Legal Studies: CUET Mock Test - 9 - Humanities/Arts MCQ

It is a Latin maxim, which means that where there is a right there is a remedy. The principle, thus, states that where one's right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss. Further, where one's right is denied the law affords the remedy of an action for its enforcement.

Ex post facto, literally means, having retrospective effect or force. An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Donatio mortis causa means a gift made by a person (the donor) in contemplation of impending death, also known as a deathbed gift. When the donor dies, the subject-matter of the gift does not pass to the personal representative but to the person the deceased intended to benefit (the donee). To qualify as a donatio mortis causa, the gift must be made by the donor in contemplation of the donor's impending death. The gift must be contingent on the donor dying. The donor must part with the gift or deliver it in some way to the donee. The subject-matter of the gift must be capable of being given away in this manner.

The term is used to refer to an action occurring from day to day or a continuing right of action. The maxim often refers to a type of pay schedule.

Strict liability holds defendants responsible for harm caused by their activities, regardless of whether they were negligent or intended harm.

Strict liability applies in cases like keeping a dangerous animal, where the defendant is responsible for harm regardless of precautions.

Strict liability applies to hazardous activities, such as blasting or keeping dangerous animals, where harm is likely despite taking precautions.

In strict liability cases, the victim only needs to prove that the defendant’s activity caused harm, regardless of the defendant's intent or negligence.

Strict liability applies in situations such as holding a person accountable for harm caused by dangerous animals, regardless of their actions or intent.

Public International Law is the law that regulates relations between states. The primary objective of Public International Law is to provide a framework of rules and regulations which help in fostering stable and organised international relations. Some key areas where Public International Law is applicable:
Peace and security, Human rights, Finance, Airspace, Trade, Intellectual Property, Development, Sea, Weapons, Bio-diversity, Science and security, Fisheries, International Crimes, Climate change, Extradition, Natural resources.

The Universal Declaration of Human Rights is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Universal Declaration of Human Rights deals with various provisions, a few of them being:

• liberty of a person (Article 3)
• equality before law (Article 7)
• prohibitions on torture (Article 5)
• socio-economic rights such as right to work and equal pay (Article 23)
• right to social security (Article 25)

The Bretton Woods twins refers to the two multilateral organizations created at the Bretton Woods Conference in 1944. Both twin organizations functioned to enact and maintain the Bretton Woods system of proscribed international currency exchange rates. They are the International Bank for Reconstruction and Development and the International Monetary Fund.

(A) Correct: Crime is defined as an unlawful act that is punishable by the state.
(B) Incorrect: Crime impacts both individuals and the state.
(C) Correct: Criminal law is concerned with imposing punishments for crimes.
(D) Incorrect: Criminal law does not deal with civil matters; that's within the scope of civil law.

The Article related to international law in the constitution is Article 51. According to the provisions in this Article, the state has the responsibility to promote international peace and security in the nation, and maintain just and honourable relations with other nations. Clause (c) of the article clearly states that, 'The State shall endeavour to: (a) promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations in the dealings of organised people with one another, and encourage settlement of international disputes by arbitration.'

Both treaty law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which States formally establish certain rules.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.

A judiciary that is as fair and independent is an important component in sustaining their trust and confidence. An impartial independent judiciary is the guardian of the individual rights in a democratic society. In order for citizens to have faith in their court system, all people must have access to the courts when necessary.

(A) Incorrect: Crimes against property typically involve theft, not bodily harm.
(B) Correct: White-collar crimes usually involve economic offenses committed by people of high social standing.
(C) Correct: Organized crime is typically carried out by groups for profit through illegal means.
(D) Correct: Crimes against morality include acts like prostitution and gambling

(A) Incorrect: Criminal liability does not arise until an unlawful act is completed with both actus reus and mens rea.
(B) Incorrect: Actus reus is the physical act, not the mental element.
(C) Correct: Actus reus refers to the physical act or result of the criminal conduct.
(D) Correct: Mens rea refers to the mental element or intent behind the crime.

International law addresses the provision for free legal service from the perspective of human rights. An explicit provision for legal services is incorporated in the International Covenant on Civil and Political Rights (ICCPR). India has ratified the International Covenant on Civil and Political Rights which came into force in 1976 and is bound by the International obligation to provide free legal assistance as per the requirements of the Covenant. The Supreme Court of India recognizes international legal obligations as part of the law of the land when Indian law can be harmoniously interpreted as in conformity with international law.

Sections 9-11 of the Legal Services Authorities Act deal with the District Legal Services Authority. The state government shall, in consultation with the Chief Justice of the High Court, constitute a District Authority for every district in the state to exercise the powers and perform the functions conferred on, or assigned to the District Authority under the Act.

Pre-litigation simply means 'before a lawsuit is filed in the court'. The pre-litigation legal services include:

• Legal education
• Legal advice
• Legal awareness
• Pre-litigation settlement etc.

Arbitration is a procedure in which a dispute is submitted to one or more arbitrators who makes a decision on the dispute. The decision rendered by an arbitrator is known as an arbitral award. Once an arbitral award is rendered, it is recognised and enforced (given effect to) akin to a court pronounced judgment or order. In addition to an arbitral award, the arbitrator also holds power and authority to grant interim measures, like a judge in the court. Unlike a judgment rendered by a judge in the court, the award does not hold precedential value.

Article 39A 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 a 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.'

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. It is one of the modes of alternative dispute resolution.

(A) Correct: White-collar crimes are typically non-violent crimes committed by individuals of high social status.
(B) Incorrect: Special laws like the Prevention of Corruption Act are separate from the Indian Penal Code.
(C) Correct: The Indian Penal Code, 1860, is the primary law that defines crimes in India.
(D) Incorrect: The IPC primarily deals with substantive law; procedural aspects are covered under the Criminal Procedure Code (CrPC).

International commercial arbitration is an arbitration in which at least one of the disputing parties is a resident/body corporate of a country other than India. Arbitration with the government of a foreign country is also considered to be an international commercial arbitration.

Alternative Dispute Resolution (ADR) refers to any method of resolving disputes without litigation. ADR regroups all processes and techniques of conflict resolution that occur outside of any governmental authority. The most famous ADR methods are mediation, arbitration and conciliation. All ADR methods have common characteristics – enabling the parties to find admissible solutions to their conflicts outside of traditional legal/court proceedings, but are governed by different rules. For instance, in mediation and conciliation, the purpose of the third party is to promote an amicable agreement between the parties. In arbitration, the third party (an arbitrator or several arbitrators) plays an important role as it renders an arbitration award that is binding on the parties. In comparison, in conciliation and mediation, the third party does not impose any binding decision.

In an inquisitorial system, the judge/decision maker takes a centre-stage in dispensing justice. The role of the judge/decision maker is active as he/she determines the facts and issues in dispute. The system offers procedural efficiency as the active role of judges prevents delays and prolonged trials. On the other hand, since the judge steps into the shoes of an investigator, he/she can no longer remain neutral to evaluate the case with an open mind. Thus, option 2 is the answer.

White-collar crimes are socio-economic crimes. For such kind of crimes, just the actus reus is required to be proved, mens rea is not taken into consideration once actus rea is proved.

Criminal law deals with unlawful acts and imposes punishments to protect society.