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Legal Studies: CUET Mock Test - 2 - CUET MCQ


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40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 2

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Legal Studies: CUET Mock Test - 2 - Question 1

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

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

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

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

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

Q. A shoots B with a gun. B is taken to the hospital. B remains critical for a couple of days but after that, he recovers. What offences have A committed?

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

As per the passage, if the perpetrator's actions could have caused death, the defendant will face a charge of attempted murder and manslaughter.
Hence, the given case if that of attempted murder and manslaughter.

Legal Studies: CUET Mock Test - 2 - Question 2

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

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

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

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

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

Q. A man has a reputation of being a mean and violent drunk person. While walking down a street, he approached a woman. Can it be called an assault if the woman was intimidated by this act?

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

On the careful reading of the passage, an assault is typically defined as an intentional act that puts another individual in the apprehension of immediate harm.
Here, the intention was missing; hence, the above mentioned case won't be an assault.

Legal Studies: CUET Mock Test - 2 - Question 3

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

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

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

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

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

Q. A man was very sensitive to touching as he suffered from an extremely rare illness. One day, he was caught up in a fight with his co-worker and the co-worker just touched him; as a consequence of which he ended in the hospital. As per the passage, decide.

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 3

In the passage it has been clearly stated that where a man is not an ordinary individual, then the standard of offensiveness is determined from the perspective of an ordinary individual.
Here, the man being over sensitive does not make the co-worker liable for any offence. Although (2) is a possible option, nothing can be said about the intention of the co-worker from the problem.

Legal Studies: CUET Mock Test - 2 - Question 4

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

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 4

Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Intention is an important element of battery.
Here, intention was missing as it was a mere accident owing to the crowded place. So, it is not a case of battery.

Legal Studies: CUET Mock Test - 2 - Question 5

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

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 5

It must be noted that assault comes before battery. But when we read the passage, it can be understood that when battery is committed in a grave manner, such form of battery is called aggravated battery.
Here, A's hitting B with an iron rod led to B's fractured leg. Thus, A is liable for aggravated battery.

Legal Studies: CUET Mock Test - 2 - Question 6

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 6

The International Court of Justice ('ICJ') is termed as the main judicial branch of the United Nations. The court may have jurisdiction to decide cases in which the parties agree to appear before the court, on their own behest, and agree to be bound by the decision of the ICJ. The court may also be a forum if provided for in a treaty between parties and in certain cases it is compulsory to refer to the court with regard to certain disputes. The court may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to countries. These are not binding but are merely referrals to the ICJ to understand the point of law on the matter. The ICJ is thus, one of the primary sources of dispute resolution available with regard to international disputes when parties are agreeable to settle them on their own accord.

Legal Studies: CUET Mock Test - 2 - Question 7

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 7

An advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, and not to suppress material or evidence. An advocate has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made. Breach of these rules and standards of conduct lead to disciplinary action against the advocate which may result in his suspension or debarment.

Legal Studies: CUET Mock Test - 2 - Question 8

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

Statements:

  1. Attorney General is appointed in India for the period which the President feels suitable.
  2. Article 76 of the Constitution gives a right to the Attorney General of India to speak in both the houses of the Parliament.
  3. The person who is appointed as Attorney General of India should be a distinguished jurist.
Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 8

Article 76 and 78 deals with the Attorney General of India. The Attorney General of India is the highest law officer of the country. He is responsible to assist the government in all its legal matters. The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. The Attorney General can speak at both the houses of the Parliament despite not being a member of any of the Houses of the Parliament.
Thus, only statement 3 is false.

Legal Studies: CUET Mock Test - 2 - Question 9

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 9

The State Authority may constitute a committee, to be called the Taluk Legal Services Committee, for each taluk or mandal or for a group of taluk or mandals. The Committee shall consist of the senior civil judge operating within the jurisdiction of the committee as an ex-officio chairman and such number of other members as may be prescribed by the State Government, to be nominated by that government in consultation with the Chief Justice of the High Court.

Legal Studies: CUET Mock Test - 2 - Question 10

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

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

The Advocates Act recognizes only one class of practitioners, that is, Advocates. In 1977, the provisions relating to dual system (Advocates and Attorneys) in the Bombay and Calcutta High Courts were deleted.

Legal Studies: CUET Mock Test - 2 - Question 11

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 11

An Advocate has a duty to act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. In addition, being an office of the Court, an Advocate is expected to uphold and maintain the values of the profession. Furthermore, an Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.

Legal Studies: CUET Mock Test - 2 - Question 12

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 12

Arbitration is a process when a dispute is submitted, by agreement of the parties, to one or more arbitrators who will make a binding decision on the dispute. While choosing arbitration, both parties deal for a private dispute resolution procedure instead of going to court. So, this will be the most suited alternative dispute resolution mechanism that can protect the trade secrets while resolving the dispute.

Legal Studies: CUET Mock Test - 2 - Question 13

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 13

The correct answer is the Supreme Court and the ​High Courts. A writ is an order issued by the courts for the enforcement of fundamental rights. In India, only the Supreme Court and the High Courts have the power to issue the writs. Supreme Court issues writs under Article 32 of the Indian constitution. The High Courts can issue writs under article 226 of the Indian Constitution.

Legal Studies: CUET Mock Test - 2 - Question 14

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 14

A treaty refers to legally binding written agreements in which states agree to act in a particular manner as specified in the agreement. Treaties are often complex documents, particularly with regards to those involving more than two parties as they are binding upon them and are to be entered into, in good faith. Agreements which are between different nations, but without the intention of creating binding obligations, are not considered treaties, however they may have political effects. A treaty need not be one consolidated document, but may consist of more than one related documents.

Legal Studies: CUET Mock Test - 2 - Question 15

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 15

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. Minorities' human rights are enshrined in the Constitution as well as other laws enacted by Parliament and the State Legislatures. The minorities here are referred to religious minorities of Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians (Parsis).

Legal Studies: CUET Mock Test - 2 - Question 16

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 16

The functions of the NHRC are:

  1. Investigation and inquiry in case of human rights violation
  2. Special protection of rights of the marginalized
  3. Arbitrating court proceedings
  4. Ensures provision of Human Rights to prisoners as well
  5. Inspection of prisons

Further, the Commission has the powers of a civil court and in conducting an inquiry or investigation it can utilize various powers including the following:

  • summon and enforce the attendance of witnesses and examine them on oath;
  • ask for production of any document before itself;
  • receive evidence on affidavits;
  • request public record from any court or office; and
  • examine witnesses or documents.
Legal Studies: CUET Mock Test - 2 - Question 17

Original jurisdiction of the Supreme Court is dealt under:

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 17

Article 131 of the Constitution of India provides the original jurisdiction of the Supreme Court. It states as following:
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

Legal Studies: CUET Mock Test - 2 - Question 18

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 18

Rakesh is a senior advocate. 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, cannot appear in the Court without another advocate or advocate-on record, and cannot directly accept an engagement to appear in a case or draft pleadings. A Senior Advocate argues cases in court upon instructions from another advocate. Senior Advocates wear gowns that have flaps on the shoulders.

Legal Studies: CUET Mock Test - 2 - Question 19

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 19

Different countries across the world allow advertising by lawyers to varying degrees. Lawyers in the US can provide information about class actions, can approach clients by handing out business cards and can advertise on internet forums. For class actions, solicitation through referrals is permissible, newspaper and magazine ads and even mass emails are permitted as long as they are not misleading, and no financial incentive is promised.

Legal Studies: CUET Mock Test - 2 - Question 20

Hammurabi was the King of

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 20

Hammurabi, the King of Babylon stated the real problem of social engineering when he announced his purpose in promulgating the code which he set up in the early years of the 20th century B.C. That purpose was "to establish justice on the earth, and to hold back the strong from oppressing the weak".

Legal Studies: CUET Mock Test - 2 - Question 21

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 21

It has been stated in the passage that if a work is created by an employee in the course of his or her employment, the employer owns the copyright.

Legal Studies: CUET Mock Test - 2 - Question 22

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 22

On the careful reading of the passage, in contract of work for hire, the contract needs to be written and not oral. Hence, the copyright will remain with Y.

Legal Studies: CUET Mock Test - 2 - Question 23

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 23

Only option 2 can be inferred from the passage and nothing else. Authorship is not transferable and the copyright is.

Legal Studies: CUET Mock Test - 2 - Question 24

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 24

As stated, when two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners.
Here, since the work was not intended to be one work, this cannot be a joint copyright.

Legal Studies: CUET Mock Test - 2 - Question 25

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

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

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

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

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 25

As stated in the passage, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them. In this case, the copyright owners have shared the profits equally.

Legal Studies: CUET Mock Test - 2 - Question 26

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 26

Article 13(2) limits Parliament's amending authority in matters of fundamental rights. In order to overcome this restriction, in 1971, the Parliament adopted the 24th Amendment to the Constitution altering Articles 13 and 368 in a way that allowed itself with unlimited powers of amendments including authority to amend the fundamental rights provisions. But, the landmark 1973 Supreme Court case of Keshavanda Bharati v. State of Kerala discussed the question about the unlimited constitutional amendment powers of the Parliament and established the doctrine of the basic structure or feature of the Constitution. This doctrine invalidates any constitutional amendments that destroy or harm a basic or essential feature of the Constitution, like secularism, democracy, and federalism.

Legal Studies: CUET Mock Test - 2 - Question 27

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 27

The interplay between municipal and international law is complex. Municipal law cannot serve as a defense to a breach of international law, i.e. you cannot use a domestic law to justify the breach of an international one. Neither can one say that their consent to a treaty has been invalidated by way of a change of its municipal law. The provisions of international law are often used to supplement various propositions of the domestic law when they are both concurrent with each other. However, whenever there is a dispute between international and domestic law, supremacy of either depends mainly on the forum, i.e. where the case is being contested. International forums generally give preference to treaty law and other international sources whereas domestic forums give preference to statutes of the jurisdiction.

Legal Studies: CUET Mock Test - 2 - Question 28

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 28

At a federal level, the American Bar Association acts as a voluntary professional body for US lawyers. With over 400,000 members, it is the largest voluntary professional body in the world and has a significant international profile. Members of the legal profession in other countries can become international associates of the ABA. Founded in 1878, the ABA supports the legal profession with practical resources for legal professionals while improving the administration of justice, accrediting law schools, establishing model ethical codes, and more.

Legal Studies: CUET Mock Test - 2 - Question 29

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 29

There are 17 National Law Schools in India. Out of these, 14 schools 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 School University, Delhi conducts a separate entrance test called the AILET- All India Law Entrance Test, while a number of others law schools in India have adopted the Law School Admission Test (LSAT) conducted by the Law School Admission Council (LSAC), USA. Some other institutions conduct their own separate entrance tests.

Legal Studies: CUET Mock Test - 2 - Question 30

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

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 30

According to the Latin maxim Nemo Dat Quod Non Habet, which means that no one can transfer a better title than he himself has, only the owner of the goods can pass the lawful ownership or title of goods to the buyer.

Legal Studies: CUET Mock Test - 2 - Question 31

Which of the following judicial decisions provides for cases that cannot be referred to Alternative Dispute Resolution process?

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 31

Alternative Dispute Resolution (ADR) system refers to the use of non-adversarial techniques of adjudication of legal disputes. The Supreme Court of India in its judicial decision has expressly clarified the ambit of mediation. According to Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., representative suits, election disputes, criminal offenses, case against specific classes of persons (minors, mentally challenged) have been excluded from the scope of mediation.

Legal Studies: CUET Mock Test - 2 - Question 32

Assertion (A): The complaint mechanism procedure with the National Human Rights Commission is easy and straight forward.
Reason (R): Any one aggrieved of human rights violation or their representatives can lodge a complaint with the National Human Rights Commission.

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 32

National Human Rights Commission is an independent institution with powers and functions to promote and protect human rights. The complaint mechanism procedure with the National Human Rights Commission is easy and straight forward. Any one aggrieved of human rights violation or their representatives can lodge a complaint with the Commission in any language. The complaint can be filed online at www.nhrc.nic.in or by paper petition using the complaint format provided on the website. The complaint can be sent either by Post or Fax or through E-mail. There if no fee for filing a complaint.

Legal Studies: CUET Mock Test - 2 - Question 33

Who among the following is the ex-officio member of the State Bar Council?

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 33

The Advocates 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 - 2 - Question 34

Which of the following statements is/are incorrect?
Statement I - International laws regulate the private, social, commercial and other activities of the individuals.
Statement II - International law governs the conduct of the citizens of a state.

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 34

Every state has its own respective laws (domestic laws) which regulate the conduct of its citizens. These laws regulate the private, social, commercial and other activities of the individuals. These internal laws also help in regulating the conduct and affairs of the state machinery. International law is a framework of rules and principles binding the relations between states and governing their conduct amongst themselves.

Legal Studies: CUET Mock Test - 2 - Question 35

The qualifying exam for being an Advocate on Record (AOR) can be taken by an advocate who has been enrolled with a Bar Council for at least:

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 35

An Advocate on Record (AOR) is an advocate who has passed a qualifying examination conducted by the Supreme Court. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one year training with an AOR of not less than five years standing. Only an AOR can file a vakalath, a petition, an affidavit or any other application on behalf of a party in the Supreme Court. All the procedural aspects of a case are dealt with by the AOR, with the assistance of a registered clerk. It is the AOR's name that appears on the cause list. The AOR is held accountable, by the Supreme Court, for the conduct of the case. Any notice and correspondence from the Supreme Court are sent to the AOR, and not to the party.

Legal Studies: CUET Mock Test - 2 - Question 36

Which of the following commissions are statutory bodies?

  1. National Commission for Schedule class
  2. National Commission for Women
  3. National Commission for Minorities
  4. National Commission for Backward Classes
  5. National Human Rights Commission
Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 36

National Commission for Schedule Caste is a constitutional body, all others are statutory bodies i.e. established by acts of the Parliament.

Legal Studies: CUET Mock Test - 2 - Question 37

Match the following articles with their provisions.

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 37

Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).
Article 39(b) states that the state shall, in particular, direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Article 42 states that the state shall make provision for securing just and humane conditions of work and for maternity relief.
Article 48 of the Constitution of India is one of the Directive Principles which directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle.
Article 50 provides that the state shall take steps to separate the judiciary from the executive in the public services of the state.

Legal Studies: CUET Mock Test - 2 - Question 38

Which of the following judges was impeached for misappropriation of funds?

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 38

In the history of Indian judiciary, the impeachment process has been successful only once. Justice Soumitra Sen, the Chief Justice of Calcutta High Court was impeached in 2011 for misappropriation of funds. Previously in 1991, the impeachment process was initiated against Justice V. Ramaswamy, Chief Justice of Punjab and Haryana High Court but did not succeed on falling short of the two-thirds voting criteria.

Legal Studies: CUET Mock Test - 2 - Question 39

In Rome, the term 'vodimonium' stands for:

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 39

Under the peculiar procedure before the praetor at Rome, costs took the form of vodimonium, security for appearance by the defendant, and the sacramentum which was in the form of a wager laid by each party, but in substance security to abide by the judgment of the court.

Legal Studies: CUET Mock Test - 2 - Question 40

Which Committee suggested to increase the retirement age of Supreme Court judges from 65 to 68 years?

Detailed Solution for Legal Studies: CUET Mock Test - 2 - Question 40

The Venkatachalliah Committee, formed to review the working of the Constitution (2000), suggested to increase the retirement age of Supreme Court judges from 65 to 68. These proposals have been made in the light of global comparative standards, followed to determine the retirement age for the judges. For instance, there is no retirement age for Supreme Court judges in the United States. The Supreme Court of Canada has fixed the retirement age of their judges as 75. Similarly, in the UK Supreme Court, the retirement age is 75, while the Constitutional Court of South-Africa follows the age of 70 or after 12 years of the service of the judge.

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