Q. 1. Match List-I (Mental State) with List-II (Consequence) and select the correct answer using the codes given below the lists:
List-I List -II
(Mental State) (Consequence)
A. Volition 1. The feeling which prompts the will of doer
B.Intention 2. A desire for bodily notions which constitute the act
C.Motive 3. Generally an essential element of a crime
D.Mens rea 4. An operation of will directing an over act
5. The ultimate object of the act
Codes:
A B C D
(a) 2 3 1 4
(b) 1 4 5 3
(c) 2 4 1 3
(d) 1 3 5 4
Ans. (b)
Q.2. Where does compulsion amount to defense?
(a) Act done by a person who is compelled to do it by threat of instant death
(b) Mischief caused by a person when he was compelled to do so by threat to his property
(c) Murder committed by a person in order to gain custody of his kidnapped child
(d) Act done by a person who is compelled to do it by threat of death within seven days
Ans. (a)
Q. 3. Which one of the following is the correct statement?
The benefit of general exceptions must be proved and pleaded by the
(a) prosecution
(b) accused
(c) witness
(d) court
Ans: (b)
Q. 4. Which one of the following is the correct statement?
The defense of insanity under Section 84 of I.P.C. requires that unsoundness of mind should be there at the time of
(a) judgment
(b) trial
(c) investigation
(d) commission of the offence
Ans. (d)
Q. 5. ‘A’, ‘B’, ‘C’ and ‘D’ are charged for murder of ‘E’. But evidence proved that ‘A’, ‘B’, ‘C’ and ‘D’ along with three others jointly committed the offence.
The court acquits ‘A’, ‘B’, ‘C’, but convicts ‘LV.
In the context of the above, which one of the
following statements is correct?
(a) The conviction is legally valid
(b) The conviction is bad in law as ‘D’ as a single person cannot be convicted with the aid of Section 34 of I.P.C.
(c) The conviction is bad in law as the other person charged with ‘D’ were acquitted
(d) The conviction is bad in law as the unnamed person were not charged with ‘D’
Ans. (a)
Q. 6. ‘A’ promises to provide maintenance allowance to her maternal uncle in consideration of certain properties gifted to her by her mother. ‘A’ refuses to pay maintenance amount and maternal uncle institutes suit against ‘A’ to enforce the promise.
Which one of the following is the correct statement?
Maternal uncle:
(a) will not succeed as he being a stranger to consideration can not sue upon the contract
(b) will succeed because according to the Indian Contract Act consideration may be given by the promisee or any other person
(c) will succeed because he is near relative and in such cases consideration is not necessary
(d) will succeed because consideration given by a near relation may be treated as consideration given by the promise
Ans. (b)
Q. 7. Consider the following statements
A person is said to be of sound mind for the purpose of making a contract if at the time of making it he is:
1. of the age of majority.
2. capable of understanding the contract though unable to form a rational judgment as to its effect upon his interest.
3 capable of understanding it and of forming a rational judgment to its effect upon his interest.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1, 2 and 3
(c) 2 and 3, only
(d) 3 only
Ans. (d)
Q. 8. Which one of the following statements is correct?
The communication of acceptance is complete as against the proposer as soon as
(a) acceptor writes letter of acceptance
(b) acceptor posts the letter of acceptance
(c) the proposer receives the letter of acceptance
(d) the proposer reads the letter of acceptance
Ans. (b)
Q. 9. Which one of the following does not amount to revocation under Section 6 of the Indian Contract Act; 1872?
(a) By communication of notice of revocation
(b). By failure of the acceptor to fulfill a condition precedent to acceptance
(c) By lapse of time prescribed in such proposal for acceptance without communication of acceptance
(d) By the death of the acceptor
Ans. (d)
Q. 10. Which one of the following statements is correct?
A voidable contract is an agreement which is
(a) enforceable with the permission of the court
(b) enforceable by the parties thereto
(c) enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others
(d) not enforceable by any of the parties thereto
Ans. (c)
Q. 11. Consider the following statements:
1. Every promise is an agreement.
2. Every agreement is a contract.
3. A contract which ceases to be enforceable by law becomes void.
4. A minor who is supplied necessaries is personally liable tO pay for them.
Which of the statements given above are correct?
(a) 1 and 3, only
(b) 1 and 2, only
(c) l, 2and3
(d) 2,3and4
Ans. (b)
Q. 12. Assertion (A): When contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
Reason (R) Too much rise in prices, strikes and non-availability of raw materials form the subject- matter of frustration of contract.
Ans. (c)
Q. 13. Consider the following statements about the doctrine of frustration
1. Act has become impossible to be performed.
2. Act cannot be performed because of application of some law recently enacted.
3. Act cannot be performed because of the non-availability of raw material.
4. Act cannot be performed by defendant due to his accident.
Which of the statements given above are correct?
(a) 1, 2 and3
(b) 1, 2 and 4
(c) 2, 3 and4
(d) 1, 3and4
Ans. (b)
Q. 14. Consider the following statements
1. The party rescinding a voidable contract is not liable to restore the benefits received by him under the contract.
2. Every promise may dispense with or remit the performance of the promise made to him.
3. Every promisee may extend time for performance of the contract.
4. When an agreement is discovered to be void, any person who has received any advantage under such agreement is bound to restore it to the person from whom he has received it.
Which of the statements given above are correct?
(a) 2, 3 and 4
(b) 1, 2 and 4
(c) 1, 2 and 3
(d) 1, 3, and 4
Ans. (a)
Q. 15. Which of the following are essential characteristics of a wager?
1. Mutual chance of gain or loss, i.e., one party winning and the other losing.
2. Neither party has control over the other.
3. Uncertain event, which is generally a future event.
Select the correct answer using the codes given below:
(a) 1 and 2, only
(b) 2 and 3, only
(c) 1 and 3, only
(d) 1, 2 and 3
Ans. (c)
Q. 16. Which one of the following is not the correct statement? Ratification of a treaty is not essential for a treaty to be binding unless
(a) there is a provision in the treaty to that effect
(b) the intention of ratification is evident from the circumstances and talks during negotiations
(c) the parties express the view that ratification is necessary
(d) the treaty was signed without any condition
Ans. (d)
Q. 17. Which one of the following is the essential of misrepresentation?
(a) The statement made by the defendant should relate to the material fact
(b) The person making statement should not be negligent
(c) The person making statement should not believe it to be true
(d) The statement should directly be made to the plaintiff himself and no other
Ans. (a)
Q. 18. Match List-I (Concept) with List-II (Decision) and select the correct answer using the codes given below the lists:
List-I List-II
(Concept) (Decision)
A. Undue Influence 1. Ingram v. Little
B. Fraud 2. Deny v. Peek
C. Mistake as to identity of parties 3. Ladli Prasad v. Karnal Distillery Co.
4. Carlill v. Carbolic Smoke Ball Co.
Code:
A B C
(a) 1 4 3
(b) 3 2 1
(c) 3 4 1
(d) 1 2 3
Ans : (b)
Q. 19. Consider the following statements:
Consent obtained by mistake renders an agreement void if it is:
1. regarding value of the subject matter of the contract.
2. a mistake of fact by both the parties to the contract.
3. a mistake of law in force in India.
4. a mistake of foreign law by one party to the contract:
Which of the statements given above is/are correct?
(a) 1,3and4
(b) 2 only
(c) 1 and 4, only
(d) 2 and 3
Ans. (b)
Q. 20. When is the inadequacy of consideration taken into account by a court of law?
(a) When the promisor performs his promise
(b) Always at the discretion of the court
(c) When the promisor expresses his desire to get maximum return for his promise
(d) When fraud, coercion or undue influence in the formation of the contract is pleaded
Ans (d)
Q. 21. Consider the following statements:
For vicarious liability, there must be:
1. relationship of master and servant.
2. no control of master on the manner of doing the work.
3. tort committed in the course of employment.
4. master’s control on the manner of doing the work.
Which of the statements given above are correct?
(a) 1 2and3
(b) 2,3and4
(c) 1, 3 and 4
(d) 1, 2 and 4
Ans. (c)
Q. 22. Which one of the following is the correct statement?
In an action for malicious prosecution plaintiff need not prove that
(a) he was prosecuted by the defendant without any reasonable or probable cause
(b) the proceedings terminated in his favor
(c) total restraints were put his liberty
(d) he has suffered damage to his person, property or reputation
Ans. (c)
Q. 23. Consider the following statements:
Tort of conspiracy requires
1. an agreement between two or more persons.
2. doing of an illegal act or legal act with illegal means.
3. consequential damage to other party.
4. an act must be actually done by all the conspirators.
Which of the statements given above is/are correct?
(a) land 4
(b) 1, 2 and 3
(c) 2, 3 and 4
(d) 4 only
Ans. (b)
Q. 24. Assertion (A): In the tort of nuisance, interference by the defendant may cause damage to the plaintiff’s property or personal discomfort in the enjoyment of property.
Reason (R): Every interference in the use of property is a nuisance.
Ans. (c)
Q. 25 ‘X’ borrowed a bicycle from ‘Y’ promising to return the same within a period of three days. He failed to fulfill the promise, disposed of the bicycle and appropriated the proceeds to his own use. What offence, if any, ‘X’ commits?
(a) Criminal breach of trust
(b) Criminal misappropriation
(c) No offence
(d) Extortion
Ans. (a)
Q. 26. Which one of the following is the correct statement?
When two or more persons agree to do an illegal act or do an act by illegal menas, such an act amounts to
(a) criminal indictment
(b) criminal conspiracy
(c) abetment
(d) constructive liability
Ans. (b)
Q. 27. ‘P’, committing a murder, removed some ornament from the dead body. Through the accused ‘P’ was guilty of an offence of murder, the removal of ornaments amounts to which one of the following?
(a)Theft
(b) Mischief
(c)Misappropriation
(d) Robbery
Ans: (c)
Q. 28. X’, a person above the age of 18 years, asks ‘Y’ to shoot him to death as ‘X’ is suffering from incurable disease. ‘Y’ is the domestic servant of X’. As a loyal servant, ‘Y’ shoots ‘X’ to death.
In the context of the above, which one of the following statements is correct?
(a).’Y’ has committed no offence
(b).’Y’ can take up the defense of good faith
(c) ‘Y’ can take up the defense of consent
(d). ‘Y’s act is culpable homicide not amounting to murder
Ans. (d)
Q. 29. Which one of the following is the correct statement?
Mistake of fact is excused under criminal law because
(a) it is in the interest of public
(b) there is no mens rea
(c) it is a mistake
(d) it is in interest of court
Ans. (b)
Q. 30. Which one of the following is the correct statement?
Prosecution must prove the guilt of the accused:
(a) like that in a civil case
(b) beyond reasonable doubt
(c) to the satisfaction of the prosecution itself
(d) to the satisfaction of the court
Ans. (b)
Q. 31. Consider the following statements
1. Law, ethics and positive morality are overlapping circles.
2. Historical jurisprudence impresses upon the close relationship between law and: life of the community.
3. There is a relationship between law and morality.
4. There is a big zone of twilight where the positivist’ and natural law schools overlap.
Which of the statements given above are correct?
(a) 1, 2, 3 and 4
(b) 1, 2 and 4 only
(c) 2 and 4 only
(d) 1, 3 and 4 only
Ans. (a)
Q. 32. Consider the following statements:
‘Pure theory of law’ propounds that:
1. State and law are inseparable.
2. there is no difference between public law and private law.
3. law is a primary norm which stipulates sanction.
4. legal duties are the essence of law.
Which of the statements given above is/are correct?
(a) 1,2and3
(b) 2,3and4
(c) 3 only
(d) 1 and 4
Ans. (a)
Q. 33. Who among the following defines law as the command of sovereign backed by a sanction?
(a)J. Austin
(b) Holmes
(c)H. Kelsen
(d) R. Pound
Ans. (a)
Q. 34. Match List-I (Jurist) with List-II (Views About Law) and select the correct answer using the codes given below the lists:
List-I List-II
(Jurists) (Views About Law)
B.J. Salmond 1. A general rule of external human behavior
A. J. Austin 2. Principles evolved by the decisions of courts
C. Holland D. Holmes 3. Command of sovereign
D. Holmes 4. Body of principles recognized and applied by the State
Codes:
A B C D
(a) 3 2 1 4
(b) 1 4 3 2
(c) 3 4 1 2
(d) 1 2 3 4
Ans. (c)
Q. 35. What does ratio decidendi mean?
(a) A decided point of law
(b) The proportion of judges agreeing on a principle of law in a case
(c) A general proposition of law used by the court to justify its decision
(d) The authorities or decided cases cited in a decision.
Ans. (a)
Q. 36. Match List-I (Legislation) with List II (Kind of Legislation) and select the correct answer using the codes given below the lists:
List-I List-II
(Legislation) (Kind of Legislation)
A. Ordinances promulgated by the President 1.Executive Legislation
B. Admission Rules of a University 2.Conditional Legislation
C.Government’s Notification 3. Municipal Legislation
regarding the application of an Act
D. Town planning bye-laws 4. Autonomous Legislation
Codes:
A B C D
(a) 2 4 1 3
(b) 1 3 2 4
(c) 2 3 1 4
(d) 1 4 2 3
Ans: (a)
Q. 37. Which of the following propositions are accepted by three theories of rights ?
1. Rights are independent of duties.
2. Rights are for satisfaction of interests.
3. Rights are recognized because there is a will of the individual to exercise.
4. Rights an4 duties are correlative. Select the correct answer using the codes given below
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2, and 4
(d) 1, 3 and 4
Ans. (b)
Q. 38. Right in rem is right against which one of the following?
(a) Police brutality
(b) An individual
(c) Everyone
(d) Government
Ans. (c)
Q39. Which one of the following statements is correct? Rights and duties are correlative because
(a)’ a man who has a right has also a corresponding duty
(b) a man having a right shall have no duty
(c) if a, man has a right, another man or the whole world has a duty
(d) rights and duties are independent of each other
Ans. (a)
Q. 40. Which out of the following represent the divisions of rights?
1. Perfect right and imperfect right.
2. Right in rem and right in personam.
3. Legal right and equitable right.
4. Unenforceable right and enforceable right.
Select the correct answer using the codes given below:
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
Ans. (a)
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