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Law CSS Paper I 2006

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FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR RECRUITMENT TO POSTS
IN BPS – 17 UNDER THE FEDERAL GOVERNMENT, 2006.

LAW, PAPER – I

TIME ALLOWED: THREE HOURS MAXIMUM MARKS:100

NOTE: Attempt ONLY SIX questions in all, including question No. 10 which is COMPULSORY and carries 20 marks. All other questions carry EQUAL marks i.e. 16 each. Attempt at least one question from each of the parts.

PART – “A” (CIVIL PROCEDURE CODE)

  1. What is ‘Constructive res judicata’? Elaborate.

  2. What is ‘review’? Which court has the jurisdiction to entertain an application for review?

  3. What do you understand by:
    (a) Administrative Transfer (b) Judicial Transfer of suits

PART – “B” (CONTACT ACT)

  1. When the object of a contract is unlawful? Explain.

  2. Write short notes on:
    (a) Agency (b) Principal debtor (c) Effect of fraud on validity of contract.

  3. Explain the rights of surety in a contract of guarantee?

PART – “C” (LAW OF TORT)

  1. What do you understand by the law of negligence? What are the essentials of Negligence?

  2. Write short notes on:
    (a) Trespass ab initio (b) Public Nuisance (c) Vicarious Liability

  3. In the context of Trespass to person discuss Battery and False imprisonment.

COMPULSORY QUESTION

  1. Write only the correct answer in the Answer Book. Do not reproduce the questions.

(1) A statue is to be interpreted in accordance with:
(a) The rules of the business (b) The intention of the legislature (c) The body of statue (d) None of these

(2) Where are the language of the enactment is not precise:
(a) Recourse can be had to external considerations (b)Precise meanings will be probed. (c) None of these

(3) Defendant is the person who:
(a) Files a suit (b) Delays a suit (c) Defends a suit (d) None of these

(4) A suit means:
(a) Any criminal proceeding in a court of law (b) A cause of action (c) Any civil proceeding, being part of a plant (d) None of these

(5) In civil suit, Oath is administered to:
(a) Lawyer (b) Witnesses (c) Plaintiff (d) None of these

(6) Preliminary decrees are normally:
(a) Non determinative of issues (b)Determinative of controversies of fundamental nature (c) Neither

(7) The maxim “Ubi jus ibi remedium”:
(a) is a fundamental principle of law (b) is obiter dicta (c) is an obsolete principle of law (d) None of these

(8) The general rule is that civil court have jurisdiction to try all civil suits:
(a) True (b) False

(9) The court cannot treat a revision as an appeal or an appeal a revision:
(a) True (b) False

(10) The term consideration does not necessarily mean payment of money/cash consideration only:
(a) True (b) False

(11) In order to convert a proposal into a promise:
(a) The acceptance must be conditional (b) The acceptance is not relevant (c) The acceptance must be absolute

(12) The contract Act is:
(a) Act of 1908 (b) Act of 1912 (c) Act of 1872 (d) Act of 1868

(13) Duty is cast by the law upon a person whom an offer is made to reply to that offer:
(a) True (b) False

(14) All agreements are contracts:
(a) If they are on stamp paper (b) If they are made by the free consent of parties (c) If they are registered (d) None of these

(15) Law of Tort(s) is a:
(a) Part of law of Contract (b) Dependant of Contract (c) Civil wrong, independent of contract

(16) Libel is a defamatory statement published:
(a) In verbal form (b) In permanent form (c) None of these

(17) Legal duty of care, breach of duty and consequential damage/loss?
(a) are essential elements of negligence (b) are useful elements in tort of negligence (c) are not related to negligence

(18) Total restraint constitute false imprisonment:
(a) True (b) False

(19) Injuria sine damno means:
(a) loss without violation of right (b) Infringement of legal right with loss (c) Infringement of legal right without loss

(20) Public Nuisance is exclusively a Tort:
(a) True (b) False

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