Legal Aptitude 1

Description: Legal Aptitude
Number of Questions: 15
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Tags: Legal Aptitude Legal Reasoning
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Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally. (2) A window can not claim the property of the deceased if on the date when the question of succession opens, she has remarried. (3) A female acquiring property in any way has the absolute title to the property. Apply the above three principles and decide the case of the following fact situation:

Facts: When sudhir died, he had 1/3rd share of the family property, which the three brothers Rudhir, Sudhir and Yasu in herited from father, B. Sudhir died on September 23rd 2006 without having any issue. The widow of sudhir, Ms Win remarried on January 1, 2007. Rudhir and Yasu refused 'win' the share from Sudhir's portion when Win claimed the entire property belonging to Sudhir on January 30, 2007. Select your decision from the possible decisions given in list I and the appropriate reason from the indicated reason given in list II given below: List I - Decisions (a) Win cannot inherit the property of Sudhir (b) Win can inherit the property of sudhir List II - Reasons (i) Win does not belong to the family (ii) Win was remarried (iii) Her claim was on the date of Sudhir's death (iv) Her claim was subitted after she was remarried

  1. (a) (i)

  2. (a) (ii)

  3. (a) (iii)

  4. (a) (iv)


Correct Option: B

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason.(1) If a person commits an act by which death is caused to another person and the act is done with the intention of causing death, that person is liable for murder (2) A person has a right of self defence to the extent of causing death to another provided he apprehends death by the act of the letter

Facts Shuva went to a hardware shop owned by Anup. Bargaining on some item led to altercation between the two and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his wife Maridula intervened and she was also hit by Shuva and she became unconscious. Finding him self totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly. Facts Shuva went to a hardware shop owned by Anup. Bargaining on some item led to altercation between the two and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his wife Maridula intervened and she was also hit by Shuva and she became unconscious. Finding him self totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly. Possible decisions (a) Anup murdered Shuva. (b) Anup killed Shuva with the intention of killing to save himself and his wife. (c) Anup killed Shuva without any intention to do so just to save him self and his wife probable reasons for the decision (c) Anup killed Shuva without any intention to do so just to save him self and his wife probable reasons for the decision (i) if a person kills another instantly on the spot, the intention to kill is obvious (ii) Anup used force apprehending death of himself and his wife (iii) Anup used disproportionate force (iv) there was nothing to show that Shuva wanted to kill Anup or his wife

  1. (a) (i)

  2. (a) (ii)

  3. (a) (iii)

  4. (a) (iv)


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) Consumer good witch are not fit for consumption are not marketable (2) A consumer shall not suffer on account of unmarketable goods (3) A seller is liable for knowingly selling unmarketable goods (4) A manufacturer shall be liable for the quality of his products

Facts: Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle an poured the drink the into the glasses drinking. He felt irritation in his throat, immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler. Kishan and co. Suggested decisions (a) Ram cannot get compensation (b) Tom can get compensation (c) Both ram and tom can get compensation Suggested reasons (i) Shama did not know the contents of sealed bottle. (ii) Ram did not actually suffer though he bought the bottle (iii) Tom did not buy the bottle (iv) Coca Cola company is responsible since it supplied the concentrate. (v) Kishan & co, is responsible since it added water, sugar, etc, and sealed the bottle (vi) Shama is responsible for selling the defective product.

  1. (a) (ii)

  2. (b) (Vi)

  3. (c) (v)

  4. (c) (iv)


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) If A is asked to do something by B, B is responsible for the act, not A. (2) If A, while acting for B commits a wrong, A is responsible for the wrong, not B (3) If A is authorized to do something for B, but in the name for A without disclosing B's presence, both A and B may be held liable.

Facts: Somu contracted with Amar where under Amar would buy a pump set to be used in Somu's farm such a pump set was in short supply in the market. Gulab, a dealer, had such a pump set and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar. Proposed decision (a) Amar alone is liable for the wrong through he acted for Somu. (b) Amar is not liable for the wrong. Through he is bound by the contract with Somu. (c) Somu is bound by the contract and liable for the wrong. (d) Both Somu and Amar are liable for the wrong. Suggested reasons (i) Amar committed the wrong while acting for the benefit of Somu. (ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself. (iii) Both Amar and Somu are liable since they are bound by the contract. (iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.

  1. (a) (i)

  2. (a) (iii)

  3. (c) (iii)

  4. (d) (iv)


Correct Option: B

All contracts are agreements all agreements are accepted offers.

Which of the following derivation is correct?

  1. All accepted offers are contracts

  2. All agreements are contracts

  3. All contracts are accepted offers

  4. none of the above


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) The owner of a land has absolute interest on the property including the contents over and under the property. (2) Water flowing below your land is not yours though you can use it. (3) Any construction on your land belongs to you. (4) All mineral resources below the land belong to the state.

Facts: There is a subterranean water flow under Suresh's land surface. Suresh constructed a huge reservoir and drew all subterranean water to all reservoirs. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them. Proposed decision (a) Suresh need not demolish the reservoir. (b) Suresh has to demolish the reservoir. (c) Suresh has to share the water with his neighbours. (d) The government can take over the reservoir. Possible reasons (i) Water cannot be captured by one person for his personal use (ii) The government must ensure equitable distribution of water (iii) Whatever is under Suresh's land may be used by him. (iv) Suresh has to respect the rights of others regarding water.

  1. (a) (iii)

  2. (b) (i)

  3. (c) (iv)

  4. (d) (ii)


Correct Option: D

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) A person is liable for negligence, if he fails to take care of his neighbour's interest (2) A neighbour is anyone whose interest should have been foreseeable by a reasonable man while carrying on his activities.

Facts: A cricket mach was going on in a closed door stadium. A cricket fan who could not get in to the stadium was watching the game by climbing up a nearby tree and sitting there. the cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers. Possible decisions (a) The organizers are liable the compensate the injured person. (b) The organizers are not liable to compensate the injured person. (c) The injured person should have avoided the place where he might be hit by the cricket ball Possible reasons (i) The organizers are responsible for the people inside the stadium. (ii) The organizers could not have foreseen somebody watching the game by climbing up a tree. (iii) A person crazy about something must pay the price for that. (iv) The organizers shall be liable to everybody likely to watch the game.

  1. (a) (iv)

  2. (a) (iii)

  3. (b) (ii)

  4. (c) (i)


Correct Option: C

A contract contravening public policy is void. These cannot be a genera definition of public policy.

Which of the following derivation is correct?

  1. There cannot be a general definition of contract

  2. Since public Policy is uncertain, contract is also uncertain

  3. The impact of Public Policy on contract is to be judged in individual cases

  4. None of the above


Correct Option: C

No minor can enter into a contract of work. Working in a shop can be done only by a contract.

Which of the following derivation is correct?

  1. A minor cannot work in a shop

  2. A shop cannot work in a shop

  3. There cannot be a contract to which minor is a party

  4. none of the above


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) An employer shall be liable for the wrong committed by his employees in the course of employment. (2) Third parties must exercise reasonable care to find out whether a person is actually acting in the course of employment.

Facts: Nandan was appointed by syndicate bank to collect small savings from its customers spread over in different places on daily basis. Nagamma, a housemaid, was one of such customers making use of Nadan's service. Syndicate bank after a couple of years terminated Nandan's service. Nagamma unaware of this fact was handing over her savings to Nandan who misappropriated them. Nagamma realized this nearly after three months, when she went to the bank to withdraw money. She filed a complaint against the bank. Possible decisions (a) Syndicate Bank shall be liable to compensate Nagamma (b) Syndicate Bank not be liable to compensate Nagamma (c) Nagamma ha to blame herself for her negligence Suggested reasons (i) Nandan was not acting in the course of employment after the termination of his service. (ii) A person cannot blame others for his own negligence. (iii) Nagamma was entitled to be informed by the back about Nandan. (iv) The bank is entitled to expect its customers to know actual position.

  1. (b) (i)

  2. (c) (ii)

  3. (a) (iii)

  4. (b) (iv)


Correct Option: C

All motor vehicle are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.

Which of the following derivation is correct?

  1. All third party insurances relate to motor vehicles

  2. Vehicles not using mechanical device need not have third party insurance

  3. All vehicles must have third party insurance

  4. None of the above


Correct Option: B

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. (2) Nobody shall himself at other's expense.

Fact: A patient suffering from stomach ailment approached a teaching hospital. He was diagnosed as suffering from a appendicitis and his appendix was removed. He become alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital. Possible decisions (a) The hospital need not share its profits with the patient (b) The hospital may share its profit on ex gratia basis. (c) The hospital shall share its profits with the patient. Possible reasons (i) The patient, far from being deprived of the use of his appendix, actually benefited by its removal. (ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the result of its own effort. (iii) The hospital could not have achieved its success without that appendix belonging to the patient. (iv) Everybody must care for and share with others

  1. (a) (i)

  2. (a) (ii)

  3. (c) (iii)

  4. (c) (iv)


Correct Option: A

International Law is the law between sovereign state. A sovereign is the supreme authority not bound by legal constraints.

Which of the following derivation is correct?

  1. International law is not law binding on the sovereign states

  2. International law is only a positive morality

  3. International law is in the nature of pact between sovereign states

  4. None of the above


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) A master shall be liable for the fraudulent acts of his servants committed in the course of employment (2) Whether an acts is committed in the course of employment has to be judged in the context of the case (3) Both master and third parties must exercise reasonable care in this regard.

Fact: Rama Bhai was an uneducated widow and she opened a S.B account with syndicate Bank with the help of her nephew by name Keshav show was at that time working as a clerk in the bank, keshav used to deposit the money of Rama Bhai from time to time and get the entries done in the passbook. After a years or so, Keshav was dismissed from the service by the bank. Being unaware of this fact Rama Bhai continued to hand over her saving to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from the scene one day and she sought compensation from the bank. Possible decision (a) Syndicate Bank shall be liable to compensate Rama Bhai (b) Syndicate Bank shall not be liable to compensate Rama Bhai (c) Rama Bhai cannot blame others for her negligence. Possible reasons (i) Keshav was not an employee of the Bank when the fraud was committed. (ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshav (iii) It is the Bank's duty to take care of vulnerable customers. (iv) Rama Bhai should have checked about Keshav in he own interest.

  1. (a) (iii)

  2. (c) (iv)

  3. (b) (ii)

  4. (b) (i)


Correct Option: C

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) Copying including attempt to copy in examinations is a serious offence. (2) One shall not take any unauthorized materials into the examinations hall.

Facts: Rohini, an examinee in PUC, was thoroughly checked while entering into the examination hall. she did not have anything other than authorized materials such as pen, instrument box, etc. with her. As she was writing he paper an invigilator found close to her feet a bunch of chits. The invigilator on scrutiny found that the chits contained answers to the paper being written by Rohini. Rohini's answers tallied with the answer in the chits. A charge of copying was leveled against Rohini. (a) Rohini shall be punished for copying. (b) Rohini cannot be punished for copying Probable reasons (i) something's lying near the feet does not mean that the person is in possession of that thing. (ii) The fact that she was checked thoroughly while getting into the hall must be conclusive. (iii) Similarities between her answers and the answers in the chit indicate that she used those chits. (iv) After using those chits, she must have failed to dispose of them properly.

  1. (a) (iii)

  2. (a) (iv)

  3. (b) (iii)

  4. (b) (i)


Correct Option: D
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