, and laws may be made inconsistent with those rights for the duration of the Emergency.

8. What does Article 234 (Emergency due to failure of constitutional machinery in a Province) allow?

   Where a Provincial Government cannot be carried on in accordance with the Constitution, the President may assume the functions of the Provincial Government and declare Parliament competent to legislate for that Province (governor's rule).

9. What is the basic distinction between 'relevant facts' and 'facts in issue' under the Qanun-e-Shahadat Order 1984?

   A 'fact in issue' is a fact which, by itself or in connection with others, determines the existence/non-existence of a right or liability asserted; a 'relevant fact' is one connected with a fact in issue in a manner the law treats as relevant, making it admissible.

10. Under the law of evidence, what is the doctrine of 'res gestae'?

    Facts forming part of the same transaction as the fact in issue are relevant. Such spontaneous, contemporaneous facts/statements (res gestae) are admissible even if they would otherwise be hearsay, because they form part of the very transaction.

11. What does the rule on 'motive, preparation, and previous or subsequent conduct' make relevant?

    Any fact showing motive or preparation for a fact in issue, and the previous or subsequent conduct of a party or accused influencing or influenced by the fact in issue, is relevant evidence.

12. When are facts showing existence of a 'state of mind' (intention, knowledge, good faith) relevant?

    Where there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, facts showing the relevant state of mind, feeling, or bodily feeling are relevant.

13. What is the general rule on relevancy of the opinion of third persons (expert evidence)?

    As a rule, opinions are irrelevant; but the opinion of experts on points of foreign law, science, art, handwriting, or finger impressions is relevant when the court has to form an opinion on such a point.

14. When is the opinion of a non-expert relevant as to handwriting?

    The opinion of any person acquainted with the handwriting of another (having seen him write or received documents in his handwriting) is relevant when the court must form an opinion as to whose handwriting a document is.

15. What is the general rule regarding relevancy of character in civil cases?

    In civil cases, the fact that a person's character is such as to render conduct imputed to him probable or improbable is generally irrelevant, except where character itself is a fact in issue (e.g., defamation, affecting damages).

16. How does relevancy of character differ in criminal cases for the accused?

    In criminal proceedings the previous good character of the accused is relevant (admissible in his favour), whereas evidence of bad character is generally irrelevant unless the accused has himself given evidence of good character or his bad character is itself a fact in issue.

17. What three classes of facts 'need not be proved' under the law of evidence?

    (1) Facts judicially noticeable (facts of which the court takes judicial notice), (2) facts admitted by the parties (formal/judicial admissions), and (3) facts so notorious or presumed that proof is dispensed with.

18. What is meant by 'judicial notice' of a fact?

    Judicial notice means the court accepts certain facts as established without requiring formal proof — e.g., laws in force, the seal of courts, public festivals, the territorial divisions of the State, and the course of nature.

19. What is the evidentiary effect of an admission by a party on facts admitted?

    Facts admitted by the parties (or their agents) at or before the hearing, or which they agree to admit in writing, need not be proved; admissions dispense with the necessity of proof though they are not conclusive unless they amount to estoppel.

20. What is the cardinal distinction between 'oral evidence' and 'documentary evidence'?

    Oral evidence is all statements which the court permits or requires witnesses to make before it regarding facts; documentary evidence consists of all documents produced for the court's inspection.

21. State the fundamental rule that oral evidence must be 'direct'.

    Oral evidence must in all cases be direct: it must be the evidence of a person who himself saw, heard, or perceived the fact, or who himself holds an opinion — hearsay (second-hand) evidence is generally inadmissible.

22. What is the distinction between 'primary' and 'secondary' evidence of a document?

    Primary evidence means the original document itself produced for inspection; secondary evidence means certified copies, copies made from the original, or oral accounts of the contents, admissible only when the original cannot be produced for valid reasons.

23. What is the general rule that documents must be proved by primary evidence, and its exception?

    Documents must be proved by primary evidence (the original). Secondary evidence is permitted only in the cases provided by law — e.g., when the original is lost/destroyed, is in possession of the opposing party who fails to produce it, or is a public document.

24. What does the rule excluding oral evidence by documentary evidence (best evidence rule) provide?

    When the terms of a contract, grant, or other disposition of property have been reduced to the form of a document, no oral evidence is admissible to prove its terms except the document itself (or secondary evidence where allowed); and oral evidence cannot contradict, vary, add to, or subtract from those written terms.

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