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Legal Terms and Maxims Questions Based on Previous Papers
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Legal Terms and Maxims Questions Based on Previous Papers
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25 Questions

1. ________ is an established defence when it is proved that the plaintiff failed to take reasonable care of himself and thus contributes to his injuries
2. A. Motive 1. Cheque.
B. Negligence 2. Gross carelessness.
C. Negotiable 3. Purpose behind instrument action. A B C
3. A. Tortfeasor 1. One who commits tort.
B. Vandalism 2. Damaging property.
C. Void 3. Having no legal effect. A B C
4. Legal Principle: A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published. Factual Situation: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra’s friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named ‘ricky-thakuris- a-jerk.com’. She created this website so as to warn other girls about Ricky Thakur. The real Ricky Thakur files a suit for defamation. Decide. Decision:
5. When a legislation is said to be retrospective legislation
6. Adverse possession means
7. A. Arrest 1. Refuge granted to absconder.
B. Arson 2. Reckless destruction of property by fire.
C. Asylum 3. Apprehension of a person by police officer. A B C
8. Assertion (A): Every person should have the freedom of speech and expression. Reason (R): If a person is stopped from speaking then mankind will lose the truth.
9. Principle: A person has no legal remedy for an injury caused by an act to which he has consented. Facts: R, a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits R on his body and injures him. He sues IPL for compensation for the medical expenses. Which of the following derivations is CORRECT?
10. Legal Principle:
1. Bigamy is not permitted under Hindu law.
2. A Hindu of sound mind can adopt a child of the gender they don’t already have a child of.
3. Only the child’s father, mother or guardian has the capacity to give the child up in adoption, under Hindu law. Factual Situation: Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son, Gunjan, with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh’s brother. However, Rajat’s parents decide to go off to Dubai for 5 years and they leave their son under the care of Ramesh’s sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Suman want to adopt a daughter is well and they do adopt a girl – Sara – from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire family member are Buddhists. Keeping in mind the given principles and facts, solve the questions. Is Rajat’s adoption a valid adoption? Decision:
11. A. Voidable 1. Capable of being avoided.
B. Ultra vires 2. Within powers.
C. Intra vires 3. Beyond powers. A B C
12. Match the following:
I. Adulteration A. Adding of substance to food which renders it dangerous to health. II. Adultery B. Having sexual intercourse with married woman. III. Alibi C. A dispute. IV. Alteration D. An excuse.
13. A. Abduction 1. The failure of a person to surrender to the custody of a court in order to avoid legal proceedings.
B. Abortion 2. The termination of a pregnancy, a miscarriage or the premature expulsion of a foetus from the womb before the normal period of gestation is complete.
C. Absconding 3. Wrongfully taking away or detaining another person, usually by force or fraud. A B C
14. Legal Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the state can take away a person’s fundamental right. Factual Situation: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law. Decision:
15. In which case the Supreme Court held that Article 21 includes right to die?
16. The difference between an advertisement for sale and a proposal is
17. Double jeopardy means
18. Legal Principle: Everybody is under a legal obligation to take reasonable care to avoid acts or omission which he can foresee would injure his neighbour, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act. Factual Situation: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around. Lekha, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lekha filed a suit against Krishnan claiming damages. Decision:
19. Principle: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation or mistake. When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void. Facts: X threatens to gun down Y, if he (Y) does not sell his property worth 20,00,000 for merely 1,00,000. As a consequence, Y agrees to sell it as demanded by X. Which of the following derivations is CORRECT?
20. In which among the following cases the prisoners are entitled to rights under Articles 14, 19 and 21 of the Constitution of India and these articles operate within the prison?
21. A. Condominium 1. Joint sovereignty
B. Conjugal rights 2. Matrimonial rights
C. Consent 3. Agreement by choice A B C
22. When any law is said to be intra vires
23. Res judicata is known as
24. Principle: Whenever there is an invasion of a legal right, the person in whom the right is vested is entitled to bring an action though he has suffered no actual loss or harm and may recover damages (compensation). Facts: A was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom A wanted to vote, won the election. But, A brought an action for damages: Which of the following derivations is correct?
25. When a contract is void ab initio?