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Legal Studies: CUET Mock Test - 8 - CUET MCQ


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40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 8

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Legal Studies: CUET Mock Test - 8 - Question 1

A lessee may transfer whole or any part of his interest in the property

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 1

As per Section 108(j) of the Act, the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease.
Therefore, option 4 is correct.

Legal Studies: CUET Mock Test - 8 - Question 2

The Transfer of Property Act 1882 applies to transfer of property

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 2

The Transfer of Property Act, 1882, which came into force on July 1, 1882, deals with the aspects of transfer of properties between living beings.' Transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future.
Therefore, option 1 is correct.

Legal Studies: CUET Mock Test - 8 - Question 3

Copyright generally lasts for a period of _______ years.

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 3

As per the Copyright Act, 1957, the general rule is that copyright lasts for 60 years only.
In case of original literary, dramatic, musical and artistic works, 60-year period is calculated from the year of death of the author.

Legal Studies: CUET Mock Test - 8 - Question 4

In case of gift, if the donor dies before acceptance, then the

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

In case of gift, if the donor dies before acceptance, then the gift is void.
According to Section 122 of The Transfer of Property Act, 1882, Gift is the transfer of certain existing moveable 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. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving it. If the donee dies before acceptance, the gift is void.

Legal Studies: CUET Mock Test - 8 - Question 5

Which of the following statements is not correct in context of the Transfer of Property Act?

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

As per Section 5 of the Transfer of Property Act, 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
Hence, the statement contained in option 4 is not correct. So, as per the question, option 4 is the correct answer.

Legal Studies: CUET Mock Test - 8 - Question 6

Termination of lease of immovable property shall be in which of the following manners?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 6

Section 106(1) of the Transfer of Property Act states that in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

Legal Studies: CUET Mock Test - 8 - Question 7

Section 122 of the Transfer of Property Act, 1882 deals with which of the following types of gift?

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

'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 when to be made — Such acceptance 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. Thus, Section 122 of the Transfer of Property Act, 1882 deals with gift inter-vivos, which means transaction of gift is always between living persons.

Legal Studies: CUET Mock Test - 8 - Question 8

A gift comprising both existing and future properties is

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

Section 124 of the Transfer of Property Act states that a gift comprising both existing and future properties is void as to the latter.
Thus, option 4 is correct.

Legal Studies: CUET Mock Test - 8 - Question 9

For applicability of the doctrine of lis pendens, the property should be

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 9

The doctrine of lis pendens incorporated under Section 52 of the 1929 Act, means to say that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

Legal Studies: CUET Mock Test - 8 - Question 10

A trademark is a visual symbol applied to articles of commerce with a view to distinguish the articles from other. It is in the form of:

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 10

A trademark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that 'this good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons'. Thus, 'All of the above' is the correct answer option.

Legal Studies: CUET Mock Test - 8 - Question 11

The institution of ombudsman originated in 1809 in

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 11

Officially the institution of ombudsman was inaugurated in the year 1809 in Sweden. This institution did not become very famous till it was adopted by Denmark.

Legal Studies: CUET Mock Test - 8 - Question 12

Administrative law is a branch of

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 12

Administrative law is considered a branch of public law. It is the body of law that governs the activities of administrative agencies of the government. Actions of government agency can include rule-making, adjudication or the enforcement of a specific regulatory agenda.

Legal Studies: CUET Mock Test - 8 - Question 13

Administrative law deals with
(i) composition, powers and functions of the administrative authorities
(ii) procedures to be followed by the administrative authorities in the exercise of their powers and functions
(iii) methods of control of powers of the administrative authorities
(iv) remedies available to a person in case of violation of his rights by administrative authorities

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 13

Administrative law is the law relating to the control of governmental power. The administrative process is considered necessary evil in all progressive and developing societies, particularly in a welfare State. Such a process may affect the rights of citizens of the country. The primary objective of administrative law is to limit the powers of the government to protect citizens against their abuse. In other words, we can define administrative law as the body of rules, regulations, orders, and decisions created by the administrative agencies of government. Administrative law deals with the powers of administrative authorities, the exercise of such powers, remedies for aggrieved persons by such law, etc. According to Ivor Jennings, administrative law is the law relating to the administration. It determines the organization, powers, and duties of the administrative authorities.

Legal Studies: CUET Mock Test - 8 - Question 14

The concept of 'Rule of Law' was originated by

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 14

The originator of the concept of rule of law was Sir Edward Coke, the Chief Justice during James I reign. The concept of rule of law is of old origin. The doctrine of rule of law is the entire basis of administrative law. To simply understand the meaning of rule of law, it means that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank.

Legal Studies: CUET Mock Test - 8 - Question 15

Separation of judiciary from the executive is enjoined by

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 15

The correct answer is Directive Principles of State Policy. Article 36 to Article 51 of our Constitution deals with the Directive Principles of the State Policy. Article 50 prescribes the separation of the judiciary from the executive.

Legal Studies: CUET Mock Test - 8 - Question 16

What is delegated legislation?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 16

Delegated legislation, also referred to as secondary legislation is legislation made not directly by an Act of the Parliament, but under the authority of an Act of Parliament. Parliament has regularly and extensively delegated its limited power to the Executive to make certain regulations under Acts.

Legal Studies: CUET Mock Test - 8 - Question 17

Which of the following statements is true?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 17

Delegated or subordinate legislation is not retrospective unless the statute under which it has been framed, expressly or by necessary implication, imports retrospectivity. Thus, retrospective effect should be given only when the particular law or statute provides specifically.

Legal Studies: CUET Mock Test - 8 - Question 18

The term 'separation of powers' was coined by

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 18

Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.

Legal Studies: CUET Mock Test - 8 - Question 19

The principles of natural justice

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 19

Natural justice is an expression of English common law, and involves a procedural requirement of fairness. The principles of natural justice have great significance in the study of administrative law. It is also known as substantial justice or fundamental justice or universal justice or fair play in action. The principles of natural justice are not embodied rules and are not codified. They are judge made rules and are regarded as counterpart of the American procedural due process.

Legal Studies: CUET Mock Test - 8 - Question 20

In which of the following cases 'rule of law' was categorised as a 'basic structure'?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 20

Rule of law is an essential tool to protect the freedom and dignity of individuals against organized powers. In the landmark ruling by the Supreme Court of India in the Keshavananda Bharti v. State of Kerala, 'rule of law' was categorized as a 'basic structure' of the constitution. Basic structure means those basic characters/attributes which are enshrined in the heart of the Constitution and which cannot be repealed/replaced by any Parliament. Hence, it is a bundle of characteristics of the Indian Constitution which can never lose their relevance and can never be derogated.

Legal Studies: CUET Mock Test - 8 - Question 21

The essential ingredients of a crime are

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 21

Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. Actus reus can be a physical act (hitting someone), a failure to act (watching someone being hit) or a state of being (having stolen property in your possession). It must be shown that a person committed an act prohibited by law. Mens rea is the mental element of a crime. It includes motive, intent, knowledge and recklessness/carelessness. Mens rea is the 'guilty mind' or guilty intention to commit a crime, with the intention of causing hurt to another person or animal or with the express intention of disturbing the peace. Actus reus, however, is the guilty act, which is a necessity in proving that a criminal act was committed.

Legal Studies: CUET Mock Test - 8 - Question 22

'Mens rea' means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 22

'Mens rea' means guilty or malafide intention. In order to make an act punishable it is very important that the act must be done with a guilty intention.

Legal Studies: CUET Mock Test - 8 - Question 23

When can the police start the criminal investigation?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 23

Upon receiving a complaint about the commission of an offence, the police registers the FIR [First Information Report], upon which the initial step of criminal proceeding, i.e. investigation is commenced.

Legal Studies: CUET Mock Test - 8 - Question 24

Classification of compoundable and non-compoundable offences has been provided under

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 24

Under the Code of Criminal Procedure, 1973 there is a difference made between compoundable offences and non-compoundable offences. Section 320 of CrPC deals with Compoundable offences which are less serious in nature. Under a compoundable offence, the complainant who filed the case may enter into a compromise and can drop the charges made against the accused. All the offences which are not mentioned under section 320 of CrPC are classified as non-compoundable offences. In these cases, the State or the police files case and act as the complainants and, hence, it is not possible for them to enter into a compromise.

Legal Studies: CUET Mock Test - 8 - Question 25

When a person is prosecuted for committing a criminal offence, the burden of proof is on

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 25

In criminal cases, the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond a reasonable doubt.

Legal Studies: CUET Mock Test - 8 - Question 26

Which of the following can be tried summarily?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 26

Section 260 states that the following offences may be tried summarily:
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the India Penal Code (45 of 1860 ), where the value of the property stolen does no exceed two hundred rupees;
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860 ), where the value of the property does not exceed two hundred rupees;
(iv) assisting in the concealment or disposal of stolen property under section 414 of the Indian Panel Code (45 of 1860 ), where the value of such property does not exceed two hundred rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860 );
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506 of the Indian Penal Code (45 of 1860 );
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871 ).

Legal Studies: CUET Mock Test - 8 - Question 27

Which of the following classifications comes under the Criminal Procedure Code?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 27

The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), is the main legislation on procedure for administration of substantive criminal law in India. Cognizable and non-cognizable offences, bailable and non-bailable offences, and summons cases and warrant cases are all classified under the code of criminal procedure. Various clauses of Section 2 of the Code define these classifications.

Legal Studies: CUET Mock Test - 8 - Question 28

Offences of Indian Penal Code other than mentioned in Section 320 of the Criminal Procedure Code are

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 28

Section 320 of the IPC deals with the compounding of offences. It lists the offences which are compoundable in nature and all other offences which are not listed here will be treated as non-compoundable offences.

Legal Studies: CUET Mock Test - 8 - Question 29

Can a person file an application for plea bargaining, if an offence is committed against a child of 16 years?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 29

Chapter XXIA of the Criminal Procedure Code deals with Plea Bargaining. Section 265A, under this chapter, clearly states, 'This Chapter shall apply in respect of an accused against whom — the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.' So, if the offence is committed against a child of more than 14 years of age, application for plea bargaining can be filled.

Legal Studies: CUET Mock Test - 8 - Question 30

Which of the following is not a feature of the criminal justice system in India?

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 30

Preponderance of probability is not the feature of the criminal system as in criminal cases, offence must be proved beyond any reasonable doubt.

Legal Studies: CUET Mock Test - 8 - Question 31

Actus non facit reum nisi mens sit rea means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 31

A legal term outlining the presumption of 'mens rea' in a crime. The Latin expression 'actus non facit reum nisi mens sit rea', is translated as 'an act does not render a man guilty of a crime unless his mind is equally guilty,' expresses a foundational concept in criminal law. As a general rule, someone who acted without mental fault is not liable in criminal law.

Legal Studies: CUET Mock Test - 8 - Question 32

Doli incapax means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 32

Doli incapax is a Latin legal maxim meaning 'incapable of doing any harm or incapable of committing a crime'. It is a presumption that a child is incapable of forming the necessary criminal intent for committing an offence.

Legal Studies: CUET Mock Test - 8 - Question 33

Bona vacantia means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 33

Bona vacantia, also known as 'vacant goods' or "ownerless goods" in Latin, is a legal term for a situation in which property is left without any clear owner. It exists in various jurisdictions, but with origins mostly in English law. The bona vacantia property may have been abandoned, mislaid, or forgotten by the owner.

Legal Studies: CUET Mock Test - 8 - Question 34

De minimis non curat lex means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 34

The latin maxim means 'law is not concerned with small things.' It is a legal doctrine by which a court refuses to consider trifling things. In a lawsuit, the 'de minimis' doctrine is applied by a court to avoid resolving trivial matters that are not worthy of judicial scrutiny.

Legal Studies: CUET Mock Test - 8 - Question 35

Obiter Dicta means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 35

It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. In other words, obiter dicta means 'that which is said in passing,' an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion that is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.

Legal Studies: CUET Mock Test - 8 - Question 36

Actiones legis means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 36

Actiones legis is a Latin term which was used mainly in Roman Law meaning 'Law suits or lawful action'. The procedure under Actiones legis was divided into various stages. Firstly, the plaintiff calls the defendant to visit the court; he can be taken by force if he refuses. The trial is further divided into two parts: preliminary hearing before a magistrate and the proceedings before judex. Finally, a decision is given by the court and if the defendant does not follow the decision, he can be taken before the magistrate.

Legal Studies: CUET Mock Test - 8 - Question 37

Sub silentio means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 37

Sub silentio is a legal Latin term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.

Legal Studies: CUET Mock Test - 8 - Question 38

Mala in se means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 38

'Mala in se' is a Latin phrase meaning 'wrong or evil'. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct.

Legal Studies: CUET Mock Test - 8 - Question 39

Ejusdem generis means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 39

Ejusdem generis is a Latin term which means "of the same kind," it is used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed.

Legal Studies: CUET Mock Test - 8 - Question 40

Nemo debet esse judex in propria sua causa means

Detailed Solution for Legal Studies: CUET Mock Test - 8 - Question 40

No one ought to be a judge in his or her own cause. It is the principle of Natural Justice. According to this maxim, the authority giving decision must be composed of impartial persons who should act fairly, without prejudice and bias.

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