Legal Studies: CUET Mock Test - 2 - Humanities/Arts MCQ

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.

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.

The passage states that a defendant is not liable for contact deemed offensive only due to the victim’s abnormal sensitivity, and the standard of offensiveness is based on an ordinary individual. Here, the co-worker’s touch during a fight led to hospitalization due to the man’s rare illness, not because the touch was inherently offensive or harmful to an ordinary person. No intent to cause fear (assault) or offensive contact (battery) is implied beyond the man’s sensitivity. Thus, no offence occurred (Option D).

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.

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.

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.

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.

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.

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.

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.

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.

• Intentional Tort involves deliberate actions (e.g., assault, battery).
• Negligence arises from carelessness or failure to exercise proper care.
• Strict Liability applies when harm occurs without regard to intent or negligence, often due to hazardous activities.
• Defamation is causing harm to someone's reputation through false statements.

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. By choosing arbitration, both parties opt 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.

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.

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.

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).

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.

Article 131 of the Constitution of India provides the original jurisdiction of the Supreme Court. It states as follows:
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, 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.

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 vakalatnama, 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.

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.

• Magna Carta: The 1215 document limited the powers of the King and secured rights such as legal trials.
• English Bill of Rights: A 1689 agreement that affirmed parliamentary supremacy and individual rights.
• US Declaration of Independence: A 1776 declaration asserting human rights such as life, liberty, and the pursuit of happiness.
• French Declaration of the Rights of Man and Citizen: The 1789 French declaration emphasizing liberty, equality, and fraternity.

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".

The passage states that if a work is created by an employee in the course of his or her employment, the employer owns the copyright. X, as a part-time employee of ZMY Infrastructures, created the blueprint design, presumably within the scope of employment. Thus, ZMY owns the copyright. X cannot transfer it to another company, and the other company cannot claim copyright over it. Therefore, the correct answer is B.

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.

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

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.

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.

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.

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.

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.