Tuesday, April 8, 2014

# Important MCQ on Legal Aptitude for CLAT & AILET - 2014 ( Set 1)

DIRECTIONS: There are 50 Questions in this set which are highly probable for CALT. For the following questions, four options are given. Choose the correct option. ( Answers given at the end of the questions.)

1 . The law of Torts deals with which of the following acts?
(a) Acts which are twisted
(b) Acts which are unlawful
(c) Acts which relates to fundamental right of equality.
(d) Both (a) and (b)

2 . The law of torts in India is derived from which of the following legal system?
(a) The English legal system.
(b) The Russian legal system.
(c) The Roman law.
(d) Both (a) and (c)

3 . Which of the following is related to the role of malice in tort law?
(a) If the defendant can prove that the plaintiff voluntarily put himself in a situation then he can escape liability.
(b) It deals with motive for an act rather than whether the act was intended or not.
(c) The plaintiff should know that there is a risk in the situation.
(d) None of these.

4 . What does Volenti Non Fit Injuria mean?
(a) The injured one should be given the right first.
(b) The contract which is fit is only valid
(c) Voluntary taking of risk.
(d) Both (a) and (c)

5 . In the defence of act of god, the accident occurs because of ..... ?
(a) Unforeseen natural event.
(b) Threat or attack.
(c) for self defence and not for revenge.
(d) Proportional to theft.

6 . Can mistake be considered as a defence in tort law?
(a) Yes.
(b) No.
(c) Can’t say.
(d) there is no law mentioned.

7. Which of the following mean Consensus ad idem?
(a) Agreeing on the same thing in the same sense.
(b) No consensus between the parties.
(c) The person to whom the offer is addressed.
(d) Absence of agreement between the parties.

8 . Which section is the term ‘coercion’ defined in?
(a) Section 12
(b) Section 13
(c) Section 14
(d) Section 15

9 . K. G. Balakrishnan is the ..... Chief Justice of India?
(a) 35th
(b) 36th
(c) 37th
(d) 38th

10. The scientific study of law (Jurisprudence) first started among ..... .
(a) Romans
(b) Greeks
(c) Euoropians
(d) Arabs

11. Who p ropounded the legal theor y called "Utilitarian Individualism"?
(a) Austin
(b) Salmond
(c) Taylor
(d) Bentham

12. Who was the law member in the Council of Governor General of India?
(a) H. Spencer
(b) Maine
(c) Blackstone
(d) Macalay

13. According to Hindu legal theory the origin of law is .....
(a) Sruthi
(b) Devine
(c) Dharma
(d) None

14. Who founded the Communist legal theory?
(a) Marx and Engels
(b) Maine
(c) Blackstone
(d) Austin

15. Private international law is also called ..... .
(a) Civil law
(b) Conflict of laws
(c) Local laws
(d) Common law

16. The distinction between law and morals was made by
(a) Sruthi
(b) Mimamsa
(c) Smrithi
(d) None

17. Who propounded the theory "law and state are the same"?
(a) Kelsen
(b) Maine
(c) Blackstone
(d) Austin

18. Administration of Justice is divided in to ..... parts.
(a) 4
(b) 2
(c) 3
(d) 10

19. Apart from Jammu and Kashmir, which of the following States has a special protection, notwithstanding anything contained in the Constitution in certain matters?
(a) Tripura
(b) Nagaland
(c) Mizoram
(d) None

20. How many theories of punishments are there in the administration of Justice?
(a) 2
(b) 3
(c) 4
(d) 5

21. Byelaw making power granted to the executive by the Legislature is called ......
(a) Delegated legislation
(b) Colourable Legislation
(c) Administrative legislation
(d) None

22. According to which of the following theory Crime is the result of a decease?
(a) Reformative
(b) Deterrent
(c) Retributive
(d) Preventive

23. Which of the following gives the buyer right to reject goods, repudiate the contract and claim damages?
(a) Warranty
(b) Guarantee
(c) Garnishee
(d) None

24. 35th Law Commission report recommended that children below ..... years of age at the time of commission of offence shall not be sentenced to death.
(a) 18
(b) 16
(c) 20
(d) 21

25. The word "due process of law" indicates ......
(a) In course through courts
(b) By police action
(c) By the interference of the government
(d) Any of the above

26. A nominal sum given as a token, that the parties are eager about concluding the sale is called ......
(a) Earnest money
(b) Advance
(c) Interest
(d) Solatium

27. The rule of evidence which forbids a person from denying the truth of some statement formerly made by him is ......
(a) Estoppel
(b) Res judicata
(c) Mcnaughten rule
(d) Contradiction

28. "An eye for an eye and a tooth for a tooth" relates to .....theory.
(a) Reformative
(b) Deterrent
(c) Retributive
(d) Preventive

29. A doctor has ..... relationship with his patient.
(a) moral
(b) customary
(c) statutory
(d) fiduciary

30. Ossification test is done to determine ......
(a) Age
(b) Sex
(c) Blood group
(d) Finger print

31. English Law is also known as ......
(a) Civil law
(b) Conflict of laws
(c) Local laws
(d) Common law

32. Which of the following situation does Quasi Contract cover?
(a) Where a person is held liable to another without any agreement, for money or benefit received by him to which the other person is better entitled.
(b) An instrument for making people adhere to the standards of reasonable behaviour and respect the rights and interests of one another.
(c) A wrongful act committed by a person.
(d) A voluntary act which is distinguished from an involuntary act because the former may involve liability and the latter may not.

33. What is Unliquidated damages?
(a) Certain actions which fulfill the criterion for both a civil wrong and a criminal wrong.
(b) The amount s or extent of which has not been predetermined or decided before the wrong was committed.
(c) Damages or amounts which can not be used as liquid money.
(d) None of these.

34. Which among these is one of the essentials of a Tort?
(a) There must be an act or an omission.
(b) The act or omission should result in a legal damage.
(c) Both (a) and (b)
(d) None of these.

35. What does Damnum sine injuria mean?
(a) Causing of damage and leading to injury.
(b) Causing of damage without the violation of a legal right.
(c) The law of court which prohibits the violation of legal right.
(d) None of these.

36. Does one need to have intended the injury to be liable in tort law?
(a) Yes
(b) No
(c) It is compulsion in law of tort.
(d) Both (a) and (d).

37. What does ‘Nuisance’ mean in the tort law?
(a) Unreasonably interfering with a person’s rights over, and in connection, with his property/land.
(b) A person is held guilty for all the results that are the direct consequences of his act.
(c) Relationship between an act and some damage caused may be farfetched and unclear.
(d) None of these.

38. Which among these is/are the defence(s) to suit for defamation?
(a) Fair comment or opinion
(b) Truth
(c) Both (a) and (b)
(d) None of these.

39. What is meant by one of the essential elements of a contract called ‘consideration’?
(a) Something which is of some value in the eye of law, some benefit to the plaintiff or some detriment to the defendant.
(b) A contract entered into by a person who is not competent to contract.
(c) Both (a) and (b)
(d) None of these.

40. A contract is a deal. So if one of the parties is getting nothing, will it be called contract?
(a) Yes
(b) No
(c) Not mentioned in the law
(d) Both (a) and (c)

41. According to Indian Contract Act, Bailor means .....
(a) A person delivering the goods.
(b) A person to whom the goods are delivered.
(c) Delivery of goods by one person to another.
(d) None of these.

42. According to Indian Contract Act, Bailee means ......
(a) A person delivering the goods.
(b) A person to whom the goods are delivered.
(c) Delivery of goods by one person to another.
(d) None of these.

43. According to Indian Contract Act, Bailee means ......
(a) A person delivering the goods.
(b) A person to whom the goods are delivered.
(c) Delivery of goods by one person to another.
(d) None of these.

44. The consideration or object of an agreement is lawful unless
(a) It is forbidden by law
(b) Is of such nature that, if permitted, it would defeat the provisions of any law.
(c) Is fraudulent.
(d) All (a), (b) and (c).

45. Complete the following sentence It is not a ..... to say that others assisted in causing the Nuisance.
(a) Defence
(b) Right
(c) Public good.
(d) None of these.

46. Complete the sentence---A minor can also be sued just like a/an ......
(a) Judicial authority.
(b) Adult.
(c) General Citizen.
(d) None of these.

47. Which among these is included in the General Defences to Tort claims?
(a) Volenti Non Fit Injuria.
(b) Plaintiff is the wrongdoer.
(c) Inevitable accident.
(d) All of the above.

48. Complete the sentence--- An act is considered to be in the course of employment if the act has been directly authorised by the ..... or comes within a group of acts that the master impliedly requires the servant to perform.
(a) Master.
(b) servant.
(c) Guiding principles.
(d) None of these.

49. Which forms of defamation does English law recognises?
(a) Libel
(b) Slander
(c) Trespass to goods.
(d) Both (a) and (b)

50. What does Doctrine of Res Ipsa Loquitor mean?
(a) Innocent until proven guilty.
(b) the incident happened.
(c) Statutory authority.

(d) None of these.

ANSWERS
1 .( d) 2 . (a ) 3 . (b) 4 .( c) 5 . (a ) 6 . (b) 7.( a ) 8 . (d) 9 . (c ) 1 0 . ( a) 1 1 . (d) 1 2. (b ) 1 3 . (b ) 1 4 . ( a) 1 5. (b ) 1 6 . (b ) 1 7. ( a ) 1 8. (b ) 1 9 . (b ) 2 0 . (d) 2 1 . ( a) 2 2 . (a ) 2 3 . (b ) 2 4 . ( a) 2 5 . (a ) 2 6 . (a) 2 7. ( a ) 2 8. (c) 2 9 . (d ) 3 0 . ( a) 3 1 . (d) 3 2 . (a ) 3 3 . (b ) 3 4 . ( a) 3 5. (b ) 3 6 . (b ) 3 7. ( a ) 3 8. (c) 3 9 . (a) 4 0 . (b) 4 1 . ( a) 4 2. (b ) 4 3 . (c ) 4 4 . (d) 4 5 . (a ) 4 6 . (b ) 4 7. ( d ) 4 8 . (a ) 4 9 . (d ) 5 0 . ( a)

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