legal-aptitude-quiz4

Legal Aptitude Quiz-4

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.  A suit for malicious prosecution may be brought by the original defendant: 

•  At the time the complaint is filed against him
•  At the time the prosecution begins
•  Upon conviction
•  Upon acquittal

Solution
Malicious prosecution refers to the abuse of process.Its elements include intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution.

Q2.  The defence of ..................... may be used when an injury is caused to a person by an event that could not be unforeseen, unexpected and unavoidable despite reasonable care taken on the part of the defendant.

•  Inevitable Accident
•  Act of God
•  Volenti Non Fit Injuria
•  Act of Third party

Solution
Inevitable-accident doctrine is a principle of Tort law that says that a person cannot be liable for an accident that was not foreseeable and that could not have been prevented by the exercise of reasonable care.

Q3. Part IX of the Constitution deals with:

•  The Union Judiciary
•  High Courts in the states
•  High Courts in the states
•  The Panchayats

Solution
Part IX of the Constitution refers to the panchayats. It was inserted in the Constitution by the 73rd Constitutional Amendment.

Q4.  ..................... is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one’s property in a manner that substantially interferes with the enjoyment or use of another individual’s property, without an actual trespass or physical invasion to the land.

•  Negligence
•  Trespass against property
•  Nuisance
•  Contributory Negligence

Solution
uisance is the unreasonable interference with another’s use and enjoyment of his space and property.

Q5. The right to approach the Supreme Court to grant special leave to appeal from any
judgment, decree, determination, sentence or order in any cause or matter passed or made
by any court or tribunal in the territory of India is known as:

•  Appeal
•  Public Interest Litigation
•  Original Jurisdiction
•  Special Leave Petition

Solution
Article 136 of Constitution enshrines the power of Special Leave Petition on Supreme Courts. Special Leave Petition means that you take special permission to be heard in appeal against any High Court/tribunal verdict. Usually any issue decided by the State High Court is considered as final, but if there exist any constitutional issue or legal issue which can only be clarified by the Supreme Court of India then, this leave is granted by the Supreme Court & this is heard as a Civil or Criminal appeal as the case may be. Going to the Supreme Court in appeal should not be considered a matter of right by any one but it is matter of privilege which only the Supreme Court will grant to any individual if there exists an important constitutional or legal issue involved.

Q6.  If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by ..................... , he may, by Proclamation, made a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation.

•  war or external aggression or armed rebellion
•  war or battle or alien enemy
• war or external aggression or internal disturbance
•  war or armed rebellion or internal disturbance

Solution
Article 352 of Constitution of India provides that if the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration of National Emergency

Q7. In a cognizable case, police will have powers to:

•  investigate without the power to arrest without a warrant
•  investigate with the power to arrest without a warrant
•  investigate and power to arrest without a warrant on the condition that the accused be presented before a judge within 24 hours
•  investigate and arrest without a warrant, only on informing the magistrate of their intentions prior to such arrest

Solution
Sec 2 (c) of Code of Criminal Procedure, 1973 defines a cognizable offence as an offence for which a police officer may, arrest without warrant.

Q8. Which of the following is a valid contract?

•  contract in restraint of marriage
•  contract in restraint of legal proceedings
•  contract in restraint of trade
•  None of the above.

Solution
All mentioned contracts are expressly declared void by the Indian Contract Act 1872.

Q9.  Age of minority, in the case of kidnapping has been defined as ..................... by
the I PC:

•  16 years
•  18 years
•  18 years for male and 21 for female
•  16 years for male and 18 years for female

Solution
S.361 IPC provides the definition of Kidnapping. The age of minority defined for the offence is 16 years for male and 18 years for female.

Q10.   Which of the following is entrusted with a statutory duty of laying down the standards of the professional conduct and etiquette for advocates in India?

•  Supreme Court of India
•  Bar Association of India
•  Bar Council of India
•  Delhi Bar Council

Solution
Bar Council of India established under the Advocates Act 1961 is entrusted with a statutory duty of laying down the standards of the professional conduct and etiquette for advocates in India.