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Legal Studies: CUET Mock Test - 5 - CUET Humanities MCQ


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30 Questions MCQ Test - Legal Studies: CUET Mock Test - 5

Legal Studies: CUET Mock Test - 5 for CUET Humanities 2024 is part of CUET Humanities preparation. The Legal Studies: CUET Mock Test - 5 questions and answers have been prepared according to the CUET Humanities exam syllabus.The Legal Studies: CUET Mock Test - 5 MCQs are made for CUET Humanities 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Legal Studies: CUET Mock Test - 5 below.
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Legal Studies: CUET Mock Test - 5 - Question 1

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
[Extracted with edits and revision from Copyright Ownership: Who Owns What?, article by stanford]

Q. X is a part-time employee of a company called ZMY Infrastructures. X prepares a blueprint design of a building which is very much liked by the managers of the company. However, X has other plans and wants to move to another company with this same design. Can the other company claim copyright over it?

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

It has been stated in the passage that if a work is created by an employee in the course of his or her employment, the employer owns the copyright.

Legal Studies: CUET Mock Test - 5 - Question 2

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
[Extracted with edits and revision from Copyright Ownership: Who Owns What?, article by stanford]

Q. X is an independent contractor. He orally asks Y to create a work for hire. The work will be part of the book which will be published by X. Who is the copyright owner of the work?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 2

On the careful reading of the passage, in contract of work for hire, the contract needs to be written and not oral. Hence, the copyright will remain with Y.

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Legal Studies: CUET Mock Test - 5 - Question 3

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
[Extracted with edits and revision from Copyright Ownership: Who Owns What?, article by stanford]

Q. According to the article, what is the main difference between an author and a copyright holder?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 3

Only option 2 can be inferred from the passage and nothing else. Authorship is not transferable and the copyright is.

Legal Studies: CUET Mock Test - 5 - Question 4

Through which of the following amendments did the Parliament allow itself with unlimited powers of amendments?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 4

Article 13(2) limits Parliament's amending authority in matters of fundamental rights. In order to overcome this restriction, in 1971, the Parliament adopted the 24th Amendment to the Constitution altering Articles 13 and 368 in a way that allowed itself with unlimited powers of amendments including authority to amend the fundamental rights provisions. But, the landmark 1973 Supreme Court case of Keshavanda Bharati v. State of Kerala discussed the question about the unlimited constitutional amendment powers of the Parliament and established the doctrine of the basic structure or feature of the Constitution. This doctrine invalidates any constitutional amendments that destroy or harm a basic or essential feature of the Constitution, like secularism, democracy, and federalism.

Legal Studies: CUET Mock Test - 5 - Question 5

Which of the following statements is/are incorrect?
Statement I: A domestic law can be used to justify the breach of an international one.
Statement II: In case of dispute between International law and domestic law, international law will prevail always.

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

The interplay between municipal and international law is complex. Municipal law cannot serve as a defense 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.

Legal Studies: CUET Mock Test - 5 - Question 6

Which of the following statements is/are incorrect?
Statement I: American Bar Association is the largest voluntary professional body in the world.
Statement II: American Bar Association was founded in the year 1878.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 6

At a federal level, the American Bar Association acts as a voluntary professional body for US lawyers. With over 400,000 members, it is the largest voluntary professional body in the world and has a significant international profile. Members of the legal profession in other countries can become international associates of the ABA. Founded in 1878, the ABA supports the legal profession with practical resources for legal professionals while improving the administration of justice, accrediting law schools, establishing model ethical codes, and more.

Legal Studies: CUET Mock Test - 5 - Question 7

Ajay, after completing his 10+2 exams, wants to get admission in a National Law School. Which of the following entrance tests can he appear for?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 7

There are 17 National Law Schools in India. Out of these, 14 schools 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 School University, Delhi conducts a separate entrance test called the AILET- All India Law Entrance Test, while a number of others law schools in India have adopted the Law School Admission Test (LSAT) conducted by the Law School Admission Council (LSAC), USA. Some other institutions conduct their own separate entrance tests.

Legal Studies: CUET Mock Test - 5 - Question 8

'No one can pass a better title than what he himself has'. This is explained by which of the following maxims?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 8

According to the Latin maxim Nemo Dat Quod Non Habet, which means that no one can transfer a better title than he himself has, only the owner of the goods can pass the lawful ownership or title of goods to the buyer.

Legal Studies: CUET Mock Test - 5 - Question 9

Which of the following judicial decisions provides for cases that cannot be referred to Alternative Dispute Resolution process?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 9

Alternative Dispute Resolution (ADR) system refers to the use of non-adversarial techniques of adjudication of legal disputes. The Supreme Court of India in its judicial decision has expressly clarified the ambit of mediation. According to Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., representative suits, election disputes, criminal offenses, case against specific classes of persons (minors, mentally challenged) have been excluded from the scope of mediation.

Legal Studies: CUET Mock Test - 5 - Question 10

Assertion (A): The complaint mechanism procedure with the National Human Rights Commission is easy and straight forward.
Reason (R): Any one aggrieved of human rights violation or their representatives can lodge a complaint with the National Human Rights Commission.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 10

National Human Rights Commission is an independent institution with powers and functions to promote and protect human rights. The complaint mechanism procedure with the National Human Rights Commission is easy and straight forward. Any one aggrieved of human rights violation or their representatives can lodge a complaint with the Commission in any language. The complaint can be filed online at www.nhrc.nic.in or by paper petition using the complaint format provided on the website. The complaint can be sent either by Post or Fax or through E-mail. There if no fee for filing a complaint.

Legal Studies: CUET Mock Test - 5 - Question 11

Who among the following is the ex-officio member of the State Bar Council?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 11

The Advocates Act has created a State Bar Council in each State with the Advocate General of the State as an ex- officio member, and 15-25 Advocates elected for a period of five years.

Legal Studies: CUET Mock Test - 5 - Question 12

Which of the following statements is/are incorrect?
Statement I - International laws regulate the private, social, commercial and other activities of the individuals.
Statement II - International law governs the conduct of the citizens of a state.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 12

Every state has its own respective laws (domestic laws) which regulate the conduct of its citizens. These laws regulate the private, social, commercial and other activities of the individuals. These internal laws also help in regulating the conduct and affairs of the state machinery. International law is a framework of rules and principles binding the relations between states and governing their conduct amongst themselves.

Legal Studies: CUET Mock Test - 5 - Question 13

The qualifying exam for being an Advocate on Record (AOR) can be taken by an advocate who has been enrolled with a Bar Council for at least:

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 13

An Advocate on Record (AOR) is an advocate who has passed a qualifying examination conducted by the Supreme Court. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one year training with an AOR of not less than five years standing. Only an AOR can file a vakalath, a petition, an affidavit or any other application on behalf of a party in the Supreme Court. All the procedural aspects of a case are dealt with by the AOR, with the assistance of a registered clerk. It is the AOR's name that appears on the cause list. The AOR is held accountable, by the Supreme Court, for the conduct of the case. Any notice and correspondence from the Supreme Court are sent to the AOR, and not to the party.

Legal Studies: CUET Mock Test - 5 - Question 14

Which of the following commissions are statutory bodies?

  1. National Commission for Schedule class
  2. National Commission for Women
  3. National Commission for Minorities
  4. National Commission for Backward Classes
  5. National Human Rights Commission
Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 14

National Commission for Schedule Caste is a constitutional body, all others are statutory bodies i.e. established by acts of the Parliament.

Legal Studies: CUET Mock Test - 5 - Question 15

Match the following articles with their provisions.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 15

Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).
Article 39(b) states that the state shall, in particular, direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Article 42 states that the state shall make provision for securing just and humane conditions of work and for maternity relief.
Article 48 of the Constitution of India is one of the Directive Principles which directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle.
Article 50 provides that the state shall take steps to separate the judiciary from the executive in the public services of the state.

Legal Studies: CUET Mock Test - 5 - Question 16

Which of the following judges was impeached for misappropriation of funds?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 16

In the history of Indian judiciary, the impeachment process has been successful only once. Justice Soumitra Sen, the Chief Justice of Calcutta High Court was impeached in 2011 for misappropriation of funds. Previously in 1991, the impeachment process was initiated against Justice V. Ramaswamy, Chief Justice of Punjab and Haryana High Court but did not succeed on falling short of the two-thirds voting criteria.

Legal Studies: CUET Mock Test - 5 - Question 17

In Rome, the term 'vodimonium' stands for:

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 17

Under the peculiar procedure before the praetor at Rome, costs took the form of vodimonium, security for appearance by the defendant, and the sacramentum which was in the form of a wager laid by each party, but in substance security to abide by the judgment of the court.

Legal Studies: CUET Mock Test - 5 - Question 18

Which Committee suggested to increase the retirement age of Supreme Court judges from 65 to 68 years?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 18

The Venkatachalliah Committee, formed to review the working of the Constitution (2000), suggested to increase the retirement age of Supreme Court judges from 65 to 68. These proposals have been made in the light of global comparative standards, followed to determine the retirement age for the judges. For instance, there is no retirement age for Supreme Court judges in the United States. The Supreme Court of Canada has fixed the retirement age of their judges as 75. Similarly, in the UK Supreme Court, the retirement age is 75, while the Constitutional Court of South-Africa follows the age of 70 or after 12 years of the service of the judge.

Legal Studies: CUET Mock Test - 5 - Question 19

Which of the following statements is/are correct?
Statement I: Under common law, legislature or executive has the power to create laws and rules.
Statement II: Common law system is followed in countries such as Germany, Russia, and Continental Europe.

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 19

Under the scheme of the common law system, the decisions, orders, and judgments developed by the judges in India, help in the creation and development of laws and legal principles, which become binding precedents for all subordinate courts in the hierarchy. Opposed to this model, is a concept of civil law system followed in countries such as Germany, Russia, and Continental Europe. The main difference between common and civil law is with respect to the source of law. Under common law, judiciary can make laws through judicial decisions of courts; however under civil law, only the legislature or executive has the power to create laws and rules. This salient feature of Indian judiciary in following a common law model further strengthens the role of courts in India.

Legal Studies: CUET Mock Test - 5 - Question 20

Judicial districts are presided over by:

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 20

Each state is divided into judicial districts presided over by a 'District and Sessions Judge'. The judge is known as a 'District Judge' when she/he presides over a civil case and a 'Sessions Judge' when he presides over a criminal case. The district judge is also called a 'Metropolitan Sessions Judge' when she/he is presiding over a district court in a city which is designated as a metropolitan area by the State government.

Legal Studies: CUET Mock Test - 5 - Question 21

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
[Extracted with edits and revision from Copyright Ownership: Who Owns What?, article by stanford]

Q. Mint writes a short story which is based on his real-life experience. Yusz also writes a short story based on his real-life experience. One day, Mint shares his story to Yusz. Yusz is pleased to read the short story of Mint and now wants to publish both the stories in one book. Can both of them be called joint copyright holders?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 21

As stated, when two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners.
Here, since the work was not intended to be one work, this cannot be a joint copyright.

Legal Studies: CUET Mock Test - 5 - Question 22

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Copyrights are generally owned by the people who create the work of expression.
Some exceptions:
If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be made for hire, the commissioning person or organisation owns the copyright only if the work is a part of a larger literary work, such as an article in a magazine or a poem or story in an anthology; part of a motion picture or other audiovisual work, such as a screenplay; a translation; a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography; a compilation; an instructional text; a test or answer material for a test; or an atlas. Works that don't fall within one of these eight categories constitute works made for hire only if created by an employee within the scope of his or her employment.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. Authorship is retained but in some cases this copyright owner can be the publisher. Say a joint work is when a book or article has two or more authors. However, if a book is written primarily by one author, but another author contributes a specific chapter to the book and is given credit for that chapter, then this probably wouldn't be a joint work because the contributions aren't inseparable or interdependent. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them.
If at the time of creation, the authors did not intend their works to be part of an inseparable whole, the fact that their works are later put together does not create a joint work. Rather, the result is considered a collective work. In this case, each author owns a copyright in only the material he or she added to the finished product. For example in the 1980s, Vladimir wrote a famous novel full of complex literary allusions. In 2018, his publisher issues a student edition of the work with detailed annotations. The student edition is a collective work. Vladimir owns the copyright in the novel, but the professor owns the annotations.
[Extracted with edits and revision from Copyright Ownership: Who Owns What?, article by stanford]

Q. X and Y are joint copyright holders of a work. X wants to commercially exploit the work and hence hands over the work to a publisher. The publisher agrees to publish only if the profit is shared in the ratio 2 : 1 : 1 between the publisher, X and Y. Is this agreement valid?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 22

As stated in the passage, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds between them. In this case, the copyright owners have shared the profits equally.

Legal Studies: CUET Mock Test - 5 - Question 23

Consider the following statements regarding the Preamble of the Indian Constitution:
a. The Preamble of the Indian Constitution is a part of the Constitution but it is not enforceable by courts.
b. The Preamble cannot be amended like other provisions of the Constitution.
Which of the given statements is/are correct?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 23

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.

Legal Studies: CUET Mock Test - 5 - Question 24

Who among the following was instrumental in setting up of the first National Law School in Bangalore?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 24

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.

Legal Studies: CUET Mock Test - 5 - Question 25

Assertion (A): The major advantage of an ombudsman is that he/she avoids the conflicts of interest inherent in self-policing.
Reason (R): Duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. (ADR A/R)

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 25

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.

Legal Studies: CUET Mock Test - 5 - Question 26

Directions: Choose the correct meaning of the given term.
Donatio mortis causa

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 26

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.

Legal Studies: CUET Mock Test - 5 - Question 27

Under criminal law, illegal gambling would fall under which category of crime?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 27

Organised crime is crime committed by structured groups typically involving the distribution of illegal goods and services to others. Organised crime is just not restricted to Mafias, but the term can refer to any group that exercises control over large illegal enterprises (such as the drug trade, illegal gambling, prostitution, weapons smuggling, or money laundering). Betting on sports, illegal sale of firearms and Hawala transactions are all examples of organised crime.

Legal Studies: CUET Mock Test - 5 - Question 28

Directions: Choose the correct meaning of the given term.
Ex turpi causa non oritur actio

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 28

Ex turpi causa non oritur actio is a Latin maxim which means 'from a dishonourable cause an action does not arise'. It is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act. It is particularly relevant in the law of contract, tort and trusts. Ex turpi causa non oritur actio is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, even then a claimant by reason of his own illegality cannot sue.

Legal Studies: CUET Mock Test - 5 - Question 29

Which of the following is/are not the function(s) of the State authority?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 29

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.

Legal Studies: CUET Mock Test - 5 - Question 30

Which form of Alternative Dispute Resolution is most suitable for resolving family disputes?

Detailed Solution for Legal Studies: CUET Mock Test - 5 - Question 30

Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised on the voluntary will of the parties and is a flexible and informal technique of dispute resolution. Under the Indian law, contractual dispute (including money claims), similar disputes arising from strained relationships (from matrimonial to partnership), disputes which need a continuity of relationship (neighbour's easement rights) and consumer disputes, have been held to be most suited for mediation.

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