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Legal Studies: CUET Mock Test - 1 - CUET Humanities MCQ


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40 Questions MCQ Test Legal Studies Practice Tests: CUET Preparation - Legal Studies: CUET Mock Test - 1

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Legal Studies: CUET Mock Test - 1 - Question 1

With regard to Zonal Councils, consider the following statements:

  1. The Zonal Councils are statutory bodies.
  2. They are established by an Act of the Parliament, that is, States Reorganisation Act 1956.
  3. North-Eastern Council was created under the States Reorganisation Act 1956.

Which of the statements given above is/are correct?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 1
  • The Zonal Councils are the statutory bodies. So, statement 1 is correct.
  • They are established by an Act of the Parliament, that is, States Reorganisation Act 1956. So, statement 2 is correct.
  • North-Eastern Council was created by a separate Act of Parliament, i.e the North-Eastern Council Act 1971. So, statement 3 is false.
Legal Studies: CUET Mock Test - 1 - Question 2

The following question consists of four statements, labeled as A, B, C, and D. You are to examine these statements carefully and select the best option for answer.
A. Attorney-General of India is qualified to be appointed as a judge of the high court.
B. Attorney-General represents Government of India in the Supreme Court.
C. Appointment of the Attorney-General is political in nature.
D. Attorney-General is appointed on the basis of professional competence.
Decide correct statement(s):

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 2

The Attorney-General is required to represent on behalf of the Government of India in all cases in the Supreme Court of India in which the Government of India is concerned. He is qualified to be appointed as a judge of the Supreme Court as well as High Courts. In India, Attorney-General is appointed on the basis of professional competence, not on political considerations. He is a non-party man who is appointed because of his competence as a lawyer and he is not a member of the Cabinet.

Legal Studies: CUET Mock Test - 1 - Question 3

Any proceedings for removal of a judge of any High Court in India may be initiated only by

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 3

Article 124: A judge shall not be removed by the President unless 2/3 of members presenting and voting in the Parliament voted for removal of judge in the Parliament after an address with regard to removal of such judge. Such a removal must be after addressing in each House of the Parliament, i.e. Lok Sabha and Rajya Sabha, and the majority of voting must be 2/3 by adding votes of both the Houses of the Parliament.

Legal Studies: CUET Mock Test - 1 - Question 4

The term "intellectual property rights" covers:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 4

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognise more than others. Intellectual property rights include patents, copyrights, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and, in some jurisdictions, trade secrets.

Legal Studies: CUET Mock Test - 1 - Question 5

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A coolie in uniform picks up the luggage of S to be carried out of the railway station without being asked by A, and S does not stop him as well. Examine whether the coolie is entitled to receive money from S under the Indian Contract Act, 1872.

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

Implied contracts come into existence by implication. Most often the implication is by law and or by action. Section 9 of the Indian Contract Act, 1872 contemplates such implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
In the present case, it is an implied contract and S must pay for the services of the coolie.

Legal Studies: CUET Mock Test - 1 - Question 6

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Aman contracts to repair Bir's house in a certain way and receives the money in advance. Aman repairs the house but not according to the contract. Is Bir entitled to recover the cost of making the repairs?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 6

Aman contracts to repair Bir's house in a certain manner, and receives payment in advance. Aman repairs the house but not according to the contract. Bir is entitled to recover from Aman the cost of making the repairs for not conforming to the contract. This gets support from the passage; refer to Section 73 of the Indian Contract Act.

Legal Studies: CUET Mock Test - 1 - Question 7

Directions: In this question, one or more principles are followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the correct option accordingly.
Principle: It is the duty of manufacturer to give adequate warning about the dangerous nature of substance.
Facts: Sohanlal & Co. prepared a special kind of liquid medicine for diabetic patients, which was inflammable at room temperature. It was clearly mentioned over the cover of medicine and on the bottle in black and bold letters that the contents inside are inflammable at room temperature. Roshan purchased the medicine for his wife and took it to his house. The liquid medicine exploded and caused injuries to Roshan and his wife. He decided to sue the company.
Decide.

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

It is clearly mentioned on the cover of the medicine that the liquid is inflammable at room temperature. Hence, the company had given adequate warning about the injurious nature of the liquid, which makes the company not liable for any damage caused to Roshan and his wife.

Legal Studies: CUET Mock Test - 1 - Question 8

Indian Evidence Act came into force in

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

Indian Evidence Act was passed by the British Parliament in 1872 that set forth the rules of evidence admissible in Indian Courts and that had far reaching consequences for the traditional systems of caste government in India. The Act came into force on the first day of September 1872. The Indian Evidence Act framed in 1872 has been amended only once in the year 2000.

Legal Studies: CUET Mock Test - 1 - Question 9

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 - 1 - Question 9

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.

Legal Studies: CUET Mock Test - 1 - Question 10

'The Lokpal and Lokayukta Act, 2013 aims to combat acts of bribery and corruption of public servants - a term that has been given a fairly wide interpretation in the Act.' As per the legislation, an enquiry of corruption can be initiated against which of the following persons?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 10

The institutions of Lokpal and Lokayukta were given formal recognition by the passing of the Lokpal and Lokayukta Act, 2013. The legislation aims to combat acts of bribery and corruption of public servants. The Act applies to the public servants in and outside India. The Act includes in its purview even the current and ex-prime ministers of India except in matters pertaining to international relations, external and internal security, public order, atomic energy and space. Besides the prime minister, it brings within its purview any person who is or has been a minister of the union and any person who is or has been a member of either house of parliament. The Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either house of parliament in respect of anything said or a vote given by him/her in parliament or any committee thereof covered under the provisions contained in Clause (2) of Article 105 of the Constitution.

Legal Studies: CUET Mock Test - 1 - Question 11

Which of the following is/are among the early human rights laws?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 11

The modern concept of human rights emerged from the Western politics and philosophy. The English legal documents of Magna Carta of 1215 and the English Bill of Rights of 1689 are some of the earliest examples of the human rights laws. The Magna Carta of 1215 was an agreement between the English King John and the barons who were unhappy about the taxation policies of the Monarch. The English Bill of Rights of 1689 was an agreement between the Parliament and the King that prevented the latter from abusing the protestants.

Legal Studies: CUET Mock Test - 1 - Question 12

When was the Convention on the Rights of the Child adopted by the UN General Assembly?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 12

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. The UN General Assembly adopted the Convention and opened it for signature on November 20, 1989 (the 30th anniversary of its Declaration of the Rights of the Child). It came into force on September 2, 1990, after it was ratified by the required number of nations.

Legal Studies: CUET Mock Test - 1 - Question 13

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principles:

  1. The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by the state even by law.
  2. For violation of fundamental rights, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form an association that implies the right to join an association or not to join such an association.

Facts: Mohindera and Mohindera was a prominent company in North India which sold many SUVs, cars and JCBs along with other vehicles. The company opened an office in Lucknow, Uttar Pradesh, and started hiring people for various posts; but they kept a condition that the employees they hire must join the Mohindera Employees' Association, which was a group for Mohindera employees. Mr. Suresh refused to do so and filed a case under Article 226 in the High Court.
Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 13

It's entirely Suresh's right to choose whether he wishes to join any association or not. He cannot be forced into it. So, the fourth option is the correct answer. It should be noted that the right to join an association also includes not to join an association.

Legal Studies: CUET Mock Test - 1 - Question 14

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: All citizens shall have the right to freedom of speech and expression subject to reasonable restrictions.
Facts: Rajan Mishra is a politician-turned-writer. He wrote an autobiography on his experience in the field of politics. In his work, he criticised the actions of some state officials in power. Raghav Singh, one of the state officials, who is also the Chief Minister of Bimar Pradesh, banned the release of the book in Bimar Pradesh and in a speech asked other fellow politicians to do the same. Rajan Mishra moved to the SC alleging that banning the book was the violation of his fundamental right to freedom of speech and expression.
Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 14

In the given case, Rajan shared his experience in the field of politics and was critical of some the actions of some state officials in power. According to the given principle, as every citizen had the right to freedom of speech and expression, so Rajan was justified in expressing his views through his autobiography. Moreover, banning the book is not covered under reasonable restrictions as it is not done in public interest. Thus, option 3 is the correct answer.

Legal Studies: CUET Mock Test - 1 - Question 15

Directions: Arrange the following commissions in the chronological order of establishment.
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 15

The first Commission for Scheduled Castes and Scheduled Tribes was set up in August 1978 with Bhola Paswan Shastri as Chairman and other four members. Members of the commission include a chairman, a vice chairman and four other members. It was set up as a national level advisory body to advise the government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes.
The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. It was established in 31 January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act. The first head of the commission was Jayanti Patnaik.
The National Human Rights Commission (NHRC) of India is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. The NHRC is the National Human Rights Commission of India, responsible for the protection and promotion of human rights, defined by the Act as "Rights Relating to Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".
The first National Commission for Scheduled Castes was constituted in 2004 with Suraj Bhan as the chairman to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.

Legal Studies: CUET Mock Test - 1 - Question 16

With reference to Pleaders, which of the given statements is incorrect?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 16

Law graduates who did not possess the additional qualification for enrolment as Vakil of the High Court and non-law graduates who could pass the pleadership examination held by the High Court were given certificates enabling them to act and plead as pleaders in the District and Subordinate Courts. The pleaders had entry into the High Court only after gaining an experience of a certain number of years as pleaders. There were different grades of pleaders as well. This class of practitioners also does not exist today in Indian courts.

Legal Studies: CUET Mock Test - 1 - Question 17

The chairman of Bar Council of India is elected from among its members, ordinarily for a period of

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 17

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 are ex-officio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own chairman and vice-chairman for a period of two years from amongst its members.

Legal Studies: CUET Mock Test - 1 - Question 18

Which is the correct statement with regard to the professional ethics of a lawyer?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 18

It is settled law that it is unprofessional as well as unbecoming for a lawyer who has accepted a brief to refuse to attend Court even in pursuance of a call for strike or boycott by the Bar Association or the Bar Council. It is settled law that Courts are under an obligation to hear and decide cases brought before them and cannot adjourn matters merely because lawyers are on strike. As an officer of the Court the lawyer is, therefore, bound to uphold the dignity and integrity of the Court; to exercise at all times respect for the Court in both words and actions; to present all matters relating to his client's case openly, being careful to avoid any attempt to exert private influence upon either the judge or the jury. Thus, 'all of the above' is the correct answer option.

Legal Studies: CUET Mock Test - 1 - Question 19

Which Act recognised the eligibility of women to practise as legal practitioners in India?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 19

The Legal Practitioners (Women) Act was finally passed in 1923, removing the disqualification affirming that 'no woman shall, by reason only of her sex, be disqualified from being admitted or enrolled as a legal practitioner or from practising as such'.

Legal Studies: CUET Mock Test - 1 - Question 20

'Our judicature moulded by Anglo-American models and our judicial process, engineered by kindred legal technology, compel the collaboration of lawyer power or steering the wheels of equal justice under the law.' This was observed in the case of:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 20

The above observations were made in the case of M. H. Hoskot v State of Maharashtra. It is the first case where the right to free legal aid was discussed and concluded that it is important to aware the poor people with their Constitutional and Statutory rights.

Legal Studies: CUET Mock Test - 1 - Question 21

Indian Constitution empowers the Supreme Court to frame its rules for regulating the practice and procedure of the court. Which article of the constitution provides for the same?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 21

The Constitution of India under Article 145 empowers the Supreme Court to frame its own rules for regulating the practice and procedure of the court as and when required (with the approval of the President of India).

Legal Studies: CUET Mock Test - 1 - Question 22

Directions: Consider the statements and choose the correct answer.
(A) CJI can appoint duly qualified person as additional judge of HC.
(R) Appointment of additional judge is made due to temporary increase in business of house.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 22

Only statement (R) is correct. With temporary increase in business of court, the President can appoint duly qualified persons as additional judge of HC as per Article 224 of the Constitution for a period not exceeding 2 years.

Legal Studies: CUET Mock Test - 1 - Question 23

In view of Doctrine of Judicial Review, which of the following are true?

  1. It is the basic structure feature of Indian Constitution.
  2. The power of judicial review can be curtailed through constitutional amendment.
  3. It tests the constitutionality of legislative acts.
Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 23

Judicial review is part of basic structure of Indian constitution which examines the constitutionality of legislative enactments. As the power of judicial review is one of the basic features of the Constitution, any legislation cannot override or curtail this power. Moreover, it has been ruled by the Supreme Court in various cases that the basic structure cannot be amended. So, option 3 is the correct answer.

Legal Studies: CUET Mock Test - 1 - Question 24

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Ramaswami proposed to sell his house to Ramanathan. Ramanathan sent his acceptance by post. Next day, Ramanathan sent a telegram withdrawing his acceptance. The telegram of revocation of acceptance was received by Ramaswami before the letter of acceptance.
In the light of the above situation, examine the validity of the acceptance according to the Indian Contract Act, 1872.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 24

The problem is related with the communication and time of acceptance and its revocation. Refer to the part in the passage, "As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards."

Legal Studies: CUET Mock Test - 1 - Question 25

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A student was induced by his teacher to sell his brand new car to the latter at less than the market price to secure more marks in the examination. Accordingly, the car was sold. However, the father of the student persuaded him to sue his teacher. Can the student sue the teacher?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 25

The student can sue his teacher on the ground of undue influence under the provisions of Indian Contract Act, 1872. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.

Legal Studies: CUET Mock Test - 1 - Question 26

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A husband formed and registered an agreement with his wife that he will give his earnings to her but later denied to fulfil his promise arguing that he was not getting any consideration for the same. As per the passage, is the argument by the husband legally valid?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 26

Refer to the part in the passage, 'Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc.'

Legal Studies: CUET Mock Test - 1 - Question 27

Directions: In this question, one or more principle(s) is/are given and is/are followed by fact(s). Read the principle(s) carefully and apply it/them to the given fact(s) and choose the most appropriate option.
Principle 1: Whoever, intending to take dishonestly 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.
Principle 2: Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates 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.

Q. Facts: Ramlal, going on pilgrimage to Ayodhya, entrusts his gold plate to Arunesh, the keeper of a warehouse, till Ramlal shall return. Arunesh carries the plate to a goldsmith and sells it.
What offence has been committed by Arunesh, if any?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 27

Arunesh was entrusted with the gold plate and he misappropriated it to his own use, so he committed the offence of criminal breach of trust.

Legal Studies: CUET Mock Test - 1 - Question 28

Assertion (A): In an inquisitorial system, the judge takes centre stage in dispensing justice.
Reason (R): The judge determines facts and issues in dispute.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 28

In the inquisitorial system of law, judges are more pro-active in adjudicating the matter. Rather than acting as neutral judges, they have rights to inquire and probe into the matter, much like the police. The judge/decision maker also decides the manner in which the evidence must be presented before the court. For example, the judge may decide for presentation of a specific form of evidence, i.e. oral (witness statement) or documentary (correspondence between the parties through letters/emails) or a combination of both. The judge then evaluates the evidence presented before him/her and decides upon the legal claims. Therefore, this model of adjudication is also known as the interventionist/investigative model.

Legal Studies: CUET Mock Test - 1 - Question 29

Abhishek and Ankita were involved in a business where a dispute arose and the same was referred to arbitration. The award given by the arbitrator was in the form of a wager. Identify the ground on which the award can be set aside:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 29

A wager is opposed to public policy, so the award can be set aside on the ground of violation of public policy. An arbitral award rendered in an arbitration may be struck down or invalidated by the courts. The grounds of such invalidation are limited to: incapacity of a party to enter into arbitration agreement in the first place, improper appointment of arbitrator, dispute falling outside the terms of the arbitration agreement, bias on the part of arbitrator, award violating public policy at large.

Legal Studies: CUET Mock Test - 1 - Question 30

Gopal is a neighbour of Pankaj. Gopal hangs wet clothes on his balcony and the dripping water spoils the clothes of Pankaj. This situation leads to a fight between the two. How can the dispute be best resolved between the two parties?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 30

The dispute between Gopal and Pankaj can be best resolved by mediation as this alternative dispute resolution method doesn't require any advice from third parties or individuals like in conciliation and binding settlement in Arbitration methods, requiring to submit arguments and evidence.

Legal Studies: CUET Mock Test - 1 - Question 31

'The state of Nature has a law of Nature to govern it, which obliges everyone and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions.' This is a quote by

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 31

Western thinkers influenced the definition of human rights like, John Locke, Jean-Jacques Rousseau, and Thomas Paine. The above lines were quoted by John Locke, who was one of the greatest philosophers in Europe at the end of the seventeenth century.

Legal Studies: CUET Mock Test - 1 - Question 32

Match List - I with List - II and select the correct answer with the help of codes given below:

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 32
  • The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
  • Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
  • Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector.
Legal Studies: CUET Mock Test - 1 - Question 33

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principle: No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
Facts: Junaid was a boy of a Muslim family and son of Mr. Ajiz Khan. He went to the school nearby called St. Barbosa. The school had predominantly the students coming from the Christian religion. In the morning assembly, the students were asked to sing hymns of Bible and other Christian literature praising Lord Jesus. Junaid was reluctant to do so, and he was punished for that. His father sued the school.
Decide.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 33

It is not given whether the school is private or government aided. So, the correct answer is the fourth one.

Legal Studies: CUET Mock Test - 1 - Question 34

On what ground(s) can the National Commission for Minorities refuse to admit a complaint?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 34

The Union Government set up the National Commission for Minorities under the National Commission for Minorities Act, 1992. The National Commission for Minorities is vested with powers of a civil court. There are many grounds on which the Commission typically declines admitting the complaint. Firstly, it does not entertain or admit cases or complaints that do not relate to Minority status or rights. Secondly, the complaint should not be pending before another court or commission, i.e., matters that are sub judice. Thirdly, where the complainant has not availed of other ordinary judicial/quasi-judicial/administrative institutions that are available for redressal, the Commission does not admit such matters unless the complainant has reasonable justification. Fourthly, the complaint should not relate to events that are more than one-year old. Fifthly, the complaint should not be vague, anonymous, pseudonymous or frivolous. Lastly, the Commission does not entertain complaints that are not directly addressed to it.

Legal Studies: CUET Mock Test - 1 - Question 35

The functions of a State Council include:
A. Organising legal aid
B. Regulating the content and syllabus of the law degree
C. Determining the cases of misconduct against advocates

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 35

The Advocates Act has created a State Bar Council in each state. The functions of the State Council include admitting law students on its roll, determining cases of misconduct against advocates, and organising legal aid.
The regulation of the syllabus and content of the law degree comes under the Bar Council of India.

Legal Studies: CUET Mock Test - 1 - Question 36

Which of the following is/are true with respect to enrolment as an advocate in India?
I. The person must possess LLB degree from any University.
II. The person must be at least 21 years of age.
III. A foreign national cannot be enrolled as an advocate in India under any circumstances.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 36

In order to be eligible for enrolment, an advocate must be: a citizen of India, at least 21 years of age, and must have an LLB degree from an Indian University. A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and his foreign degree may be recognized by the Council for the purpose. In the absence of such reciprocity, foreign nationals cannot practice law in India. The Council has released a list of foreign degrees that it recognizes. There is an additional requirement of an All India Bar Examination since 2010, which advocates must clear in order to be able to start practice.

Legal Studies: CUET Mock Test - 1 - Question 37

Under the amended rules of the Bar Council of India, which of the following information can be put up by the advocates on their chosen websites?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 37

In India advertising by lawyers has been strictly restricted by the Bar Council of India. An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval from the Bar Council of India. However, only 5 pieces of information can be put up on the internet, i.e., (i) the name of the advocate or the firm, (ii) his contact details, (iii) details of enrolment with the Bar, (iv) his professional and academic qualification and (v) his areas of practice.

Legal Studies: CUET Mock Test - 1 - Question 38

Which of the following is/are not the professional duty/duties of an advocate?

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 38
  • The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the Bar Council. The key duties of an advocate can be summarised as follows:
  • An advocate has a duty to act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. In addition, being an office of the Court, an advocate is expected to uphold and maintain the values of the profession.
Legal Studies: CUET Mock Test - 1 - Question 39

Assertion (A): India has ratified the International Covenant on Civil and Political Rights.
Reason (R): International Covenant on Civil and Political Rights contains an explicit provision for legal services.

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 39

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 international obligation to provide free legal assistance as per the requirements of the Covenant.

Legal Studies: CUET Mock Test - 1 - Question 40

Denying free legal aid is

Detailed Solution for Legal Studies: CUET Mock Test - 1 - Question 40

Equal justice and free legal aid is dealt under Article 39A of the Constitution of India. It reads as:
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.
Therefore, denying free legal aid is violation of directive principles.

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