Roll Number: 21100052

Total Marks: 10+30=40

Time Allowed: 1 hour 15 minutes

Introduction to Pakistan Legal System – Final Exam

Spring 2019-20
Instructions:
1. Write your roll number in the space provided.
2. Answer all questions in the space provided.
3. When you complete your exam, upload the MS Word version on LMS.
4. Late submissions will be penalized.
5. For section 1, MCQs, write down the correct option (a, b, c, or d) in the table
provided on page 3.
6. For section 2, answer all questions under the respective question. Keep your
answers succinct.

Good luck!

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Section 1: Objective questions – Write down all answers (a, b, c, or d) in the table
below.
b. A constitutional challenge
1. A legally acceptable confession brought against the NAB
in criminal cases can be made in officials
front of: c. A constitutional challenge
a. The police brought against the NAB
b. A Judicial Magistrate Ordinance in the Supreme
c. A Sessions Judge or Court
above d. A constitutional challenge
d. Anyone brought against the NAB
2. The Criminal Procedure Code of Ordinance in the High
Pakistan allows the police to use Court
any amount of force when 7. Which of the following are filed
pursuing and/or arresting an in higher courts:
alleged criminal. a. Appeal only
a. True b. Appeal and review
b. False c. Revision only
3. The procedure for the police to d. Appeal and revision
enter a premises remains the 8. As a general rule in Pakistan’s
same, regardless of who occupies legal system, an arbitration
the premises. award:
a. True a. Is deemed final
b. False b. Has the same value as
4. The police may arrest any person that of a mediation
who: decision
a. Is trying to conceal their c. Is considered a form of
presence informal adjudication
b. Has the reputation of d. Is deemed final and
being a habitual offender cannot be appealed
c. a and b 9. Poor cognitive abilities of an
d. None of the above accused can be considered as a
5. The_____ hours limitation on mitigating factor by criminal
police custody is imposed by courts, especially during
______. sentencing.
a. 24; PPC only a. True
b. 12; CPC only b. False
c. 12; CrPC only 10. “Pleadings” include all material
d. 24; CrPC and the facts, evidence, supporting
Constitution documents, and written
6. The case of Khan Asfandyar statement.
Wali v Federation of Pakistan a. True
was: b. False
a. A case challenging the
criminality of NAB
functionaries

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 Question number Answer
(write down
a, b, c or d
only)
1 b
2 b
3 b
4 c
5 d
6 c
7 d
8 a
9 a
10 b

Section 2: Short questions (write down answers under each question)

1. What is meant by the term sub judice and res judicata? [4 marks]
Sub judice : cases that are sub judice can not be discussed openly or in the media.
Res judicata: once a case is finalized by a competent court, it will not be
relitigated

2. Which court(s) deal with fact finding? [2 mark]

High court

3. X was beat up by police officers without cause. What legal remedies does X have
under Pakistan’s legal system? Explain the criteria for each remedy. [10 marks]

It was possible that police officers were came there to arrest the man, however,
the caught and beat up the wrong person. This will not be a crime as this is a
genuine mistake and there will be no remedy here.

Since this is violation of fundamental rights, so the person beaten up will go the
High Court as the entity that beat him up is a state party. The person can also go
to the Supreme Court. The person will file a written petition or a make
constitutional case and he can go to either case.

4. Which law stipulates the upper time limit for filing a civil suit? [1 mark]

Statute of Limitation, question of time bar, which is different in each province

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 5. A sees B committing a crime. A detains B, and informs the police of the situation.
The police inform A that the crime is a non-cognizable offence. Can A continue
B’s detention after receiving this information? (Yes/No) [1 mark]
No

6. List and define three forms of Islamic punishments incorporated in the Pakistan
Penal Code during Zia’s regime, and list their respective meanings. [6 marks]
a. Diyat: blood money is money or compensation paid by the criminal or an
offender to the next of kin of the victim

b. Qisas: eye for an eye means that the person who injured someone else will
be penalized to the same degree that the victim suffered

c. arsh and daman : compensation for bodily harm

Arsh is compensation for offence relating to various kinds of hurt.
Daman is the compensation to be paid to the victim determined by the
court

7. In addition to constitutional, criminal and civil jurisdictions, name and briefly

explain the other types of jurisdictions held by the Supreme Court of Pakistan. [6
marks]
Original Jurisdiction – In case of any disputes between the federal government
and the provincial government or between two provincial governments, the
Supreme Court shall have exclusive jurisdiction to pronounce judgments.

Appellate jurisdiction – In case of penalties arising under Islamic law, the court
shall have jurisdiction and the decision of the court will be binding on the High
Court as well. However, the decisions by the court may be reviewed by the
Shariat Appellate Bench in the Supreme Court.

Advisory Jurisdiction: In case the President wants to get the suggestion or opinion
of the Supreme Court at any point on any topic of law, he may refer to the
Supreme Court for it.