Legal Studies: CUET Mock Test - 7 - CUET MCQ

N. R. Madhava Menon was an Indian civil servant, lawyer and legal educator, considered by many as the father of modern legal education in India. He is the founder of National Law Universities system and first director of the National Law School of India University (NLSIU) and the National Judicial Academy, Bhopal and the founder-vice-chancellor of the West Bengal National University of Juridical Sciences (NUJS).

As per the Advocates Act, the Bar Council of India consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members. The members from the state bar councils are elected for a period of five years.

Legal officers who act as advisors to the Central Government include the Attorney General of India, the Solicitor General of India and the Additional Solicitor General of India. The state government similarly has Advocate General. The office of the Attorney General for the Union of India and the Advocate General for the concerned States are Constitutional offices. The Constitution of India has also laid down the qualifications necessary for being considered for the position of the Attorney General and the Advocate General. But there is no provision for the office of Solicitor General in the Constitution.

The Madras High Court, in response to a PIL filed by A. K. Balaji, permitted foreign lawyers to practice in India on a "fly in and fly out" basis.

Prior to the enactment of the Advocates Act, the term "advocates" referred only to English and Irish barristers and members of the Faculty of Advocates in Scotland. This class was permitted to practise in the Supreme Court of Judicature in Bengal, to the exclusion of native practitioners.

The Allahabad High Court enrolled Ms. Cornelia Sorabji as the first Indian lady vakil of Allahabad High Court on 24 August 1921 by a decision of the English Committee of the Court.

India has the second largest population of lawyers in the world, second only to the United States. The number of persons admitted to practice law in India has increased from about 70,000 at time of independence in 1947 to some 1.25 million in 2014.

In the Bhopal gas tragedy of 1984, a factory of the Union Carbide Corporation located in Bhopal had a major leakage of methyl isocyanate gas that killed 2260 and injured around 600,000 people.

In tort cases, the victim or the claimant claims that the defendant or the wrongdoer has conducted a wrongful act or is liable for injury incurred by the claimant. Primarily, there are three kinds of wrongs in tort law - the wrongful acts can occur either intentionally or negligently on part of the wrongdoer, or the defendant is strictly liable for the wrongful act.

'Tort' means a 'civil wrong' and originates from the Latin word 'tortum', which means 'twisted' or 'crooked'.

Both options 3 and 4 seem correct, but the last option gives a better explanation and better defence to avoid the liability. The police had interfered with his possession, but that was with lawful justification, i.e. the legal obligation to catch hold of a thief, a criminal, by following him to all parts of the country.

In law, tort is defined as a civil wrong or a wrongful act, of one, either intentional or accidental, that results in the injury or harm to another who in turn has recourse to civil remedies for damages or a court order or injunction.

Torts are a common law subject; common law in the sense that tort law or the rules of tort law developed not from a statute or an act passed by the Parliament, but from centuries of judicial decisions - case by case in English courts as well as in courts of other countries following common law system like India and the United States of America.

The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak accident on the night of 2-3 December 1984 at the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh, India. The industrial disaster is considered the world's worst in history.

The three elements of a tort of negligence are:

1. The defendant owes a duty of care to the victim
2. There has been a breach of duty of care on part of the defendant
3. The breach of the duty to care resulted in the harm suffered by the claimant

The law of torts in India is uncodified and is based on common law of England. In the absence of common law, Indian courts apply the principles of justice, equity and good conscience.

Rylands v Fletcher is one of the landmark cases of tort law. In this case, the House of Lords laid down the 'rule of strict liability'. By this rule, a person may be liable for some harm even though he is not negligent in causing the same. Further, this case paved the way for the 'rule of absolute liability' in India.

• Section 2 (c) of the Criminal Procedure Code, 1973 defines cognizable offences.
• Cognizable offence means where a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force.
• Cognizable offences are usually offences which are serious in nature.

Section 24 of the Indian Evidence Act clearly states that, 'A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.'

Section 2(x) Cr.P.C. defines warrant case as: 'Warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.'

"Code of Criminal Procedure" is mainly, though not purely, a procedural law and there are also certain provisions, which are partly in the nature of substantive law.

Option (1) is incorrect: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (2) is correct: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (3) is incorrect: Admissions are not always relevant.

Motive is the ulterior objective behind doing an act. It is the driving force behind intention or commission of an act. The criminal law does not take into account motive in affixing criminal liability or in determining criminal culpability. This is the reason why the criminal law does not care whether one has stolen a loaf of bread to feed a starving person or stolen medicine to save someone's life, as long as it is a prohibited act, done knowingly.

Offender, under the law of crime, is a person who has committed an illegal act and is declared guilty for the same by court after a complete investigation and trial.

A bailable offence is an offence of relatively less severity and for which the accused has a right to be released on bail. In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court. Thus, it is correct to say that bail, in a bailable offence, can be granted either by the police officer or by the court. Bail is a matter of right in case of bailable offences.

Section 26 of the Evidence Act stipulates that no confession made by an accused person shall be proved against him, unless it is made in the immediate presence of a Magistrate. Therefore, any confessional statement by the accused given to the Magistrate is admissible.

Commission is when a person actually executes his plans and commits a wrongful act.
The severity of punishment is the maximum in case of the commission of crime.

Summons are issued by the Court to any person, to appear before the court, to give evidence as witness or produce a document which is in his possession before the court on a particular date. Issue and service of summons are significant in both the civil and criminal cases as they provide a mechanism to start legal proceedings before the court of law. Summons are generally issued to the defendant in a suit and the witnesses who are being called to adjudicate the case in any civil proceedings.

Section 80 of the Indian Evidence Act gives the evidentiary value to the judicial confession and expresses that a confession made in the presence of magistrate or in the court which is recorded by the magistrate as prescribed by the law shall be presumed to be true and genuine confession and the accused can be tried with the offence. Admission, as defined under Section 17 of the Indian Evidence Act, 1872, is "An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances hereinafter mentioned".

Intellectual property rights refer to the creation of mind, innovations, inventions, literary and art works, designs, symbols, etc. used in commerce that are protected by the law. These enable people to earn financial benefits from their invention of creation. These include, copyrights, patents, trademarks, industrial design rights and trade secrets. So, option 4 is correct.