Topics of Law Test 35

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Topics of Law Test 35

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Weekly Quiz Competition

Question 1
1 / -0

Easement is a right _____________________.

A
in rem

B
in personam

C
neither (a) nor (b)

D
in rem in general but in personam in exceptional cases

Solution

Easement can be defined as a non possessory right to use and/or enter onto the real property of another without possessing it. It can be further defined as a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is actually a right over a property belonging to someone else and not to the person claiming easement.
Question 2
1 / -0

When the master is held liable for the wrongful act of his servant, the liability is called wrongful act of his servant, the liability is called ______________.

A
strict liability

B
vicarious liability

C
tortuous liability

D
absolute liability

Solution

Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently. It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.
Question 3
1 / -0

Draconian means __________________.

A
harsh and severe

B
outdated

C
not practical

D
impossible

Solution

The term Draconian is derived from the name of an Athenian law scribe Draco under whom small crimes had severe punishment. The term is generally used for those laws which are excessively severe and harsh in nature.
Question 4
1 / -0

Fringe benefit tax is a tax ___________________.

A
paid by an employer in respect of the fringe benefits provided or deemed to have been provided by an employer to his employee

B
paid by an employer for the benefits which he enjoys

C
paid by a person for the benefits which he gets from his employer

D
paid by a member of Scheduled Castes and Scheduled Tribes for benefits they receive from the government

Solution

Fringe benefit tax is payable by employer on the fringe benefits which provided by him to his employee in addition to the salary or wages paid to the employee. The benefits may include the expense incurred on employee's welfare, accommodation or entertainment as well as to the transport allowance given to him. In India, Fringe benefit tax has been defined under section 115WA of Income Tax Act, 1961.
Question 5
1 / -0

Intra vires means __________________.

A
within the powers

B
outside the powers

C
within the scope of the fundamental rights

D
regular

Solution

The phrase intra vires means within the powers.For example if an act requires legal authority and it is done within such legal authority and power then such an act is called intra vires.
Question 6
1 / -0

Vicarious liability __________________.

A
can hold employer/principal as liable for the actions of his employee or agent

B
cannot hold employer/principal as liable for the actions of his employee or agent

C
neither (a) nor (b)

D
both (a) and (b)

Solution

Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently.
It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.
Question 7
1 / -0

Fiduciary relationship means a relationship based on ________________.

A
trust

B
money

C
contract

D
blood relation

Solution

Fiduciary relationships are those kind of relationships where one person has complete trust on another for a particular transaction or business. It is not necessary to establish such relations formally or legally but it is of moral responsibility. For example, the relationship between lawyer and his client is a fiduciary relationship.
Question 8
1 / -0

Ubi jus ibi remedium means _______________________.

A
where there is a wrong there is a remedy

B
to every wrong there is no remedy

C
wrong and remedy have no relation

D
none of the above

Solution

The latin maxim "Ubi jus ibi remedium" means that where there is a right there is a remedy. The word 'Jus' means the legal authority to do or demand something, and the word 'remedium' means the right of action in Court of Law. The maxim further states that the person whose right is being infringed has a right to enforce the infringed right through any action before a court.
Question 9
1 / -0

Ipso facto means _______________.

A
in place of

B
by reason of that fact.

C
by the same source

D
by the way
Question 10
1 / -0

A document on oath is called as ___________________.

A
affidavit

B
will

C
codicil

D
power of Attorney

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Topics of Law Test 35

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Topics of Law Test 35

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SHARING IS CARING

Question 1

in rem

in personam

neither (a) nor (b)

in rem in general but in personam in exceptional cases

Solution

Question 2

strict liability

vicarious liability

tortuous liability

absolute liability

Solution

Question 3

harsh and severe

outdated

not practical

impossible

Solution

Question 4

paid by an employer in respect of the fringe benefits provided or deemed to have been provided by an employer to his employee

paid by an employer for the benefits which he enjoys

paid by a person for the benefits which he gets from his employer

paid by a member of Scheduled Castes and Scheduled Tribes for benefits they receive from the government

Solution

Question 5

within the powers

outside the powers

within the scope of the fundamental rights

regular

Solution

Question 6

can hold employer/principal as liable for the actions of his employee or agent

cannot hold employer/principal as liable for the actions of his employee or agent

neither (a) nor (b)

both (a) and (b)

Solution

Question 7

trust

money

contract

blood relation

Solution

Question 8

where there is a wrong there is a remedy

to every wrong there is no remedy

wrong and remedy have no relation

none of the above

Solution

Question 9

in place of

by reason of that fact.

by the same source

by the way

Question 10

affidavit

will

codicil

power of Attorney

User

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My Perfomance

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Rank

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