Tuesday, April 8, 2014

# Important MCQ on Legal Aptitude for CLAT & AILET - 2014 ( Set 2 )

51. Problem: Swati, a mechanic, goes to the market to purchase some spare parts for a customer and on the way back, while visiting her friend Aditi, leaves these spare parts in Aditi's house by mistake. Aditi, who needs some of the spare parts, fits those on her own vehicle. When Swati finds this out, she asks Aditi to reimburse her for the spare parts used.

(a) Swati will not succeed, because there is no contract between her and Aditi.
(b) Swati will not succeed, because it was solely her fault that the spare parts remained at Aditi's place.
(c) Swati will succeed. Aditi's use of the parts that were intended for Swati's customers result in an implied
contract between Aditi and Swati.
(d) None of these.

52. Problem: Mr. Sampath went to a party alone in his wife Sunanda's car. He usually used his wife's car after office hours and his wife never objected to it. At the party, he got drunk. Instead of taking the risk of driving the car, he requested his friend Mr. Vivek to drive him back home in Sunanda's car. Mr. Vivek was quite sober since he had moderately consumed alcohol. On the way, Vivek knocked down a boy and injured his leg. Subsequently, on behalf of the boy, a claim for compensation was brought against Mrs. Sunanda since the car belonged to her and it was registered in her name. The insurance company refused to pay compensation because the police report said that the person driving the car at the time of accident had consumed alcohol.

(a) Sunanda is liable to pay compensation. Although she did not authorise Mr. Vivek to drive the car, which
caused the accident, it was registered in her name.
(b) Sunanda is not liable to pay compensation because it was the liability of Mr. Sampath who had permission to drive the car. On the basis of this permission, he had requested Mr. Vivek to drive the car at the time of the accident.
(c) Mr. Vivek is liable to compensate the boy fully, because he was negligent in driving the car.
(d) Sunanda, Sampath and Vivek are all jointly liable to compensate the boy.

53. Problem: During a wrestling competition organised in Chanduram Akhada in New Delhi between X and Y, two famous wrestlers, Y died as a result of an injury sustained during the bout. X and Y were not enemies of each other, but both of them were ambitious to achieve the highest title in wrestling, namely, "Hind Kesari". There was some competitive spirit between them. A case is filed against X for causing the death of Y. In the court, the referee stated that X and Y were wrestling in the usual manner.

(a) X is not guilty of causing Y's death because he did not intend to kill Y and that there is always some risk involved in wrestling and that Y had voluntarily undertaken that risk.
(b) X is guilty of causing Y's death because he should have wrestled with necessary care and attention so as to avoid a serious injury to his opponent and thereby endanger his life.
(c) X is guilty because perhaps he wanted to eliminate his rival in the sport of wrestling so that he could easily get the highest award of "Hind Kesari".
(d) X is not guilty because Y might not have taken proper precautions to protect himself during the wrestling competition.

54. Problem: Torina and Perina are adjoining nations. In Torina, just across the international boundary, a smelting industry is set up. The sulphur fumes discharged by this industry are seriously polluting air near the town Perto in Perina. Perina complains to Torina about the discharge of fumes. The dispute between Torina and Perina is submitted to arbitration for settlement. The following claims are being considered by the arbitrators. Which one do you think is the most reasonable and fair?

(a) Torina is a sovereign and independent state. It may use its territory in whatsoever manner it likes.
(b) Torina says Perina will have to suffer from sulphur because it is unavoidable in the industrial era.
(c) All states must ensure that their territories are used in such a manner as not to cause injury to the interests of other states. Hence, Perina says that Torina must relocate the industry.
(d) Perina agrees that Torina may use its territory in whatsoever manner it likes, but insists that Torina should pay some compensation to Perina for the loss they are continually suffering.

55. Problem: Nakul owns a very badly maintained 1980 model second hand motorcycle. He pays absolutely no ttention to it and does not carry out necessary maintenance work either. One day, while travelling on a gravelly road at a high speed, the tyre of the motorcycle bursts. The vehicle skids and hits a pedestrian, who fractures her hip. She sues Nakul.

(a) Naku l is no t liable since the occurrence is an unforeseeable accident.
(b) Nakul is liable because the accident could have been avoided if Nakul had taken care enough to maintain his motorcycle in a better condition and ridden it at a safe speed.
(c) Nakul is not liable since the pedestrian should have reacted faster and moved out of the path of the oncoming motorcycle.
(d) Nakul is liable since he was riding a 21year old motorcycle on the road.

56. Problem: Mr. Krishna Prasad borrowed Rs.10 lakh from a bank for his construction business. He suffered heavy losses in the business and, thus, could not repay the loan to the bank in the agreed time. The bank is planning to take some action against him.’

(a) The bank may file a complaint with the local police claiming that non-payment of loan has resulted in a loss for the bank and thus the bank is cheated by Mr. Prasad.
(b) The bank may file a case against Mr. Prasad and ask the Court to put him in jail for a few months for non fulfilment of legal obligations.
(c) The bank may file a civil case against Mr. Prasad and ask the Court to pass a decree in favour of the bank and enable the bank to recover as much as possible out of personal properties of Mr. Prasad.
(d) The bank may give a public notice in local newspapers informing the general public that Mr. Krishna Prasad is Bankrupt and people must avoid commercial transactions with him.

57. Problem: Nilesh was crossing the street. He saw a man was slapping a beggar boy for having dirtied his car. Nilesh shot that man. Nilesh is

(a) Not protected
(b) Protected
(c) Not protected because Nilesh's own body was not involved
(d) Not protected because there was no reasonable apprehension of death or grievous hurt being caused by the slapping.

58. Problem: Nitin went for a picnic with his wife. Some rowdy boys started passing lewd comments at her. Even after repeated requests by Nitin, they continued this behaviour. Nitin asked his wife to sit in the car. He got into the car and pretended to be driving away. Suddenly he reversed and hit the boys at the speed of 40 Km/hr. Two boys died while the rest suffered serious injuries. Nitin is

(a) Not protected
(b) Protected
(c) Not protected because Nitin's own body was not involved
(d) Not protected because there was no reasonable apprehension of rape. In law, molestation is not the same thing as rape.

59. Problem: Mukul and Neeraj were fighting over a girl. Neeraj took out a cycle chain to hit Mukul. Apprehending grievous hurt, Mukul struck a knife through Neeraj's heart. Mukul is

(a) Protected.
(b) Not protected.
(c) Not protected because the assault was occasioned by Mukul's picking up a fight.
(d) Not protected because there was no reasonable apprehension of grievous hurt.

60. Problem: Mahesh was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprise, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, Manoj got very alarmed and asked the guards to open fire. The guards killed all the five friends. Manoj is

(a) Not protected.
(b) Protected because he did not kill, the guards did.
(c) Not protected because Manoj's own body was not involved.
(d) Protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping.

61. What is meant by Capital Offence?
(a) An offence punishable with death.
(b) An offense of attributing fault.
(c) The quotatin of decided earlier cases.
(d) None of these.

62. What is meant by term Acta exteriora indicant interior secreta?
(a) Acts indicate the intention.
(b) The law of the place where the contract is made.
(c) During litigation let nothing be changed.
(d) None of these.

63. Under which article does the President of India can constitute a Finance Commission, which is usually for five years?
(a) Article 279
(b) Article 280
(c) Article 281
(d) Article 282

64. Complete the sentence– The crime of theft is dealt with in section ..... of the IPC.
(a) Article 378
(b) Article 420
(c) Article 276
(d) None of these.

65. Under which article, in order to be elected as the President of India, a person must hold any office of profit under the Government of India/State government/local government.
(a) Article 50
(b) Article 58
(c) Article 46
(d) Article 32

66. Which section is ‘criminal Trespass’ defined in?
(a) Article 441
(b) Article 412
(c) Article 398
(d) None of these

67. Which Act were the family courts created under?
(a) The family court Act, 1983.
(b) The family court Act, 1984.
(c) The family court Act, 1985.
(d) The family court Act, 1986.

68. What is the full form of POTA?
(a) Prevention of Tort Act.
(b) Prohibition of Terrorism Act.
(c) Prevention of Terrorism Act.
(d) Prohibition of Tort Act.

69. Which among these is one of the methods of capital punishment?
(a) Electroculation.
(b) Lethal gas chambers.
(c) Lethal injections
(d) All of the above.

70. How many approximate fast track courts are there in India?
(a) 1700
(b) 1500
(c) 1140
(d) 5000

71. Which place in India was the Electronic Voting Machine first used in?
(a) Mumbai
(b) Delhi
(c) Chennai
(d) Goa

72. Who appoints The Advocate General?
(a) The President.
(b) The Prime minister.
(c) The Governor of the state.
(d) None of these.

73. A five year plan prepared by the Planning Commission is finally approved by the NDC. What is the full form of NDC in the statement.
(a) National Development Council.
(b) National Development Committee.
(c) National Development concept.
(d) None of these.

74. Culpable homicide is defined in which section of the IPC?
(a) Section 299
(b) Section 187
(c) Section 342
(d) Section 82

75. Consent is said to be free when it is not caused by ......
(a) Coercion.
(b) Undue influence.
(c) Both (a) and (b).
(d) None of these.

76. Which torts among these are included in the category of Trespass to person?
(a) Battery
(b) Assault
(c) false imprisonment.
(d) All of the above.

77. What is meant by Uberrima fides contracts?
(a) When one part, having no means of ascertaining the facts, is compelled to rely on the statement of another.
(b) When a change in circumstance render a representation false.
(c) When the consent was caused by fraud.
(d) None of these.

78. Complete the sentence by filling in the blank In order to prove a tort of nuisance, it must be shown that the plaintiff suffered ..... or ..... as a result of the unreasonable interference to the use or enjoyment of his land.
(a) Damage or the threat of damage.
(b) Acquired or prescroptive right.
(c) Authority or Statutory Authority.
(d) None of these.

79. An act is considered to be outside the course of employment if
(a) it is an unauthorised act.
(b) it is the guiding principle.
(c) it is the incorrect guiding principle.
(d) Both (b) and (c)

80. What is meant by Condonation?
(a) The pardoning of an offence.
(b) A challange of interest of anything which is in another’s possession.
(c) A systematic written collection of laws.
(d) None of these

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

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

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