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HCS (Haryana)Prelims2019General Studies
Question
Match the Latin terms given in Column I with corresponding meanings used in legal proceedings given in Column II and provide the correct answer from the options given below: Column I A. Actus Reus B. Certiorari C. Habeas Corpus D. Mandamus Column II 1. We command 2. Guilty act 3. To be apprised 4. You may have the body
Options
- A A-2, B-3, C-4, D-1
- B A-1, B-4, C-2, D-3
- C A-4, B-1, C-3, D-2
- D A-3, B-2, C-1, D-4
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Correct Answer
A A-2, B-3, C-4, D-1
Model Answer
Writs
- Anything that is issued under an authority is a writ.
- Orders, warrants, directions etc. issued under authority are examples of writs.
- There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.
Actus Reus
- Actus Reus is a Latin term used in criminal law that translates to "guilty act."
- In the context of law, Actus Reus refers to the physical element or the wrongful act that constitutes a crime, as opposed to the mental element (Mens Rea) which refers to the intention or knowledge of wrongdoing.
Certiorari
- Certiorari is a Latin term meaning "to be informed of, or to be made certain in regard to."
- In legal terms, it is a writ issued by a higher court to a lower court or tribunal either to transfer a case pending with that court to itself or to quash the order of the lower court.
Habeas Corpus
- The term "Habeas Corpus" is derived from Latin, meaning "you shall have the body."
- It is a vital legal tool used to protect an individual's fundamental right to personal liberty.
Mandamus
- The term "Mandamus" is derived from Latin, meaning "we command."
- It is a judicial remedy in the form of an order from a superior court to a lower court, government official, public body, corporation, or public authority to perform a public duty they are obliged to do.