UGC NET Original Questions Paper II in Law { 2013 September }

1. The word ‘Secular’ was added in the Preamble to the Constitution of India by

(A) First Amendment Act

(B) Seventh Amendment Act

(D) Forty-Fourth Amendment Act

Answer: (C)

2. Article 15(1) prohibits discrimination against any citizen on the grounds of

(A) Religion, race and caste only.

(B) Religion, caste and sex only.

(D) Religion, race, caste, sex, place of birth or any of them.

Answer: (D)

3. Match List-I with List-II and select the correct answer using the codes given below:

List – I List - II

I. Deletion of fundamental right to freedom to acquire, hold and dispose of property. (a) Constitution (Forty-Second Amendment) Act.

II. Insertion of the word ‘integrity’ to the Preamble of the Constitution. (b) Constitution (Forty-Fourth Amendment) Act.

III. Inclusion of right to education as fundamental right under Article 21A (c) Constitution (Eighty-sixth Amendment) Act.

IV. Insertion of Clause (5) in Article 15. (d) Constitution (Ninety-Third Amendment) Act.

Codes:

(I) (II) (III) (IV)

(A) (b) (a) (c) (d)

(B) (a) (b) (c) (d)

(D) (c) (b) (a) (d)

Answer: (A)

4. Which provision of the Constitution imposes a duty on the Union to ensure that the Government of every State is carrying on in accordance with the provisions of the Constitution?

(A) Article 352

(B) Article 355

(D) Article 360

Answer: (B)

5. ‘Right to life’ under Article 21 of the Constitution does not include ‘right to die’. This observation was made by the Supreme Court in

(A) P. Rathinam V. Union of India

(B) Gian Kaur V. State of Punjab

(D) None of the above.

Answer: (B)

6. A Judge of the Supreme Court can be removed from his office on the ground(s) of

(A) Proved misbehaviour or incapacity.

(B) Violation of the Constitution.

(D) None of the above.

Answer: (A)

7. Parliament has power to legislate with respect to a matter in the State List, provided it is in the

(A) Public interest

(B) National interest

(D) None of the above

Answer: (B)

8. Assertion (A): Ownership is not only a juridical concept, but also a social concept and an instrument of social policy.

Reason (R): The right of alienation is not a necessary incident of ownership.

Codes:

(A) Both (A) and (R) are true and (R) is correct explanation of (A).

(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A).

(D) (A) is false, but (R) is true.

Answer: (B)

9. Match List-I with List-II and select the correct answer using the codes given below:

List – I List – II

(Theory) (Subject)

(a) Retributive Theory I. Legal Right

(b) Sociological Theory II. Source of Law

(d) Theory of Property IV. Roscoe Pond

Codes:

(a) (b) (c) (d)

(A) I IV III II

(B) III IV II I

(D) IV III I II

Answer: (B)

10. Hypothesis of Grund norm was propounded by

(A) Austin

(B) Diguit

(D) Kelson

Answer: (D)

11. Immanuel Kant is the exponent of

(A) Retributive theory of punishment.

(B) Reformative theory of punishment.

(D) Preventive theory of punishment.

Answer: (A)

12. Who used the word ‘Sociology’ for the first time?

(A) Auguste Comte

(B) Herbert Spencer

(D) None of the above

Answer: (A)

13. Which one of the following statements is true?

(A) Animus is necessary for the acquisition or commencement of possession.

(B) Corpus is necessary for the acquisition or commencement of possession.

(D) Animus and Corpus are necessary for the acquisition or commencement of possession.

Answer: (D)

14. Which of the following statements is true?

1. An imperfect right may become perfect under certain circumstances.

2. Imperfect right can become a valid defence.

3. Law recognises an imperfect right but not to enforce it.

4. Imperfect right can be reduced as a valid defence.

(A) only 1, 2, 3

(B) only 1, 4

(D) only 1, 4, 3

Answer: (A)

15. Assertion (A): The United Nations cannot perform peace keeping or peace making operations.

Reason (R): United Nations has no army, navy or air force of its own.

Codes:

(A) Both (A) and (R) are true and (R) is the correct explanation of (A).

(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A).

(D) (A) is false, but (R) is true.

Answer: (D)

16. “The permanent members of Security Council have special privilege in the voting procedure of the Security Council in as much as the decisions of Security Council on nonprocedural matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members.”

Above statement is attributed to _____ of the Charter of the United Nations.

(A) Article 27, Para 3

(B) Article 27, Para 2

(D) Article 28

Answer: (A)

17. Match List-I with List-II and select the correct answer using the codes given below:

List – I List – II

(i) Custom begins where usage ends. (a) P.C. Corbett

(ii) The Statute of International Court of Justice, Article 38, Para 1 is about. (b) J.G. Starke, Introduction to International Law, P.40

(iii) ‘Custom’ should be replaced by word ‘evidence’. (c) Treaty and Custom as sources of International Law.

(iv) Law making treaties. (d) Brierly, Law of Nations, P. 58

Codes:

(i) (ii) (iii) (iv)

(A) (b) (c) (a) (d)

(B) (c) (b) (a) (d)

(D) (a) (b) (d) (c)

Answer: (A)

18. Assertion (A): Arbitration is the process of resolving disputes between States by means of an arbitral tribunal appointed by the parties.

Reason (R): Disputes are arbitrary.

Codes:

(A) (A) and (R) are true and (R) is the correct explanation of (A).

(B) (A) and (R) are true, but (R) is not the correct explanation of (A).

(D) (A) is false, but (R) is true.

Answer: (C)

19. Match List-I with List-II and select the correct answer using the codes given below:

List – I List – II

(a) To maintain international peace and security (i) Article 1 of the UN Charter

(b) Principles of UN (ii) Article 2 of the UN Charter

(d) Limits on powers of General Assembly in respect of any dispute. (iv) Article 4 of the UN Charter

Codes:

(i) (ii) (iii) (iv)

(A) (a) (b) (c) (d)

(B) (b) (c) (d) (a)

(D) (c) (d) (b) (a)

Answer: (C)

20. Stimson’s doctrine of Non-Recognition is related to

(A) Duty of non-recognition of some territorial acquisitions brought about in accordance with international law.

(B) Duty of non-recognition of some territorial acquisitions brought about in breach of international law.

(D) Duty of non-recognition of all territorial acquisitions brought about according to international law.

Answer: (C)

21. Prohibited degree and Spinda relationship are

(A) Mutually exclusive

(B) Dependent on each other

(D) None of the above

Answer: (C)

22. In which of the following case, the High Court held that “the presence of Qazi” is not necessary at the time of marriage ceremony under the Muslim Law?

(A) Qazi Mohd. Najmuddin Hussain V. State of A.P.

(B) Mohd. Yunus V. Malooki

(D) Bai Tahira Vs. Ali Hussain

Answer: (B)

23. Assertion (A): Marriage under the Hindu Marriage Act, 1955 is dissoluble.

Reason (R): Marriage is a sacrosanct union.

Codes:

(A) Both (A) and (R) are true.

(B) Both (A) and (R) are false.

(D) (A) is false, but (R) is true.

Answer: (A)

24. Which of the following is not condition for a marriage under Section 5 of the Hindu Marriage Act, 1955?

(A) Neither should have a living spouse.

(B) If the bride is below 18, the consent of her guardian has been obtained.

(D) Neither should be subject to recurrent attack of insanity.

Answer: (B)

25. Sources of Muslim Law are

(a) The Koran

(b) The Ismaa

(d) The Kiyas

Indicate their correct sequence.

(A) (a), (b), (d) and (c)

(B) (a), (c), (b) and (d)

(D) None of the above

Answer: (A)

26. According to Muslim Law, marriage is not solemnised of only for the sexual enjoyment between two spouses, it is an act of Ibadat.

(A) True

(B) False

(D) None of the above

Answer: (A)

27. X invites his friend Y on dinner but later on declined to arrange it on specified day.

(A) X is liable for breach of contract.

(B) X is liable, if Y goes to the house of X and returns withoutdinner.

(D) X is not liable for breach of contract.

Answer: (D)

28. Match List-I with List-II and select the correct answer using the codes given below the lists.

List – I List – II

(a) Breach of contract 1. Impossible to perform

(b) Revocation of offer 2. Same thing in the same sense

(d) Frustration 4. Lapse of stipulated time

Codes:

(a) (b) (c) (d)

(A) 1 3 4 2

(B) 2 4 1 3

(D) 3 4 2 1

Answer: (D)

29. Which one of the following provisions of the Indian Contract Act deals with the reciprocal promise to do things legal and also other things illegal?

(A) Section 56

(B) Section 57

(D) Section 17

Answer: (B)

30. Section 26 of the Indian Contract Act declares the agreement void on the ground of

(A) Absolute restraint only

(B) Partial restraint only

(D) None of the above

Answer: (C)

31. No customer in a thousand ever read the conditions. If he had stopped to do, he would have missed the train or the boat. This observation was made by

(A) Anson

(B) Donaldson

(D) Pearson

Answer: (C)

32. When consent is given due to mistake, an agreement will be

(A) Voidable

(B) Legal

(D) Void

Answer: (D)

33. A person is responsible in law of tort for

(A) all the consequences of his act.

(B) all the consequences which are not remote.

(D) all the consequences which are reasonably foreseeable.

Answer: (D)

34. There is a school by the side of the road. Three children of nursery class stray away from the school on to the road. A truck driver, who was driving the truck at a normal speed, notices the children. While trying to save the children, the truck hits a shop and an injury is caused to one person. Which of the following assertions correctly represent the law?

(A) The school management is liable as they are negligent in not keeping the children within the school premises.

(B) The truck driver is liable as he did not take proper care.

(D) None is liable as it is a pure accident.

Answer: (A)

35. Match List-I with List-II. Use the code below to select the right answer.

List – I List – II

a. Donoghue V. Stevenson 1. Remoteness of damages

b. In re Polemis 2. Absolute liability

c. M.C. Mehta V. Union of India 3. Neighbour principle

d. Lloyd V. Grace Smith & Co. 4. Vicarious liability

Codes:

a b c d

(A) 2 3 4 1

(B) 2 3 1 4

(D) 3 1 2 4

Answer: (D)

36. When an injury is caused by the act of an enterprise engaged in a hazardous or inherently dangerous activity, the enterprise is absolutely liable for the injury because

1. it has not taken reasonable care.

2. the enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results from the activity.

3. it is considered as a part of the social cost for carrying on the hazardous or inherently dangerous activity.

4. it is difficult to prove lack of care on the part of enterprise.

Select the right code:

(A) 1 and 2 are correct.

(B) 1 and 4 are correct.

(D) 2 and 3 are correct.

Answer: (D)

37. D employs a driver Z to drive his car. D specifically instructs the driver not to drive fast and in no case exceed the speed of 50 kms per hour. Z exceeds the limit and causes the accident in which P is injured. In an action against D for damages

(A) D is not vicariously liable for the act of the driver because the driver acted against the express instructions of his master.

(B) D is not liable as the act of the driver was not done during the course of employment.

(D) D is not liable as there was contract for service between D and the driver.

Answer: (C)

38. Due to the negligence of the owners of a well, it was filled with poisonous gases and two of the employees were trapped inside the well. B, an expert in disaster management in such situation, was called to rescue the two employees. B decided to go inside the well with the help of a rope in order to save the employees trapped in the well. He was warned of the risk involved. Despite all this B went inside the well and was overcome by the gases. He was taken to hospital where he died. B’s wife sued the owners of the well for compensation.

(A) Owners are not liable because maxim volunti non fit injuria applies.

(B) Owners are not liable because B was an expert and master of his trade.

(D) Owners are liable because B died while being engaged by them.

Answer: (C)

39. Malignantly and maliciously are synonyms. There is only one provision of Indian Penal Code which covers both the aspect.

Provide the correct answer:

(A) Section 153

(B) Section 270

(D) Section 220

Answer: (B)

40. The Indian Penal Code no more denote a positive evil intent for fixing liability, however there are certain type of act which signifies want of care as culpable resulting out of breach of duty. What it is known as?

(A) Rashly

(B) Negligently

(D) None of them

Answer: (C)

41. Assertion (A): Common intention implies a pre-arranged plan, prior meeting of minds and prior consultation between all the persons committing the crime.

Reason (R): The law makes no distinction between the persons or the part played by them in doing the criminal act.

Codes:

(A) (A) is true and (R) is false.

(B) (A) and (R) are both true, but (R) is not the correct explanation of (A).

(D) Both (A) and (R) are true and (R) is most nearest explanation of (A).

Answer: (D)

42. Assertion (A): Culpable homicide becomes murder when the act causes death and is done with the intention of causing death.

Reason (R): One of the conditions to be satisfied for treating it murder provide the injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.

Codes:

(A) (A) is true, but (R) is not the reason.

(B) (A) and (R) are both true, but (R) is not the correct explanation of (A).

(D) Both (A) and (R) are true and (R) is the reasonable explanation of (A).

Answer: (D)

43. An agreement of which either the object or the means employed are illegal, but does not itself constitute an offence is known as ______.

(A) Intimidation

(B) Conspiracy

(D) All of them

Answer: (C)

44. The act of causing death to a person who has committed or attempted to commit house breaking by night is known as ______.

(A) Marginal excess of right to private defence.

(B) Purported exercise of right of self defence.

(D) No detached objectivity would be possible to weigh the culpability.

Answer: (B)

45. A Seven Judges Bench of the Supreme Court considered the scope of Industry and laid down a Triple Test Formula in one of the following cases:

(A) State of Bombay Vs Bombay Hospital Mazdoor Sabha, AIR 1960 SC.

(B) Bangalore Water Supply Vs. A. Rajappa, AIR 1978 SC.

(D) University of Delhi Vs. Ramnath, AIR 1963 SC.

Answer: (B)

46. Out of the following one of the modes is not a dispute settlement under the Industrial Dispute Act, 1947.

(A) Conciliation

(B) Adjudication

(D) Arbitration

Answer: (C)

47. The qualifications of a person who cannot be appointed as presiding officer of the Labour Court.

(A) He is or has been a Judge of a High Court.

(B) He has for a period of not less than three years, been a District Judge or an Additional District Judge.

(D) He has held any Judicial Office in India for not less than seven years.

Answer: (C)

48. The Registrar cannot withdraw or cancel registration of a Trade Union if

(A) the application of the Trade Union is in the proper form on verification.

(B) the certificate of registration has been obtained by fraud or mistake.

(D) the Trade Union has wilfully after a notice from the Registrar contravened the Provisions of the Act.

Answer: (A)

49. Any person who has attained the following age may be a member of a registered Trade Union.

(A) 18 years

(B) 17 years

(D) 15 years

Answer: (D)

50. The workmen are not entitled to lay off compensation in one of the following cases:

(A) An industrial establishment in which less than fifty workmen on an average per working day have been employed.

(B) An industrial establishment in which less than one hundred workmen on an average per working day have been employed.

(C) An industrial establishment in which less than two hundred and fifty workmen on an average per working day have been employed.

(D) An industrial establishment in which less than five hundred workmen on an average per working day have been employed.

Answer: (A)

TNPSC Master

UGC NET Original Questions Paper II in Law { 2013 September }

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