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Legal Studies: CUET Mock Test - 4 - CUET MCQ


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Legal Studies: CUET Mock Test - 4 - Question 1

Which of the following statements is/are true?
Statement I: The professional standards for lawyers are contained in the Bar Council of India Rules, laid down by the Bar Council of India.
Statement II: There is a universal set of rules that govern advertising by lawyers across different countries of the world.

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

The Bar Council of India was established by the parliament under the Advocates Act, 1961. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the Bar Council. Different countries across the world allow advertising by lawyers to varying degrees. The position in the USA is different from that in India, where lawyers have a right to advertise but subject to reasonable restrictions. Countries like the USA, the UK and France are more flexible with granting permission for legal ads, whereas Hong Kong, Singapore and Malaysia are moving towards progressive relaxation.
Therefore, option 1 is the answer.

Legal Studies: CUET Mock Test - 4 - Question 2

Which of the following is stated in the French Declaration?

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

In 1789, at the beginning of the French Revolution, the National Constituent Assembly of France adopted the French Declaration of the Rights of Man and of the Citizen, which, drawing upon the United States ideals of human rights, laid the foundation of human rights principles still valid in the present French Constitution. The French Declaration stated in its first two clauses: ´Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.'

Legal Studies: CUET Mock Test - 4 - Question 3

What is the three year law degree in the USA called?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 3

Law schools in the US confer the degree of Juris Doctor (J.D.), which is a professional doctorate. It is the degree usually required to practice law in the United States, and the final degree obtained by most practitioners in the field. Juris Doctor programs at law schools are usually three-year programs if done full-time, or four-year programs if done via evening classes. Some US law schools include an Accelerated JD program.

Legal Studies: CUET Mock Test - 4 - Question 4

Consider the following statements.
Statement I: The US adopted the American Declaration of Independence in 1776.
Statement II: France adopted the French Declaration of the Rights of Man and of the Citizen at the beginning of the French Revolution.

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

In 1776, when United States of America was formed as a new nation, it adopted the 1776 American Declaration of Independence which included in its preamble the human rights values. Again in 1789, at the beginning of the French Revolution, the National Constituent Assembly of France adopted the French Declaration of the Rights of Man and of the Citizen, which, drawing upon the United States ideals of human rights, laid the foundation of human rights principles still valid in the present French Constitution.

Legal Studies: CUET Mock Test - 4 - Question 5

Caveat Emptor means

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 5

Caveat emptor, in Latin means 'let the buyer beware'. In the law of commercial transactions, it refers to the principle that the buyer purchases at his own risk in the absence of an express warranty in the contract.

Legal Studies: CUET Mock Test - 4 - Question 6

The oath to a High Court Judge is administered by the

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 6

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Legal Studies: CUET Mock Test - 4 - Question 7

Consider the following statements.
Statement I: In India, there is a complete ban on advertising by lawyers.
Statement II: The USA is more flexible in comparison to India with granting permission for legal ads.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 7

In India, advertising by lawyers has been strictly restricted by the Bar Council of India. An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval from the Bar Council of India. The position in the USA is different from that in India, where lawyers have a right to advertise but subject to reasonable restrictions. Lawyers in the USA 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. Personal injury ads are commonplace in the USA. Often known as 'ambulance chasers', these personal injury lawyers are robust in their advertising - on billboards, in newspapers, on flyers, and even distasteful ads on the television.

Legal Studies: CUET Mock Test - 4 - Question 8

Assertion (A): Lok Adalats have jurisdiction to settle the matters at pre-litigation stage as well as matters pending before any court.
Reason (R): Lok Adalats consist of either serving or retired judicial officers only, and not any other person.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 8

Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court. It consists of a sitting or retired judicial officer and other persons.

Legal Studies: CUET Mock Test - 4 - Question 9

Consider the following statements.
Statement I:
Municipal law can serve as a defence to breach of International law.
Statement II: In case of dispute between International law and domestic law, International law always prevails.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 9

Municipal law cannot serve as a defence 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 - 4 - Question 10

Consider the following statements and choose the correct option.
Statement I - No person accused of any offence shall be compelled to be a witness against himself.
Statement II - Judiciary acts as a guardian of fundamental rights.

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

Clause (3) of Article 20 of the Indian Constitution, 1950 provides that 'No person accused of any offence shall be compelled to be a witness against himself'. This principle is espoused on the maxim 'nemo teneteur prodre accussare seipsum', which essentially means 'no man is bound to accuse himself'. Judiciary acts as a guardian of fundamental rights as the citizens have a right to approach the courts to seek remedy in case of any violation of their rights. In recent years, the Courts have given several judgements and directives to protect public interest and human rights.

Legal Studies: CUET Mock Test - 4 - Question 11

The retirement age of the Judges of the High Courts and the Supreme Court respectively are

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 11

Originally the age of the retirement of the Judges of the High Courts was fixed at 60, but it was raised to 62 in 1963 according to the 15th amendment of the Constitution. Supreme Court Judges retire at the age of 65.

Legal Studies: CUET Mock Test - 4 - Question 12

Which of the following is entrusted with the statutory duty of laying down the standards of professional conduct and etiquette for advocates in India?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 12

The Bar Council of India was established by Parliament under the Advocates Act, 1961. The regulatory and representative mandate of the Bar Council for the legal profession and legal education in India is reflected by its statutory functions which, among others, include to lay down standards of professional conduct and etiquette for advocates.

Legal Studies: CUET Mock Test - 4 - Question 13

"Qui facit per alium facit per se" means

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 13

Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself." It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.

Legal Studies: CUET Mock Test - 4 - Question 14

Raman entered into an agreement with Sohan to pay him a sum of Rs. 3,000 if India won the World Cup, while Sohan to pay Rs. 3,000 to Raman if India did not win the World Cup. It is a

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 14

When two parties enter into an agreement upon the condition that the first party will pay a fixed sum of money to the second party on the happening of an uncertain future event and the second party will pay the first party when the event does not happen, it is called a wagering agreement. The following are the essentials of a wagering agreement:

  • It must be dependent on an uncertain event.
  • There must be a mutual chance of gain or loss.
  • Neither of the parties must have control over the event.

It must have no other interest other than the stake.
Thus, from the above explanation, it is clear that in the given situation, the agreement between Raman and Sohan is a wagering agreement.

Legal Studies: CUET Mock Test - 4 - Question 15

The Supreme Court was set up

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 15

The Supreme Court of India came into being on 28 January, 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were at the apex of the Indian court system, under the colonial era. The Constitution of India as it stood in 1950 envisaged a Supreme Court with a Chief Justice and 7 Judges.

Legal Studies: CUET Mock Test - 4 - Question 16

Along with the Universal Declaration of Human Rights, which of the following two covenants are taken together as International Bill of Human Rights?
I. International Covenant on Civil & Political Rights
II. International Covenant on Elimination of Slavery
III. International Covenant for Promotion of Rights of Indigenous People
IV. International Covenant on Economic, Social and Cultural Rights

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 16

The Universal Declaration of Human Rights is an ideal standard held in common by nations around the world, but it bears no force of law. Thus, from 1948 to 1966, the UN Human Rights Commission's main task was to create a body of international human rights law based on the Declaration, and to establish the mechanisms needed to enforce its implementation and use. The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international laws in 1976. Together with the Universal Declaration of Human Rights, these two covenants comprise what is known as the International Bill of Human Rights. The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for all people and forbid discrimination.

Legal Studies: CUET Mock Test - 4 - Question 17

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

Principle: Property rights are not perpetual and die with the land.
Facts: Rehan purchased a piece of land in Kashmir and started a small school over there. The school had about 500 enrollments and was running smoothly. The school, however, deteriorated during a landslide and Rehan claimed enforcement of his property rights from the government.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 17

Property rights die with the land and they do not continue for an indefinite period (perpetuity). Therefore, all his rights died when the school got deteriorated during the landslide. Thus, option 1 is the correct answer.

Legal Studies: CUET Mock Test - 4 - Question 18

In which case was it held that judicial review is a basic feature of the Constitution?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 18

The landmark 1973 Supreme Court case of Kesavananda 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 amendment that destroys or harms a basic or essential feature of the Constitution, like secularism, democracy and federalism. The Supreme Court has also held judicial review to be the basic structure or feature of the Constitution; as a result, it can nullify any constitutional amendment that abolishes or disregards judicial review in issues concerning to fundamental rights of citizens.

Legal Studies: CUET Mock Test - 4 - Question 19

Consider the following statements and choose the correct code.
a. The Supreme Court has the power to issue writs.
b. The Supreme Court protects the basic structure of the Constitution.
c. The Supreme Court's power to issue writs is narrower than that of High Courts.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 19

Both the Supreme Court and High Courts have power to issue writs for the enforcement of fundamental rights under Articles 32 and 226, respectively. The High Court can issue writs for the legal rights as well, while the Supreme Court can issue only for the fundamental rights. Thus, the Supreme Court's power to issue writs is narrower than that of High Courts. The Supreme Court recognised the basic structure concept for the first time in the historic Kesavananda Bharati case in 1973. Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by Parliament.

Legal Studies: CUET Mock Test - 4 - Question 20

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.

On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court's decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.

The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.

The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:
i. Existence of a law that justifies an encroachment on privacy
ii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State action
iii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the law
Consequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.

The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.

Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.

Q. In light of the arguments advanced in the passage, which of the following can be concluded?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 20

The passage makes it clear that the privacy as a concept has been long under deliberation under Indian jurisprudence.

Legal Studies: CUET Mock Test - 4 - 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.

On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court's decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.

The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.

The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:
i. Existence of a law that justifies an encroachment on privacy
ii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State action
iii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the law
Consequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.

The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.

Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.

Q. A businessman, who was alleged to have given bribes to bank employees to avail him of credit, challenged the investigative orders that directed interception of his telephone calls on the grounds that it violated his privacy. Supreme Court held that by tapping his phone in the case of economic offences where public emergency or public safety is not under threat is the violation of the right to privacy. Is this a valid order based on the reasoning cited in the above-given passage?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 21

If power is given to the investigative agency to tape whatever phone which they want and that too at the investigative stage, then there is always a threat that all this will be done in an arbitrary manner.

Legal Studies: CUET Mock Test - 4 - 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.

On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court's decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.

The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.

The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:
i. Existence of a law that justifies an encroachment on privacy
ii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State action
iii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the law
Consequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.

The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.

Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.

Q. State of Khagoldesh made a law which confers some special rights on security forces for the purpose of investigation in the cases of treason. This law is challenged in the Supreme Court of Khagoldesh on the alleged ground that it breaches the right to privacy of the citizens guaranteed under the constitution. Decide on the basis of the reading of the passage.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 22

There is nothing given in the passage or question stem which states that violation was unjustified. So law needs to be checked first that in reality, it is justified action or not.

Legal Studies: CUET Mock Test - 4 - 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.

On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court's decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.

The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.

The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:
i. Existence of a law that justifies an encroachment on privacy
ii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State action
iii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the law
Consequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.

The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.

Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.

Q. A politician alleged that the government was illegally tapping telephones of his house and office. Subsequently, a court-monitored investigation revealed widespread wiretapping undertaken by the government without any justification. The same was challenged in the Supreme Court that it is the violation of the right to privacy. Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 23

Yes, phones are basic elements on which a citizen relies for conversing, and tapping the same without any justification seems the violation of the sacrosanct right to privacy.

Legal Studies: CUET Mock Test - 4 - 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.

On 24th August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution. In declaring that this right stems from the fundamental right to life and liberty, the Court's decision has far-reaching consequences. The task before the nine-judge bench in the present case was to settle the law once and for all. This decision has connected our privacy jurisprudence over the years with our international commitments and established our conformity with comparative laws around the world.

The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution of India.

The Supreme Court was at pains to clarify that the fundamental right to privacy is not absolute and will always be subject to reasonable restrictions. It held that the State can impose restrictions on the right to privacy to protect legitimate State interests but it can only do so by following the three-pronged test summarized below:
i. Existence of a law that justifies an encroachment on privacy
ii. A legitimate State aim or need that ensures that the nature or the content of this law falls within the zone of reasonableness and operates to guard against arbitrary State action
iii. The means adopted by the State are proportional to the objects and needs sought to be fulfilled by the law
Consequently, all State action that could have an impact on privacy will now have to be measured against this three-fold test. This is likely to have an impact on several ongoing projects including most importantly, the Aadhaar identity project.

The decision was issued in order to set at rest an unsettled position in law that had a bearing on a number of cases currently before various courts of the land. Now that this has been done, each of those cases will be decided on their merits relying on the wealth of opinions expressed in the present judgement.

Therefore, in the near future, we are likely to receive a series of judgements on a wide range of matters that have a bearing on different aspects of privacy which will offer greater clarity on the manner in which Indian courts will look at these issues.

Q. Identify the statements below which are true as per the given passage.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 24

All of the above given statements get support from the passage: "The Supreme Court confirmed that the right to privacy is a fundamental right ... It held that the State can impose restrictions on the right to privacy to protect legitimate State interests ..."

Legal Studies: CUET Mock Test - 4 - Question 25

Consider the following statements regarding the Preamble of the Indian Constitution:
a. The Preamble of the Indian Constitution is a part of the Constitution but it is not enforceable by courts.
b. The Preamble cannot be amended like other provisions of the Constitution.

Which of the given statements is/are correct?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 25

Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The hopes and aspirations of the people as well as the ideals before our nation are described in the preamble in clear words. It may be considered as the heart and soul of Constitution. The Supreme Court opined that the Preamble is an integral part of the constitution and is not enforceable. On the question whether the Preamble can be amended the Supreme Court in the landmark judgment of Kesavananda Bharati held that since the Preamble is the part of the Constitution, it can be amended but subject to the condition that the basic feature in the Preamble cannot be amended.

Legal Studies: CUET Mock Test - 4 - Question 26

Who among the following was instrumental in setting up of the first National Law School in Bangalore?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 26

The National Law School of India University is a public law school and a National Law University located in Bangalore, Karnataka. It was the first National Law University to be established in India as well as one of the first in the country to offer the five-year integrated undergraduate law degree, post graduate law degree, and doctorate law degree. Out of the given options, Professor N. R. Madhava Menon was instrumental in the setting up of the first National Law School in Bangalore.

Legal Studies: CUET Mock Test - 4 - Question 27

Assertion (A): The major advantage of an ombudsman is that he/she avoids the conflicts of interest inherent in self-policing.
Reason (R): Duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. (ADR A/R)

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 27

Ombudsman is etymologically rooted in the word umboêsmaêr, essentially meaning ´representative'.
Whether appointed by a legislature, the executive, or an organization, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing.

Legal Studies: CUET Mock Test - 4 - Question 28

Directions: Choose the correct meaning of the given term.

Donatio mortis causa

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 28

It is a Latin maxim which means 'a gift given on death bed.' The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective on death but remains revocable until that time. A gift causa mortis is not effective unless the donor dies of the impending peril that he or she had contemplated when making the gift, i.e. these gifts can only be made when the donor is in a terminal condition.

Legal Studies: CUET Mock Test - 4 - Question 29

Under criminal law, illegal gambling would fall under which category of crime?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 29

Organised crime is crime committed by structured groups typically involving the distribution of illegal goods and services to others. Organised crime is just not restricted to Mafias, but the term can refer to any group that exercises control over large illegal enterprises (such as the drug trade, illegal gambling, prostitution, weapons smuggling, or money laundering). Betting on sports, illegal sale of firearms and Hawala transactions are all examples of organised crime.

Legal Studies: CUET Mock Test - 4 - Question 30

Directions: Choose the correct meaning of the given term.

Ex turpi causa non oritur actio

Legal Studies: CUET Mock Test - 4 - Question 31

Which of the following is/are not the function(s) of the State authority?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 31

The state authority is responsible for giving effect to the policy and directions of the Central Authority.
The state authority shall perform all or any of the following functions, namely-
(a) Give legal service to persons who satisfy the criteria laid down under this Act,
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases,
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the state authority may in consultation with the central authority, fix by regulations.
Co-ordinating the activities of the Taluk Legal Services Committee and other legal services is the function of the district authority.

Legal Studies: CUET Mock Test - 4 - Question 32

Which form of Alternative Dispute Resolution is most suitable for resolving family disputes?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 32

Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised on the voluntary will of the parties and is a flexible and informal technique of dispute resolution. Under the Indian law, contractual dispute (including money claims), similar disputes arising from strained relationships (from matrimonial to partnership), disputes which need a continuity of relationship (neighbour's easement rights) and consumer disputes, have been held to be most suited for mediation.

Legal Studies: CUET Mock Test - 4 - Question 33

What is/are the aim(s) of UNESCO?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 33

Formed in 1945, UNESCO was set up to promote coordination between members, keeping in mind the fact that mere economic and political arrangements are not enough to ensure growth and stability in member states. By promoting culture, preserving the heritage, sharing knowledge and understanding that are beneficial for the whole of mankind, UNESCO aims to aid sustainable development and foster greater cooperation between nations.

Legal Studies: CUET Mock Test - 4 - Question 34

Which of the following statements is/are correct?
Statement I: The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts.
Statement II: Inquiry into the grounds for removal of judges is done by a committee of three members.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 34

Judges of the Supreme Court and the High Courts can be removed through a process called 'impeachment'. The process for removal of the judges is exactly the same for both the Supreme Court and the High Courts. This has been stated explicitly in the Constitution of India.
As a part of the process of impeachment, an inquiry is made into the grounds of removal of the judges. The grounds for removal include: (i) proven misbehaviour or (ii) incapacity. The inquiry into these grounds is made under the Judges Inquiry Act, 1986. This inquiry is done by a committee of three members, of which two are judges - one from the Supreme Court and second is the Chief Justice of High Court. If the complaint is against the high court judge, then two judges from the Supreme Court constitute this Committee.

Legal Studies: CUET Mock Test - 4 - Question 35

Which of the following statements is/are correct?
Statement I -
Personal injury lawyers are known as 'ambulance chasers'.
Statement II - Personal injury lawyers solicit business by lurking around hospitals or by ads in newspapers and "free" consultations.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 35

Personal injury ads are commonplace in the USA. Often known as 'ambulance chasers', these personal injury lawyers are robust in their advertising- on billboards, newspapers, flyers, and even distasteful ads on the television. However, ambulance chasing is not representative of professional practice in India, since these class of lawyers are the sort who solicit business by lurking around hospitals or by ads in newspapers and in Yellow Pages with toll free numbers and "free" consultations.

Legal Studies: CUET Mock Test - 4 - Question 36

The members of the Taluk Legal Services Committee are prescribed by the:

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 36

The State Authority constitutes the Taluk Legal Services Committee (TLSC) for every taluk or mandal. The TLSC consists of - senior most Judicial Officer as the ex-officio Chairman, and other members prescribed by the State Government in consultation with the Chief Justice of High Court. The TLSC is responsible for organizing Lok Adalats within the taluk. It coordinates the activities of legal services in the taluk. It performs other functions as assigned by District Authority.

Legal Studies: CUET Mock Test - 4 - Question 37

Match the following.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 37

The Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer (CVO)) for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. A Lokpal (caretaker of people) is an ombudsman in India. The Lokayukta (appointed by the people) is a similar anti-corruption ombudsman organization in the Indian states. The institutions of Lokpal and Lokayukta were given formal recognition by the passing of The Lokpal and Lokayukta Act, 2013. The legislation aims to combat acts of bribery and corruption of public-servants. The Act applies to the public servants in and outside India.

Legal Studies: CUET Mock Test - 4 - Question 38

Mediation is not _________.

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 38

Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. The Supreme Court of India in its judicial decision has expressly clarified the ambit of mediation. Representative suits, election disputes, criminal offenses, case against specific classes of persons (minors, mentally challenged) have been excluded from the scope of mediation. Therefore, option 3 is the answer.

Legal Studies: CUET Mock Test - 4 - Question 39

Prajapati was accused of theft and a criminal action was initiated against him. While the trial was pending in the court, Prajapati approached the prosecution and tried to negotiate the matter. He agreed to plead guilty in return for a lesser punishment. Choose the correct option with respect to the above arrangement:

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 39

The given case is an example of plea bargaining. Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.

Legal Studies: CUET Mock Test - 4 - Question 40

Which of the following was not a specialised tribunal in the Vedic age in India?

Detailed Solution for Legal Studies: CUET Mock Test - 4 - Question 40

The Vedic age in India, witnessed the flourishing of specialised tribunals such as Kula (for disputes of family, community, tribe, castes, races), Shreni (for internal disputes in business, corporation of artisans) and Puga (for association of traders/commerce branches). In these institutions, interest-based negotiations dominated with a neutral third party seeking to identify the underlying needs and concerns of the parties in dispute. Similarly, People's courts· or Panchayat continued to be at the centre of dispute resolution in villages. Therefore, option 3 is the answer.

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