Contents

LEGAL LANGUAGE.................................................................................................................................2
1. Define Person. What are two main types of Persons?.............................................................2
2. What is the difference between the term "Complaint" and "Plaint"?.....................................2
3. What is the difference between "Appeal" and "Revision"?.....................................................2
4. How does "Arbitration" differ from "Adjudication"?...............................................................2
5. Review application is filed before which court?.......................................................................2
6. What is an "Affidavit"?.............................................................................................................3
7. Who is an "Amicus Curiae?.......................................................................................................3
8. What does the term "Repeal" mean?.......................................................................................3
9. What are the internal aids to Interpretation?..........................................................................3
10. What are the external aids to Interpretation?......................................................................3
11. What was the issue before the court in Joseph Shine V Union of India?.............................3
12. What was the issue before the court in D.K Basu V State of West Bengal?.........................3
13. What was held by the court in Vishaka V State of Rajasthan?.............................................4

Viva Questions 1st Sem 3 Yr LLB NEW LAW COLLEGE Yashi Sumeet Kumar
LEGAL LANGUAGE

1. Define Person. What are two main types of Persons?

A person is a being who has certain capacities or attributes such
as reason, morality, consciousness or self-consciousness, and being a part of a culturally
established form of social relations such as kinship, ownership of property, or legal responsibility.

There are two kinds of persons: natural persons and juridical persons. A natural person is a
human being. A juridical person is an entity to which the law attributes personality, such as a
corporation or a partnership. The personality of a juridical person is distinct from that of its
members.

2. What is the difference between the term "Complaint" and "Plaint"?

When a suitor files a statement of grievance he is the plaintiff and he files a 'complaint'
containing allegations and claims remedy. As days passed, we have taken up the
word 'Plaint' for the Civil Court and the word 'Complaint' for the Criminal Court.

3. What is the difference between "Appeal" and "Revision"?

The main purpose of an appeal is to challenge a decision made by a lower court or
administrative body, while the purpose of a revision is to correct errors or omissions in a
previous decision or order.

4. How does "Arbitration" differ from "Adjudication"?

Adjudication is a formal legal process, typically used in court, where a judge or panel of
judges renders a decision based on the evidence presented. Arbitration, on the other hand,
is a form of alternative dispute resolution, where a neutral third party (the arbitrator) makes a
binding decision.

5. Review application is filed before which court?

An application for review may be submitted in the same court by the same judge where
the decree was issued by an aggrieved party.
any person considering himself aggrieved by a decree or order from which an appeal is
allowed, but from which no appeal has been preferred, may apply for a review of the decree
or order to the court which passed the decree or made the order.
Review can be filed, if there is: discovery of New and Important matter or evidence, which,
after the exercise of due diligence was not within the knowledge of the person seeking
review or could not be produced by him at any time when the decree was passed or order
made.
The district courts are entrusted with the Original and Appellate Jurisdictions of the courts,
with regards to Criminal and Civil Cases within one or more districts of the states. High
Courts are entrusted with the power of Recording, Judicial Review; in addition to the Original
and Appellate Jurisdiction.
Difference between Review and appeal differs from Review in the sense that Appeal is heard
by a higher court and a different judge from the one that passed the decree or made the
order.

Viva Questions 1st Sem 3 Yr LLB NEW LAW COLLEGE Yashi Sumeet Kumar
 6. What is an "Affidavit"?
An affidavit is a statement made under oath. It is signed by a persona and affirmed by him
before a person who is authorised to administer an oath, for instance, a Magistrate or a
notary. It can be used to provide evidence in a legal case or to support a position taken in an
argument.

7. Who is an "Amicus Curiae?

amicus curiae, (Latin: “friend of the court”), one who assists the court by furnishing
information or advice regarding questions of law or fact.
An advocate appears in this capacity when asked to help with the case by the Court or on
volunteering services to the Court.

8. What does the term "Repeal" mean?

Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal
any Act in whole or in part, either expressly or impliedly by enacting matter contrary to and
inconsistent with the prior legislation. Thus a statute frequently states that certain prior
statutory provisions are thereby repealed.

9. What are the internal aids to Interpretation?

An ‘Aid’ is a device that helps or assists.
Internal aids mean those materials which are available in the statute itself, though they may
not be part of enactment. These internal aids include, long title, preamble, headings,
marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc.

10. What are the external aids to Interpretation?

External aids mean those materials which can be referred to gain clarity or remove ambiguity
in interpretation of the statute and which are not located within the statute. Such aids will
include parliamentary history of the legislation, historical facts and surrounding
circumstances in which the statute came to be enacted, reference to other statutes, use of
dictionaries, use of foreign decisions, etc.

11. What was the issue before the court in Joseph Shine V Union of India?
The issue was the control of husband over the sexual agency of the wife, views the wife as
the property of the husband. Fidelity of the woman, and the husband's control over it, is seen
as maintaining the property interest of a husband in his wife.
The Supreme Court, in September 2018, struck down Section 497 of the IPC as
unconstitutional on the grounds that it violated Articles 14 (Right to equality), 15 (forbiddance
to discrimination on grounds only of religion, race, caste, gender, or place of birth) and 21
(Right to life or personal liberty) of the Constitution. The five Judge Bench unanimously, in
four concurring judgments, held that the law was archaic, arbitrary and paternalistic, and
infringed upon a woman's autonomy, dignity, and privacy.
It remains a moral wrong and a civil wrong and continues to be a ground for securing
dissolution of marriage. It continues to have legal and social consequences, particularly for
women.

12. What was the issue before the court in D.K Basu V State of West Bengal?
This case was based on the increasing reports of custodial deaths in India. Most of these
deaths were occurring before even presenting the accused or witnesses before a magistrate.
This case also lays down the guidelines for making an arrest with an objective of minimising

Viva Questions 1st Sem 3 Yr LLB NEW LAW COLLEGE Yashi Sumeet Kumar
the Arbitrariness of policemen in arresting a person where they think custodial torture is the
correct way of extracting information and making a breakthrough in the case.
D K Basu (Petitioner) was the chairman of the Legal Aid Services, West Bengal and while
reading certain articles in the Telegraph newspaper and the Statesmen it came to his
attention that there had been a lot of cases of custodial violence and the guilty went
unpunished as they were no rigid guidelines laying down the rules for arrests. On
26th August 1986, he wrote a letter to the Chief Justice of India and urged them to look into
the matter so that the family members of the victims could be given some form of
compensation. He requested that the letter be treated as a writ petition under the Public
Interest Litigation Category (PIL).
The court issued guidelines for only legal curtailment of fundamental rights to life or personal
liberty and not absolute suspension of these rights under custody.

13. What was held by the court in Vishaka V State of Rajasthan?

The Court ruled that sexual harassment leads to depravity among the victims and was a
gross violation of their fundamental rights as provided under Articles 14 ((Right to equality),
19 (Right to carry out or indulge in any trade or occupation) and 21 (Right to personal
liberty).The Vishaka guidelines are a set of guidelines that were instituted by the Supreme
Court of India in 1997 to ensure the safety of women at workplaces and lays down the
guidelines for dealing with the cases that are related to sexual harassment at the workplace.
They were superseded in 2013 by the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act.

Viva Questions 1st Sem 3 Yr LLB NEW LAW COLLEGE Yashi Sumeet Kumar