Legal Studies: CUET Mock Test - 4 - Humanities/Arts MCQ

The Bar Council of India was established by the parliament under the Advocates Act, 1961. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the Bar Council. Different countries across the world allow advertising by lawyers to varying degrees. The position in the USA is different from that in India, where lawyers have a right to advertise but subject to reasonable restrictions. Countries like the USA, the UK and France are more flexible with granting permission for legal ads, whereas Hong Kong, Singapore and Malaysia are moving towards progressive relaxation.
Therefore, option A is the answer.

In 1789, at the beginning of the French Revolution, the National Constituent Assembly of France adopted the French Declaration of the Rights of Man and of the Citizen, which, drawing upon the United States ideals of human rights, laid the foundation of human rights principles still valid in the present French Constitution. The French Declaration stated in its first two clauses: "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression."

In 1776, when United States of America was formed as a new nation, it adopted the 1776 American Declaration of Independence which included in its preamble the human rights values. Again in 1789, at the beginning of the French Revolution, the National Constituent Assembly of France adopted the French Declaration of the Rights of Man and of the Citizen, which, drawing upon the United States ideals of human rights, laid the foundation of human rights principles still valid in the present French Constitution.

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

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. The position in the USA is different from that in India, where lawyers have a right to advertise but subject to reasonable restrictions. Lawyers in the USA can provide information about class actions, can approach clients by handing out business cards and can advertise on internet forums. For class actions, solicitation through referrals is permissible, newspaper and magazine ads and even mass emails are permitted as long as they are not misleading, and no financial incentive is promised. Personal injury ads are commonplace in the USA. Often known as 'ambulance chasers', these personal injury lawyers are robust in their advertising - on billboards, in newspapers, on flyers, and even distasteful ads on the television.

Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court. It consists of a sitting or retired judicial officer and other persons.

Municipal law cannot serve as a defence to a breach of international law, i.e. you cannot use a domestic law to justify the breach of an international one. Neither can one say that their consent to a treaty has been invalidated by way of a change of its municipal law. The provisions of international law are often used to supplement various propositions of the domestic law when they are both concurrent with each other. However, whenever there is a dispute between international and domestic law, supremacy of either depends mainly on the forum, i.e. where the case is being contested. International forums generally give preference to treaty law and other international sources whereas domestic forums give preference to statutes of the jurisdiction.

Clause (3) of Article 20 of the Indian Constitution, 1950 provides that 'No person accused of any offence shall be compelled to be a witness against himself'. This principle is espoused on the maxim 'nemo teneteur prodre accussare seipsum', which essentially means 'no man is bound to accuse himself'. Judiciary acts as a guardian of fundamental rights as the citizens have a right to approach the courts to seek remedy in case of any violation of their rights. In recent years, the Courts have given several judgements and directives to protect public interest and human rights.

Originally the age of the retirement of the Judges of the High Courts was fixed at 60, but it was raised to 62 in 1963 according to the 15th amendment of the Constitution. Supreme Court Judges retire at the age of 65.

The Bar Council of India was established by Parliament under the Advocates Act, 1961. The regulatory and representative mandate of the Bar Council for the legal profession and legal education in India is reflected by its statutory functions which, among others, include to lay down standards of professional conduct and etiquette for advocates.

Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself." It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.

When two parties enter into an agreement upon the condition that the first party will pay a fixed sum of money to the second party on the happening of an uncertain future event and the second party will pay the first party when the event does not happen, it is called a wagering agreement. The following are the essentials of a wagering agreement:

• It must be dependent on an uncertain event.
• There must be a mutual chance of gain or loss.
• Neither of the parties must have control over the event.

It must have no other interest other than the stake.
Thus, from the above explanation, it is clear that in the given situation, the agreement between Raman and Sohan is a wagering agreement.

The Universal Declaration of Human Rights is an ideal standard held in common by nations around the world, but it bears no force of law. Thus, from 1948 to 1966, the UN Human Rights Commission's main task was to create a body of international human rights law based on the Declaration, and to establish the mechanisms needed to enforce its implementation and use. The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international laws in 1976. Together with the Universal Declaration of Human Rights, these two covenants comprise what is known as the International Bill of Human Rights. The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for all people and forbid discrimination.

Property rights die with the land and they do not continue for an indefinite period (perpetuity). Therefore, all his rights died when the school got deteriorated during the landslide. Thus, option A is the correct answer.

Both the Supreme Court and High Courts have power to issue writs for the enforcement of fundamental rights under Articles 32 and 226, respectively. The High Court can issue writs for the legal rights as well, while the Supreme Court can issue only for the fundamental rights. Thus, the Supreme Court's power to issue writs is narrower than that of High Courts. The Supreme Court recognised the basic structure concept for the first time in the historic Kesavananda Bharati case in 1973. Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by Parliament.

The passage makes it clear that privacy as a concept has been long under deliberation in Indian jurisprudence.

If the investigative agency is given power to tap whichever phone they want at the investigative stage without justification, it risks arbitrary action, violating the right to privacy as per the passage.

The passage and question do not indicate whether the violation is unjustified. The law must be checked to determine if it meets the three-pronged test for a justified restriction on privacy.

Phones are essential for private conversations, and tapping them without justification constitutes a violation of the fundamental right to privacy as per the passage.

All of the above given statements are supported by the passage: "The Supreme Court confirmed that the right to privacy is a fundamental right ... It held that the State can impose restrictions on the right to privacy to protect legitimate State interests ..."

A) Judicial Review ensures fairness in executive actions by allowing courts to review government decisions.
B) Separation of Powers creates checks and balances between the government branches.
C) Impeachment of Judges is the process for removing judges for proven misbehaviour.
D) Public Interest Litigation (PIL) provides a mechanism for citizens to approach courts for social change.

• Trespass to Land can be remedied by removing the person from the property or issuing an injunction.
• Battery involves compensating the victim for physical harm caused.
• Defamation involves compensating for the damage to reputation or business.
• Negligence results in compensation for the harm caused by the defendant’s carelessness.

• Vakil: Native legal practitioners who had certain qualifications to practice law in High Courts.
• Solicitors: They prepared cases but did not argue them in court before the Advocates Act of 1961.
• Barristers: Barristers were foreign-trained and permitted to practice law in the Supreme Court of India.
• Advocates: Advocates are the primary legal professionals in India who can argue cases in any court.

• Access to Justice: Stresses that everyone, regardless of their economic status, should have the ability to access legal aid.
• Equality Before the Law: Ensures that all individuals are treated equally in the legal system, irrespective of their status.
• Legal Aid as a Human Right: Recognizes that legal aid is essential for the realization of other human rights.
• State Responsibility for Legal Aid: Emphasizes that the state must provide legal aid to those unable to afford it.

Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The hopes and aspirations of the people as well as the ideals before our nation are described in the preamble in clear words. It may be considered as the heart and soul of Constitution. The Supreme Court opined that the Preamble is an integral part of the constitution and is not enforceable. On the question whether the Preamble can be amended the Supreme Court in the landmark judgment of Kesavananda Bharati held that since the Preamble is the part of the Constitution, it can be amended but subject to the condition that the basic feature in the Preamble cannot be amended.

The National Law School of India University is a public law school and a National Law University located in Bangalore, Karnataka. It was the first National Law University to be established in India as well as one of the first in the country to offer the five-year integrated undergraduate law degree, post graduate law degree, and doctorate law degree. Out of the given options, Professor N. R. Madhava Menon was instrumental in the setting up of the first National Law School in Bangalore.

Ombudsman is etymologically rooted in the word umboêsmaêr, essentially meaning ´representative'.
Whether appointed by a legislature, the executive, or an organization, the typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing.

It is a Latin maxim which means 'a gift given on death bed.' The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective on death but remains revocable until that time. A gift causa mortis is not effective unless the donor dies of the impending peril that he or she had contemplated when making the gift, i.e. these gifts can only be made when the donor is in a terminal condition.

The principle of Ex turpi causa non oritur actio means:

• An action cannot arise from a dishonourable cause.
• This principle prevents someone from pursuing a legal claim if it is founded on their own illegal or immoral act.
• It ensures that the legal system is not used to resolve disputes that originate from unlawful actions.

The state authority is responsible for giving effect to the policy and directions of the Central Authority.
The state authority shall perform all or any of the following functions, namely-
(a) Give legal service to persons who satisfy the criteria laid down under this Act,
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases,
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the state authority may in consultation with the central authority, fix by regulations.
Co-ordinating the activities of the Taluk Legal Services Committee and other legal services is the function of the district authority.