Legal Studies: CUET Mock Test - 2 - CUET MCQ

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Assault is typically defined as an intentional act that puts another individual in apprehension of immediate harm. Assault thus criminalises the threat of harm itself, rather than requiring that actual harm has occurred. For this reason, it is sometimes also known as attempted battery. Since assault is an intentional act, it cannot be committed by accident. This means that a perpetrator must have intended to cause fear in another person, or that he or she acted in a way that was knowingly dangerous, even if a specific individual was not targeted. Assault does not require that the victim feared is subjected to severe bodily harm or death. Any reasonable fear is sufficient.

Assault also requires that an act be taken in furtherance of the threat of harm. This could be any variety of acts, including approaching someone with raised fists, scaring someone with a weapon, or attempting to push an individual into a crowded street. However, some sort of act is required. Simply stating a threat is not enough to create an assault unless the words are accompanied by an additional action that creates a fear of harm.
Battery is, in many ways, the completion of an assault. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together. As with assault, battery requires that the perpetrator intended to commit the act.

The act of battery does not require that the victim is severely injured or traumatised. Any type of touching that the victim considers harmful or offensive can be sufficient. For example, if a woman pours a mug of hot water on someone else, this could be a battery. To go even further, a classic case of a battery that does not result in pain or injury is when the perpetrator spits on the victim. However, a defendant will not be held liable for contact that is deemed offensive only because the victim is abnormally sensitive. The standard of offensiveness is determined from the perspective of an ordinary individual.

When the conduct of a defendant is particularly egregious, he or she may be charged with the elevated crime of aggravated assault or battery. This can vary by state, but it is generally meant to criminalise conduct that society finds particularly offensive. Thus, for instance, aggravated assault may apply to circumstances when a deadly weapon, such as a gun, is used, or when the victim is particularly vulnerable, such as a pregnant woman or an elderly individual. In some states, if the harm done to the victim is particularly severe and causes serious and lasting injury, the assault or battery will be charged as aggravated. If the perpetrator's actions could have caused death, the defendant will face a charge of attempted murder and manslaughter.

Q. A man hits a shopper with his grocery cart while in the supermarket as the market was overcrowded. Can this be regarded as battery?

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Assault is typically defined as an intentional act that puts another individual in apprehension of immediate harm. Assault thus criminalises the threat of harm itself, rather than requiring that actual harm has occurred. For this reason, it is sometimes also known as attempted battery. Since assault is an intentional act, it cannot be committed by accident. This means that a perpetrator must have intended to cause fear in another person, or that he or she acted in a way that was knowingly dangerous, even if a specific individual was not targeted. Assault does not require that the victim feared is subjected to severe bodily harm or death. Any reasonable fear is sufficient.

Assault also requires that an act be taken in furtherance of the threat of harm. This could be any variety of acts, including approaching someone with raised fists, scaring someone with a weapon, or attempting to push an individual into a crowded street. However, some sort of act is required. Simply stating a threat is not enough to create an assault unless the words are accompanied by an additional action that creates a fear of harm.
Battery is, in many ways, the completion of an assault. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together. As with assault, battery requires that the perpetrator intended to commit the act.

The act of battery does not require that the victim is severely injured or traumatised. Any type of touching that the victim considers harmful or offensive can be sufficient. For example, if a woman pours a mug of hot water on someone else, this could be a battery. To go even further, a classic case of a battery that does not result in pain or injury is when the perpetrator spits on the victim. However, a defendant will not be held liable for contact that is deemed offensive only because the victim is abnormally sensitive. The standard of offensiveness is determined from the perspective of an ordinary individual.

When the conduct of a defendant is particularly egregious, he or she may be charged with the elevated crime of aggravated assault or battery. This can vary by state, but it is generally meant to criminalise conduct that society finds particularly offensive. Thus, for instance, aggravated assault may apply to circumstances when a deadly weapon, such as a gun, is used, or when the victim is particularly vulnerable, such as a pregnant woman or an elderly individual. In some states, if the harm done to the victim is particularly severe and causes serious and lasting injury, the assault or battery will be charged as aggravated. If the perpetrator's actions could have caused death, the defendant will face a charge of attempted murder and manslaughter.

Q. A hits B with an iron rod. This leads to B's leg being fractured. What can be the charge against A?

Which of the following statements is/are correct with regard to International Court of Justice?
Statement I: International Court of Justice does not have advisory jurisdiction.
Statement II: International Court of Justice is the primary source of dispute resolution with regard to domestic and international disputes.

Dinesh Kumar, a practicing advocate engaged in the following activities as part of his professional duties:

a. Accepted the brief from his client
b. Asked for contingency fee from the client
c. Met the opposite party directly
d. Maintained client confidentiality

Which of the above activities amounts to a breach of professional duties by the advocate?

Directions: Identify the false statement about the Attorney General of India.

Statements:

1. Attorney General is appointed in India for the period which the President feels suitable.
2. Article 76 of the Constitution gives a right to the Attorney General of India to speak in both the houses of the Parliament.
3. The person who is appointed as Attorney General of India should be a distinguished jurist.

Who is the ex-officio chairman of Taluk Legal Services Committee?

In which year were the provisions related to dual system of practitioners in the Bombay and Calcutta High Courts deleted?

Which of the following statements is/are incorrect?
Statement I: An advocate is duty bound to not act in an illegal manner towards the opposite party.
Statement II: An advocate is duty bound to represent clients in all circumstances.

ABC International Ltd. and XYZ Pvt. Ltd. have a dispute over the production process which involved intricate trade secrets. The most suited alternative dispute resolution mechanism that can protect the trade secrets while resolving the dispute is:

The authority to issue writs for the enforcement of Fundamental Rights in India is vested with

A __________ refers to legally binding written agreements in which states agree to act in a particular manner as specified in the agreement.

Assertion (A): National Commission for Minorities was created to safeguard the human rights of minorities.
Reason (R): Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians are among the minorities.

Ms. Preesha, Technical Assistant in the Herb Research and Development Institute, Gopawar, was being sexually harassed by the Director of the Institute. Allegations of further harassment by way of non-renewal of her job contract were also levelled. She went to an NGO for help. It approached the National Human Rights Commission (NHRC) for action. The NHRC can

Original jurisdiction of the Supreme Court is dealt under:

Rakesh, a lawyer appearing in the Supreme Court, argues cases in court upon instructions from another advocate. He wears a gown that has flaps on the shoulders and cannot file a vakalatnama. Which category of lawyers does Rakesh belong to?

Which of the following statements is/are correct?
Statement I: Lawyers in the US can advertise on internet forums.
Statement II: Lawyers in the US can provide information about class actions.

Hammurabi was the King of

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.

If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.

If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.

Q. X is a part-time employee of a company called ZMY Infrastructures. X prepares a blueprint design of a building which is very much liked by the managers of the company. However, X has other plans and wants to move to another company with this same design. Can the other company claim copyright over it?

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.

If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.

If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.

Q. X is an independent contractor. He orally asks Y to create a work for hire. The work will be part of the book which will be published by X. Who is the copyright owner of the work?

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.

If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.

If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.

Q. According to the article, what is the main difference between an author and a copyright holder?

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.

If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.

If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.

Q. Mint writes a short story which is based on his real-life experience. Yusz also writes a short story based on his real-life experience. One day, Mint shares his story to Yusz. Yusz is pleased to read the short story of Mint and now wants to publish both the stories in one book. Can both of them be called joint copyright holders?

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.

Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.

If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.

If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.

Q. X and Y are joint copyright holders of a work. X wants to commercially exploit the work and hence hands over the work to a publisher. The publisher agrees to publish only if the profit is shared in the ratio 2 : 1 : 1 between the publisher, X and Y. Is this agreement valid?

Through which of the following amendments did the Parliament allow itself with unlimited powers of amendments?

Which of the following statements is/are incorrect?
Statement I: A domestic law can be used to justify the breach of an international one.
Statement II: In case of dispute between International law and domestic law, international law will prevail always.

Which of the following statements is/are incorrect?
Statement I: American Bar Association is the largest voluntary professional body in the world.
Statement II: American Bar Association was founded in the year 1878.

Ajay, after completing his 10+2 exams, wants to get admission in a National Law School. Which of the following entrance tests can he appear for?

'No one can pass a better title than what he himself has'. This is explained by which of the following maxims?