Law CSS Paper I 2007

FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR RECRUITMENT TO POSTS
IN BPS – 17 UNDER THE FEDERAL GOVERNMENT, 2007.

LAW, PAPER – I

TIME ALLOWED: THREE HOURS MAXIMUM MARKS:100

NOTE: (i) Attempt FIVE questions in all including question No. 10 which is compulsory and carries 20 marks. All other questions carry 16 marks each. Attempt at least ONE question from each part.
(ii) Extra attempt of any question or any part of the attempted question will not be considered
(iii) Candidate must draw two straight lines (==================) at the end to separate each question attempted in Answer Books.

PART – A (CIVIL PROCEDURE CODE)

  1. State the law relating to the place of the institution of suits.

  2. What do you understand by the term “Temporary Injunction”? When and on what grounds it may be granted?

  3. Write notes on:
    (a) Precept
    (b) Mesne Profits

PART – B (CONTRACT ACT)

  1. Define proposal. State when and how is it revolved?

  2. What is a contract of bailment? State the rights and duties of the bailer and the bailee.

  3. Write notes:
    (a) Undue Influence
    (b) Consideration
    (c) Ratification

PART – C (LAW OF TORTS)

  1. Define Tort and explain its ingredients.

  2. Discuss the general defences which may be pleaded in an action for tort.

  3. Write notes on:
    (a) Defamation
    (b) Malice
    (c) Contributory Negligence

COMPULSORY QUESTION

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

(1) Pleading includes:
(a) The plaint
(b) The written statement
(c) Both (a) and (b)

(2) The doctrine of res judicata is the result of:
(a) The act of the plaintiff
(b) The act of the defendant
(c) The decision of the court

(3) Where the court is without jurisdiction, the plaint presented to it shall be:
(a) Forwarded to the court having jurisdiction
(b) Returned for presentation to the proper court
(c) Rejected

(4) An issue of fact is a fact:
(a) Asserted by both the parties
(b) Asserted by one party and denied by the other
(c) Specifically declared so under law

(5) An application for review may be made where:
(a) No appeal lies against the decision
(b) Appeal preferred against the decision has been rejected
(c) An appeal is allowed but no appeal has been preferred against the decision

(6) Where a plaintiff withdraws his suit without permission of the court, he is entitled to:
(a) Restore the same suit
(b) Institute a fresh suit on the same subject matter
(c) None of these

(7) An ex-parte decree is a judgment based on:
(a) Merit of the case
(b) Compromise of the parties
(c) The non-appearance of the defendant

(8) The communication of an acceptance as against the proposer is complete when:
(a) It comes to the knowledge of the proposer
(b) It is put into the means of transmission and is out of the control of the proposee
(c) The proposer notifies the propose of its receipt

(9) A voidable agreement is:
(a) Enforceable
(b) Unenforceable
(c) Enforceable at the option of one of the parties

(10) A contract made as a result of mistake of law is:
(a) Valid or enforceable
(b) Void
(c) Voidable

(11) The rights and duties of the parties to a contingent contract:
(a) Arise at the time of its formation
(b) Do not rise as the contract is void
(c) Arise upon the happening or unhappening of the future uncertain event collateral to the contract.

(12) An agreement made by a minor is:
(a) Void
(b) Voidable
(c) Enforceable if its performance is beneficial to the minor.

(13) Where a contract of guarantee is performed by the surety upon default of the principal debtor, the surety:
(a) Has a right to be indemnified by the principal debtor
(b) Does not have any such right to the indemnified
(c) Has right to be indemnified if provided under the contract

(14) Where under a contract of pledge, the pawner fails to perform his contract with in the stipulated time, he:
(a) Cannot redeem his pledged goods
(b) Can redeem his pledged goods at any subsequent time
(c) Can redeem his pledged goods before actual sale

(15) Malfeasance means:
(a) The commission of an unlawful act
(b) The improper performance of a lawful act
(c) The failure to perform a lawful act

(16) Mayhem is:
(a) The unlawful lying of hands on another person
(b) Bodily harm whereby a man is deprived of the use of any member of his body
(c) The actual striking of another person

(17) A master of a servant is:
(a) Not liable for any of his wrongful acts
(b) Is liable for all of his wrongful acts
(c) Liable for his wrongful act committed in the course of his employment

(18) A slander is a false and defamatory statement made:
(a) In writing
(b) Verbally
(c) In writing and verbally

(19) Damn Sine Injuria means:
(a) Infringement of a legal right without any actual loss resulting a legal action.
(b) Actual loss without infringement of any legal right resulting no legal action.
(c) Infringement of a legal right with actual loss resulting legal action

(20) Trespass ab anitio means entrance on the land of another:
(a) With authority of law
(b) Without authority of law
(c) With authority of law but subsequently commission of a wrong of misfeasance.

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