Legal Studies: CUET Mock Test - 1 - Humanities/Arts MCQ

Rajiv’s act qualifies as an accident under the IPC, lacking criminal intention (mens rea). It occurred during a lawful act (sprinkling pesticide) performed with care, exempting him from liability. Hence, D is correct.

Ajit was voluntarily intoxicated (Section 86, IPC). Voluntary intoxication does not exempt liability if intent (mens rea) is present. Pouring petrol and setting his wife on fire demonstrates intent, making him liable under Section 86. Thus, C is correct.

The insanity defense applies only if the person was incapable of understanding their actions at the time of the offence. Abhi, being sane during the interval when he killed Ashi, had mens rea and is liable. Thus, C is correct.

Under Section 83 of the IPC, a child aged 7–12 is not criminally liable unless they have attained sufficient maturity to understand the nature of their act. Given Arya is 11 and no evidence suggests maturity, she is likely exempted. Thus, A is correct.

Gurjot was involuntarily intoxicated (Section 85, IPC) as the alcohol was given without his knowledge, mistaking it for a cold drink. Under Section 85, he is not liable if intoxication rendered him incapable of understanding his actions. No other option fully applies, so D is correct.

Under The Legal Services Authorities Act of 1987, individuals entitled to legal services include (a) a member of a Scheduled Caste or Scheduled Tribe (Option A), (f) an industrial workman (Option B), and (b) a beggar (Option C). Thus, D (All the above) is correct.

The Advocates Act, 1961 recognizes only one class of practitioners, namely Advocates. It abolished all old categories (vakils, barristers, pleaders, mukhtars) and consolidated them into this single category, granting them the right to practice throughout India. Thus, A and R are correct, and R explains A, making A the correct answer.

The NHRC is based in New Delhi, not Mumbai (A is incorrect). The Chairperson must be a former Chief Justice of the Supreme Court, not merely a judge (B is correct). There is no mandate to appoint a woman member (C is incorrect). 

Clause 2 of Article 124 of the Indian Constitution states, 'Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.'
Clause 1 of Article 217 states, 'Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India and the Governor of the State.'
Clause 1 of Article 233 states, 'Appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.'

There are 17 National Law Schools in India, 14 of which have a common entrance test - CLAT (Common Law Admission Test) which tests logical reasoning, legal reasoning, English and comprehension, legal knowledge and general knowledge. National Law University, Jodhpur is one among these. So, Rashid will have to take CLAT if he wants to pursue 5 year integrated BA LLB programme from National Law University, Jodhpur.

A Senior Advocate, is an advocate who has been officially designated as such by either the Supreme Court or the High Court. A Senior Advocate cannot file a vakalathnama, appear in the Court without another advocate or advocate-on-record, cannot directly accept an engagement to appear in a case or draft pleadings. Senior Advocates wear gowns that have flaps on the shoulders.

National Commission for Minorities Act, 1992 was enacted by the Parliament to create the National Commission for Minorities to safeguard the human rights of minorities including protection against inequality and discrimination. The National Minorities Commission consists of a Chairperson, a Vice-Chairperson and five other members who are nominated by the Central Government from amongst the minority communities who are persons of eminence, ability, and integrity.

Injuria sine damnum means infringement of legal right without any loss.
The leading case on Damnum sine injuria is Gloucester's Case.
Rylands vs. Fletcher is a leading case on Strict Liability.
Volenti non fit injuria is a maxim which explains the defence of consent.

(A) Correct: The Supreme Court was established in 1950 as per the Constitution.
(B) Correct: Article 131 grants the Supreme Court original jurisdiction in disputes between states or between the Union and states.
(C) Incorrect: High Courts have both civil and criminal appellate jurisdiction, not just criminal.
(D) Correct: District courts handle both civil and criminal cases at the state level.

There were three processes whereby the developing civilization progressively moved towards social engineering through free legal aid. The first was to grant aid to vulnerable communities; the second was to put restrictions upon the exercise of privileges accorded by law to those well-off; and the third was to strip those fortunate of their privileges and place the strong and weak on an equal footing before the law. But these three steps did not ultimately bring the society towards realizing its goal.

Lok Adalats have statutory status under the Legal Services Authorities Act, 1987, not the Code of Civil Procedure, 1908 (Reason is incorrect). They have the same powers as a civil court under the CPC, 1908, for specific matters like summoning witnesses (Assertion is correct). Thus, C is the correct answer.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. The parties can select a sole arbitrator together. If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator.

Ad hoc arbitration is an arbitration which is governed by parties themselves, without recourse to a formal arbitral institution. It may be domestic or international in character. The parties can present their own rules and set convenient timelines for the arbitral process of the tribunal and to a diminished degree the parties can arrange and conduct their own proceedings.

The Latin maxim quid pro quo means 'something for something' or 'something in exchange for something,' referring to consideration in contracts. Thus, B is correct.

The Bar Council of India was established by Parliament under the Advocates Act, 1961. It sets standards for legal education, including content, syllabus, and duration, and recognizes law degrees for advocate enrolment. Both A and R are correct, but R does not explain A, so B is correct.

(A) Incorrect: Judicial review is not limited to legislative actions but also covers executive and administrative actions.
(B) Correct: Judicial review is an essential feature of the Indian Constitution.
(C) Correct: Both the Supreme Court and High Courts can exercise judicial review.
(D) Correct: Judicial review allows courts to invalidate laws that are inconsistent with the Constitution.

Article 59 of the Statute of the ICJ states that decisions of the ICJ have no binding force except on the parties to the dispute. However, the ICJ tends to examine its previous decisions and determine which cases should not be applied; it rarely departs from the relevant case law.

The Advocate's Act has created a State Bar Council in each State with the Advocate General of the State as an ex- officio member, and 15-25 Advocates elected for a period of five years.

The Universal Declaration of Human Rights was adopted under the chairmanship of Eleanor Roosevelt. She was an American political figure and also served as the first lady of the United States. She was the first chairperson of the Commission on Human Rights (CHR).

The Zonal Councils are the statutory bodies. So, statement 1 is correct.
They are established by an Act of the Parliament, that is, States Reorganisation Act 1956. So, statement 2 is correct.
North-Eastern Council was created by a separate Act of Parliament, i.e the North-Eastern Council Act 1971. So, statement 3 is false.

The Attorney-General is required to represent on behalf of the Government of India in all cases in the Supreme Court of India in which the Government of India is concerned. He is qualified to be appointed as a judge of the Supreme Court as well as High Courts. In India, Attorney-General is appointed on the basis of professional competence, not on political considerations. He is a non-party man who is appointed because of his competence as a lawyer and he is not a member of the Cabinet.

• Doctrine of Election requires accepting both benefit and burden (4).
• Sale involves transfer for a price (3).
• Lease involves transfer for a period with rent (1).
• Gift is voluntary transfer without consideration (2).

Under Article 217(1)(b) and the Judges (Inquiry) Act, 1968, removal proceedings for a High Court judge begin with a notice of motion signed by the requisite number of Members of Parliament, praying for an address to the President (B is correct). This initiates the process, followed by investigation and a 2/3 majority vote in each House.

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognise more than others. Intellectual property rights include patents, copyrights, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and, in some jurisdictions, trade secrets.

Under Section 9 of the Indian Contract Act, 1872, a promise is implied if a proposal or acceptance is made otherwise than in words. Here, the coolie’s act of picking up S’s luggage (proposal) and S’s failure to object (acceptance) create an implied contract. Thus, the coolie is entitled to payment, making B correct.