Question 1

What is the principle of u201cstare decisisu201d in legal practice?

Accepted Answer

The doctrine that courts should follow precedents set in earlier similar cases \u2014 Stare decisis means courts generally adhere to precedents established in previous decisions when deciding similar cases.

Question 2

What does u201cburden of proofu201d mean in a legal proceeding?

Accepted Answer

The duty of a party to prove the facts in dispute to the required legal standard \u2014 The burden of proof refers to the obligation of a party to establish the facts of their claim to the standard required by law.

Question 3

What is the fundamental duty of an advocate toward the court?

Accepted Answer

To act with candor and not mislead the court, even while representing a client zealously \u2014 Advocates have an ethical duty of candor to the court, meaning they must not knowingly present false evidence or mislead the court, even while advocating for their client.

Question 4

What does u201clocus standiu201d refer to in law?

Accepted Answer

The legal right or capacity to bring a case before a court \u2014 Locus standi refers to a partyu2019s legal standing or right to initiate or participate in a legal proceeding.

Question 5

What is the purpose of u201ccross-examinationu201d in a trial?

Accepted Answer

To allow the opposing party to question a witness presented by the other side \u2014 Cross-examination allows the opposing party to question a witness to test credibility and challenge testimony given earlier.

Question 6

What is u201cres judicatau201d?

Accepted Answer

A principle that a matter already finally decided by a competent court cannot be re-litigated between the same parties \u2014 Res judicata bars re-litigation of a matter that has already been conclusively decided by a court of competent jurisdiction.

Question 7

What distinguishes u201ccivil lawu201d cases from u201ccriminal lawu201d cases?

Accepted Answer

Civil cases involve disputes between private parties; criminal cases involve offenses against the state/society \u2014 Civil law addresses disputes between private parties (e.g., contracts, property), while criminal law addresses offenses considered harmful to society, prosecuted by the state.

Question 8

What is the ethical rule regarding client confidentiality for an advocate?

Accepted Answer

An advocate must maintain confidentiality of client communications except in narrowly defined exceptions \u2014 Advocate-client privilege and confidentiality obligations generally require advocates to protect client communications, with only limited exceptions recognized by law.

Question 9

What is an u201caffidavitu201d?

Accepted Answer

A written statement confirmed by oath or affirmation, for use as evidence \u2014 An affidavit is a sworn written statement, confirmed by oath or affirmation, used as evidence in legal proceedings.

Question 10

What does u201cappellate jurisdictionu201d refer to?

Accepted Answer

The power of a higher court to review and revise decisions of a lower court \u2014 Appellate jurisdiction is the authority of a higher court to review, and potentially overturn, decisions made by lower courts.

Nepal Bar Council (Advocate License) MCQ Questions with Answers – Practice Set 5

Nepal Bar Council (Advocate License) MCQ Questions with Answers – Practice Set 5

More Nepal Bar Council (Advocate License) Practice Sets

Nepal Bar Council (Advocate License) MCQ Questions with Answers – Practice Set 5