Showing posts with label Legal Knowledge. Show all posts
Showing posts with label Legal Knowledge. Show all posts

Friday, April 18, 2014

MCQ ON CONSTITUTIONAL OVERVIEW, FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY

1. The Constitution recognizes that the sovereignty of the Constitution lies in
a. We the people
b. The President of India
c. The Parliament of India
d. The President and the Prime Minister of India

Ans: a

2. The Constitution of India cannot be described as
a. A quasi federal constitution
b. A semi-rigid constitution
c. A partly written partly unwritten constitution
d. a detailed and lengthy constitution

Ans: b

3. The Present Day Constitution has
a. 395 Articles 22 Parts and 12 Schedules
b. 385 Articles 12 Parts and 22 Schedules
c. 392 Articles 12 Parts and 18 Schedules
d. 400 Articles 22 Parts and 24 Schedules

Ans: a

4. The following of these were not adopted from the US Constitution
a. Preamble
b. Fundamental Rights
c. Directive Principles of State Policy
d. Supreme Court

Ans: d

5. Residuary powers in India unlike the United States is vested in
a. Concurrently in the Union and the States
b. Only in the Union
c. Only in the States
d. Neither of the above

Ans: b


Monday, April 14, 2014

Comparison between the Supreme Court and the High Courts - Quick Revision Guide


Supreme CourtHigh Court
1. The Supreme Court is a federal Court. Its only seat is located at Delhi. Its bench can be established at other places also but so far it has not been established.1. There is a provision for a High Court in each state and each union territory but two or more states or two or more union territories or states union territories, togeth­er, may establish a common High Court.
2. The Judges of the Supreme Court are appointed by the President.2. The judges of the High Court are also appointed by the President.
3. A person shall have the following qualification to be­come eligible for the appointment as a judge of the Supreme Court - if:3. A person shall not be eligible to become a judge of a High Court unless such a person.
(i) He has been a judge of a High Court for not less than five years in succession; or(i) has been a judicial officer for not less than 10 years within the territory of India; or
(ii) He has been an advocate of a High Court for not less than 10 years in succession; or(ii) has been an advocate for not less than 10 years in a High Court in India.
(iii) He is a distinguished Jurist in the opinion of the President.4. The judges of the High Courts retire from their office af­ter attaining the age of 62 years.
4. The judges of the Supreme Court retires from their office after attaining the age of 65 years.5. The judges and the Chief Justice of the High Courts are re­moved from the office by the President in the same man­ner as adopted in the case of the Supreme Court.
5. The President can remove the Chief Justice and the oth­er judges on the basis of impeachment motion passed in the Parliament.6. The salary of the Chief Justice is Rs 30,000 and of the oth­er judges is Rs 26,000 per month.
6. The salary of the Chief Justice is Rs 33,000 and of the oth­er judges is Rs 30,000 per month.7. The judges of the High Courts cannot plead before any Court during the term of their office. After retirement, they cannot plead before any Court below the High Court. That means they can plead only before other High Courts and the Supreme Court.
7. The judges of the Supreme Court after their retirement and during their term of office are not eligible to plead before any court/authority within the territory of India.8. The judges of the High Court may be promoted as the Judges of the Supreme Court.
8. The Judges of the Supreme Court cannot be transferred and demoted in office.9. The Supreme Court is not bound to abide by the deci- 9. The High Courts are bound to abide by the decisions of sions of the High Courts.
10. The salary and the allowances of the Judges of the Su- 10. The salary and other allowances of the Judges of the preme Court are charged upon the Consolidated Fund High Courts are charged upon the Consolidated Fund of of India.
11. The cases involving the interpretation of the Constitu- 11. The cases involving the interpretation of the Constitu­tion are decided only by the Supreme Court.

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)

# 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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