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Legal Studies: CUET Mock Test - 5 - CUET MCQ


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Legal Studies: CUET Mock Test - 5 - Question 1

Directions: Read the following passage carefully:

Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.

One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.

Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.

Q. Tia, Soham's wedding planner went to Soham's office to discuss his wedding plans. Since Soham was not in his office, Tia waited in his cabin. Tia had few card designs and few samples of return gift with her. When Soham didn't turn up, Tia collected all the samples and cards and took along with her. As she was collecting the sample return gifts, Tia also took a stone resembling a return gift from his table. Since the stone happened to be a valuable one, Soham filed a complaint and it was traced in Tia's office.

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

Tia did not commit theft because she did not have dishonest intention.
Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

Legal Studies: CUET Mock Test - 5 - Question 2

Directions: Read the following passage carefully:

Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.

One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.

Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.

Q. Kabir owed some money to Sia. Sia removed his horse, which was grazing by the side of a river, and kept it tied in her own farm. When Kabir asked her to release the horse, Sia told him that she would do so when the money was paid to her. Kabir filed a case against Sia.

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

Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

Legal Studies: CUET Mock Test - 5 - Question 3

Directions: Read the following passage carefully:

Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.

One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.

Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.

Q. Ajay handed over his mother's jewellery to his girlfriend, Jaya, for safekeeping. His girlfriend was in a need of money as she was planning a surprise for Ajay's birthday. Jaya sold the jewellery to Mohan, though she was not authorised to do so. Ajay filed a suit against Jaya. 

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 3

Jaya is not guilty of theft because she was in possession of the jewellery.
Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

Legal Studies: CUET Mock Test - 5 - Question 4

Directions: Read the following passage carefully:

Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.

One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.

Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.

Q. Adi finds a painting at Delhi railway station, not knowing to whom it belongs; afterwards he discovers that it belongs to Rima and appropriates it to his own use. Rima sued Adi under the court of law. 

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

Adi would be charged for criminal misappropriation as the ingredients are not covered under theft.

Legal Studies: CUET Mock Test - 5 - Question 5

Directions: Read the following passage carefully:

Theft is a general term embracing a wide variety of misconduct by which a person is improperly deprived of his property. Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

The purpose of theft law is to promote security of property by threatening aggressors with punishment. Property security is valued as part of the individual's enjoyment of his belongings and because the community wishes to encourage saving and economic planning, which would be jeopardized if accumulated property could be plundered with impunity. Another function of the law of theft is to divert the powerful acquisitive instinct from non-productive preying on others to productive activity.

One problem that dogs the law of theft, as will be seen below, is that in a commercial society no clear line can be drawn between greedy antisocial acquisitive behavior on the one hand and, on the other hand, aggressive selling, advertising, and other entrepreneurial activity that is highly regarded or at least commonly tolerated. Here two important principles of constitutional and criminal law come into play to restrict the scope of the law of theft. A criminal law must not be so comprehensive as to jeopardize the ordinary behavior of decent citizens.

Nor may a criminal law be so vague that it fails to warn the citizen what is forbidden and leaves to the discretion of enforcement officers or judges whether certain behavior should be punishable. The tension between these principles, and the impulse to penalize all egregious greed, account for the fact that theft law inevitably falls short of penalizing all rascality. Whoever intending to take dishonestly with an intention to cause wrongful loss to another or wrongful gain to himself any movable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

At the same time—such are the refractory problems of legislative drafting—it is impossible, even with the most painstaking draftsmanship, to avoid overpenalizing in some cases. For example, obviously trivial peculations such as using an employer's stationery for writing personal notes quite clearly fall within theft law; yet it has proved impossible to articulate exceptions that will exclude this and a myriad of other trivial violations. Such things remain, therefore, within the province of prosecutorial and judicial discretion.

Q. Bhola went to buy a watch to be gifted to his son with a view to find a watch similar to the one he owns. He selected the watch but when he saw the price tag, he gave it up. But meanwhile, he inadvertently took the valuable watch from the shop and left his less valuable watch in the casket of the valuable watch. Nobody in the shop noticed it and he also discovered it only after reaching home.

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

Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft. In this case, Bhola had no dishonest intention and he took the bangle inadvertently.

Legal Studies: CUET Mock Test - 5 - Question 6

Pro tanto means

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 6

Pro tanto is a Latin phrase meaning 'to that extent' or 'for so much', and is often used to denote partial fulfillment of an actual or potential obligation—often in the form of a partial payment—toward a claim asserted in a lawsuit.

Legal Studies: CUET Mock Test - 5 - Question 7

According to which article of the International Covenant on Civil and Political Rights are rights such as the right to life, freedom of thought, prohibition of slavery, etc. said to be non-derogable?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 7

Article 4 of the International Covenant on Civil and Political Rights ("ICCPR") states that there are certain rights such as the right to life, freedom of thought, prohibition of slavery, etc. that are said to be non-derogable and constitute a special place in the hierarchy of rights.

Legal Studies: CUET Mock Test - 5 - Question 8

Directions: Consider the following statements of Assertion (A) and Reason (R), and choose the correct option accordingly.

Assertion (A): Writ jurisdiction of the Supreme Court is exclusive.
Reason (R): The Supreme Court has original jurisdiction in terms of issuing writs, i.e. a citizen can go directly to the Supreme Court and not by way of appeal.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 8

Only statement (R) is correct. The Supreme Court enjoys original jurisdiction in terms of issuing writs, but it is not the exclusive jurisdiction of the Supreme Court as a High Court is also empowered to issue writs, i.e. a person can either go to the High Court or the Supreme Court with respect to the same. So, Ans [2] is correct.

Legal Studies: CUET Mock Test - 5 - Question 9

An agreement not supported by consideration is called which of the following?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 9
  • Nudum pactum, in Latin, literally means 'Bare or Naked Promise.' In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange.
  • Coensus ad idem means meeting of minds.
  • Noscitur A Soclis means a rule of interpretation or construction.
  • Quid pro quo means something for something.
Legal Studies: CUET Mock Test - 5 - Question 10

National Judicial Academy is located in:

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

National Judicial Academy is a government funded training institute constituted for the training of Supreme and High Court judges and judicial officers in India. This body was founded in 1993 and is located in Bhopal, with a registered office in New Delhi. It aims at suggesting judicial reforms and providing research support services for greater efficiency, fairness, and productivity in judicial decisions.

Legal Studies: CUET Mock Test - 5 - Question 11

Directions: Consider the following statements of Assertion (A) and Reason (R), and choose the correct option accordingly.

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

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 11

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

  • The use of cross-examination can be an effective way to test the credibility of witnesses presented;
  • The parties may be more willing to accept the results when they are given effective control over the process.

Therefore, both A and R are true, but R is not the correct explanation of A and, hence, option 2 is the answe

Legal Studies: CUET Mock Test - 5 - Question 12

Which of the following is/are the function(s) of Central authority?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 12

The role of the Central Authority is to perform the following functions:

  1. Formulate policies and procedures to make legal aid accessible and available to the public
  2. Formulate both economical and effective policies to be availed
  3. Effective utilization and allocation of finances
  4. Consider issues of social importance with special watches (These issues might be related to environment, health, consumer protection or the marginalized section of the society.)
  5. Organize camps in rural areas to raise awareness about laws
  6. Encourage peaceful ways for settlement, like arbitration
Legal Studies: CUET Mock Test - 5 - Question 13

The Law Society of _______ determines fitness of character for admission.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 13

The Law Society of Singapore determines fitness of character for admission after applications have been filed. The Law Society is the representative body for lawyers in Singapore.

Legal Studies: CUET Mock Test - 5 - Question 14

Which of the following doctrines requires that only the parties to the contract can enforce it?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 14

Doctrine of privity of contract requires that no other person, except for the parties to the contract, can enforce the contract.

Legal Studies: CUET Mock Test - 5 - Question 15

'You must not use a steam hammer to crack a nut if a nut cracker would do.' This statement refers to which doctrine of Administrative Law?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 15

The classical definition of proportionality has been given by Lord Diplock in R V. Goldsmith when his Lordship rather ponderously stated "you must not use a steam hammer to crack a nut if a nut cracker would do". Hence, proportionality broadly requires that government action must be no more intrusive than is necessary to meet an important public purpose.

Legal Studies: CUET Mock Test - 5 - Question 16

Which case gave primacy to the Executive in making judicial appointments?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 16

The First Judges Case (1981) gave primacy to the Executive and stated that the CJI's recommendation to the President can be refused for cogent reasons. It gave vast powers to the Executive for the next 12 years, in making judicial appointments.

Legal Studies: CUET Mock Test - 5 - Question 17

The concept of Public Interest Litigation, which has become quite popular in India, originated in

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 17

Public Interest Litigation originated in the USA. A person filing a petition under Public Interest Litigation must prove to the satisfaction of the court that the petition is being filed for a public interest.

Legal Studies: CUET Mock Test - 5 - Question 18

Which of the following US states have unified bars?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 18

Lawyers are regulated at state, not federal, level by the state bar or the highest court. Bar associations in the US are divided into two categories: unified and non-unified:

  • In states with a unified bar, the responsibilities of regulating lawyers (admission, discipline and so on) come with activities to support their members as a professional body. Membership is mandatory in order to practice in such states. There are 32 states with unified bars, including California, Texas and Florida.
  • In states with a non-unified bar, responsibility for admitting and regulating lawyers lies with the state Supreme Court or board of bar examiners. In such states, the state bar is a voluntary professional body with activities that can include professional development, lobbying, networking and charitable programmes. States with non-unified bars include New York, Washington D.C. and Illinois.

Therefore, option 1 is the answer.

Legal Studies: CUET Mock Test - 5 - Question 19

Which of the following functions are performed by the Bar Council of India?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 19

The Bar Council of India was established by Parliament under the Advocates Act, 1961. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. In addition, it performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare. The regulatory and representative mandate of the Bar Council for the legal profession and legal education in India is also reflected by its statutory functions.

Legal Studies: CUET Mock Test - 5 - Question 20

Directions: The question contains two statements, one labelled as Assertion (A) and the other as Reason (R). Examine whether the statements are correct and related to each other with the help of the codes given below:

Assertion (A): Directive principles of state policy are not enforceable in a court of law.
Reason (R): Directive principles are only moral obligations.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 20

Article 37 of the Indian Constitution states that the provisions contained in this Part (Part IV) shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Thus, they are not merely moral obligations.
Therefore, the assertion is correct, but the reason is incorrect.

Legal Studies: CUET Mock Test - 5 - Question 21

In the Vedic age in India, which of the following specialised tribunals dealt with disputes related to castes?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 21

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.

Legal Studies: CUET Mock Test - 5 - Question 22

Which tribunal functions alongside TRAI?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 22

Tribunals have been constituted under specific constitutional mandate enshrined in the Constitution of India or through legal enactments. Tribunals function with regulators. Regulators are specialised government agencies that oversee the law and order compliance in the relevant government sectors. For example, one of the tribunals TDSAT, i.e. Telecom Dispute Settlement Appellate Tribunal functions alongside the regulator, TRAI (Telecom Regulatory Authority of India) in formulating laws and policy for resolving telecom disputes in India.

Legal Studies: CUET Mock Test - 5 - Question 23

Appointments of persons (other than district judges) to the judicial service of a State are made by the Governor of the State after consulting

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 23

Article 234 in The Constitution Of India 1949 deals with the recruitment of persons other than district judges to the judicial service. The article states that appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

Legal Studies: CUET Mock Test - 5 - Question 24

The 'Power of Judicial Review' and 'Independence of the Judiciary' principles of the Indian Constitution are borrowed from the ________ Constitution.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 24

The 'Power of Judicial Review' and 'Independence of the Judiciary' principles of the Indian Constitution are borrowed from the United States Constitution.
Judicial Review: Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws for violating the terms of the Constitution and governmental actions for being unlawful.
Independence of the Judiciary: Judicial independence is important to the idea of separation of powers. Judicial independence is the concept that the judiciary should be independent of the other branches of the government, i.e. executive and legislature.

Legal Studies: CUET Mock Test - 5 - Question 25

A promises, for no consideration, to give to B Rs. 1000. The agreement is

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 25

Option (1) is incorrect: It is not a voidable agreement.
Option (2) is correct: Under Section 2 of the Indian Contract Act, 1872, every promise and every set of promises, forming the consideration for each other, is an agreement. Hence, the given agreement is void from the beginning.
Option (3) is incorrect: It is not enforceable in the court of law.
Option (4) is incorrect: It is not enforceable at all, whether in writing or in oral.

Legal Studies: CUET Mock Test - 5 - Question 26

Match the following.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 26
  • Section 13 of the Indian Contract Act defines 'Consent'. It states that Two or more persons are said to consent when they agree upon the same thing in the same sense.
  • Section 30 states that agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made.
  • Section 56 deals with supervening impossibility. It states that a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
  • Section 73 provides compensation for loss or damage caused by the breach of contract. When a contract has been broken, the party that suffers from such infringement is entitled to receive compensation for any loss or damage resulting from such infringement. Such compensation shall not be given for any remote and indirect loss or damage sustained as a result of the breach.
Legal Studies: CUET Mock Test - 5 - Question 27

Directions: The following question consists of a legal proposition/principle (hereinafter referred to as 'principle') and facts. This principle has to be applied to the given facts to arrive at the most reasonable conclusion. Such principle may or may not be true in the real sense, yet you have to conclusively assume it to be true for the purpose of the question. In other words, in answering the question, you must not rely on any principle except the principle that is given herein below for the given question. Further, you must not assume any facts other than the facts stated in the question. The objective of this question is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this question to test your knowledge of law.

Principle: A person is responsible for his own act of omission and commission, but in certain cases a person is liable for the act of others. The wrongful act of others must be done within the course of employment. This is known as vicarious liability.

Facts: A careless petrol lorry driver during his working hours was smoking whilst transferring petrol from a tanker to a tank. The employee was carrying out an authorised task (transferring petrol) in an unauthorised manner (whilst smoking) which results into explosion.

Q. Is the employer liable for the act of the employee?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 27

According to the given principle, a person will be liable for the act of others if it is done in the course of employment. It is immaterial whether the employee was doing the act with due care or not. So, in the given case, as the explosion occurred during the course of employment of the lorry driver, the employer will be vicariously liable.
Therefore, option 4 is the answer.

Legal Studies: CUET Mock Test - 5 - Question 28

The police cannot investigate ________ without the order of a Magistrate.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 28

When information is given of the commission of a non-cognizable offence, the police should refer the informant to the Magistrate. Under Section 155, Clause (2), no police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class, or a Presidency Magistrate.

Legal Studies: CUET Mock Test - 5 - Question 29

A frustrated judge in an English court finally asked a barrister after witnesses had produced conflicting accounts,' Am I never to hear the truth? 'No, my lord, merely the evidence', replied counsel. To which judicial system does this judge belong?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 29

The judge belongs to Adversarial system.
Adversarial system is the system in which the judge is to pass the judgements based on the evidence and the arguments that are solely presented by the advocates of the parties. In this system, the judges tend to play less active role and they are not dutifully bound to the solving of the dispute and depend mostly on the evidences produced during the hearing in the court. They pronounce the judgement on the basis of the evidence produced before them.

Legal Studies: CUET Mock Test - 5 - Question 30

Which of the following is the correct chronological order of the following Human Rights documents?
(a) International Covenant on Civil and Political Rights
(b) Convention on the Elimination of all Forms of Discrimination Against Women
(c) Universal Declaration of Human Rights
(d) Convention on the Rights of the Child

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 30

(c) The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in its 3rd Session on 10 December, 1948 at the Palais de Chaillot in Paris, France.
(a) The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly with resolution 2200A (XXI) on 16 December, 1966.
(b) The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly.
(d) The UN General Assembly adopted the Convention and opened it for signature on 20 November, 1989 (the 30th Anniversary of its Declaration of the Rights of the Child).

Legal Studies: CUET Mock Test - 5 - Question 31

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

Assertion (A): Communication and receipt of information are the two sides of the same coin.
Reason (R): Right to know is a basic right of the citizens of a democratic country.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 31

Article 19(1)(a) not only guarantees freedom of speech and expression but also ensures the right of the citizens to know about the matters of public concern— the right to receive information springs from the right to freedom of speech and expression. With adequate information, a person can form an informed opinion.

Legal Studies: CUET Mock Test - 5 - Question 32

Match the following.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 32

The National Human Rights Commission (NHRC) of India is a statutory public body constituted on October 12, 1993 under the Protection of Human Rights Ordinance of September 28, 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India.
The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990.
National Commission for Scheduled Tribes (NCST) is an Indian constitutional body that was established through Constitution (89th Amendment) Act, 2003.

Legal Studies: CUET Mock Test - 5 - Question 33

With respect to an Advocate on Record, point the odd one out:

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 33

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. 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. It is the senior advocates who wear gowns that have flaps on the shoulders and not the Advocate on record, so option 4 is the odd one out.

Legal Studies: CUET Mock Test - 5 - Question 34

In ________, lawyers are forbidden to advertise on television, radio and in the cinemas, but are permitted to advertise in print media.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 34

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. In Hong Kong, for example, lawyers are forbidden to advertise on television, radio and in the cinemas but are permitted to advertise in print media.

Legal Studies: CUET Mock Test - 5 - Question 35

Article 39-A was added in the Constitution of India by an amendment in the year

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 35

Article 39-A was added by the 42nd amendment in 1976 and reads as follows: 'The State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.'

Legal Studies: CUET Mock Test - 5 - Question 36

Under the Legal Service Authority Act, 1987, free legal aid is available as a matter of right to:

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 36

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

Legal Studies: CUET Mock Test - 5 - Question 37

Who nominates the Executive Chairman of SLSA?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 37

Every state government constitutes the State Legal Services Authority (SLSA) and the High Court Legal Services Committee (HCLSC) for exercising powers and functions as determined by the State Authority. The SLSA consists of Chief Justice of High Court as the Patron-in-Chief, a Judge of the High Court nominated by the Governor as Executive Chairman, and other members nominated by the state government in consultation with the Chief Justice of High Court.

Legal Studies: CUET Mock Test - 5 - Question 38

Which of the following is not a way of giving consent to treaties?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 38

A treaty/international convention/charter refers to legally binding, written, agreement in which states agree to act in a particular manner as specified in the agreement. A state may express its consent to be bound by a particular treaty in certain cases, the most common of which are as follows:
Consent by signature

  • In certain cases, treaties may be given force by way of signatures of representatives who have been given the full powers, i.e. authorisation in writing from their state to be able to take decisions on its behalf.

Consent by exchange of Instruments

  • In some scenarios, consent may be recorded by way of exchanging certain instruments, i.e. documents which contain the terms agreed to by both sides, when these instruments provide that on such exchange they will be in effect.

Consent by Ratification

  • Ratification is simply understood to be the act by which a state establishes its consent to be bound by a treaty on the international plane. This was initiated as a measure to ensure that the representative who signed a treaty had due authority, by seeing whether the state agrees to 'ratify' the same. In multilateral treaties, involving a number of countries, ratification is usually the most preferred method of expressing assent where one party collects the ratification of the others. They are generally considered to be the most accepted way as they are in a written form and have been explicitly assented to by the states that are party to the dispute.
Legal Studies: CUET Mock Test - 5 - Question 39

In which case was it observed that the court must interpret provisions of the Constitution in light of Charter of the UN?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 39

Kesavananda Bharti v. State of Kerala is a landmark decision of the Supreme Court of India. In this case, apart from other assertions by the court, it was observed that the court must interpret the provisions of the Constitution in light of Charter of the United Nations.

Legal Studies: CUET Mock Test - 5 - Question 40

'Stare Decisis' means

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 40

The doctrine of 'Stare Decisis' refers to the rule in which the court would follow previous judicial decisions in future instances. As a result, when the same questions or arguments are addressed in later instances, the court will follow the findings of previous cases.

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