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Legal Studies: CUET Mock Test - 10 - CUET MCQ


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40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 10

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Legal Studies: CUET Mock Test - 10 - Question 1

Which of the following is/are the requirement(s) for an acceptance?

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

Following are the requirements for an acceptance:

  • Must necessarily be by the person to whom the offer was made
  • Must be in the form prescribed by the offeror
  • Must be a conscious response to the offer
  • Must be unqualified (It must be a complete and unequivocal assent to every element of the offer)
Legal Studies: CUET Mock Test - 10 - Question 2

The display of articles in a showroom, indicating their prices, amounts to

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 2

The display of articles in a showroom, indicating their prices, amounts to invitation to an offer. The purpose of displaying the articles is to invite people to make an offer. An invitation to offer is not an offer but an indication of a person's willingness to negotiate a contract.

Legal Studies: CUET Mock Test - 10 - Question 3

Ordinarily, passive concealment or mere silence is no fraud, but it may become deceptive in certain cases. In which of the following cases does it amount to fraud?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 3

Explanation to Section 17 of the Indian Contract Act clearly states that mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech.
Thus, option 3 is the answer.

Legal Studies: CUET Mock Test - 10 - Question 4

Which of the following best depicts Nudum Pactum?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 4

Consideration is a benefit to each party that has entered into a contract. A nudum pactum may be in verbal or written form. These agreements have no legal action, since they are naked contracts, i.e. without consideration. This means that the agreements do not fall within the specific categories of agreements that can provoke legal action. However, an agreement may create a modification of or exception to an obligation already in effect.

Legal Studies: CUET Mock Test - 10 - Question 5

Directions: The question consists of two statements, one labelled as Principle and the other as Facts. You are to examine the Principle and apply it to the given Facts carefully, and select the best option.

Principle: A contract entered into by the use of misrepresentation is voidable at the option of the other party.
Facts: Robert, with an intention to deceive Daniel falsely, stated that his car gives a mileage of 20 km/hr. In reality, the car gives only a mileage of 10 km/hr. Daniel gets induced and agrees to buy the car.
Q. Is it a valid contract?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 5

In the given situation, Robert has misrepresented the mileage of the car to induce Daniel into buying the car. Thus, the contract is voidable at the option of Daniel due to misrepresentation of Robert. Section 18 of the Indian Contract Act, 1872 deals with this situation. The valid contracts are all those contracts when all parties agree to the agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged, such as cash, services or goods (or a promise to exchange such an item) for something else of value.

Legal Studies: CUET Mock Test - 10 - Question 6

A person aged 17 years and 11 months made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years. The contract is:

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 6

The agreement with a minor during his period of minority is void ab initio. Also, a promise by a minor to bind himself, on a contract entered during his minority, on attaining majority does not hold good as a minor's agreement cannot be ratified by him on attaining majority.
Therefore, a person aged 17 years and 11 months who made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years is void ab initio.
Hence, option 3 is correct.

Legal Studies: CUET Mock Test - 10 - Question 7

Directions: The question consists of two statements, one labelled as Principle and the other as Facts. You are to examine the Principle and apply it to the given Facts carefully, and select the best option.

Principle: Any contract made for an unlawful consideration is void in law.
Facts: Tarun contracts with Sohan to kidnap a child from their locality for ransom money of Rs. 1 crores. Tarun agrees to pay the entire amount to Sohan in return of the kidnapping of child.

Q. Is it a valid contract?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 7

In the present case, the contract is void as the consideration of the same i.e. kidnapping of child is unlawful. No obligations arise out of a void contract. Section 24 of the Indian Contract Act, 1872 states that a contract, whose object or consideration is unlawful, is void. The valid contracts are all those contracts when all parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged - such as cash, services or goods (or a promise to exchange such an item) - for something else of value.

Legal Studies: CUET Mock Test - 10 - Question 8

______ means substitution of old contract by a new one.

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 8

Novation means substitution of new contract in place of an old one.
Alteration means changing one or more terms of the contract.

Legal Studies: CUET Mock Test - 10 - Question 9

Fiduciary relationships are relationships based on

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 9

Fiduciary relationship is a relationship in which one party places in special trust, confidence, and reliance and is influenced by another who has a fiduciary duty to act for the benefit of the party.
A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.

Legal Studies: CUET Mock Test - 10 - Question 10

Which of the following is correct?

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

Promise can be made for the past consideration, present consideration and future consideration.

Legal Studies: CUET Mock Test - 10 - Question 11

Directions: Read the following information carefully and choose the best conclusion from the options.

Article 21 lays down that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The procedure required by Article 21 is to be fulfilled before a person is deprived of his life and personal liberty.

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 11

Meaning of procedure established by law grew slowly by Supreme Court, specially in the interpretation of Article 21. With the observation of Maneka Gandhi v. Union of India 1978, Kartar Singh v. State of Punjab 1994, Jolly George Varghese v. Bank of Cochin 1980, Francis Coralie v. Delhi 1981, etc. cases, now it is established that for the deprivation of a person's life and personal liberty, Article 21 is required to fulfil all the mentioned conditions.

Legal Studies: CUET Mock Test - 10 - Question 12

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of ___________ and this has been overruled in the case of _________

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 12

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of Berubari Union and this has been overruled in the case of Kesavananda Bharati. Berubari case overlooked the motion adopted by the Constituent Assembly which stated that the Preamble stands as a part of the Constitution. The error came to be corrected in Kesavananda Bharati case where the majority of the Judges specifically ruled that the Preamble was as much a part of the Constitution as any other provision therein.
So, option 1 is the correct answer.

Legal Studies: CUET Mock Test - 10 - Question 13

Directions: The following question consists of two statements, one labelled as Assertion (A) and the other as Reason (R). You are to examine these two statements carefully and select the correct option accordingly.

Assertion (A): India is a secular country, and there is no official religion in India.
Reason (R): Secularism means separation of religion from politics.

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 13

Secularism in India means equal treatment of all religions by the State. According to the Indian Constitution, there is no official religion of India, but it treats all religions equally. There should be equal freedom of religion to all persons, and no one shall be criminalised or favoured based on religion. However, the statement given under (R), i.e. 'Secularism means separation of religion from politics', is the western concept. But, instead of separating religion from politics, the Indian Constitution emphasises more on the equality of religions. Therefore, (R) is wrong.

Legal Studies: CUET Mock Test - 10 - Question 14

The Constitution (Eighty-ninth Amendment) Act, 2003 added Article 338A that provides for the creation of _________ for Scheduled Tribes.

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 14

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

Legal Studies: CUET Mock Test - 10 - Question 15

'Equality before law' is a fundamental right enshrined in

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 15

Article 14 of the Constitution of India provides for equality before the law and equal protection within the territory of India and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them. Further, Article 13 talks about the laws inconsistent with or in derogation of the Fundamental Rights. Article 16 talks about equality of opportunity in matters of public employment. Article 19 talks about protection of certain rights regarding the freedom of speech, etc.

Legal Studies: CUET Mock Test - 10 - Question 16

Which Article under the Constitution of India talks about the participation of workers in the management of industries?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 16

Article 43A of the Constitution of India deals with participation of workers in the management of industries and falls under Part IV - Directive Principles of State Policy.
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

Legal Studies: CUET Mock Test - 10 - Question 17

The implication of secularism in the Indian Constitution is

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 17

The Preamble to the Constitution of India declares that India is a secular country. The term secularism refers to the governmental practice of indifference towards religion. Secular politics attempt to prevent religious philosophies or bodies from influencing governmental policies. The philosophy that the Indian constitution upholds is a kind of secular humanism made relevant through a historical development of the ideology within the context of religious pluralism in India.

Legal Studies: CUET Mock Test - 10 - Question 18

The significant distinction between Fundamental Rights and Directive Principles is that

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 18

The distinction between DPSP and Fundamental Rights is that the Fundamental Rights can be enforced in the Court of Law, i.e. in case if the right is infringed we can approach the courts to enforce it. However, DPSP are not enforceable.

Legal Studies: CUET Mock Test - 10 - Question 19

Rights under Article 19 of the Constitution are available to

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 19

Rights under Article 19 of the Constitution are available to citizens only and it reads as all citizens shall have the right to freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, to practise any profession, or to carry on any occupation, trade or business.
These all right are available to all citizens.

Legal Studies: CUET Mock Test - 10 - Question 20

Which of the following fundamental rights was considered to be the heart and soul of the Constitution of India?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 20

B. R. Ambedkar called 'Article 32' of the Indian Constitution, i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

Legal Studies: CUET Mock Test - 10 - Question 21

Droit administratif is known as the administrative law of

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 21

French administrative law is known as Droit Administratif, which means a body of rules which determines the organization, powers and duties of public administration and regulates the relation of the administration with the citizen of the country.

Legal Studies: CUET Mock Test - 10 - Question 22

Which of the following statements is correct?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 22

Both constitutional law and administrative law are parts of the public law which shows that constitutional law is the mother of administrative law and it cannot be totally separated from each other. Administrative law is subordinate to constitutional law. While the constitution touches all branches of law and deals with general principles relating to the organization and power of the various organs of the state, administrative law only deals with the powers and functions of the administrative authorities.

Legal Studies: CUET Mock Test - 10 - Question 23

Administrative law is the law relating to the powers and procedures of

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 23

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law as a law is limited to concerning powers and procedures of administrative agencies. It is limited to the powers of adjudication or rule-making power of the authorities.

Legal Studies: CUET Mock Test - 10 - Question 24

'Rule of law' means
(i) supremacy of judiciary
(ii) supremacy of law
(iii) equality before law
(iv) supremacy of parliament

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 24

The meaning of rule of law, is that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank. Thus, option 4 is the correct answer.

Legal Studies: CUET Mock Test - 10 - Question 25

The non-delegation stands for the proposition that the Parliament cannot delegate

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 25

The non-delegation doctrine is a principle in administrative law that Parliament cannot delegate its legislative powers to other entities. This prohibition typically involves Parliament delegating its powers to administrative agencies or to private organisations.

Legal Studies: CUET Mock Test - 10 - Question 26

Which of the following cannot be delegated by the legislature to the executive?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 26

The legislature cannot delegate essential legislative functions, which consists of the determination or choosing of the legislative policy and of formally enacting that policy into a binding rule of conduct. Thus, the legislature cannot delegate power to repeal a law, power to impose a tax or power of exemption to the executive, as they are essential legislative functions.

Legal Studies: CUET Mock Test - 10 - Question 27

Who criticised the Droit system as being a system where no justice was possible?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 27

Prof. A.V. Dicey denounced the Droit system of administration as being a system where no justice was possible, while in theory Dicey's renunciation appeared reasonable. In practice it is often rightly pointed out that this system of justice was far more efficient than its contemporary common law systems.

Legal Studies: CUET Mock Test - 10 - Question 28

Which of the following statements is/are true?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 28

The nature of administrative law is not rigid and streamlined and the general principles are well-settled but their application depends necessarily on the totality of the circumstances and facts.

Legal Studies: CUET Mock Test - 10 - Question 29

Which of the following is/are component(s) of natural justice?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 29

Natural justice is identified with the two constituents of a fair hearing, which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side").

Legal Studies: CUET Mock Test - 10 - Question 30

Which of the following is/are type(s) of administrative action?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 30
  • Administrative action can be of four types:Administrative Legislative Action - Administrative legislative action includes rule-making action as well as delegated legislation.
  • Quasi-judicial action or administrative adjudicatory action - In these cases, the administration performs functions which can be put under the judicial domain as there is some adjudication on legal rights of the individuals involved in the matter.
  • Simply Administrative Action - Of all the actions undertaken by administrative authorities, other than the two types of actions mentioned before, the rest are called 'Administrative Actions' which essentially deal with execution of crucial administrative decisions. Ministerial Action - In administrative action, discretion power is given to the administrative authority (that is, the authority has the right to exercise his/her own understanding and discretion in dealing with the matter) but in those actions which are copybook action and no discretion is vested with the authority (that is there is only one way of performing that action), such action will be called purely administrative action or ministerial action.
Legal Studies: CUET Mock Test - 10 - Question 31

Which of the following bodies helps in facilitating International Trade and Investment?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 31

The United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment. Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of International Trade Law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.

Legal Studies: CUET Mock Test - 10 - Question 32

Where was the Universal Declaration of Human Rights adopted?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 32

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France.

Legal Studies: CUET Mock Test - 10 - Question 33

How many sources of international law have been listed in Article 38(1) of the statute of International Court of Justice?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 33

Article 38(1) of the Statute of the International Court of Justice (ICJ) lists four sources of international law: treaties and conventions, custom, general principles of law, and judicial decisions and teachings.

Legal Studies: CUET Mock Test - 10 - Question 34

To convert a final draft into a binding treaty, final text has to be adopted by:

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 34

A treaty refers to legally binding, written agreements, in which states agree to act in a particular manner as specified in the agreement. Treaties may be drafted between states by their leaders or government departments depending on the circumstances. However, there are a number of stages that are involved in order to convert a final draft into a binding treaty. The final text has to be 'adopted' in an international conference by way of two-thirds majority.

Legal Studies: CUET Mock Test - 10 - Question 35

Which of the following organizations preceded the United Nations Organization?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 35

The predecessor of the United Nations was the League of Nations, established in 1919, after World War I, under the Treaty of Versailles "to promote international cooperation and to achieve peace and security."

Legal Studies: CUET Mock Test - 10 - Question 36

Who is called 'The Father of International Law'?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 36

Hugo Grotius is popularly known as 'The Father of International Law'. He introduced the concept of reasoning in international law, that is to say, he based international law on the principles governing natural law (based on reason).

Legal Studies: CUET Mock Test - 10 - Question 37

The Commission on Human Rights was replaced in 2006 by:

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 37

In the early 21st century, the Commission on Human Rights came to be viewed as ineffective, in part because its membership included countries with poor human rights records. It therefore was replaced by the UN Human Rights Council in 2006.

Legal Studies: CUET Mock Test - 10 - Question 38

Which of the following UN organs can take enforcement action in case of a threat to peace or breach of peace?

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 38

Article 39 of Charter of United Nations:
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Legal Studies: CUET Mock Test - 10 - Question 39

'Monism' denotes that International Law and State Law

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 39

'Monism' denotes that International Law and State Law are the concomitant aspects of one system. Monism holds that International Law and Domestic Law form part of a single universal legal system. Thus, option 3 is the correct answer.

Legal Studies: CUET Mock Test - 10 - Question 40

International law is a weak law because

Detailed Solution for Legal Studies: CUET Mock Test - 10 - Question 40

International Law is said to be "a weak law."
Following are some of the weaknesses of International law.
(1) The greatest shortcoming of international law is that it lacks an effective executive authority to enforce its rules.
(2) It lacks an effective legislative machinery. Therefore, it is not enforceable as such, it is not a law but a positive morality.

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