EIJ-49861-A 1 [Turn over

ROUGH WORK

2

1. Who among the following jurists belong to analytical school

Savigny and Austin Maine and Savigny


Bentham and Austin Montesquieu and Kant


2. Who wrote "The law of war and peace" and shows that a system of Natural law may be derived from the social nature of man

Immanuel Kant Hugo Grotius


Frederick Pollock Sir Henry Maine


3. The theory of social engineering was propounded

Benjamin Cardozo Justice Holmes


Roscoe Pound Jerome Frank


4. The jurists of this school consider the most important aspect of law is its relation to the State. Law is treated as a command or imperative emanating from the State. This statement belongs to which school of jurisprudence

Analytical Historical


Philosophical Sociological


5. Which of the following cases is concerned with 'possession'

Merry Vs. Green Ancona Vs. Rogers


Hibbert Vs. Mc Kieran All of above


6. Who has said that 'the only right which a man can possess is the right always to do his duty'

Salmond Dias


Duguit Hart


7. Who said that Austin is the palm tree in Jurisprudence

C.K Allen Laski


Maine Salmond


8. According to Salmond a right in re aliena is

Right over one's property


Corresponds to a duty imposed upon persons in general


Corresponds to a duty imposed upon determinate individuals


Right over the property of someone else


9. What is corporeal and incorporeal ownership

Ownership of a material object and ownership of a right


Ownership of a right and ownership of a material object


Possession of a material object and possession of a right


Possession of a right and a material object



10. Point out most accurate response. According to Austin law has the following attributes

Command, sovereign and sanction


Command, sovereign and enforceability


Command, sovereign and legalvemely


Command, sovereign and acceptability


11. How can a legal right not be acquired

Bycontract By having high status


By legacy under a will By a trust


12. The will theory of legal rights states that

The basis of legal right is interest


The purpose of law is to grant the individual the means of self expression or self assertion


The purpose of law is to certain interests and not the wills or assertions of the individual


One cannot get a better title than the transferor


13. There are elements to the concept of possession.

One Two


Three Four


14. What is corpus possessionis

Mental element consisting in the determination to exercise that control


Physical element and consists of physical control over the things


Legal ownership


Two persons possessing the same thing at the same time


15. Possession is normally referred to as nine points out of ten it confers title against all, but

The possessor The government


The rightful owners The beneficiaries of the possessor


16. "Law grows with a nation, increases with it and dies at its dissolution and is a characteristic of it", is the view of

Natural Law School Historical School


Analytical School Sociological School


17. The main purpose of 'Corporation sole' is to

Make the property easily inheritable Make the property easily transferable


Maintain continuity of an office Protect the property of State


18. Which source of law consists in the declaration of legal rules by a competent authority or a sovereign

Precedent Custom


Convention Legislation


EIJ-49861-A 4

19. The following statement 'law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him, and divided law into two parts laws set by God for men and human laws i.e. laws made by men for men' belongs to

Jeremy Bentham John Austin


Sir Henry Maine Savigny


20. Who among the following belongs to historical school of jurisprudence

Savigny Hugo Grotius


Immanuel Kant Del Vecchio


21. The preamble of Indian Constitution provision of liberty consists of

Faith and worship


Belief and thought


Thought and worship


Thought, expression, faith, belief and worship


22. The preamble of the Indian Constitution does not talk of India being

Socialist Democratic


Secular Autocratic


23. Secularism in the Indian constitution means

The State follows a particular religion The State curtails religious freedom


The State has no official religion The State is anti religion


24. Article 23 and 24 talk about which fundamental right

Right to freedom Right to equality


Right against exploitation Right to cultural and educational rights


25. Article provides that directive principles shall not be enforceable by any court.

Art. 32 Art. 36


Art. 37 Art. 38


26. Article provides for separation of executive from judiciary.

Art. 48 Art. 42


Art. 50 Art. 41


27. Article prohibits traffic in human beings and forced labour.

Art. 26 Art. 22


Art. 18 Art. 23


28. Which is a fundamental duty as provided in Art 51 of the Constitution

To develop scientific temper, humanism and spirit of inquiry and reform


To provide opportunities for education for parents


To renounce corruption


To take care of old and infirm parents



29. Part IV A of the Constitution was introduced by which amendment

45th Amendment 42nd Amendment


38th Amendment 49th Amendment


30. Uniform civil code for citizens is provided under Article

44 46


40 45


31. As per Article 53, the executive power of the Union vested in

Prime Minister of India President


Chief Minister of New Delhi Chief Justice of India


32. To be President of India, which is not a necessary qualification

Must be a citizen of India Must be above 35 years old


Must be qualified for Rajya Sabha Must be qualified for Lok Sabha


33. Which of the following is false

A person can be a Governor for two or more States


Governor holds office during pleasure of Chief Minister of the State


Governor can grant pardons, suspend, remit or commute sentences in certain cases


Governor appoints Advocate General for the State


34. Which Article gives the Supreme Court power to review its judgement

Art. 137 Art. 134


Art. 129 Art. 141


35. Article 315 talks about

Public Service Commissions for the Union and States


Relation between Union and States


Panchayats


Right to Property


36. Under the Constitution emergency in India cannot be declared for

Financial emergency National emergency


Legislative emergency State emergency


37. On April 2008, Supreme Court in which of the following cases upheld the OBC quota in Central Educational Institutions clearing the way for reservation of 27% seats for the Backward Classes

Ashok Kumar Thakur Vs. UOI T.M. Pai Institution Vs. Kerala


Balaji Vs. State of Mysore UOI Vs. S. Krishnan


38. Matters enumerated in list III in the Seventh Schedule of the Consitution can be legislated by

Parliament State Legislatures


Parliament and State legislature President



39. Which of the following is not a procedure for amending the Constitution in India

Amendment can be done by the two Houses of Parliament by simple majority of the members present and voting


Amendment can be passed by each House of Parliament by a majority of the total members of that House as well as by the 2/3rd majority of the members present and voting


All Chief Ministers together with the Prime Minister assenting to amendment of the Constitution


Amendment has to be approved also by at least 50% of the State legislatures


40. Article provides for amendment of the Constitution.

Art. 368 Art. 352


Art. 345 Art. 330


41. To establish existence of an international custom which of the following is not a primary element

Rules Duration


Continuity Generality


42. Customary rules of international law may be

General or particular Temporary or permanent


Historical or prescriptive Binding or non-binding


43. Treaty is

An agreement between a State


Non binding on other States


A non binding agreement between States


Agreements between States to create relationships between themselves


44. In which case the European Court of Human Rights held that "an individual is as much a subject of International law as a State is"

The Asylum case Genocide Convention case


The Lawless case Paquete Habana case


45. Decisions of ICJ

Create binding rules of international law Are binding only to parties to a case


Are binding only to member States Create binding judicial precedent


46. The definition "A treaty is an agreement whereby two or more States establish or seek to establish relationship between them governed by international law" is given by

Lauterpact Article 2 of Vienna Convention, 1969


Starke Oppenheim


47. The General Assembly under its elective functions elects members of the Economic and Social Council.

48 50


52 54



48. Which of the following is a theory of recognition of States

Declaratory theory Constitution theory


Continuity theory Positive theory


49. The principle of "Pacta Sunt Servenda" means

Treaties are accepted in good faith Treaties are revocable


Treaties are irrevocable Treaties are not binding international law


50. When the personality of a predecessor state is completely destroyed and is absorbed by another international person the succession is termed as

Partial succession Universal succession


Continuity succession Adopted succession


51. Which is not a theory of State succession

Continuity theory Negative theory


Positive theory Universal succession theory


52. Article of the UN charter states that the International Court of Justice shall be the principal judicial organ of the United Nations.

Art. 90 Art. 92


Art. 95 Art. 98


53. The predecessor of International Court of Justice was known as

Court of International Justice


Permanent Court of International Justice


Permanent International Court of Justice


International Court of Justice


54. The International Court of Justice consists of judges.

10 12


15 18


55. The Permanent Court of International Justice applied the principle "resjudicata" while deciding

Serbian Loan case


Mavrommatis Palestine concession case


Chorzow Factory indemnity case


South West Africa case


56. Which kind of recognition once given can not be withdrawn by the recognizing State

Partial recognition Total recognition


De facto recognition De Jure recognition


57. India accepted the compulsory jurisdication of International Court of Justice by making a declaration in

1970 1974


1978 1980



58. Trusteeship council does not apply to

Former League Mandates


Territories detached from enemy States as a result of the second world war


Countries who are not independent


Territories voluntarily placed under the system by States responsible for their administration


59. The Trusteeship does not have power to

Consider reports submitted by the administering authority


Accept petitions and examine them in consultation with the administering authority


To conduct elections for the trust territories


To provide for periodic visits to the trust territories at times agreed on by the administering authority


60. The last trusteeship agreement was for

East Timor Palau


Solomon Islands Marshal Islands


61. Which of the following definitions correctly reflects the nature of tort

Tort is a breach of a right which is given to a person generally and the law provides payment of liquidated damages


Tortious libility arises from the breach of duties primarily fixed by law. Such duty is towards persons generally and its breach is redressable by an action for unliquidated damages


Tortious liability arises from the breach of duty of quasi contractual nature. Such duty is towards specific persons and its breach is redressable by action for unliquidated damages


Tort is a violation of a semi-legal right and the violation of such right is redressable by an action for unliquidated damages


62. "Ubi jus ibi remedium" means

There is no remedy without a wrong This is remedy even without a right


Where there is a right there is a remedy Where there is law there is a remedy


63. Remoteness of damage is determined by

The test of Remoteness The test of directness


Both and Neither nor


64. In Rylands vs. Fletcher for application of strict liability, which is not an essential consideration

Some dangerous thing must have been brought by a person on his land


The thing thus brought or kept by a person on his land must escape


It must be non-natural use of his land


The owner did all he could to prevent the thing from escaping


65. The reason for the lack of tort litigation in India is

Lack of consciousness about one's right and the sprit of toleration


High cost of litigation is beyond the means of an average person


Undue delay in the final disposal of the cases


All of the above



66. How many defences are available in an action for defamation

One Two


Three Four


67. Which of the following examples does not show vicarious liability

Liability of the principal for the tort of his agent


Liability of partners of each other's tort


Liability of master for the tort of his servant


Liability of employer for torts committed by an independent contractor employed by him


68. These are the various wrongs which find their place both under Criminal law and Law of Torts. These wrongs are

Assault, Defamation and Negligence


Assault, Defamation, Negligence and Conspiracy


Assault, Defamation, Negligence, Conspiracy and Nuisance


Defamation, Conspiracy, Negligence and Nuisance


69. A master is liable for the tortuous acts of his servant

If the act was committed in the course of the service, though master expressly refused his servant to do such an act.


If the act was committed in the course of the service, thought no express command by master be proved


If the master has ratified the act of his servant fully


Even if the act was done by the servant which is against the law


70. The fundamental principle of negligence was affirmed in the case of

Donoghue vs. Stevenson Asbhy vs. White


Balfour vs. Balfour Rylands vs. Fletcher


71. Peninsular and Oriental Steam Navigation Company Vs. Secretary of State for India is a leading case on

Strict Liability Absolute Liability


Both and Vicarious Liability of State


72. There is presumption of negligence if plaintiff can prove accident, this is based on the maxim

Res ipsa loquitor Volenti non fit injuria


Audi alteram partem Damnum sine injuria esse potest


73. Who defined "Act of God" as an operation of natural force so unexpected to anticipate it

Salmond Winfield


Frazier Pollock


74. If A makes a false complaint to a judicial officer, and B is taken into judicial custody under the orders of the judicial officer

A would be liable for false imprisonment


A would be liable in damages for malicious prosecution


A would not be liable for false imprisonment


A would be liable in damages for malicious prosecution but not for false imprisonment



75. Which is not an essential condition for initiating proceedings for malicious prosecution

Plaintiff has suffered damage as a result thereof


Prosecution has not terminated in favour of the person complaining of it


The defendant in so prosecuting acted without reasonable and probable care


Plaintiff has to prove that he was prosecuted by the defendant on a criminal charge


76. The doctrine of "aboslute liability" was propounded by the Supreme Court of India in the case

M.C. Mehta Vs. Union of India in 1984


M.C. Mehta Vs. Union of India in 1987


Bhopal Gas Leak case in 1990


Madras Railway Co. Vs. Zamindar of Carventnagram


77. Persons are said to be joint tort feasor when their separated share in the commission of the tort are done in furtherance of a common

Design Motive


Intention Participation


78. How many remedies are available to a person for nuisance

One Two


Three Four


79. Which is not a valid defence to an action for nuisance

Nuisance is under terms of a grant


Prescription


When a statute has authorised the doing of a particular act


Plaintiff himself came to the nuisance


80. Tort is a violation of

A right in personam A right in rem


Both right in personam and right in rem None of the above


81. Which of the following statements is incorrect

Actus Reus means an act of commission or omission, which is called conduct


Actus Reus means voluntary as well as involuntary human action


Actus Reus includes results of an act i.e. injury


Both and


82. Nullum crime sine lege means

Laws passed after the occurrence of the conduct


No punishment is administered without specified authority in law


Nothing is a crime without a specific law defining it as such


No one can be punised for the same crime twice



83. Nulla poena sine lege is the principle that

A crime must have two elements


No punishment is administered without specific authority in law


One can be punished for a crime retrospectively


Law can only be passed by the legislature


84. For the application of section 149 there must be at least

Two persons More than two persons


Five persons More than five persons


85. Self defence is not a defence if

It is used to repel an unprovoked attack


One is attacked and the police is not around to protect him


Attack exceeds limit i.e. proportionate to the danger faced


Using force to protect one's property


86. Which of the following is not abetment

Instigating someone to do a thing


Engages with one or more other person(s) in any conspiracy for doing that thing


Being threatened to do an act


Intentionally aids any act or illegal omission


87. Which one of the following is an incorrect statement in relation to essential elements of a crime

Volition Motive


Mens Rea Will


88. Which of the following is not a general exception

Act by a person by mistake of fact believing himself to be bound by law


Act done pursuant to the judgement or order of count


Act of a person incapable of judgement by reason of intoxication


Act likely to cause harm but done without criminal intent and to prevent further harm


89. Criminal breach of trust entails

Dishonest misappropriation of entrusted property belonging to another causing loss


Misappropriation of one's property


Converting property dishonestly for himself


Causing one to suffer loss for not follwing terms of contract


90. Sedition under Indian law does not include

Words spoken to bring hatred towards government established by law


Visible representation to bring hatred towards government established by law


Comments disapproving measures of government


Words spoken to bring government into contempt


EIJ-49861-A 12

91. What is theft

Taking immovable property out of possession of another


Intention to take immovable property without owner's consent


Taking dishonestly any moveable property out of possession of any person without that person's consent


Taking another person's property lawfully without his consent


92. Which of the following is true

In all theft there is robbery


In all robbery there is theft


In all extortion there is either theft or robbery


In all robbery there is either theft or extortion


93. Dacoity is

Attempt to commit or committing robbery


Committing armed robbery


When five or more persons conjointly commit or attempt to commit a robbery


Robbery with violence by thieves


94. What is the punishement for theft under IPC

Imprisonment for three years, or with fine, or with both


Imprisonment for two years, or with fine, or with both


Imprisonment for two and a half years


Imprisonment for one year and fine


95. Culpable homicide is defined in section of IPC.

S. 299 S. 300


S. 301 S. 302


96. Preparation and attempt are two stages of commission of crime. Preparation is not punishable generally but attempt is. One basic reason why preparation is not punishable is that there

Is no nexus between preparation and attempt


Can be chances of change of mind before commission of offence


Is absence of intention


Is absence of attempt


97. Sedition is governed under section of IPC.

S. 124 S. 124


S. 125 S. 126


98. Under S. 406 of IPC Punishment for criminal breach of trust is

Imprisonment for a term which may extend to two years, or with fine, or with both


Imprisonment for a term which may extend to two years, or with fine


Imprisonment for a term which may extend to four years, or with fine, or with both


Imprisonment for a term which may extend to three years, or with fine, or with both



99. Theft is defined under S. of IPC.

S. 365 S. 370


S. 378 S. 390


100. A is at work with an axe; the head flies of and kills a man who is standing by. Here, if there was no want of proper caution on the part of what is he guilty of

His act is excusable and not an offence


Murder


Culpable homicide amounting to murder


Culpable homicide not amounting to murder


101. In contract law offer does not entail

An expression of a willingness to be bound


A statement about what each party to the proposed agreement should do or abstain from doing


It should be made with a view of obtaining assent of the offeree to the proposed act or abstinence


It is not necessarily made with a view of obtaining assent of the offeree


102. Which of the following statements is correct

A lunatic person can never enter into a contract


A lunatic person is legally capable of entering into a contract at any time


A lunatic person should not enter into a contract


A lunatic person, who is at intervals of sound mind, may contract during those intervals


103. Which is not a necessary condition for the fulfilment of acceptance

Acceptance must be absolute


It must be unconditional


Communication of acceptance to the offeror


An acceptance that adds or varies the term of offer


104. A person who gets into a taxi and gives an address, is undertaking to pay for the ride, while the driver is undertaking to deliver the person to the address though neither have said these things is

An agreement communicated verbally An agreement inferred from conduct


An agreement communicated in writing Is not a valid contract


105. In England when parties are at a distance a contract is complete

When acceptance letter is posted


When acceptance letter is received


When acceptance letter is received and accepted


When acceptance letter is written


106. Consideration is governed by S. of the Indian Contract Act.

S. 20 S. 22


S. 25 S. 28


EIJ-49861-A 14

107. Consideration in contract means

Enfrocement of the contract


Thinking about a contract


Something which is of some value in the eyes of law


Promise to do something


108. "A" threatened "B" to commit suicide if B did not employ him in his factory. An agreement so made can be avoidable by B on the ground of

Undue influence Criminal intimidation


Coercion Duress


109. Who has said that "an offer need not be made to an ascertained person, but no contract can arise until it has been accepted by an ascertained person"

Cheshire and Fifoot Anson


Lord Atkin Lord Stowell


110. Which section of the Indian Contract Act, defines persons who are competent to contract

S. 10 S. 11


S. 13 S. 14


111. Which of the following is an effect to minors contract

No estoppel against minor


Liability in contract


Can be compelled to repay value of goods sold by the minor


Liability in tort arising out of contract


112. Where consent to an agreement is by coercion the contract is

Voidable at the party whose consent was so caused


Void


Voidable by the party that caused coercion


Enfroceable at the option of either party


113. Which of the following is a void agreement

Agreement to supply essentials to a minor


Agreement based on an impossible event


Agreement to compensate for services rendered to a person of unsound mind


Agreement restraining marriage of a minor


114. The rule in Hadley vs. Baxendale deals with

Damages for breach of contract Unenforceable contracts


Voidable contracts Quasi contracts


115. The Carlill. Vs. Carbolic Smoke Ball Co., case is related to

Offer and counter offer Offer to public at large


Invitation to offer to public at large Offer and revocation of offer



116. Which of the following is a contract

An agreement to do a lawful act by unlawful means


An Undertaking in writing duly signed to pay the time barred debt


An agreement in restraint of the lawful trade


An agreement to pay Rs. 1000/- only without consideration


117. Which is not a remedy for breach of contract

Action for damages Imprisonment


Rescission of contract Termination of contract


118. Compensation for loss or damage caused by breach of contract is provided under S of Indian Contract Act.

S. 71 S. 72


S. 73 S. 74


119. proposes by letter, to sell a house to at a certain price. The Communication of proposal is complete when

puts letter in letter-box receives the letter


puts reply in letter-box receives reply of


120. If promissor offers to perform his obligation under the contract i.e "Tender of Performance" and the promisee refuses to accept the performance, promissor

Is responsible for non-performance Loses his rights under the contract


Can treat contract as performed Cannot treat contract as performed



ROUGH WORK


ROUGH WORK