Topics of Law Test 4

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Topics of Law Test 4

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Question 1
1 / -0

This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
FACTS : A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?

A
A is not liable as he did not foresee any consequences at the time of surgery.

B
Liability for negligence does not arise here as A performed the operation sincerely

C
A is liable for the negligence as he failed to take proper care during the surgery.

D
As only a small swab was left in the abdomen, there was no negligence.

Solution

A is liable for the negligence as he failed to take proper care during surgery .
A , who's a doctor it was his duty to take care of B and to take proper care during surgery . But he left small cotton swab he failed to do so his duty , he's liable under negligence .
Question 2
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Judgmental shortcuts in decision making is called _________.

A
Directive

B
Heuristic

C
Representative

D
Availability
Question 3
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Legal phrases are followed by four meanings. Choose the most appropriate option:
Bona vacantia

A
Order of the court for eviction

B
Vacant land

C
Goods that have no owner

D
Vacant building.

Solution

'Bona Vacantia' means Goods that have no owner .
Bona vacantia is a legal term or maxim derived from English legal concept . It refers to a property which has no crown , owner or successes left , or any next generation to own property . In mode day , this concept applies to the dissolution of companies .
Question 4
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In which year were the states re-organized on linguistic basis?

A
1966

B
1956

C
1951

D
1947
Question 5
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Legal phrases are followed by four meanings. Choose the most appropriate option:
'Jus Gentium' means:

A
Global administrative law

B
Law of Societies

C
Law among Nations.

D
Global justice.

Solution

'Jus Gentium' means 'International law' or 'law among nations' . It was derived from ancient Romans or Western legal rules . These are common in some nations that's why it's known as law among nations .
Question 6
1 / -0

This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts : 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.

A
'B' has committed misappropriation

B
'B' has committed the act fraudulently

C
'B' has committed breach of faith

D
'B' has not committed the act fraudulently

Solution

An agreement made for a "fraudulent" purpose is illegal , viz an agreement to defraud creditors , or to defraud revenue authorities , or investors in a company . But if two persons agree not to compete with each other . In this case , B uses A's ATM card but not withdrawal any money then , B hasn't commuted his act fraudulently.
Question 7
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A contract is ________.

A
without consideration

B
valid if the party is a minor

C
an agreement enforceable by law

D
all of the above
Question 8
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The delimitation of the territorial constituencies in India is the responsibility of the ____________.

A
President.

B
Governor.

C
Election Commission

D
Parliament.
Question 9
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Legal phrases are followed by four meanings. Choose the most appropriate option:
'Punctum Temporis' means

A
Functional authority

B
Temporary position

C
Timely assistance

D
Point of time.

Solution

Punctum Temporis means 'point of time' , an indivisible period of time; the shortest space of time; an instant Calvin.
It is derived from the Latin language .
Question 10
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Legal phrases are followed by four meanings. Choose the most appropriate option:
In pari delicto

A
Where the lawyer is at fault

B
Where the judge is at fault

C
Where the petitioner is at fault

D
Where both parties to a dispute are equally at fault.

Solution

Where both parties to a dispute are equally at fault.
'Pari Delicto' is a Latin derived legal maxim which means in equal fault . To understand it in a better way , when both the parties are guilty or both the parties have done some offence . By both the parties we mean defendant and plaintiff .

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Topics of Law Test 4

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Topics of Law Test 4

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SHARING IS CARING

Question 1

A is not liable as he did not foresee any consequences at the time of surgery.

Liability for negligence does not arise here as A performed the operation sincerely

A is liable for the negligence as he failed to take proper care during the surgery.

As only a small swab was left in the abdomen, there was no negligence.

Solution

Question 2

Directive

Heuristic

Representative

Availability

Question 3

Order of the court for eviction

Vacant land

Goods that have no owner

Vacant building.

Solution

Question 4

1966

1956

1951

1947

Question 5

Global administrative law

Law of Societies

Law among Nations.

Global justice.

Solution

Question 6

'B' has committed misappropriation

'B' has committed the act fraudulently

'B' has committed breach of faith

'B' has not committed the act fraudulently

Solution

Question 7

without consideration

valid if the party is a minor

an agreement enforceable by law

all of the above

Question 8

President.

Governor.

Election Commission

Parliament.

Question 9

Functional authority

Temporary position

Timely assistance

Point of time.

Solution

Question 10

Where the lawyer is at fault

Where the judge is at fault

Where the petitioner is at fault

Where both parties to a dispute are equally at fault.

Solution

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