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Legal Studies: CUET Mock Test - 1 - Question 1

Directions: Read the following passage carefully:

Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.

This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.

These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.

Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.

Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.

Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.

Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.

Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.

Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.

Q. Rajiv, an environmentalist, went to Aravalli Hills for sprinkling a pesticide on a specific type of tree which was breeding a dangerous bacteria. He was doing the same during the afternoon. Bhola, a villager, was fetching woods from the forest. Rajiv was sprinkling pesticide with a pesticide gun. Unfortunately, the pesticide infused bullet reflected from a tree and caused harm to Bhola. Rajiv was held liable. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 1

Accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. There is no criminal element i.e. the person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. Thus, none of the above is the correct answer option.

Legal Studies: CUET Mock Test - 1 - Question 2

Directions: Read the following passage carefully:

Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.

This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.

These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.

Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.

Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.

Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.

Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.

Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.

Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.

Q. Ajit was drunk and fought with the wife. In anger, he poured petrol on her and set her on fire and later, started extinguishing the fire. He was held under the court of law. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 2

The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for it under Section 86.

Legal Studies: CUET Mock Test - 1 - Question 3

Directions: Read the following passage carefully:

Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.

This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.

These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.

Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.

Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.

Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.

Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.

Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.

Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.

Q. Abhi, a patient, was under observation under a psychiatrist. Abhi is, at intervals, of sound mind. He killed Ashi during such an interval. Abhi was held liable for the murder. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 3

Exception of insanity excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law. Therefore, Abhi would be held liable under mens rea, as he was sane while performing the tort.

Legal Studies: CUET Mock Test - 1 - Question 4

Directions: Read the following passage carefully:

Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.

This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.

These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.

Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.

Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.

Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.

Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.

Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.

Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.

Q. Arya, an eleven year old girl, had a 15 year old sibling. Arya had always been a stubborn kid. One day, she demanded a toy from his brother. He refused to give her the same. Arya, in rage, stabbed her brother with a knife and he was badly injured. She was held by the court of law. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 4

By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission. Therefore, Arya would be exempted under the general exceptions.

Legal Studies: CUET Mock Test - 1 - Question 5

Directions: Read the following passage carefully:

Criminal liability has been defined as being responsible for a criminal act. It is an established principle of criminal law that no one should be convicted or held liable for a crime, unless some measure of subjective fault can be attributed to him.

This invariably means that such a person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. These two elements are a sine qua non to the commission of any offence as failure to establish those elements leads to an acquittal.
However, it is not all acts that are to be punished. There are certain defences that the law provides which exculpate criminal liability. It is provided for in sections 76 to 106 of Indian Penal Code (IPC), 1860.

These defences are based on the fact that although the person committed an offence, he cannot be held criminally liable because as at the time the offence was committed, he was justified of his acts or he had no intention to commit such an offence.

Mistake of fact: This exception excludes a person from criminal liability where the person was mistaken as to the existence of some facts or ignorant of the existence of such facts.

Accident: This exception excludes a person from criminal liability where such acts occur as a result of an accident. This means that although the person performed the act, such act was devoid of an intention.

Essential elements: The act must be an accident or misfortune. The act was done without criminal intention or knowledge. It must be in the performance of a lawful act. It must be exercised in a lawful manner and by lawful means. Such an act must have been done with care and caution.

Infancy: According to Section 82 of IPC, nothing is an offence which is done by a child under seven years of age.
By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission.
When the child has attained maturity of understanding that he ought not to perform such an act, he becomes criminally liable.

Insanity: This exception excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law.

Intoxication: The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for the tort.

Q. Gurjot drank alcohol given by a friend, thinking it to be a cold drink. He became intoxicated and hit a person while driving his car back home. He was held liable for the tort done. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 5

He will not be liable as alcohol was administered to him without his will and knowledge.
The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily. Section 85 clearly states that Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Legal Studies: CUET Mock Test - 1 - Question 6

Who among the following is entitled to legal services?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 6

Every person who has to file or defend a case shall be entitled to legal services under The Legal Services Authorities Act of 1987 Act if that person is -
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred in article 23 of the Constitution;
(c) A woman or a child;
(d) A person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987.
The Act renders a helping hand to all those categories of citizens mentioned above.

Legal Studies: CUET Mock Test - 1 - Question 7

Assertion (A): The Advocate's Act recognizes only one class of practitioners.
Reason (R): The Advocate's Act abolished all old categories of practitioners.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 7

The Act recognizes only one class of practitioners, that is, Advocates. After the enactment of the Advocates Act ,1961 all the old categories of practitioners (vakils, barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a single category called "Advocates" who enjoy the right to practice in courts throughout India.

Legal Studies: CUET Mock Test - 1 - Question 8

Consider the following statements regarding NHRC of India. Which of the following is/are incorrect?
A. It is based in Mumbai.
B. Its chairman must be a judge of the Supreme Court.
C. It is mandatory to appoint a woman as a member of the commission.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 8

The specific legislation called the Protection of Human Rights Act was enacted by the Parliament in 1993, which in turn established the National Human Rights Commission as an independent institution with powers and functions to promote and protect human rights. The National Commission is headed by the Chairperson who is a former Chief Justice of the Supreme Court. The other members of Commission are- one member who is a former judge of the Supreme Court, another member who is present or former Chief Justice of a High Court, and two other members with knowledge or experience in matters relating to human rights. Besides, there is a Secretary-General who is the Chief Executive Officer of the Commission. There is no provision which madates the appointment of a woman as a member of the Commission. The National Commission is based in New Delhi.

Legal Studies: CUET Mock Test - 1 - Question 9

Match the following:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 9

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.'

Legal Studies: CUET Mock Test - 1 - Question 10

Rashid wants to pursue a 5 year integrated BA LLB programme from National Law University, Jodhpur. Which entrance exam will he have to take?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 10

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.

Legal Studies: CUET Mock Test - 1 - Question 11

What distinction do senior advocates bear in their uniform?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 11

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.

Legal Studies: CUET Mock Test - 1 - Question 12

The National Minorities Commission consists of _____________ members, except the Chairman and the Vice-Chairman.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 12

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.

Legal Studies: CUET Mock Test - 1 - Question 13

Match the following:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 13

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.

Legal Studies: CUET Mock Test - 1 - Question 14

There were three processes whereby the developing civilization progressively moved towards social engineering through free legal aid. Point the odd one out.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 14

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.

Legal Studies: CUET Mock Test - 1 - Question 15

Assertion (A): Lok Adalats have the same powers as are vested in a civil court with respect to certain matters only.
Reason (R): Lok Adalats have been recognized under Civil Procedure Code.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 15

Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. A case may be referred to Lok Adalat when the parties thereof agree or one of the parties thereof makes an application to the court for referring the case to the Lok Adalat for settlement. The Lok Adalat shall for the purpose of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:
(a) The summoning and enforcing of the attendance of any witness and examining him on oath,
(b) The discovery and production of any document,
(c) The reception of evidence on affidavits,
(d) The requisitioning of any public record or document or copy of such record or document from any court or office, and
(e) Such other matters as may be prescribed.

Legal Studies: CUET Mock Test - 1 - Question 16

In which of the following can the parties, out of their own free will, appoint (a) neutral person(s) to resolve their disputes?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 16

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.

Legal Studies: CUET Mock Test - 1 - Question 17

Which statement is true with respect to jurisdiction in ad hoc arbitrations?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 17

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.

Legal Studies: CUET Mock Test - 1 - Question 18

'Quid pro quo' means

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 18

This is a Latin maxim. The meaning of this is "consideration", in real sense. The literal meaning of the maxim "quid pro quo" is: "something in return of something" or "something in exchange of something". In every contract, there should be consideration flowing from each side to the other, the Latin maxim "quid pro quo" signifies that part of the contract.

Legal Studies: CUET Mock Test - 1 - Question 19

Assertion (A): The Bar Council of India regulates the content, syllabus, and duration of the law degree.
Reason (R): The Bar Council of India was established by Parliament under the Advocates Act, 1961.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 19

The Bar Council of India was established by the Parliament under the Advocates Act, 1961. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets the standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. It regulates the content, syllabus, and duration of the law degree, subject to which every University can lay down its own provisions. The Council has a Legal Education Committee for this purpose.

Legal Studies: CUET Mock Test - 1 - Question 20

The decisions of the International Court of Justice

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 20

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.

Legal Studies: CUET Mock Test - 1 - Question 21

Who is the ex officio member of State Bar Councils?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 21

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.

Legal Studies: CUET Mock Test - 1 - Question 22

The Universal Declaration of Human Rights was adopted under whose chairmanship?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 22

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).

Legal Studies: CUET Mock Test - 1 - Question 23

With regard to Zonal Councils, consider the following statements:

  1. The Zonal Councils are statutory bodies.
  2. They are established by an Act of the Parliament, that is, States Reorganisation Act 1956.
  3. North-Eastern Council was created under the States Reorganisation Act 1956.

Which of the statements given above is/are correct?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 23

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.

Legal Studies: CUET Mock Test - 1 - Question 24

The following question consists of four statements, labeled as A, B, C, and D. You are to examine these statements carefully and select the best option for answer.
A. Attorney-General of India is qualified to be appointed as a judge of the high court.
B. Attorney-General represents Government of India in the Supreme Court.
C. Appointment of the Attorney-General is political in nature.
D. Attorney-General is appointed on the basis of professional competence.

Decide correct statement(s):

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 24

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.

Legal Studies: CUET Mock Test - 1 - Question 25

Any proceedings for removal of a judge of any High Court in India may be initiated only by

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 25

Article 124: A judge shall not be removed by the President unless 2/3 of members presenting and voting in the Parliament voted for removal of judge in the Parliament after an address with regard to removal of such judge. Such a removal must be after addressing in each House of the Parliament, i.e. Lok Sabha and Rajya Sabha, and the majority of voting must be 2/3 by adding votes of both the Houses of the Parliament.

Legal Studies: CUET Mock Test - 1 - Question 26

The term "intellectual property rights" covers:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 26

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.

Legal Studies: CUET Mock Test - 1 - Question 27

Directions: Read the following passage carefully:

The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.

Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.

"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.

Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.

As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.

Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A coolie in uniform picks up the luggage of S to be carried out of the railway station without being asked by A, and S does not stop him as well. Examine whether the coolie is entitled to receive money from S under the Indian Contract Act, 1872.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 27

Implied contracts come into existence by implication. Most often the implication is by law and or by action. Section 9 of the Indian Contract Act, 1872 contemplates such implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
In the present case, it is an implied contract and S must pay for the services of the coolie.

Legal Studies: CUET Mock Test - 1 - Question 28

Directions: Read the following passage carefully:

The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.

Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.

"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.

Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.

As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.

Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Aman contracts to repair Bir's house in a certain way and receives the money in advance. Aman repairs the house but not according to the contract. Is Bir entitled to recover the cost of making the repairs?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 28

Aman contracts to repair Bir's house in a certain manner, and receives payment in advance. Aman repairs the house but not according to the contract. Bir is entitled to recover from Aman the cost of making the repairs for not conforming to the contract. This gets support from the passage; refer to Section 73 of the Indian Contract Act.

Legal Studies: CUET Mock Test - 1 - Question 29

Directions: Read the following passage carefully:

The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.

Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.

"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.

Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.

As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.

Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Ramaswami proposed to sell his house to Ramanathan. Ramanathan sent his acceptance by post. Next day, Ramanathan sent a telegram withdrawing his acceptance. The telegram of revocation of acceptance was received by Ramaswami before the letter of acceptance.
In the light of the above situation, examine the validity of the acceptance according to the Indian Contract Act, 1872.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 29

The problem is related with the communication and time of acceptance and its revocation. Refer to the part in the passage, "As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards."

Legal Studies: CUET Mock Test - 1 - Question 30

Directions: Read the following passage carefully:

The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.

Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.

"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.

Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.

As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.

Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A husband formed and registered an agreement with his wife that he will give his earnings to her but later denied to fulfil his promise arguing that he was not getting any consideration for the same. As per the passage, is the argument by the husband legally valid?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 30

Refer to the part in the passage, 'Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc.'

Legal Studies: CUET Mock Test - 1 - Question 31

Directions: Read the following passage carefully:

The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.

Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.

"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.

Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.

As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.

Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A student was induced by his teacher to sell his brand new car to the latter at less than the market price to secure more marks in the examination. Accordingly, the car was sold. However, the father of the student persuaded him to sue his teacher. Can the student sue the teacher?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 31

The student can sue his teacher on the ground of undue influence under the provisions of Indian Contract Act, 1872. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Legal Studies: CUET Mock Test - 1 - Question 32

Indian Evidence Act came into force in

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 32

Indian Evidence Act was passed by the British Parliament in 1872 that set forth the rules of evidence admissible in Indian Courts and that had far reaching consequences for the traditional systems of caste government in India. The Act came into force on the first day of September 1872. The Indian Evidence Act framed in 1872 has been amended only once in the year 2000.

Legal Studies: CUET Mock Test - 1 - Question 33

Assertion (A): In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims.
Reason (R): In an adversarial system, cross examination is an effective way to test the credibility of the witnesses presented.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 33

In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims. The parties are assisted by their lawyers who take a pro-active role in delivering justice to the litigants. The lawyers gather evidence and even participate in cross-examination and scrutiny of evidence presented by the other disputing party. The role of the judge/decision maker is rather passive as the judge decides the claims based solely on the evidences and arguments presented by the parties and their lawyers.

Legal Studies: CUET Mock Test - 1 - Question 34

'The Lokpal and Lokayukta Act, 2013 aims to combat acts of bribery and corruption of public servants - a term that has been given a fairly wide interpretation in the Act.' As per the legislation, an enquiry of corruption can be initiated against which of the following persons?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 34

The institutions of Lokpal and Lokayukta were given formal recognition by the passing of the Lokpal and Lokayukta Act, 2013. The legislation aims to combat acts of bribery and corruption of public servants. The Act applies to the public servants in and outside India. The Act includes in its purview even the current and ex-prime ministers of India except in matters pertaining to international relations, external and internal security, public order, atomic energy and space. Besides the prime minister, it brings within its purview any person who is or has been a minister of the union and any person who is or has been a member of either house of parliament. The Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either house of parliament in respect of anything said or a vote given by him/her in parliament or any committee thereof covered under the provisions contained in Clause (2) of Article 105 of the Constitution.

Legal Studies: CUET Mock Test - 1 - Question 35

Which of the following is/are among the early human rights laws?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 35

The modern concept of human rights emerged from the Western politics and philosophy. The English legal documents of Magna Carta of 1215 and the English Bill of Rights of 1689 are some of the earliest examples of the human rights laws. The Magna Carta of 1215 was an agreement between the English King John and the barons who were unhappy about the taxation policies of the Monarch. The English Bill of Rights of 1689 was an agreement between the Parliament and the King that prevented the latter from abusing the protestants.

Legal Studies: CUET Mock Test - 1 - Question 36

When was the Convention on the Rights of the Child adopted by the UN General Assembly?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 36

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. The UN General Assembly adopted the Convention and opened it for signature on November 20, 1989 (the 30th anniversary of its Declaration of the Rights of the Child). It came into force on September 2, 1990, after it was ratified by the required number of nations.

Legal Studies: CUET Mock Test - 1 - Question 37

Directions: Arrange the following commissions in the chronological order of establishment.
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 37
  • The first Commission for Scheduled Castes and Scheduled Tribes was set up in August 1978 with Bhola Paswan Shastri as Chairman and other four members. Members of the commission include a chairman, a vice chairman and four other members. It was set up as a national level advisory body to advise the government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes.
  • The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. It was established in 31 January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act. The first head of the commission was Jayanti Patnaik.
  • The National Human Rights Commission (NHRC) of India is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. The NHRC is the National Human Rights Commission of India, responsible for the protection and promotion of human rights, defined by the Act as "Rights Relating to Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".
  • The first National Commission for Scheduled Castes was constituted in 2004 with Suraj Bhan as the chairman to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
Legal Studies: CUET Mock Test - 1 - Question 38

With reference to Pleaders, which of the given statements is incorrect?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 38

Law graduates who did not possess the additional qualification for enrolment as Vakil of the High Court and non-law graduates who could pass the pleadership examination held by the High Court were given certificates enabling them to act and plead as pleaders in the District and Subordinate Courts. The pleaders had entry into the High Court only after gaining an experience of a certain number of years as pleaders. There were different grades of pleaders as well. This class of practitioners also does not exist today in Indian courts.

Legal Studies: CUET Mock Test - 1 - Question 39

The chairman of Bar Council of India is elected from among its members, ordinarily for a period of

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 39

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 are ex-officio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own chairman and vice-chairman for a period of two years from amongst its members.

Legal Studies: CUET Mock Test - 1 - Question 40

Which is the correct statement with regard to the professional ethics of a lawyer?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 40

It is settled law that it is unprofessional as well as unbecoming for a lawyer who has accepted a brief to refuse to attend Court even in pursuance of a call for strike or boycott by the Bar Association or the Bar Council. It is settled law that Courts are under an obligation to hear and decide cases brought before them and cannot adjourn matters merely because lawyers are on strike. As an officer of the Court the lawyer is, therefore, bound to uphold the dignity and integrity of the Court; to exercise at all times respect for the Court in both words and actions; to present all matters relating to his client's case openly, being careful to avoid any attempt to exert private influence upon either the judge or the jury. Thus, 'all of the above' is the correct answer option.

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