CLAT LLM 2011 Question Paper

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CLAT LLM 2011 Question Paper

CLAT LLM 2011 Offical Question Paper is given below for Postgraduate Course.

PART-A

CONSTITUTIONAL LAW

1. In which case has the Supreme Court of India decided that the reservation should be less than 50%?

a) Champakam Doraiarajan v. State of Madras
b) M.R. Balaji v. State of Mysore
c) R. Chitralekha v. State of Mysore
d) None of the above

2. Which of the following is accepted as the official language of the Union of India

a) Hindi in both Devanagiri and Urdu Scripts with Roman Numerals
b) English with Roman Numerals
c) Hindi in Devanagiri Script with the International form of Indian Numerals
d) None of the above

3. According to Dr. Subrahmaniamswami v. State of Kerala, WP(C)No. 35180 of 2009(S), use of Islamic principles in financial services where State has a share:

a) Will be violative of the principles of secularism
b) Will not be violative of the principles of secularism
c) Left Undecided
d) Will be violative of the Basic Structure

4. What do you understand by ‘horizontal application of rights’?

a) Equal fundamental rights to all
b) Equality before law and equal protection of laws
c) Fundamental rights enforceable against private persons
d) None of the above

5. Interpretative value of Preamble was discussed in:

a) In re Berubari Union
b) Union of India v. Azadi Bachao Andolan
c) Satate of Gujarat v. Shanti Lal Mangaldas
d) None of the above

6. Figure out the correctness of the following statement and identify which of the following four options are correct: ‘The President can at any time withdraw an ordinance.’

a) Yes, the President can
b) No, the President cannot
c) It is the respective ministry for whom the ordinance is brought who have the power to withdraw
d) An ordinance always will have to lapse

7. The power of pardon is vested in the:

a) President
b) Prime Minister
c) Governors
d) President and the Governors

8. The golden triangle in Indian Constitution consists of:

a) Articles 14, 15 and 16
b) Articles 14, 19 and 21
c) Articles 14, 21 and 32
d) Articles 20, 21 and 32

9. In Hoechst Pharmaceuticals Ltd. V. State of Bihar, the state made a law under entry 54, List II and Center made a law under entry 33 of List III. The laws overlap. Will repugnancy arise in such a case?

a) The question of repugnancy under Art. 254(1) between a law made by Parliament and a law made by the State legislature arises only in case both the legislations occupy the same field with respect to one of the matters enumerated in the Concurrent List
b) There has to be a direct conflict between the two laws
c) Both a and b have to be satisfied
d) If the laws overlap repugnancy will invariably arise

10. In Automobile Case, Section 4 of the Rajasthan Motor Vehicles Taxation Act, 1951 was challenged as violative of Article 301 of the Constitution. The Supreme Court held that:

a) Compensatory taxes and regulatory laws are outside the purview of Article 301
b) Law imposing tax will always have to satisfy the stipulation of prior Presidential sanction in Article 304(b)
c) Courts have very limited role to play in taxation laws
d) None of the above

11. The opinion of the Amicus Curiae in Aruna Ramachandra Shanbaug’s case was:

a) in favour of passive euthanasia provided the decision to discontinue life support was taken by responsible medical practitioners
b) in favour of passive euthanasia provide the decision to discontinue life support was taken under the supervision of the higher judiciary
c) in favour of both passive and active euthanasia provided the decision to discontinue life support was taken by responsible medical practitioners approved by the judiciary
d) None of the above

Please go through the following provisions of Constitution of India and the Subordinate Services Rules 1958 and answer questions 12 and 13:

Art. 16.(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Rule: 13 of the Subordinate Services Rules 1958 – Notwithstanding anything contained in these rules, the Government may, by order, exempt for a specified period, any member or members, belonging to a Scheduled Caste or a Scheduled Tribe, and already in service, from passing the tests for promotion from Lower Division Clerk to Upper Division Clerk

12. In the light of the above and decided cases, will equality of opportunity permit reservations to be made in promotions?

a) Yes, it is possible
b) Yes, but not in selection grade posts
c) No, reservation is possible only at the stage of appointment
d) Yes, but onl y for backward classes not for SC/ST

13. Will the Rule be struck down on the test of classification?

a) Yes, there is an unreasonable classification within the cadre of Lower Division Clerks
b) SC/ST within the cadre could be treated as a class
c) There is no nexus to the object sought to be achieved
d) ‘Equality of opportunity’ in Art. 16(1) will not allow any classification to be made

Please go through the following passage and answer Questions 14, 15 and 16

“Now, the question immediately arises as to what is the requirement of Article 14: what is the content and reach of the great equalizing principle enunciated in this article? There can be no doubt that it is a founding faith of the Constitution. It is indeed the pillar on which rests securely the foundation of our democratic republic …. We must reiterate here what was pointed out by the majority in E.P. Royappa v. Stae of Tamil Nadu and An. namely, that “from a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic, while the other, to the whim and caprice of an absolute monarch. Where an act constitutional law and is therefore violative of Article 14”. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence and the procedure contemplated by Article 21 must answer the test of reasonableness in order to procedure contemplated by Article 21 must answer the test of reasonableness in order to be in conformity with Article 14. It must be “right and just and fair” and not arbitrary fanciful or oppressive; otherwise, it would be no procedure at all and the requirement of Article 21 would not be satisfied.”

(from the judgment of Bhagwati, J in Maneka Gandhi v. Union of India)

14. What according to you is the interrelationship between Arts. 21 and 14 as borne out from the above paragraph

a) Procedure under Art. 21 should satisfy the claims of reasonableness under Art. 14
b) Procedure under Art. 21 have to be judged independently of any other Article as Art. 21 has a special standing
c) Art. 21 is a self contained code
d) None of the above

15. Figure out the correctness of the following statement and identify which of the following options is correct
“A procedure which is arbitrary will definitely run counter to equality”

a) The statement is correct
b) The statement is incorrect
c) It is impossible to come to such a conclusion with the given paragraph
d) Equality and arbitrariness need not considered together

16. Which approach of equality is highlighted in the above paragraph?

a) Traditional doctrinaire approach
b) Dynamic approach
c) Textual approach
d) None of the above

Please answer Questions No. 17, 18 and 19 on the basis of the following passage and facts situation

“The true test is whether the effect of the impugned action is to take away or abridge fundamental rights. If it be assumed that the direct object of the law or action has to be direct abridgment of the right of free speech by the impugned law or action it is to be related to the directness of effect and not to the directness of the subject matter of the impeached law or action.”

Facts: A legislature passes an Act to regulate the number of pages according to the price charged, prescribe the number of supplements, the sizes and area of advertising matter in relation to the other matters contained in a newspaper. Penalties are also prescribed for contravention of the provision of the Act or Order. The state seeks to justify this Act ‘in the interest of general public”.

17. Applying the aforesaid test, will such an Act violate the fundamental right to freedom of speech and expression?

a) It will violate Art. 19 (1) (a)
b) It will not violate because the subject matter of the law is regulation of circulation not freedo m of speech and expression
c) It will not because it affects only circulation which is a commercial aspect
d) None of the above

18. Is commercial speech part of freedom of speech and expression?

a) No, it is not.
b) In every case one has to see what is the nature of the advertisement and what activity falling under Art. 19(1) it seeks to further. This determines whether it will get protection
c) Commercial speech is a part of the freedom of speech and expression guaranteed under Articile 19(1) (a) of the constitution
d) None of the above

19. Will the State be successful in its defence that the action is taken under the interest of the general public

a) Yes, because newspaper price and page control is in the interest of the general pubic
b) No it will not as it will only affect the commercial interest of the newspapers
c) No it will not as interest of general public cannot be a ground under Art. 19(2)
d) None of the above

20. Art. 74(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

In the light of Article 74 (2) and decided cases, test the correctness of the following statements: Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.

Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in Article 74(2) does not negate their right to know about the factual existence of any such material.

a) Only Statement 1 is correct
b) Only statement 2 is correct
c) Both statements are incorrect
d) Both statements are correct

LAW OF CONTRACTS

21. The two main competing definition s of contract in the common law are:

a) “Contract is a promise or set of promises which the law will enforce” and “Contract is an agreement giving rise to obligations which are enforced or recognized by law”
b) “Contract is a civil obligation” and “Contract is a transaction supported by legal intention”
c) “Contract is a negotiation enforceable by law” and “Contract is a bundle of voluntary rights”
d) None of the above

22. One of the basic principles of the common law of contract is:

a) “that the parties to a contract are free to determine for themselves what primary obligations they will accept”
b) “that the parties can claim damages for breach of contract”
c) “that the parties can decide for themselves what restitutionary relief they can give to the other”
d) None of the above

23. Contracts d’ adhesion are:

a) Contrary to the idea of freedom of Contract
b) Upholds the idea of freedom of Contract
c) Is just a clause of a Contract
d) None of the above

24. When one states that “the law leaves a contractor free from interference until the time for fulfillment has gone by, and therefore to break his contract if he chooses” what one really means is:

a) “Law does not actually compel the performance of a contract, it merely gives a remedy, normally damages, for breach”
b) “Law emphasizes on effective enforcement of contract”
c) “Law recognizes the binding force of the contract and believes that every one will perform their obligation”
d) None of the above

25. The Indian Contract Act of 1872 does not recognize a general principle of:

a) Bad faith
b) Error
c) Causa
d) Good faith

26. Unlike in Civil Law, in Common Law an offeror is generally allowed to withdraw the offer, before it is  ccepted. This approach of Common Law is dictated by the:

a) Absence of acceptance of the offer
b) Absence of intimation of the offer
c) Absence of consideration
d) None of the above

27. A calls up B and asks “Will you sell me your house? SMS me the lowest cash price.” B’s reply b y SMS was “Lowest cash price for my house is rupees 1 crore.” A, immediately sent another SMS to B stating “I agree to buy your hose for rupees 1 crore, as asked by you.” B did not respond and subsequently sold the house to C. B’s SMS to A was”

a) An offer
b) An acceptance
c) An invitation to receive offer
d) None of the above

28. The difference between an offer and invitation to receive offer is that:

a) An offer is definite and without ambiguity and an invitation to receive offer is a mere statement, with scope of further negotiations.
b) An offer is a statement and an invitation to receive offer is a printed offer to invite acceptance.
c) An offer when accepted becomes a contract whereas an invitation to receive offer can only lead to making of an offer.
d) Both a) and c)

29. As per the objective test of offer:

a) Once the parties have by all outward appearances agreed in the same terms on the same subject matter, then neither can, generally, rely on some unexpressed qualification or reservation to show that he had not in fact agreed to the terms to which he had appeared to agree.
b) Once the parties have mentally decided to agree in the same terms on the same subject matter, then neither can generally rely on any unexpressed reservation to show that she had not in fact agreed on the same terms in the same sense.
c) Once the parties have been forced to agree, then notwithstanding the fact that outwardly they may not have appeared to agree, they can in fact be bound by the terms and subject matter of the agreement
d) None of the above

30. As per Section 4 of the Indian Contract Act, 1872, an offer is said to be accepted:

a) when the acceptance comes to the knowledge of offeror
b) when the acceptance is put in the course of transmission and is beyond the control of the acceptor
c) when the proposer calls up and is told by the acceptor of the acceptance
d) None of the above

31. As per the Last shot doctrine:

a) Where conflicting communications are exchanged, each is a counter-offer, so that if a contract results at all, it must be on the terms of the final document in the series leading to the conclusion of the contract
b) Where conflicting communications are exchanged, each is an offer, so that if there has to be an acceptance of the offer, it will be of the last offer in the series of offers
c) Where conflicting communication are exchanged, each is an acceptance, so that if there is an acceptance leading to the formation of the contract, it will be the last acceptance in the series
d) None of the above

32. As per the Mirror Image rule:

a) The offer and the counter offer must match each other
b) The acceptance should be unconditional and thus should correspond to the offer
c) The acceptance of the offer should be conditional
d) None of the above

33. A domestic arrangement lacks contractual force because:

a) There is lack of legal intention to be bound by such arrangement
b) There is lack of sincerity to perform such obligations
c) There is lack of understanding
d) None of the above

34. As per the Indian Contract Act, 1872:

a) there is no privity of contract and no privity of consideration
b) there is privity of consideration but no privity of contarct
c) there is privity of contract but there is no privity of consideration
d) None of the above

35. As per the Indian Contract Act, 1872:

a) Consideration can be past, present and future
b) Consideration can be past and present and future
c) Consideration can be present and future
d) None of the above

36. The doctrine of Promissory Estoppel was used by Denning J. to uphold the promise of a creditor “to accept a smaller sum in discharge of a larger sum” if such a promise is acted upon by the promise, “notwithstanding the absence of consideration”. Identify the relevant case in which the doctrine was so developed by Denning J:

a) Central London Property Trust Ltd. V High Trees House Ltd
b) Central Property of India v Hugh Metropolitan Limited
c) Central Inland Transport Corporation v Mumbai Port
d) None of the above

37. The two situations where the defence of non est factum is most obviously important is:

a) First, where a party has signed the supposed contract as the result of fraud of a third party and the other party to it has no actual knowledge or reason to know of, the fraud AND second, where the fraud has been committed by the other party to the alleged contract or deed and a third party has then relied on the document
b) First, where a party has signed the supposed contract negligently AND second, where the third
party relief on the negligence
c) First, where a party has deliberately allowed himself to be induced by fraud, with there being an actual knowledge of fraud AND second, where the fraud has been committed to the contract or deed and no third party has relied on it
d) None of the above

38. An insane person enters into a contract with another during the period of sanity. The contract so entered is a:

a) Valid contract
b) Void contract
c) Voidable at the option of the insane person
d) None of the above

39. The doctrine of Unconscionable bargains, as applicable to the contracts, under the Indian law, was established by the Supreme Court of India in the case of:

a) Central Inland Water Transport Corpn Ltd v Brojo Nath Ganguly
b) Afsar Shaikh v Soleman Bibi
c) Karamchand THapar & Bros Pvt Ltd v AB Gujaral
d) None of the above

40. A person rightfully rescinding a contract is:

a) Entitled to claim damages
b) Not entitled to claim damages
c) Entitled to sue for wrongful repudiation of the contrat
d) Both (a) and (c)

LAW OF CRIMES

41. What must have been the main inspiration of Lord Macaulay to go in for the condification of the Indian Criminal Law, while the Criminal Law of United Kingdom remained uncodified Common Law:

a) Need to have certaint y in the laws
b) Need to bring about Uniformity in laws
c) Need to have diversity in the laws
d) None of the above

42. Unlike Civil Liability, the criminal liability insists on blameworthy conduct, because:

a) It is concerned with the redressal of harms to the victims
b) It is concerned with moral degradation in the society
c) It is concerned with legal fault that is accused-centric
d) None of the above

43. Mere presence of actus reus and mens rea is not enough, they must be present in:

a) Direct relationship
b) Indirect relationship
c) Concurring relationship
d) Independently of each other

44. Which of the following is a ‘continuing offence’:

a) Frequently taking a minor girl out of the custody of a lawful guardian
b) By force or deceit compelling a minor girl to be moved from one city to another for illicit sex
c) Removing a moveable property from the possession of a thief
d) Repeatedly raping a girl

45. A child offender below the age of seven years cannot be subjected to juvenile justice proceedings, because:

a) Child criminals are treated differently
b) The juvenile Justice Act treats a child below 7 years as innocent
c) Juvenile Justice proceedings are applicable to children below the age of 18 years
d) A child below 7 years is exempt from criminal liability under Section 82 that by virtue of Section 6 of the Penal Code makes every definition of an offence subject to General Exceptions

46. Strict criminal liability means:

a) Liability irrespective of actus reus
b) Liability irrespective of mens rea
c) Liability without exclusion of mens rea
d) Liability without concurrence between actus reus and mens rea

47. A person who removes a purse from a dead accident victims’ pocket commits the offence of:

a) Theft u/s 379
b) Extortion u/s 383
c) Robbery u/s 392
d) Dishonest misappropriation u/s 404

48. How do you distinguish the mental element of Murder from that of Culpable Homicide not Amounting to Murder:

a) Murder involves graver actus reus
b) Dangerous nature of weapon is used for killing in murder
c) Higher degree of wickedness
d) Murder requires the presence of higher degrees of guilty mind provided in S.300 firstly to fourthly

49. Which of the following offence is punishable only in the attempt stage:

a) Section 307 of the IPC
b) Section 309 of the IPC
c) Section 511 of the IPC
d) None of the above

50. Naz Foundation case relates to which of the following provision:

a) Section 491 of the IPC
b) Section 377 of the IPC
c) Section 293 of the IPC
d) Section 497 of the IPC

51. The Special Court has convicted Dr. Binayak Sen for an offence under

a) Section 121 of the IPC
b) Section 124 of the IPC
c) Section 124A of the IPC
d) Section 123 of the IPC

52. Imputed Criminal Liability Principle is laid down in which of the following provision/provisions:

a) Section 34 of the IPC
b) Section 34 and 149 of the IPC
c) Section 108A of the IPC
d) Section 120A of the IPC

53. The principle of distinction between similar intention and same intention was laid down in:

a) Mirza Akbar v KE (1940) 67/1A/336
b) Barendra Kumar Ghose v KE (1924) 521A/40
c) Mahboob Shah v KE 1945/PC
d) Pandurang v State (1955) SCR 1083

54. The Right of Private Defense of body extends to:

a) Causing only a harm that prevents bodily injury
b) Causing harm extending to death of the assailant
c) Harm that is proportionate to the threatened injury
d) Causing such harm that enables the victim to escape from the place of incident

55. We call ‘punishment with death’ Capital Punishment, because:

a) This relates to highest punishment
b) This punishment is executed mostly in capital cities
c) This punishment involves ‘decapitation’
d) This punishment is given mostly by the rich to poor

56. Is motive of a crime relevant for criminal liability?

a) No
b) Yes
c) At times
d) None of the above

57. A shoots at a seven month pregnant woman who survives but the child in her womb dies. For killing the child A can be prosecuted for which of the following offence:

a) Culpable homicide not amounting to murder under section 304 Part I of the Indian Penal Code
b) Murder under section 302 of the Indian Penal Code
c) Causing death of a quick unborn child under section 316 of the Indian Penal Code
d) Causing death by rash and negligent act under section 304A of the Indian Penal Code

58. What offence is committed by A, who extracts money from B’s wife for keeping quiet about some school day intimate photograph featuring B’s wife and A”

a) Defamation
b) Extortion
c) Blackmail
d) None of the above

59. A falsely promises an orphan village girl aged 15 years good education and job prospects in the city. The girl accompanies A but in the city she neither gets education nor a good job. Can A be prosecuted for the offence of kidnapping from lawful guardianship under section 361

a) Yes
b) No, because she came along voluntarily
c) No, because the girl being orphan was not under the custody of lawful guardian
d) Yes, because the girl was a minor and was misled by A

60. For a prosecution under section 149 of the Indian Penal Code you require a minimum number of

a) Two or more persons
b) Many persons
c) Five or more persons
d) Any number of persons

TORTS LAW

61. Damnum since injuria in Tort Law means:

a) Without damage law does not recognize a legal injury
b) Law recognizes injury even though there is no damage
c) Every damage may not be recognizes as a legal injury
d) None of the above

62. The maxim Volenti non fit injuria implies that:

a) Voluntarily assumed risk of injury is not actionable
b) Knowledge of risk of injury would be treated as assumption of the risk
c) Risk assumed due to economic constrains exempts actionability
d) Minors are not fit to consent to injuries

63. What is the basis of a ‘Dut y’ for Tort of Negligence:

a) Contractual relationship between parties
b) Forseeability of a reasonable man
c) Principle of equity
d) Morality of the enterprise

64. Rule laid down in Rylands v Fletcher is known as:

a) Absolute liability rule
b) Scienter action rule
c) Strict liability rule
d) Fault liability rule

65. A master’s liability for the wrongs committed by the servant is known as:

a) Joint liability
b) Vicarious liability
c) Concurrent liability
d) Direct and personal liability

66. The Government liability for torts is considerably hedged by:

a) Act of State defence
b) Sovereign Immunity defence
c) Statutory Authority defence
d) Common employment defence

67. Kasturi Lal Ralia Ram Jain case relates to:

a) The State cannot plead sovereign immunity for wrongs against its own citizens
b) State can successfully plead sovereign immunity in respect of safe custody of gold confiscated during arrest of a bullion trader
c) The act of security of confiscated gold is a non-sovereign function
d) None of the above

68. Why most of the cases of Tort actions against doctors and medical clinics’ negligence tend to ultimately fail in the Courts in India, because:

a) The Supreme Court is not inclined to subject doctors to a higher duty of care to the patients
b) The patients are themselves guilty of contributory negligence
c) The patient by submitting to the treatment by doctors voluntary assumes the risk of injury
d) Doctors are poor and resourceless as compared to the patients

69. What is the reason for larger number of cases relating to Tort of Malicious Prosecution and Defemation:

a) People in India care more for reputation and fair name
b) Because such litigations are easy to pursue
c) Because negligent invasion of property and bodily interest relates to lower interests
d) None of the above

70. The most effective outcome of Tort action is:

a) The theoretical rationalizations of respective Torts
b) The elaborate list of justifications for injuries
c) The detailed working of quantum of compensation for the harms suffered
d) None of the above

71. The manufacturer’s liability principle was laid down in:

a) Donoghue v Stevenson (1932)
b) Grant v Australian Knitting Wool Co (1936)
c) Dorset Yacht case (1968) H.L.
d) In re Polemis case (1921) AC

72. The Supreme Court ruling in Sri Ram Chemical Case (1978) is famous for laying down the:

a) Strict liability rule
b) Absolute liability rule
c) Vicarious liability rule
d) No fault liability rule

73. The careless operations of railways that led to fire in the bogie standing in the platform had attracted a few public spirited rescuers standing in the platform to rush in to extinguish the fire. In the course of rescue operation a rescuer was gravely injured. Can he bring tort action against the railways:

a) No, because his injuries were voluntarily assumed by him
b) Yes, because the dangerouos situation by railways’ carelessness had invited the rescuers
c) No, the railway had a team of expert rescuers who would have acted in any case
d) None of the above

74. “A” had constructed a temporary structure on a land belonging to the Municipal Corporate in which he ran a flourishing restaurant that was frequented by elites of the town. The Municipal Corporation Corporate constructed a huge Public Toilet in the plot adjoining A’s famous restaurant. Does A have any remedy under Tort Law:

a) He has no remedy because he did not own the plot
b) He has remedy to get the Municipal Corporations’ action stopped as it constituted a nuisance
c) He had the freedom to hedge the restaurant by putting up screens and boards
d) None of the above

75. The House of Lords ruling in Bolam Case (1956) has laid down law relating to:

a) Occupiers liability
b) Medical Negligence liability
c) Strict Liability
d) None of the above

76. A plaintiff in a tort action seeks

a) Liquidated damages
b) Unliquidated damages
c) Damages by way of ‘Fine’
d) Punishment for the wrongdoer

77. The House of Lords ruling in Boultan v. Stone (1951) is known for:

a) Liability of experts
b) Liability for dangerous instrumentality
c) Remoteness of consequences
d) Punishment for the wrongdoer

78. Actio Personalia moritur persona maxim means:

a) Extinction of liability by death
b) Death as an injury subject to compensatory remedy
c) Death creates liability in favour of near and dear ones
d) None of the above

79. The very fact that Tort law provides remedy for intentional ‘faulty-full’ and ‘fault less’ invasions of bodily and property interest means:

a) According protection to victim against all kinds of invasion of interest
b) Subjecting all categories of violators to liability
c) Ensuring uniform accountability for sub standard behavior
d) Creating liability only for blameworthy wrongdoers

80. Rule of res ipsa loquitor relates to Tort of:

a) Negligence
b) Liability for hazardous activities
c) Action for Defamation
d) Contributory Negligence

LEGAL THEORY

81. According to Hart, law is the union of primary and secondary rules. Which one of the following is not one of the secondary rules?

a) Rules of recognition
b) Rules of change
c) Rules of adjudication
d) Rules of interpretation

82. A works for B under a contract. A’s right to get remuneration from B is

a) right in rem
b) right in personam
c) right in propria
d) right in aliena

83. The two elements of corpus and animus are necessary for:

a) Commencement of possession as well as for continuance of possession
b) Commencement of possession but possession will continue even if one or both the elements are lost
c) Commencement of possession but only animus is required for continuance of possession
d) Commencement of possession but only corpus is required for continuance of possession

84. Who said that the movement of progressive societies has hitherto been from status to contract?

a) Von Savigny
b) Puchta
c) Hegel
d) Henry Maine

85. X has transferred his property in favour of Y. X has exercised his:

a) liberty
b) right
c) power
d) authority

86. “Negligence essentially consists in mental attitude of undue indifference with respect to one’s conduct and its consequences.” This statement represents:

a) Objective theory of negligence
b) Subjective theory of negligence
c) Organic theory of negligence
d) Psychological theory of negligence

87. Who had propounded “social contract” theory in terms of “general will”?

a) Hobbes
b) Locke
c) Rousseau
d) Montesquieu

88. Volksgeist is associated with:

a) Hegel
b) Von Savigny
c) Plato
d) Kant

89. Who said that the end of law should be to satisfy a maximum of wants with a minimum of friction and waste?

a) Fuller
b) Pound
c) Ihering
d) Duguit

90. According to one of theories of Corporate Personality only human beings can properly be called persons and therefore juristic persons have no real personality. Identify this theory from among the following:

a) Bracket theory
b) Fiction theory
c) Realist theory
d) Kelsen’s theory

91. According to Salmond, Malice in law means:

a) an act done with ill will or spite
b) an act done out of jealousy and prejudice
c) an act done with wrongful intention
d) an act done out of revenge

92. Who among the following is the supporter of interest theory of rights?

a) Pollock
b) Holland
c) Ihering
d) Hegel

93. Who among the following is not a proponent of Realist School?

a) Holmes
b) Llewellyn
c) Jerome Frank
d) John Finnis

94. “The idea of obligation lies is at the heart of a rule and people obey law due to a sense of obligation and not because of a habit of obedience”. Who among the following is well-known for this statement?

a) Salmond
b) Chipman Gray
c) Hart
d) Hans Kelsen

95. Who wrote Taking Rights Seriousl y?

a) Fuller
b) Ronald Dworkin
c) Joseph Raz
d) Dennis Lloyd

96. Who has defined jurisprudence as lawyer’s extroversion?

a) Friedman
b) RWM Dias
c) Julius Stone
d) Ronald Dworkin

97. Who held the view that custom is not a source of law unless is has received judicial recognition or it has been embodied in a statue?

a) Austin
b) Savigny
c) Kohler
d) Puchta

98. In which country the courts are not bound by the decisions of superior courts?

a) France
b) United States
c) Canada
d) Australia

99. The ownership of copyright is called:

a) corporeal ownership
b) incorporeal ownership
c) beneficial ownership
d) absolute ownership

100. Which of the following is not an essential element of a State?

a)Territory
b) Population
c) Sovereignt y
d) Democracy

PART B – ESSAY QUESTIONS

Note :- This Part contains two essay-type questions which must be answered, within the space provided here, with Ball point pen .

The primary purpose of this section of the question paper is to test the candidate’s comprehension of the subject and ability to express lucidly within the word limit given in the questions.

Q1. Write an essay on any one of the following in approximately 500 words:

a) Constitution as the fundamental law of the land.

OR

b) Law as an instrument of social change or otherwise.

Q2. Write critical comment on any one of the following in approximately 500 words: (a) Independence and accountability of the judiciary in India.
OR

(b) Status of human rights in the Indian legal system

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