Legal Studies: CUET Mock Test - 2 - CUET Humanities MCQ

Accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. There is no criminal element i.e. the person must not only actively perform the act (actus anus), but also possess the guilty intention (mens rea) required for the commission of such offence. Thus, none of the above is the correct answer option.

Exception of insanity excludes a person from criminal liability as a result of unsoundness of mind if, at the time of the commission of the offence, the person was incapable of knowing the nature of his acts and that his actions were wrong or contrary to law. Therefore, Abhi would be held liable under mens rea, as he was sane while performing the tort.

The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily and he would be held liable for it under Section 86.

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 1 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.'

Law schools in the US confer the degree of Juris Doctor (J.D.), which is a professional doctorate. It is the degree usually required to practice law in the United States, and the final degree obtained by most practitioners in the field. Juris Doctor programs at law schools are usually three-year programs if done full-time, or four-year programs if done via evening classes. Some US law schools include an Accelerated JD program.

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.

Caveat emptor, in Latin means 'let the buyer beware'. In the law of commercial transactions, it refers to the principle that the buyer purchases at his own risk in the absence of an express warranty in the contract.

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 15^th 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 Supreme Court of India came into being on 28 January, 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were at the apex of the Indian court system, under the colonial era. The Constitution of India as it stood in 1950 envisaged a Supreme Court with a Chief Justice and 7 Judges.

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 1 is the correct answer.

By virtue of Section 83 of IPC, a person under the age of twelve, but above the age of seven is not criminally liable for any offence committed, provided such child has not attained maturity of understanding to know that he ought not to do the act or make the omission. Therefore, Arya would be exempted under the general exceptions.

He will not be liable as alcohol was administered to him without his will and knowledge.
The provision for intoxication is stipulated under sections 85 and 86 of the IPC. The difference between these sections is that in the former, a person is intoxicated involuntarily. In the latter, a person is intoxicated voluntarily. Section 85 clearly states that Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Every person who has to file or defend a case shall be entitled to legal services under The Legal Services Authorities Act of 1987 Act if that person is -
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred in article 23 of the Constitution;
(c) A woman or a child;
(d) A person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987.
The Act renders a helping hand to all those categories of citizens mentioned above.

The Act recognizes only one class of practitioners, that is, Advocates. After the enactment of the Advocates Act ,1961 all the old categories of practitioners (vakils, barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a single category called "Advocates" who enjoy the right to practice in courts throughout India.

The specific legislation called the Protection of Human Rights Act was enacted by the Parliament in 1993, which in turn established the National Human Rights Commission as an independent institution with powers and functions to promote and protect human rights. The National Commission is headed by the Chairperson who is a former Chief Justice of the Supreme Court. The other members of Commission are- one member who is a former judge of the Supreme Court, another member who is present or former Chief Justice of a High Court, and two other members with knowledge or experience in matters relating to human rights. Besides, there is a Secretary-General who is the Chief Executive Officer of the Commission. There is no provision which madates the appointment of a woman as a member of the Commission. The National Commission is based in New Delhi.

Winning of lottery is uncertain. The sale can be made only for price paid or promised or part-paid and part-promised. Hence, it is invalid.

Clause 2 of Article 124 of the Indian Constitution states, 'Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.'
Clause 1 of Article 217 states, 'Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India and the Governor of the State.'
Clause 1 of Article 233 states, 'Appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.'

There are 17 National Law Schools in India, 14 of which have a common entrance test - CLAT (Common Law Admission Test) which tests logical reasoning, legal reasoning, English and comprehension, legal knowledge and general knowledge. National Law University, Jodhpur is one among these. So, Rashid will have to take CLAT if he wants to pursue 5 year integrated BA LLB programme from National Law University, Jodhpur.

A Senior Advocate, is an advocate who has been officially designated as such by either the Supreme Court or the High Court. A Senior Advocate cannot file a vakalathnama, appear in the Court without another advocate or advocate-on-record, cannot directly accept an engagement to appear in a case or draft pleadings. Senior Advocates wear gowns that have flaps on the shoulders.

National Commission for Minorities Act, 1992 was enacted by the Parliament to create the National Commission for Minorities to safeguard the human rights of minorities including protection against inequality and discrimination. The National Minorities Commission consists of a Chairperson, a Vice-Chairperson and five other members who are nominated by the Central Government from amongst the minority communities who are persons of eminence, ability, and integrity.