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Legal Aptitude Quiz-18

Dear Readers,

Legal Aptitude is an important subject in CLAT,DULLB & Other Law Exams. In any of law exam, legal aptitude carries weightage of 25 % of questions. With focused practice good marks can be fetched from this section. These questions are very important in achieving your success in CLAT, DULLB and Other Law Exams..

Q1. The offence of theft is covered under section ..................... of the Indian Penal Code.
  •  352
  •  365
  •  378
  •  393
Solution
The Section 378, Indian Penal Code states that whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Q2. Which of the following protects personal freedom?
  • Quo-warranto
  •  Mandamus 
  •  Habeas Corpus
  •  Certiorari
Solution
Writ of habeas corpus is used to secure release of a person from illegal detention. By this writ the court ensures the physical appearance of the detained person and enquires about the reason for his detention. If sufficient reasons are not given then the* person so detained can be set free.

Q3. Who administers oath to the Governor of a State?
  •  President of India
  • Chief Justice of the State High Court
  •  Advocate General of the State
  •  None of the above
Solution
Article 159, Constitution of India provides that oath by the Governor shall be taken in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State

Q4. If In which Article of the Constitution, the eligibility for re-election of the President is given?
  •  Article 57
  •  Article 58
  •  Article 59
  •  Article 60
Solution
The Article 57 of The Constitution of India deals with the eligibility for re election and it states that a person who holds, or who has held, the office as President shall, subject to the other provisions of this Constitution, be eligible for re election to that office.

Q5. Who amongst the following is not appointed by the President?
  •  Attorney General
  •  Advocate General
  •  Chief Justice of India
  •  Chief Election Commissioner
Solution
The Article 57 of The Constitution of India deals with the eligibility for re election and it states that a person who holds, or who has held, the office as President shall, subject to the other provisions of this Constitution, be eligible for re election to that office.

Q6. The Concept of Judicial Review in India has been taken from the Constitution of:
  •  Britain
  •  France
  • USA
  •  Switzerland
Solution
The Article 57 of The Constitution of India deals with the eligibility for re election and it states that a person who holds, or who has held, the office as President shall, subject to the other provisions of this Constitution, be eligible for re election to that office.

Q7.  In which of the following cases it was held that there is no reason to compel non-smokers to be helpless victims of air pollution?
  • MC Mehta vs. Union of India
  •  MC Mehta vs. Union of India
  •  PUCL vs. Union of India
  •  D.K. Basu vs. State of West Bengal
Solution
The Article 57 of The Constitution of India deals with the eligibility for re election and it states that a person who holds, or who has held, the office as President shall, subject to the other provisions of this Constitution, be eligible for re election to that office.

Q8. Opino jurissive necessitates means:
  •  Opinions of jurists are necessary evidence for determining rules of international custom.
  •  Opinions of jurists are not necessary for ascertaining the rules of international law.
  •  The feeling on the part of States that in acting as they do they are fulfilling a legal obligation.
  •  None of the above
Solution
The feeling on the part of States that in acting as they do they are fulfilling a legal obligation is called Opino jurissive necessitates. It is the principle of International Law where states believe or accept that a practice exists and must be followed to the extent that it becomes part of the body of norms known as international Customary Law.

Q9. Protection and improvement of environment and safeguarding forests and wildlife is:
  •  A fundamental right.
  •  One of the Directive Principles of State Policy
  •  One of the Fundamental Duties.
  •  Both one of the Directive Principles of State Policy and one of the fundamental duties.
Solution
Directive Principles of State Policy: Article 48A of the Constitution states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. Fundamental Duties: Article 51A of the Constitution states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; 

Q10. A sentence of death passed by a sessions court:
  •  Must be confirmed by the relevant High Court
  •  Must be confirmed by the Supreme Court
  •  Is operational if no appeal is made to higher courts
  •  Must be confirmed by the President
Solution
After the award of the death sentence by a sessions (trial) court then the sentence has to be confirmed by a High Court to make it final.

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