Pakistan Law-GAT and Bar Entrance Comprehensive Examination Notes

Comprehensive practice flashcards formulated in Question-and-Answer style covering the core curriculum of the Pakistan Law Graduate Assessment Test (LAW-GAT), including World and Pakistani Constitutional Law, Jurisprudence, Civil Law, Criminal Law, Qanun-e-Shahadat Order 1984, International Law, Professional Ethics, and Legal Terms.

Under the British Constitution, what is the statutory term of the House of Commons?

Five years

In the British Cabinet system, what official title is given to the Finance Minister?

Chancellor of the Exchequer

Which 1215 charter granted by King John to the barons is regarded as the foremost historical source of the British Constitution?

Magna Carta

Which British statute reduced the duration of Parliament from 7 to 5 years and established the legislative superiority of the House of Commons over the House of Lords?

Parliament Act, 1911

At which convention and in what year was the original Constitution of the United States drafted?

The Philadelphia convention held in 1787

Which clause of the U.S. Constitution is designated as the 'supremacy clause'?

Article VI, Section 2

Which Amendment to the U.S. Constitution, ratified on February 27, 1951, limits a President to serving a maximum of two terms?

The 22nd Amendment

What collective name is given to the first ten amendments to the United States Constitution ratified on December 15, 1791?

The Bill of Rights

How many legislative lists were established under the Government of India Act 1935?

Three legislative lists

On what exact date was the Constitution of the Islamic Republic of Pakistan 1973 enforced?

14th of August 1973

Which constitutional amendment abolished the Concurrent Legislative List and renamed the North-West Frontier Province (NWFP) to Khyber Pakhtunkhwa?

The 18th Amendment

Which constitutional amendment enacted in 2018 merged the Federally Administered Tribal Areas (FATA) into the Province of Khyber Pakhtunkhwa?

The 25th Amendment

Under the Constitution of Pakistan 1973, what are the respective retiring ages of a Supreme Court Judge and a High Court Judge?

65 years for a Supreme Court Judge (Article 179) and 62 years for a High Court Judge (Article 195)

Which Article of the Constitution of Pakistan 1973 confers writ jurisdiction on the High Courts?

Article 199

How did John Austin define law in his imperative theory of jurisprudence?

Law is a command of the sovereign backed by sanction

Into which two categories does Sir John Salmond divide the material sources of law?

Legal sources and historical sources

Which Islamic jurist founded the Kufa school of thought and propounded the equitable principle of Istihsan?

Imam Abu Hanifa

What are the four primary sources of Islamic Law recognized by the Sunni school of thought?

The Holy Quran, Sunnah, Ijma, and Qiyas

Under Islamic law, what three classes of pre-emptors (persons entitled to claim Shuf'a) exist?

Shafi Sharik (co-owner/co-sharer), Shafi Khalit (participator in appendages/easements), and Shafi Jar (owner of adjacent immovable property)

Which section of the Code of Civil Procedure 1908 incorporates the doctrine of Res Sub-judice?

Section 10

Under the CPC 1908, what is the exclusive statutory remedy for challenging a decree or order obtained via fraud, misrepresentation, or want of jurisdiction?

An application under Section 12(2) made to the court that passed the final judgment, decree, or order

Under Order VII, Rule 11 of the CPC 1908, what are the grounds for the mandatory rejection of a plaint?

Failure to disclose a cause of action, undervaluation of relief not corrected by the plaintiff, insufficiently stamped paper not made good, or where the suit appears from the statement in the plaint to be barred by any law

Does the condonation of delay provision under Section 5 of the Limitation Act 1908 apply to suits?

No; Section 5 applies exclusively to appeals, applications for revision or review, leave to appeal, or other specifically prescribed applications, but not to suits

Under Section 19 of the Limitation Act 1908, what is the effect of an acknowledgment of liability made in writing before the expiration of the limitation period?

A fresh period of limitation is computed from the time when the acknowledgment was signed

What is the general limitation period prescribed for filing a suit for specific performance of a contract under the Limitation Act 1908?

3 years

Under the Contract Act 1872, what legal effect occurs when parties agree to substitute a new contract for an existing one?

Novation (Section 62)

How does Section 126 of the Contract Act 1872 define a 'contract of guarantee'?

A contract to perform the promise, or discharge the liability, of a third person in case of his default

Under Section 71 of the Contract Act 1872, what legal responsibility is borne by a person who finds goods belonging to another and takes custody of them?

The finder is subject to the same responsibility as a bailee

In the Law of Torts, what is the meaning of the maxim 'Injuria sine damno'?

Infringement of a legal right without actual damage or financial loss

Under Section 15 of the Easements Act 1882, how many years of peaceable, open, and uninterrupted enjoyment are required to acquire an easement right by prescription?

20 years (and 60 years when claiming against the Government)

Under Section 9 of the Specific Relief Act 1877, within what limitation period must a person unlawfully dispossessed of immovable property file a summary suit for recovery?

Within 6 months from the date of dispossession

Under Section 42 of the Specific Relief Act 1877, what relief can be granted to a person whose legal character or right to property is denied or threatened?

A declaratory decree (declaration of status or right)

How many persons are required at minimum to constitute an unlawful assembly under Section 141 of the Pakistan Penal Code?

Five or more persons

What is the statutory minimum value of Diyat fixed under Section 323 of the Pakistan Penal Code 1860?

An amount not less than the value of 30,630 grams of silver

Under Section 154 of the Code of Criminal Procedure 1898, what information must be reduced to writing as a First Information Report (FIR)?

Every information relating to the commission of a cognizable offence given to an officer in charge of a police station

What is the maximum period of physical remand into police custody that a Magistrate can grant under Section 167 of the Cr.P.C. 1898?

15 days in the whole

Under which section of the Code of Criminal Procedure 1898 can an accused seek pre-arrest (anticipatory) bail?

Section 498

Under Article 16 of the Qanun-e-Shahadat Order 1984, in what specific class of offences is an accomplice incompetent to testify?

Offences punishable with Hadd

What fundamental rule governs oral evidence under Article 71 of the Qanun-e-Shahadat Order 1984?

Oral evidence must, in all cases whatever, be direct

Under Article 114 of the Qanun-e-Shahadat Order 1984, how does the doctrine of Estoppel operate?

When a person intentionally causes another to believe a fact true and act upon that belief, neither that person nor his representative is allowed to deny the truth of that fact in subsequent proceedings

What fundamental Latin maxim in International Law dictates that treaties are binding upon the parties and must be performed in good faith?

Pacta sunt servanda

How many judges sit on the International Court of Justice (ICJ) and what is the quorum required for a full bench?

15 judges compose the court, and a quorum of 9 judges is required

Under Chapter XII of the Pakistan Legal Practitioners & Bar Councils Rules 1976, what is the primary duty of an advocate engaged in public prosecution?

Not to convict, but to see that justice is done

What is the maximum dimension permitted for an advocate's office nameplate under Rule 174-B of the Pakistan Legal Practitioners & Bar Councils Rules 1976?

Not more than 1 1/2 feet by 2 feet ($1\frac{1}{2}' \times 2'$)