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Legal Studies: CUET Mock Test - 7 - CUET MCQ


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40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 7

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Legal Studies: CUET Mock Test - 7 - Question 1

Who is considered as the father of modern legal education in India?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 1

N. R. Madhava Menon was an Indian civil servant, lawyer and legal educator, considered by many as the father of modern legal education in India. He is the founder of National Law Universities system and first director of the National Law School of India University (NLSIU) and the National Judicial Academy, Bhopal and the founder-vice-chancellor of the West Bengal National University of Juridical Sciences (NUJS).

Legal Studies: CUET Mock Test - 7 - Question 2

The Bar Council of India has __________ as its ex-officio member(s).

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

As per the Advocates Act, the Bar Council of India consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members. The members from the state bar councils are elected for a period of five years.

Legal Studies: CUET Mock Test - 7 - Question 3

Which of the following is not a constitutional office?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 3

Legal officers who act as advisors to the Central Government include the Attorney General of India, the Solicitor General of India and the Additional Solicitor General of India. The state government similarly has Advocate General. The office of the Attorney General for the Union of India and the Advocate General for the concerned States are Constitutional offices. The Constitution of India has also laid down the qualifications necessary for being considered for the position of the Attorney General and the Advocate General. But there is no provision for the office of Solicitor General in the Constitution.

Legal Studies: CUET Mock Test - 7 - Question 4

Which of the following High Courts permitted foreign lawyers to practice in India on a "fly in and fly out" basis?

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

The Madras High Court, in response to a PIL filed by A. K. Balaji, permitted foreign lawyers to practice in India on a "fly in and fly out" basis.

Legal Studies: CUET Mock Test - 7 - Question 5

Prior to the enactment of the Advocates Act, the term "advocates" referred to

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

Prior to the enactment of the Advocates Act, the term "advocates" referred only to English and Irish barristers and members of the Faculty of Advocates in Scotland. This class was permitted to practise in the Supreme Court of Judicature in Bengal, to the exclusion of native practitioners.

Legal Studies: CUET Mock Test - 7 - Question 6

Who was the first Indian lady vakil to be enrolled in a High Court?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 6

The Allahabad High Court enrolled Ms. Cornelia Sorabji as the first Indian lady vakil of Allahabad High Court on 24 August 1921 by a decision of the English Committee of the Court.

Legal Studies: CUET Mock Test - 7 - Question 7

Which country has the largest population of lawyers in the world?

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

India has the second largest population of lawyers in the world, second only to the United States. The number of persons admitted to practice law in India has increased from about 70,000 at time of independence in 1947 to some 1.25 million in 2014.

Legal Studies: CUET Mock Test - 7 - Question 8

Which gas was responsible for deaths in the Bhopal gas tragedy?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 8

In the Bhopal gas tragedy of 1984, a factory of the Union Carbide Corporation located in Bhopal had a major leakage of methyl isocyanate gas that killed 2260 and injured around 600,000 people.

Legal Studies: CUET Mock Test - 7 - Question 9

Which of the following is/are wrong(s) in tort law?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 9

In tort cases, the victim or the claimant claims that the defendant or the wrongdoer has conducted a wrongful act or is liable for injury incurred by the claimant. Primarily, there are three kinds of wrongs in tort law - the wrongful acts can occur either intentionally or negligently on part of the wrongdoer, or the defendant is strictly liable for the wrongful act.

Legal Studies: CUET Mock Test - 7 - Question 10

The word 'tortum' from which the word 'tort' is derived means

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

'Tort' means a 'civil wrong' and originates from the Latin word 'tortum', which means 'twisted' or 'crooked'.

Legal Studies: CUET Mock Test - 7 - Question 11

Directions: The question consists of one or more principle and some facts. You are to examine the principle(s) and apply it/them to the given facts carefully, and select the best option.

Principle 1: Trespass on land means to interfere with someone's possession without lawful justification. Trespass can be committed by the trespasser himself by entering the land, or by the trespasser doing it through the use of some object.
Principle 2: Trespass can be committed intentionally, negligently or even accidentally.
Facts: Satyam lived in a big house surrounded by substantial lush green land. The police were catching a thief, who accidentally entered into the land of Satyam. The police also followed him into the land, since they wanted to find him. The police were able to catch the thief, but the state was sued for trespass on land.

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 11

Both options 3 and 4 seem correct, but the last option gives a better explanation and better defence to avoid the liability. The police had interfered with his possession, but that was with lawful justification, i.e. the legal obligation to catch hold of a thief, a criminal, by following him to all parts of the country.

Legal Studies: CUET Mock Test - 7 - Question 12

Tort is a

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 12

In law, tort is defined as a civil wrong or a wrongful act, of one, either intentional or accidental, that results in the injury or harm to another who in turn has recourse to civil remedies for damages or a court order or injunction.

Legal Studies: CUET Mock Test - 7 - Question 13

Tort law developed through

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 13

Torts are a common law subject; common law in the sense that tort law or the rules of tort law developed not from a statute or an act passed by the Parliament, but from centuries of judicial decisions - case by case in English courts as well as in courts of other countries following common law system like India and the United States of America.

Legal Studies: CUET Mock Test - 7 - Question 14

The Bhopal gas tragedy took place in the year

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 14

The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak accident on the night of 2-3 December 1984 at the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh, India. The industrial disaster is considered the world's worst in history.

Legal Studies: CUET Mock Test - 7 - Question 15

Which of the following is/are essential(s) of tort of negligence?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 15

The three elements of a tort of negligence are:

  1. The defendant owes a duty of care to the victim
  2. There has been a breach of duty of care on part of the defendant
  3. The breach of the duty to care resulted in the harm suffered by the claimant
Legal Studies: CUET Mock Test - 7 - Question 16

In India, the law of torts is largely

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 16

The law of torts in India is uncodified and is based on common law of England. In the absence of common law, Indian courts apply the principles of justice, equity and good conscience.

Legal Studies: CUET Mock Test - 7 - Question 17

Rylands v Fletcher laid down the rule of

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 17

Rylands v Fletcher is one of the landmark cases of tort law. In this case, the House of Lords laid down the 'rule of strict liability'. By this rule, a person may be liable for some harm even though he is not negligent in causing the same. Further, this case paved the way for the 'rule of absolute liability' in India.

Legal Studies: CUET Mock Test - 7 - Question 18

Cognizable offence is one

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 18
  • Section 2 (c) of the Criminal Procedure Code, 1973 defines cognizable offences.
  • Cognizable offence means where a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force.
  • Cognizable offences are usually offences which are serious in nature.
Legal Studies: CUET Mock Test - 7 - Question 19

In which of the following cases is confession irrelevant in a criminal proceeding?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 19

Section 24 of the Indian Evidence Act clearly states that, 'A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.'

Legal Studies: CUET Mock Test - 7 - Question 20

Which of the following is not a warrant case?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 20

Section 2(x) Cr.P.C. defines warrant case as: 'Warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.'

Legal Studies: CUET Mock Test - 7 - Question 21

Which of the following is/are true about the "Code of Criminal Procedure"?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 21

"Code of Criminal Procedure" is mainly, though not purely, a procedural law and there are also certain provisions, which are partly in the nature of substantive law.

Legal Studies: CUET Mock Test - 7 - Question 22

Which of the following is true about 'admissions'?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 22

Option (1) is incorrect: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (2) is correct: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (3) is incorrect: Admissions are not always relevant.

Legal Studies: CUET Mock Test - 7 - Question 23

Which of the following is true with respect to 'motive'?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 23

Motive is the ulterior objective behind doing an act. It is the driving force behind intention or commission of an act. The criminal law does not take into account motive in affixing criminal liability or in determining criminal culpability. This is the reason why the criminal law does not care whether one has stolen a loaf of bread to feed a starving person or stolen medicine to save someone's life, as long as it is a prohibited act, done knowingly.

Legal Studies: CUET Mock Test - 7 - Question 24

Who is an offender under criminal law?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 24

Offender, under the law of crime, is a person who has committed an illegal act and is declared guilty for the same by court after a complete investigation and trial.

Legal Studies: CUET Mock Test - 7 - Question 25

In a bailable offence, the bail is granted as a matter of right

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 25

A bailable offence is an offence of relatively less severity and for which the accused has a right to be released on bail. In case of bailable offence the police has power to grant bail, but after the challans are filed in court, the accused person has to fill the prescribed bail bond in order to get regular bail from court. Thus, it is correct to say that bail, in a bailable offence, can be granted either by the police officer or by the court. Bail is a matter of right in case of bailable offences.

Legal Studies: CUET Mock Test - 7 - Question 26

Any confessional statement by the accused given to the Magistrate is

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 26

Section 26 of the Evidence Act stipulates that no confession made by an accused person shall be proved against him, unless it is made in the immediate presence of a Magistrate. Therefore, any confessional statement by the accused given to the Magistrate is admissible.

Legal Studies: CUET Mock Test - 7 - Question 27

With reference to the stages of crime, the severity of punishment is maximum in

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 27

Commission is when a person actually executes his plans and commits a wrongful act.
The severity of punishment is the maximum in case of the commission of crime.

Legal Studies: CUET Mock Test - 7 - Question 28

Which of the following is/are correct in respect to summons?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 28

Summons are issued by the Court to any person, to appear before the court, to give evidence as witness or produce a document which is in his possession before the court on a particular date. Issue and service of summons are significant in both the civil and criminal cases as they provide a mechanism to start legal proceedings before the court of law. Summons are generally issued to the defendant in a suit and the witnesses who are being called to adjudicate the case in any civil proceedings.

Legal Studies: CUET Mock Test - 7 - Question 29

Which of the following distinctions of a confession from an admission is not correct?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 29

Section 80 of the Indian Evidence Act gives the evidentiary value to the judicial confession and expresses that a confession made in the presence of magistrate or in the court which is recorded by the magistrate as prescribed by the law shall be presumed to be true and genuine confession and the accused can be tried with the offence. Admission, as defined under Section 17 of the Indian Evidence Act, 1872, is "An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances hereinafter mentioned".

Legal Studies: CUET Mock Test - 7 - Question 30

Intellectual property rights include:

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 30

Intellectual property rights refer to the creation of mind, innovations, inventions, literary and art works, designs, symbols, etc. used in commerce that are protected by the law. These enable people to earn financial benefits from their invention of creation. These include, copyrights, patents, trademarks, industrial design rights and trade secrets. So, option 4 is correct.

Legal Studies: CUET Mock Test - 7 - Question 31

The doctrine of lis pendens applies where

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 31

If a transfer is made after the decree of the trial court but during the pendency of an appeal, the doctrine of lis pendens will apply because appeal is regarded as continuation of the suit.
Therefore, option 2 is correct.

Legal Studies: CUET Mock Test - 7 - Question 32

For the purpose of making a gift of immovable property, the transfer must be affected

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 32

As per Section 123 of the Transfer of Property Act, 1882, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

Legal Studies: CUET Mock Test - 7 - Question 33

Which of the following is/are not required in a gift?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 33

As per Section 122 of the Transfer of Property Act, 1882, "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Legal Studies: CUET Mock Test - 7 - Question 34

Regard being had to the provisions of the Transfer of Property Act, which of the following statements is NOT correct?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 34

Options 1 and 3 are correct. However, Section 13 makes provision for transfer for benefit of unborn person. Thus, in the context of the question, the statement given in option 2 is incorrect as a direct transfer cannot be made to an unborn person.
Therefore, as per the question, option 2 is the correct answer.

Legal Studies: CUET Mock Test - 7 - Question 35

Immovable property does not include timber. This statement is

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 35

As per Section 3 of the Transfer of Property Act, immovable property does not include standing timber, growing crop and grass. Standing timbers are trees fit for use for building or repairing houses. This is an exception to the general rule that growing trees are immovable property.

Legal Studies: CUET Mock Test - 7 - Question 36

A lease of immovable property from year to year or exceeding one year can be made

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 36

As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument. All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Legal Studies: CUET Mock Test - 7 - Question 37

Which of the following is incorrect?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 37

Section 122 defines that "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance to the gift must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Legal Studies: CUET Mock Test - 7 - Question 38

A donee who has taken all the properties of the donor, is also liable to discharge all the liabilities of the donor. Such donee is known as

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 38

A universal donee is a person who gets all the properties of the donor under a gift. Such properties include movables as well as immovables. Section 128 of Transfer of Property Act, in this regard, lays down that the donee is liable for all the debts and liabilities of the donor due at the time of the gift.

Legal Studies: CUET Mock Test - 7 - Question 39

In which of the following cases can a transfer of immovable property be made without writing?

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 39

In case the term of the lease is less than a year, then the said lease may be made either by oral agreement accompanied by delivery of possession of the immovable property, or by a registered instrument.
So, the correct answer is option 2.

Legal Studies: CUET Mock Test - 7 - Question 40

The term 'sale', in the Transfer of Property Act, is defined under

Detailed Solution for Legal Studies: CUET Mock Test - 7 - Question 40

The term 'sale' in the Transfer of Property Act, is defined under Section 54 as the transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

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