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Test: Legal Aptitude- 1


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Test: Legal Aptitude- 1 - Question 1

Assertion: An offer can be made by an act or omission of the offeror

Reason: The communication of a proposal is complete, when it comes to the knowledge of the person to whom it is made

Detailed Solution for Test: Legal Aptitude- 1 - Question 1

The correct option is B.

There is no direct relation between assertion and reason.

Test: Legal Aptitude- 1 - Question 2

Assertion: If any part of a single consideration for one or more objects or any one or any part of any one of several considerations for a single object is lawful, then the agreement is void

Reason: An agreement not enforceable by law is said to be void

Test: Legal Aptitude- 1 - Question 3

Assertion: A minor is liable for necessities supplied to him

Reason: A minor estate is liable for reimbursement of the expenses incurred on supply of necessaries

Detailed Solution for Test: Legal Aptitude- 1 - Question 3

MINOR’S LIABILITY FOR NECESSARIES
According to section 68, the necessaries supplied to the minor “should be suited to the condition in life “as we all know there are so many things which are essential for are life and without which we can’t live. We all know that if we will not get the things then we survive as they are very important for everyone but a minor can’t make a contract with anyone as he or she can’t come in contact with anyone then the question arise that who will provide him or her necessities means the things which are very important for everyone and without which nobody can live. By seeing or we can say by observing all situations it is allowed that if anyone will provide necessities to a minor then minor will be liable towards that person means if anyone is providing any necessities to the minor then minor have to pay the cost of that service or that good. Necessities do not mean bare necessities of life, but means such things as may be necessaries to maintain a person according to his condition in life.

Test: Legal Aptitude- 1 - Question 4

Assertion: As a general rule, vindictive or exemplary damages of tort are unknown in contract

Reason: The award of damages in case of breach of a contract is made not as a punishment for wrong

Test: Legal Aptitude- 1 - Question 5

An agreement to share the benefits of public office:

Test: Legal Aptitude- 1 - Question 6

An agreement made to sell a cargo of corn which was not in existence at the time of contract is:

Test: Legal Aptitude- 1 - Question 7

A person enjoying the benefit of non-gratuitous act:

Test: Legal Aptitude- 1 - Question 8

Assertion: money lent to a minor for luxuries cannot be recovered

Reason: lending money for luxuries to a minor is illegal

Test: Legal Aptitude- 1 - Question 9

A party who suffers loss as a result to breach of contract can in usual course, claim

Test: Legal Aptitude- 1 - Question 10

A counter offer is:

Test: Legal Aptitude- 1 - Question 11

Assertion: The Indian penal code contains certain exceptions from criminal liability

Reason: There cannot be universal criminal liability in all circumstances

Detailed Solution for Test: Legal Aptitude- 1 - Question 11

The correct answer is A as the reason given is true in relation with the statement given.

Test: Legal Aptitude- 1 - Question 12

Assertion: X and Y independently entertained the idea to kill Z, strike him with iron rods on his head. Z dies as a result of the injuries. Both X and Y are guilty of murder under section 302/34 IPC

Reason: when a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable as if it was done by him alone

Detailed Solution for Test: Legal Aptitude- 1 - Question 12

X and Y had similar intention but did not have prior concert of mind thus they cannot be liable for murder together with the aid of section 34 IPC.

Test: Legal Aptitude- 1 - Question 13

‘A’ officer of a court is ordered by the court to affect the arrest of P. But believing Q to be P. He arrests Q. A is guilty of:

Test: Legal Aptitude- 1 - Question 14

X with the intention of causing death of Y, instigates a child below 7 years of age to mix poison in the food of Y in the absence of X. Y takes the food and dies. What is X guilty of?

Detailed Solution for Test: Legal Aptitude- 1 - Question 14

The correct option is C.

This can be understood by the given example.

A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

Test: Legal Aptitude- 1 - Question 15

X by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it to X. which offence is committed by X

Test: Legal Aptitude- 1 - Question 16

X borrowed a bicycle from Y promising to return the same within a period of 3 days. He failed to fulfill the promise, disposed of the bicycle and appropriated the proceeds to his own use. What offence if any X commits?

Detailed Solution for Test: Legal Aptitude- 1 - Question 16

The correct option is A.
According to section 405 of IPC, Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriated or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”
 

Test: Legal Aptitude- 1 - Question 17

Assertion: An accused person has been guaranteed the right to be informed of the nature and cause of accusation

Reason: The accused person can get his conviction quashed upon vague and obscure charges

Test: Legal Aptitude- 1 - Question 18

A person whose petition for habeas corpus has been refused by the High court on merits, seeks to move the supreme court by an original petition. According to the constitutional law of India:

Test: Legal Aptitude- 1 - Question 19

The executive power of the union is vested in the:

Test: Legal Aptitude- 1 - Question 20

Fundamental duties have been added in the constitution by 42nd amendment act 1976 in accordance with the recommendation of:

Test: Legal Aptitude- 1 - Question 21

Assertion: no qualification have been prescribed for the membership of the Union public service commission

Reason: the constitution does not fix the number of members of the UPSC

Detailed Solution for Test: Legal Aptitude- 1 - Question 21

The correct option is B

Both the statements are true but one deals with Qualification and other with number of members. 

R does not explains A.

Test: Legal Aptitude- 1 - Question 22

Assertion: The power of amendment under Art. 368 does not include the power to alter the basic structure of the constitution

Reason: The right to equality does not form part of the basic structure of the constitution

Test: Legal Aptitude- 1 - Question 23

Assertion: the president of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence

Reason: the president exercises not only executive functions but also judicial and legislative functions

Detailed Solution for Test: Legal Aptitude- 1 - Question 23

The President of India is the chief executive head of the Union and he is the integral part of the Parliament. He exercises executive functions and several legislative and judicial functions. The Constitution empowers the president to grant Parsons to persons who have been tried and convicted of any offence in all cases where the:

1. Punishment or sentence is for an offence against a Union Law;

2. Punishment is by a court martial.

3. Sentence is sentence of death. 

This power includes Pardon, Commutation, Remission, Respite and Reprieve.

Test: Legal Aptitude- 1 - Question 24

Assertion: The principle of equality before law means that there should be equality of treatment under equal circumstances

Reason: All persons are not equal by nature, attainment or circumstances

Test: Legal Aptitude- 1 - Question 25

Assertion: An accused person cannot be compelled to give his thumb impression.

Reason: An accused person cannot be compelled to eb a witness against himself

Test: Legal Aptitude- 1 - Question 26

The structure of the Indian constitution is

Test: Legal Aptitude- 1 - Question 27

The president of India has the power to declare emergency under Art. 352 on which of the following grounds?

1.War

2.Internal disturbance

3.External aggression

4.Armed rebellion

Select the correct answer using the codes given below:

Codes:

Test: Legal Aptitude- 1 - Question 28

Principle: Every person has a right to defend his own person, property or possession against an immediate harm, and to that end, may use reasonable amount of force.

Situation: Mr Rajesh was passing by Mrs Saxena's house. At that time, Mrs Saxena's dog ran out and bit Mr Rajesh's overcoat. Mr Rajesh turned around and raised the pistol at shot at the dog when the dog was running away. Mr Rajesh. knew that the dog had attacked so many other people in that locality of Jammu.

Mrs Saxena claims that her dog was of a rare breed and it was worth Rs. 5000. She is planning to bring a legal action against Mr Rajesh for compensation.

Test: Legal Aptitude- 1 - Question 29

Principle: A person cannot complain against a harm to which he has voluntarily consented. Precautions can be taken only against reasonably foreseeable mishaps.

Situation: At an athletic meet, during a hammer throw, the hammer came apart and hit a middle distance runner who was sitting 10 meters outside the throwing area. The runner sustained severe injuries on the head and neck. The runner filed a suit for damages. The standard precautions were taken for throwing the 7 kg hammer. The runner

(i) would be able to recover because the organizers had failed to keep the equipment in good condition.
(ii) would not be able to recover because the injuries were caused in a freak accident.
(iii) would not be able to recover because she had agreed to participate in the sports meet with all the expectant risks.
(iv) would not be able to recover because the accident was not reasonably foreseeable

Test: Legal Aptitude- 1 - Question 30

Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected.

Give the appropriate answer-

Test: Legal Aptitude- 1 - Question 31

Principal A person has no legal remedy for an injury caused by an act to which he has consented

Facts: ‘R’, a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits ‘R’ on his body and injures him. He sues IPL for compensation for the medical expenses.

Test: Legal Aptitude- 1 - Question 32

Principle: Vicarious liability is the liability the Master or Principal for the tort committed in the course of employment. The wrongs of the servant/agent

Facts ‘X’ hands over some cash money at his house to ‘Y’, who is his (X’s) neighbor and is also cashier in a bank, to be deposited in A’s account in the bank. Instead of depositing the money, ‘Y’ misappropriates it.

Test: Legal Aptitude- 1 - Question 33

Principle: Damage without the violation of a legal right is not actionable in a court of law. It the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant’s own lawful rights, no action should lie.

Facts There was an Established School (‘ES’) in a particular locality. Subsequently, a New school (‘NS’) was set up in the same locality, which charged lower fees, on account of which people started patronizing the new school. Because of the competition, ‘ES’ had to reduce its fees. ‘ES’ filed a case against ‘NS’ saying that ‘NS’ has caused it (‘ES’) financial loss and thus claimed compensation

Test: Legal Aptitude- 1 - Question 34

Principle: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm and may recover damages (compensation).

Facts ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take to take A’s vote. Inspite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But ‘A’ brought an action for damages.

Test: Legal Aptitude- 1 - Question 35

Principal In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden. 

Facts  ‘D’ who was the editor of a local weekly, published a series of articles mentioning that ‘P’ who was a government servant, issued false certificates, accepted bribe adopted corrupt and illegal means to mint money and was a ‘mischief monger’. ‘P’ brought a civil action against ‘D’, who could not prove the facts published by him. 

Detailed Solution for Test: Legal Aptitude- 1 - Question 35

The correct option is A.
A defamation as a tort is only wrong if the defamation is of a nature which harms the reputation of a person who is alive. The term "defamation" is an all- encompassing term that covers any statement that hurts someone's reputation. One of the essential elements for someone to successfully sue another for defamation is the requirement that the statement be false. If the statement is true, there is no liability and there can be no recovery. According to common law, the burden of proof relative to the truth or falsity of a statement is on the defendant.
In the above case D would be liable as he could not prove the facts published by him.

Test: Legal Aptitude- 1 - Question 36

Supreme court as a court of record under Art. 129 means

Detailed Solution for Test: Legal Aptitude- 1 - Question 36

Article 129 of the Constitution of India declares Supreme Court to be a court of record. As a Court of record it has two powers:

1) The judgment, proceedings, and acts of the supreme court are recorded for permanent memory and testimony and these records can be produced before any court because they have evidentiary value and they cannot be questioned. 

2) It has the power to punish for its contempt (insult) either with simple imprisonment for 6 months of the term or with a fine.

Test: Legal Aptitude- 1 - Question 37

Besides its permanent seat at Delhi, the Supreme Court can also meet at

Test: Legal Aptitude- 1 - Question 38

Who is appointed as an adhoc judge of the Supreme Court?

Detailed Solution for Test: Legal Aptitude- 1 - Question 38

The correct answer is Only the persons who are qualified to be appointed as Judge of the Supreme Court can be appointed as ad hoc judge of the Supreme Court.

Test: Legal Aptitude- 1 - Question 39

Which of the following is covered under the original jurisdiction of the Supreme Court?

Test: Legal Aptitude- 1 - Question 40

The cases involving an interpretation of the Constitution fall within the

Test: Legal Aptitude- 1 - Question 41

Who was the first president of constituent assembly?

Test: Legal Aptitude- 1 - Question 42

A company is an

Test: Legal Aptitude- 1 - Question 43

The constituent assembly which framed the constitution for independent India was set up in…………….              

Test: Legal Aptitude- 1 - Question 44

Which part of the constitution reflects the vision and the aims of the founding fathers and states the goals before the nation?

Detailed Solution for Test: Legal Aptitude- 1 - Question 44

The correct option is B.
The preamble embodies the basic philosophy and fundamental values: political, moral and religious- on which the constitution is based. It contains the grand and noble vision of the constituent assembly, and reflects the dreams and aspirations of the founding fathers of the constitution.

Test: Legal Aptitude- 1 - Question 45

Debates over issues of public interests are held during……………………

Test: Legal Aptitude- 1 - Question 46

Maintenance of public property is a………………..

Test: Legal Aptitude- 1 - Question 47

The united nation organization (UNO) was formed in the year:

Test: Legal Aptitude- 1 - Question 48

The term ‘fourth estate’ is used for:

Test: Legal Aptitude- 1 - Question 49

In an election electioneering has to be stopped ………………….. before starting the polling.

Test: Legal Aptitude- 1 - Question 50

First attorney general of India is

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