Test: CLAT PG Practice Test - 2 - CLAT PG MCQ

Recovery of penalty and compensation [penalty imposed or compensation awarded] under this Act covered, if it is not paid, shall be recovered as an arrear of land revenue and the licence, as the case may be, shall be suspended till the penalty is paid.

Opinio juris sive necessitatis ("an opinion of law or necessity") or simply opinio juris ("an opinion of law") is the belief that an action was carried out as a legal obligation. This is in contrast to an action resulting from cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case.
Opinio juris is the subjective element of custom as a source of law, both domestic and international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice.

Vicarious Liability deals with cases where one person is liable for the acts of others. So in a case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. Thus, Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The common examples of such a liability are:
(1) Liability of the principal for the tort of his agent;
(2) Liability of partners of each other’s tort;
(3) Liability of the master for the tort of his servant.
(4) Liability of the State or Liability of the Administration.
Constituents of Vicarious Liability
So the constituents of vicarious liability are:
(1) There must be a relationship of a certain kind.
(2) The wrongful act must be related to the relationship in a certain way.
(3) The wrong has been done within the course of employment.

A Theory of Justice is a work of political philosophy and ethics by John Rawls, in which the author attempts to solve the problem of distributive justice (the socially just distribution of goods in a society) by utilising a variant of the familiar device of the social contract.

On the other hand, pairs of diagonally opposite elements in the first two columns (duty/liberty and right/no-right) and those in the last two columns (liability/immunity and power/disability) are jural opposites, i.e. two legal positions that negate each other.

Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
—Winfield and Jolowicz on Tort. 19th Ed.

Rivers get polluted because of a number of reasons: Sewage And Waste Water: Sewage, garbage and liquid waste of households, agricultural lands and factories are discharged into lakes and rivers. These wastes contain harmful chemicals and toxins which make the water poisonous for aquatic animals and plants.An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers .

Chilling Judicial Independence is written by Irving R. Kaufman.
Irving R. Kaufman was an American judge who served on the United States Court of Appeals for the Second Circuit. He was known for his contributions to the legal field and his strong advocacy for judicial independence. One of his notable works is the essay titled "Chilling Judicial Independence," which discusses the importance of maintaining an independent judiciary and the potential threats that can hinder its impartiality.
Here is a breakdown of the answer in bullet points:

• Irving R. Kaufman:
  • Irving Robert Kaufman was an American judge.
  • He served on the United States Court of Appeals for the Second Circuit.
  • He was known for his advocacy for judicial independence.
• "Chilling Judicial Independence":
  • "Chilling Judicial Independence" is an essay written by Irving R. Kaufman.
  • The essay explores the significance of maintaining an independent judiciary.
  • It discusses potential threats that can undermine the impartiality of the judiciary.
• mportance of Judicial Independence:
  • Judicial independence is crucial for upholding the rule of law and ensuring fair and unbiased judgments.
  • It allows judges to make decisions based on the law rather than being influenced by external pressures.
• Threats to Judicial Independence:
  • The essay likely addresses various threats that can potentially undermine judicial independence.
  • These threats may include political interference, public opinion influence, and external pressure from other branches of government.
• Impartiality and Fairness:
  • The essay might emphasize the importance of judges being impartial and fair in their decision-making.
  • Kaufman may discuss how any attempt to chill or undermine judicial independence can lead to biased judgments and erode public trust in the judiciary.

In conclusion, "Chilling Judicial Independence" is an essay written by Irving R. Kaufman, a prominent American judge. The essay focuses on the significance of maintaining an independent judiciary and the potential threats that can hinder its impartiality. It underscores the importance of judicial independence for upholding the rule of law and ensuring fair and unbiased judgments.

A special court is a court with limited jurisdiction, that deals with a particular field of law rather than a particular territorial jurisdiction. The Special Court is not subordinate to High court.

Manual scavenging is a term used mainly in India for the manual removal of untreated human excreta from bucket toilets or pit latrines by hand with buckets and shovels. It has been officially prohibited by law in 1993 due to it being regarded as a dehumanizing practice (if not done in a safe manner). It involves moving the excreta, using brooms and tin plates, into baskets, which the workers carry to disposal locations sometimes several kilometers away.The workers, called scavengers (or more appropriately "sanitation workers"), rarely have any personal protective equipment. The term is mainly used in the Indian context only. 
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 or M.S. Act 2013
Government has passed the new legislation in September 2013 and issued Government notification for the same. In December, 2013 Government has also formulated Rules-2013 called as "The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules 2013" or "M.S. Rules 2013". The details about Act and Rules are available on the website of Ministry of Social Justice and Empowerment, GOI.
Further, the hearing on 27 March 2014 was held on Manual Scavenging of writ petition number 583 of 2003, and supreme Court has issued final orders and case is disposed of with various directions to the Government.
The broad objectives of the act are to eliminate unsanitary latrines, prohibit the employment of manual scavengers and the hazardous manual cleaning of sewer and septic tanks, and to maintain a survey of manual scavengers and their rehabilitation.

The Union Government has appointed former Supreme Court (SC) judge Justice Balbir Singh Chauhan (66) as Chairman of the 21st Law Commission of India (LCI).

(a)Bring the body before the Court - (iii) Writ of Habeas Corpus
(b)Petitioner's legal right to compel the performance of public duty - (i) Writ of Mandamus
(c)By what authority a person is holding the public post - (iv) Writ of Quo warranto
(d)Action ofsubordinate Courtin violation of theprinciples of natural justice - (ii) Writ of Certiorari

(i) Radio and Doordarshan
(ii) Central Institute of Fisheries
(iii) Postal and Telegraph Department
These are an  'industry'.

Children born of void marriages or annulled voidable marriages under Sections 11 and 12 of the Hindu Marriage Act, 1955 are deemed to be legitimate but cannot inherit the property of any person other than their parents.

Wrongful restraint. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. so A is guilty of Wrongful restraint.

The Estrada Doctrine is the name of Mexico's core foreign policy ideal from 1930 to the early 2000s. Its name derives from Genaro Estrada, Secretary of Foreign Affairs during the presidency of Pascual Ortiz Rubio (1930–1932).
The doctrine was the most influential and representative instrument in the country's foreign policy for 70 years. It claims that foreign governments should not judge positively or negatively the governments or changes in government of other states, as such an action would imply a breach of state sovereignty. The policy was said to be based on the principles of non-intervention, peaceful resolution of disputes and self-determination of all nations.

Patent system is a contract between the inventor and authority whereby the inventor gets exclusive rights for a period of 20 years in return for disclosing full details of the invention. The main purpose of patent system is to encourage innovation and eventually results in technological development.
The present Patents Act, 1970 came into force in the year 1972, amending and incorporating the existing laws relating to Patents and Designs act 1911 in India. 

Uberrima fides (sometimes seen in its genitive form uberrimae fidei) is a Latin phrase meaning "utmost good faith" (literally, "most abundant faith"). It is the name of a legal doctrine which governs insurance contracts.

In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.
In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the policy issues in establishing that there was a duty of care and that that duty was breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages is fairly placed on the defendant.

The offences include causing death whether by intention or not.
Under §299[3] of the Indian Penal Code (IPC), "[...committer of] Culpable homicide" is defined as "Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable." "Culpable homicide not amounting to murder" is punishable under 299[4] of the Indian Penal Code. It is a non bailable charge with imprisonment up to 10 years with or without fine.

The marriage of a 15 year old girl with a 60 year old man solemnized without her consent but with the consent of her parents under the Hindu Marriage Act, 1955 is voidable at the option of the girl.

The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a jus cogens rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It states that a people, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and international political status with no interference. The principle of self-determination has been incorporated in the Charter of United Nations under Articles 1(2), 55 and 56.

Offence of Rape
Rape is a serious crime that involves non-consensual sexual intercourse. In the scenario mentioned, the wife is approximately 14 years old. It is important to note that the age of consent varies from country to country, and in many jurisdictions, a person under the age of 16 or 18 is considered a minor and unable to legally give consent for sexual activities.

1. Age of Consent: In this case, the wife is underage, and it is crucial to consider the legal age of consent in the jurisdiction where the incident occurred. If the legal age of consent is higher than 14, it means that the wife is not legally capable of giving consent for sexual activity. Thus, the element of consent is invalid.
2. Laws Protecting Minors: Laws are in place to protect minors from sexual exploitation and abuse. These laws take into account the vulnerability and lack of capacity of minors to make informed decisions regarding sexual activities. Even if the wife consents, the law may still consider it an offense and a violation of her rights.
3. Marital Exemption: In many jurisdictions, there are no specific exemptions within rape laws for married couples. Consent is still a crucial element in determining whether an act is consensual or non-consensual, regardless of the relationship between the individuals involved. Therefore, even if the individuals are married, the absence of valid consent can render the act as rape.
4. Statutory Rape: Statutory rape refers to sexual intercourse with a person who is below the age of consent, even if they provide apparent consent. Statutory rape laws aim to protect minors from being sexually exploited by older individuals. In this scenario, if the wife is underage, the act of sexual intercourse would likely fall under the category of statutory rape.

Considering these factors, it is clear that the act described in the scenario falls under the offense of rape. The wife's consent is invalid due to her age, and the law aims to protect individuals in her vulnerable position from such exploitation.

Both (A) and (R) are true and (R) is the correct explanation of (A)
Damnum Sine Injuria is a maxim, which refers to injury which is being suffered by the plaintiff but there is no violation of any legal right of a person. ... It is not actionable in law even if the act so did was intentional and was done to cause injury to other but without infringing on the legal right of the person.
It's a very common and informal way to refer to a business, usually one that sells food or drink. "I run a burger joint in Anchorage." "Lets meet at that joint on the corner of 5th and Main." Usually it will refer to a small, casual restaurant or bar.

A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."

When a statute confers discretionary powers on an official, it means that the official has the authority to exercise their judgment and make decisions based on their own assessment of the situation. In such cases, the statute may include expressions that define the scope or criteria for the exercise of discretion. These expressions help guide the official in making reasonable, appropriate, equitable, and sufficient decisions.
Let's break down each expression:

• Reasonable: This expression indicates that the official should make decisions that are logical, fair, and justifiable based on the facts and circumstances of the case at hand. The official should consider the relevant factors and come to a decision that is sensible and rational.
• Appropriate: This expression suggests that the official should make decisions that are suitable or fitting for the situation. The decision should align with the purpose, objectives, and principles of the statute, and should be in line with what is deemed suitable or proper in the given context.
• Equitable: This expression emphasizes the importance of fairness and justice in decision-making. The official should consider the principles of fairness, equality, and impartiality in order to ensure that their decisions are equitable and reasonable for all parties involved.
• Sufficient: This expression indicates that the official should make decisions that are adequate or satisfactory for the purpose intended. The decision should be able to achieve the desired outcome or address the issue at hand effectively.

Since all of the expressions mentioned (reasonable, appropriate, equitable, and sufficient) are correct in the context of conferring discretionary powers on an official, the correct answer is D: (a), (b), (c), and (d) are correct.

The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women in India can obtain divorce. Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage, succession and inheritance among Muslims. The matrimonial relief of annulment of marriage is not available under the Dissolution of Muslim Marriages Act, 1939.

Agreement to do impossible act
An agreement to do an act impossible in itself is void.
Contract to do act afterwards becoming impossible or unlawful: A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or unlawful: Where one person has promised to be something which he knew or, with reasonable diligence, might have known, and which the promisee did not know to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise.
Illustrations
(a) A agrees with B to discover treasure by magic. The agreement is void.
(b) A and B contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes void.

Inchoate offences in English law are offences in England and Wales that cover illegal acts which have yet to be committed, primarily attempts to commit crimes, incitement to crime (before 2007) or encouraging or assisting crime, and conspiracy to commit crimes. An inchoate instigation to Commit a Crime is said to be incomplete, when the purported crime is different from that of instigation.

As a theory or philosophy of Law, Salmond dividend Schools of Jurisprudence into three types:

• Analytical School
• Historical School
• Philosophical School

Analytical School

• Also called Imperative, Positive, Teleological, English or Austinian School.
• Jurists: Bentham, John Austin

Historical School

• Importance is not given to the relation of law to the State but to the societal institutions in which law exhibits itself.
• Jurists: Savigny, Sir Henry Maine

Philosophical School

• Also called the Ethical School, Metaphysical School or the Law of Nature School
• Continental school is metaphysical
• Jurists: Hugo Grotius, Immanuel Kant, Hegel