Topics of Law Test 26

Question 1
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The phrase 'due process of law' means ______.

A
as ordained by statute law

B
in course of time

C
in course through courts

D
judice by tribunals

Question 2
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Principle: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, atleast $$70$$% of the total classes held in that semester as per University rules.

Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in road accident. Consequently Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to this absence from the university, Anand failed to have $$70$$% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.

Decide

A
Anand will succeed in the court of law as the accident was beyond his control.

B
Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission.

C
Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.

D
Anand will succeed as requirement of $$70$$% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Question 3
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According to Mc Naughten rules, legal insanity is quite different from medical insanity. It is relates to the ___________.

A
total loss of co-native faculties

B
total loss of cognitive faculties

C
congenital insanity

D
none of these

Question 4
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'Damages' are awarded except in one case ____________.

A
Tort

B
Breach of contract

C
Libel suit

D
Criminal conduct

Question 5
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Principle: Generally an agreement without consideration is not valid. Therefore, in order to make a valid agreement, some consideration which may have some value in the eyes of law, is essentially required.

Facts: William has an older car of which he makes seldom use. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees one lakh as the car was one which Anson has been searching for long. Now, William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration price for the car promised by Smith is negligible and therefore, agreement with him cannot be said to be valid one.

Decide

A
William can cancel his agreement with Smith as the consideration involved in that is really inadequate

B
William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law

C
William can cancel his agreement with Smith as he was ignorant about the value/ price of the car for which it could be sold

D
William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car

Question 6
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Unliquidated damage means _________.

A
damage to something mean

B
damage caused by a firm which has gone in liquidation

C
damage to firm in the hands of receivers

D
damage to be assessed by a Court as these are not pre-determined

Question 7
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Mens rea is translated as ___________.

A
guilty mind

B
intention

C
evil

D
unlawful act

Question 8
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Liability is _________.

A
subjection to legal obligation

B
a responsibility

C
a duty

D
none of the above

Question 9
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LEGAL PRINCIPLE : The occupier of a premise owes a duty of care to all his invitees and visitor.
FACTUAL SITUATION : Radhika's brother, Akash,had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he get electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?
DECISION :

A
Yes, because in Indian tradition, guests are like Gods.

B
No, because one has to be himself cautious about his safety.

C
Yes, because it is the occupiers duty to take care of its visitors.

D
No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Question 10
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Assertion (A) : All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R) :Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

A
Both A and R are true and R is the correct explanation of A.

B
Both A and R are true and R is not the correct explanation of A.

C
A is true but R is false

D
A is false but R is true

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Topics of Law T...

Question 1

as ordained by statute law

in course of time

in course through courts

judice by tribunals

Question 2

Anand will succeed in the court of law as the accident was beyond his control.

Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission.

Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.

Anand will succeed as requirement of $$70$$% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Question 3

total loss of co-native faculties

total loss of cognitive faculties

congenital insanity

none of these

Question 4

Tort

Breach of contract

Libel suit

Criminal conduct

Question 5

William can cancel his agreement with Smith as the consideration involved in that is really inadequate

William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law

William can cancel his agreement with Smith as he was ignorant about the value/ price of the car for which it could be sold

William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car

Question 6

damage to something mean

damage caused by a firm which has gone in liquidation

damage to firm in the hands of receivers

damage to be assessed by a Court as these are not pre-determined

Question 7

guilty mind

intention

evil

unlawful act

Question 8

subjection to legal obligation

a responsibility

a duty

none of the above

Question 9

Yes, because in Indian tradition, guests are like Gods.

No, because one has to be himself cautious about his safety.

Yes, because it is the occupiers duty to take care of its visitors.

No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Question 10

Both A and R are true and R is the correct explanation of A.

Both A and R are true and R is not the correct explanation of A.

A is true but R is false

A is false but R is true

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