legal aptitude marks: 120x1=120

LL.M ENTRANCE-2019, IIT KHARAGPUR

Legal Aptitude Marks: 120x1=120

Choose the most appropriate answer:

1. The prophecies of what the courts will do in fact are what is meant by law.

a. Sociological School

b. Natural Law Theorists

C. Positivists

d. Realist School

2. A legal right is a legally protected ******

a. Interest

b. Power

C. Authority

d. Will

3. The exponents of this School are concerned neither with the past nor with the future of

law, but with law as it is.

a. Realist School

b. Historical School

C. Analytical School

d. None of the above

4. A person is any being whom the law regards as capable of rights or duties.

a. Austin

b. Salmond

C. Roscoe Pound

d. Keeton

5. Jurisprudence is the. examination of the precepts, ideals and techniques of the law in the light derived from present knowledge in disciplines other than law.

a. Jurist's

b. Lawyer's

C. Academician's

d. All of the above

2


. is the aggregate of rules set by men as politically superior, or sovereign, to men as politically subject.

a. Law

b. Right

C. Command

d. Order

7. The life of man in the state of nature was 'solitary, poor, nasty, brutish and short.

a. John Locke

b. Hobbes

C. Bentham


8. Which of the following offices are removable in the same manner?

a. Judges of the Supreme Court, Comptroller and Auditor General and Attorney

General of India

b. Judges of the Supreme Court, Chief Election Commissioner of India and

Comptroller and Auditor General of IndiaC. Attorney General of India, Advocate General of India and Judges of the

Supreme Court of India

d. All of the above

9. The concept of Living Will has been constitutionalized in.. a. Gian Kaur v. Union of India (2004)

b. Common Cause v. Union of India (2014)

C. Aruna Shanbaug v. Union of India (2011)

d. Common Cause v. Union of India (2018)

10. Continuing Mandamus is. a. a direction of the central government to the state government

b. a constitutionally prescribed direction to monitor the investigation

C. a judicially evolved direction to monitor the investigation


11. Colorable legislation doctrine applies to ..

a. invalidate a law

b. invalidate a bill

C. reading down a law

d. none of the above

LL.M ENTRANCE-2019, 1IT KHARAGPUUR

12. The maximum number of ministers in Council of Ministers is..

a. 15% of the total number of the members of a ruling political partyb. 15% of the total number of the members of Lok Sabha

20% of the total number of the members of Lok Sabha and Rajya Sabha

d. 15% of the total number of the members of Rajya Sabha

C.

13. Leader of Opposition is a status conferreed by .. a. a statute

b. an administrative notification

C. a constitutional provision

d. a judicial decision

14. Agency and Instrumentality Test relates to ..

a. expression of 'the state' under the Constitution

b. definition of 'the state' under Part ll of the Constitution

C. identification of agency of Indian polity

d. all of the above

15. Money bill is always introduced in Lok Sabha with the recommendation of the President.

The statement is ..

a. partially correct

b. completely correct

c. incorrect


16. Under the Constitution of India, restriction on freedom of religion cannot be placed on

the ground of...

a. public order

b. social justice

C. morality

d. health more

17. The power of the Supreme Court of India to decide disputes between two or me

States falls under its. a. Advisory Jurisdiction

b. Appellate Jurisdiction

C. Original Jurisdiction

d. Writ Jurisdiction

LL.M ENTRANCE-2019, IT KHARAGPUR

18. Which of the following rights was considered the 'Heart and Souf' of the Indian

Constitution by Dr. B.R. Ambedkar?

a. Freedom of Speechb. Right to Equality

Right to Freedom of Religion

d. Right to Constitutional Remedies

c.

19. Which one of the following is not a Directive Principle of State Policy?

a. Promotion of adult education

b. Promotion of international peace and security

c. Organization of village panchayats d. Provision for just and humane conditions of work

20. Which of the following has not been provided by the Constitution?

Deputy Speaker of Lok Sabha

b. Deputy Chairman of the Rajya Sabha a.

C. Deputy Speaker of Legislative Assemblyd. Deputy Prime Minster

21. Which one of the following is not a Constitutional Body? a. Election Commission

b. Finance Commission

C. Union Public Service Commission

d. Niti Ayog

22. Fundamental Duties are incorporated under..

a. 44th Constitutional Amendment Act

b. 42 Constitutional Amendment Act

C. 38 Constitutional Amendment Act

d. 1st Constitutional Amendment Act

23. When an act or omission does not constitute infringement of a legal right pertaining to

the plaintiff, no action will lie notwithstanding any loss or harm resulting from such act

or omission.

a. Principle of Vicarious Liability

b. Principle of Injuria sine Damno

C. Principle of Damnum sine Injuria

d. Principle of Respondeat Superior

24. The least touching of a man in anger i... a. Assault

b. BatteryC. Criminal Force


5

LL.M ENTRANCE-2019, 11T KHARAGPUR

25. The maxim Ubi jus ibi remedium refers to..

a. Justice should not only be done but seen to be done

b. In law there is a remedy for every legal wrong

C. Justice according to law

d. Both a and c.

26. A reasonable failure to take care of one's own self is. a. Negligence

b. NuisanceC. Contributory Negligence

d. All of the above

27. A criminal trespass into a building, tent or vessel used as a human dwelling is .. a. Trespass

b. House Trespass

C. Mischief

d. Theft

28. The question is whether A committed a crime in Calcutta on a certain day. The fact thaton that day A was in Mumbai is relevant. a. Plea of Alibi

b. Res gestae C. Plea of alternate fact d. None of the above

29. Secondary evidence includes... a. Copies made from the original by mechanical processes b. Copies made from or compared with the originalC. Oral accounts of contents of a document d. All of the above

30. Under the Code of Criminal Procedure, all hospitals, whether private or puo are required to provide first aid or medical treatment, free of cost, to the victimoan offence.

a. True for all offencesb. True, but only for specific offences C. False

d. Can't say


31. Power of the police to conduct further investigation, even after laying the final report, is

a. Not allowed under the Code of Criminal Procedure b. Recognised under the Code of Criminal Procedure C. Allowed but subject to permission of a Magistrate d. None of the above

32. The statement of a witness to the police is admissible in evidence. a. To contradict such witness

b. To corroborate the witness

In case of dying declaration

d. Only a and c

C.

33. Which of the following may not be tried summarily by the Magistrate?

a. Offences punishable with imprisonment for 2 years or less.

Assisting in concealment of property where the value is less than Rs. 2000

C. Receiving or retaining stolen property where the value is less than Rs.200o

d. Robbery of property where the value is less than Rs. 20000

b.

34. According to law of evidence, who amongst the following is unworthy of credit, unless

he is corroborated in material particulars?a. Police b. Accomplice C. Accused


35. The Court .. .that every electronic record purporting to be an agreement

containing the electronic signatures of the parties was so concluded.

a. May presume

b. Shall presumeC. Shall conclusively hold

d. Not raise any presumption

36. In which of the following circumstances, an offence of murder becomes culpable

homicide not amounting to murder?

a. Provocation

b. Sudden Fight

C. Necessity

d. Botha and b

LL.M ENTRANCE-2019, IT KHARAGPUR

37. The accused is a competent witness and may give evidence on oath.

a. Yes, in all cases

b. Yes, only on his own request.

C. No


38. An order of maintenance may be passed under Criminal Procedure Code.

a. In case a person refuses to maintain his wife

b. In case a person neglects to maintain his wife

In both a and b, provided the wife is unable to maintain herself

In both a and b, irrespective of whether the wife is unable to maintain herself

39. During a meeting, A suddenly rises from his chair and moves towards B, with clenched

fists, in a threatening manner. A may be liable for..

a. Nuisance

b. Improper Behaviour

C. Assaultd. None of the above

40. A is at work with a hatchet; the head flies off and kills a man who is standing by. A may

invoke the defence of..

a. Mistake of Fact

b. Accident

C. Negligence d. Act of God

41. The recruitment, transfer or harbouring of a person by force, fraud or deception for the

purpose of exploitation is known as..

a. Trafficking

b. Slavery

C. Kidnapping d. Both a and c

42. A breaks open a box in order to steal jewels and on so opening, finds the box empty.

a. A is liable for attempt

b. A is liable for attempt, if he steals the box

C. A is not liable for attempt, as there were no jewels in the box

d. Both a and b


43. Any question suggesting the answer which the person putting it wishes or expects to

receive is called a

a. Focussed question

b. Fact in Issue

C. Relevant question

d. Leading question

44. A child is a competent witness.

a. Yes

b. Yes, provided the child is aged 12 years or above

C. Yes, provided the child is aged 7 years or above

d. No

45. When two or more persons agree to commit an illegal act, it amounts to...

a. Abetment

b. Criminal Conspiracy

C. Conjoint Criminality

d. All of the above

46. Which of the following court has special powers with regard to bail?

a. High Court

b. Magistrate Court

C. Sessions Court

d. Only a and c

47. Any information received on phone by a Police Officer with regard to commission of a

cognizable offence may be regarded as...a. Complaint

b. First Information Report

C. Grievance

d. Legal Case

48. Promoting enmity between different groups on grounds of religion may lead to ...

a. Payment of damages

b. Punishment

C. Seeking Apology


LL.M ENTRANCE-2019, 1ITKHARAGPUR

nce 49. In case of an assault with the intention of committing rape, the right of private defence

extends to .

a. Causing of death

b. Causing any harm other than death

C. Causing grievous hurt

d. Both b and c

50. Which amongst the following is compoundable under the Criminal Procedure Code ?

a. Theft

b. Criminal Trespass

C. House Trespass

d. All the above

51. Which amongst the following best describes the offence of voyeurism? a. Capturing the picture of a woman while bathingb. Parading a woman naked

C. Showing pornographic pictures to a womand. Putting defamatory statements abouta woman in social media

52. A Protection order to stop violence may be obtained from the Magistrate under... a. Indian Penal Code, 1860 b. Code of Criminal Procedure, 1973 C. Protection of Women from Domestic Violence Act, 2005 d. Sexual Harassment (Prevention, Protection and Redressal) Act, 2013

53. Under the Prohibition of Child Marriage Act, 2006, every child marriage, whether solemnised before or after the commencement of that Act, is.. a. Valid

b. Void

C. Voidable

d. Permissible by the court only 54. Which of the following is not a disqualification for acting as a natural guardian or d

Hindu minor?

Such person has ceased to be a Hindu b. Such person has renounced the world

a.

C. Such person has immoral habitsd. Such person is the step father or step mother


55. Central Adoption Resource Authority (CARA) is..

a. An NGO

b. A statutory body C. A registered societyd. A trust

56. Dissolution of Muslim Marriage Act, 1939 provides grounds of dissolution of Muslim

marriage to...a. Spouses

b. Only males

C. Only females

d. Muslim parents

57. Under Muslim Law, a marriage may be categorised as.

a. Sahih

b. Fasid

C. Batil

d. All of the above

58. Iddat may be described as a period whena woman whose marriage has been dissolved

must...

a. Remain in seclusion

b Abstain from marrying another

C. Marry another person

d. Both a and b

59. When one person is related to another by blood or adoption, wholly through males, it is

referred to as... a. Agnate

b. Cognate

C. Heir

d. Both b and c

60. An agreement of service by which an employee binds himself during the term of his

agreement, not to compete with his employer directly or indirectly..

Is generally not in restraint of trade a.

b. Generally is restraint of tradeC. Is generally not in restraint of trade, unless it is unconscionable or excessively

harsh or unreasonable or one-sided

d. Is completely unconscionable


61. "Once the service of the employee is validly terminated, no further restraint can be imposed upon him on the basis of the earlier contract of employment." This was laid

down in...

a. Raj Rani v. Prem Adib (1948)

b. Suptd. v. Krishan Murgai (1980)

C. Madhub Chunder v. Rajcoomar Doss (1874)


62. A contract to purchase a lottery authorized by the Government is...

a. Voidable

b. Null and void

Valid

d. Void ab initio

63. A makes a contract with B to buy B's house if A survives C. This is an example of. a. Contingent contract

b. Wagering agreement

C. lllegal transaction

d. Unenforceable transaction

64. In sale of goods contract..

a. Generally time is essence of contract

b. Time is not the essence of contract

C. Time for performance cannot be fixed

d. Time for performance is always as per request of promise

65. Frustration of contract rule cannot be applied in.. a. Outbreak of war

b. Destruction of subject matter

C. Imposition of government restriction d. When performance becoming more onerous or costly

66. Which of the following is essential for valid performance? a. It should be unconditional

b. It should be performance by promisor or by his representativeC. It should be performed at proper time specified d. All the above


67. A company has a legal personality different from that of the shareholders.

a. Saloman v. Saloman and Co. (1895)

b. Daimler company Ltd. v. Continental Tyre and Rubber Co.(1916)

C. Donoghue v. Stevenson(1932)


68. An independent director should be...

a. family or blood relation of the promoter/s b. past employee of the company C. financial advisor of the company

d. professional unconnected to the company

69. Under the Companies Act, 2013 board should have... a. audit committee

b. compensation committee

c. succession committee

d. all the above committees

70. Insolvency petition to the tribunal under Insolvency and Bankruptcy Code, 2016 may be

filed by.. a. operational creditor/s

b. committee of creditors C. financial creditor/s

d. joint lending forum

71. An insolvency resolution plan should be approved by...a. Committee of the creditors

b. National Company Law Tribunal

C. Debt Recovery Tribunal

d. Both a andb

72. A class action litigation under the Companies Act, 2013 can be broughtby. a. creditors of the companyb. shareholders of the companyC. depositors of the company

d. Both b and c

LL.M ENTRANCE-2019, 1IT KHARAGPUR 73. Depositor is..

a. a record keeper for the companyb. a regulator of the companyC. a SEBI-intermediary in the capital market

d. a fund manager

74. Corporate Governance practices of lIndian companies are subject to...

a. SEBi (Listing Obligations and Disclosure Requirements), 2015 b. Companies Act, 2013

C. Clause 49 of the Listing Agreement d. All the above

75. A promoter is a person.. a. who holds a majority share in a company b. who has control over the company

who is an investor in the companyC.

d. both a and b

76. Buyback of share means.

a. redemption of the preference shares b. buying the shares of the holding company by the subsidiary C. buying the equity shares by the companyd. market takeover

77. Persona non grata means..

a. Non-performance of obligations b. Ungrateful person

c. Unacceptable person

d. Non-entity

78. Lis pendens means...

a. Maintenance pending adjudication b. Decision awaited

C. Pending suit

d. Pending appeal

79. Jus gentium means ..

a. General law

b. Positive law

C. Law among nations

d. Law unto itself

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80. Who said the following: 'International law is not a law but only a positive morality. a. lan Brownlie

b. Oppenheim

C. John Austin

d. HLA Hart

81. The power to request advisory opinion from the International Court of Justice is

entrusted to...

a. UN General Assembly b. UN Security Council

C. Both General Assembly and Security Council

d. General Assembly, Security Council and any other organ of UN when

authorised on this behalf

82. Who may be parties before the International Court of Justice for adjudication of

disputes? a. Only state parties

b. State parties and international organizations C. State parties and specialised agencies of UN


83. Public International law is defined as.. a. The rules relating to the functioning of international institutions or

organisations, their relations with each other

b. Rules of law relating to individuals and non-state entities

C. Rules governing the relation between states

d. Law relating to states and individuals

84. Which one is not a "source" of International law?

a. Custom

b. Treaties

C. Books

d. Judicial decisions

85. Estrada Doctrine relates to. a. Diplomatic immunity

b. Recognition of states

C. Recognition of governments

d. Recognition of non-states

15


86. Occupation of territory consists of .. a. Establishing sovereignty over territory not under the authority of any other

state

b. Establishing sovereignty over another state territory C. Establishing sovereignty over own territory d. Establishing sovereignty with title

87. High Sea is beyond..nautical miles from the territorial waters.a. 12nm

b. 100 nm

C. 188nm

d. 200 nm

88. Under Calvo Clause, legal disputes arising out of the contracts shall be referred to.. a. International arbitration

b. Permanent Court of Arbitration C. International Court of Justice d. Municipal Courts

89. Delhi Police has fired at two Nigerian citizens allegedly involved in drug trafficking and killed one of them. Whether India is liable to pay compensation under state responsibility? a. India is not liable to pay compensation for unlawful activities of foreigners b. The police used force with culpable negligence, hence liable to pay Compensation C. No discrimination between its own citizens and foreigners, hence liable to pay compensation d. Foreigners are immune from local laws hence, not liable to pay compensation

90. Diplomatic immunity is not extended to. a. Murder

b. Rape

C. Traffic Tickets

d. Recovery of arrears of rent


91. Which one is not a Peaceful means of settlement of disputes under international law?

a. Arbitration

b. Mediation

C. Judicial settlement

d. Good Offices

92. Which of the following is popularly known as 'Forest Conservation Case'?

a. Environment Awareness Forum v. State of J & K (1999)

b. T.N. Godavarman Thirumulk Pad Vs. Union of India (1997)

c. M.C. Mehta v. Union of India (1992) d. Tata Engineering & Locomotive Co. Ltd v. State of Bihar (2000)

93. The aim of the General Data Protection Regulation (GDPR) is .. a. To provide a common ground upon which the member states can build their

own laws b. To make non-EU countries respect the right to privacy of individuals within

the EU C. To secure privacy as a fundamental human right for everyone d. To strengthen and unify data protection for individuals within the EU

94. According to the Information Technology Act, 2000, which personal data category is regarded as sensitive data?

a. credit card details

b. trade union membership C. passport number

d. email address

95. Cinematographic works come under the purview of .. a. Related rights under copyright b. Associated marks under Trademark C. Traditional knowledge

d. Digital works

96. Packaging in relation to goods can be registered asa. a. Copyright

b. Trademark

C. Design

d. Patent


97. Which one of the following in relation to protection of the layout designs of

Integrated circuit in India is correct? a. Commonly known ICs can be protected in India

b. Those ICs that are original and not been commercially exploited in India for

more than 2 years from date of application

C. Those inherently non-distinct

d. Only original layout designs can be protected in India

98. Under the TRIPS Agreement, member countries may protect plants by...a. Patent legislation only

b. Biotechnology legislation

C. Patent legislation or sui generis legislation

d. Biodiversity legislation

99. When multiple prior arts are combined to reach an invention, it results in ..

a. Novelty rejection

b. Obviousness rejection

C. Eligible subject matter rejection d. Double patenting rejection

Filing of a Patent Cooperation Treaty application means... a. A worldwide grant of a patent b. A single window for patent application filing C. Patent grant at selected patent officesd. Divisional patent application filing

100.

101 Solar photovoltaic waste is covered under.. a. E-Waste Management Rules, 2016 b. Ozone Rules, 2000 C. Chemical Waste Management Rules, 2003 d. None of the above

102. Traditionally the test that court uses to determine whether a person understood the nature and consequence ofa transaction is called..

a. Subjective test

b. Volitional test

C. Occupational test

d. Objective test

LL.M ENTRANCE-2019, 1IT KHARAGPUJR

Anti-competitive agreements include..

a. Bid-rigging

103.

b. Cartels

C. Resale Price Maintenance

d. All the above

104 MARPOL73/78 is...a. The international convention for the prevention of pollution from ships

b. The international convention for controlling transboundary movement of

hazardous substance C. The international convention for controlling ozone depletion

d. The international convention for controlling nuclear accident

105. Decree' means..The informal expression of an adjudication

b. The natural expression of an adjudication C. The formal expression of an adjudication d. Any adjudication from which an appeal lies as an appeal from an order

a.

106. Under Civil Procedure Code, 1908, in the case of a public nuisance... a. Only the Advocate General may institute a suit b. Two or more persons having obtained consent in writing of the State

Pollution Control Board, may institute a suit C. Only the aggrieved person with the prior permission of the Advocate

General may institute the suit d. The Advocate General or two or more persons having obtained the

consent in writing of the Advocate General, may institute a suit

An agreement between the members of a registered Trade Union merely by reason of the fact that any of the objects of the agreement are in restraint of

107.

trade shall be.. a. Valid

b. Void

C. Voidable

d. Permissible by a court only

108. Sub-judice means..a. Judgment reserve

b. Judicial restrained

C. Matter under the consideration of the court d. Case is already decided


UnderInterlocutory orders, the courts has power

a. To order sale of any immovable property

109

b. To order sale of any moveable property

C. To order sale of any incorporeal propertyd. All of the above

110. The provision for statutory notice prescribed under Section 80 of CivilProcedure Code is...

a. Directory

b. Mandatory

C. Empty formality

d. Merely technical in nature

While granting temporary injunction, notice to opposite party..a. Can be dispensed with in case of service disputes

111.

b. Can be dispensed with in cases of immovable property disputes C. Can be dispensed with in cases where it would defeat the object of

granting injunction d. May be dispensed with in cases of proven irreparable injury to the applicant

112. The inherent powers of civil court can be exercised.. a. To enlarge the time provided by law b. To meet the ends of justice C. Allow the party to make-up deficiency in court fees d. All of the above

113. Objections as to pecuniary jurisdictions are usually allowed by the appellate or revisional court unless..a. The objection was taken in the court of first appeal b. The objection was taken in the court of first instance C. The objection was taken in all previous stagesd. As a matter of routine

114 Which of the following conclusively determines the rights of parties? a. Judgment

b. Decree

C. Injunction

d. Appealable order

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LL.M ENTRANCE-2019, 1IT KHARAGPUR

115. In case of retrenchment, what shall be the notice period to be served upon a

worker?

a. One month

b. Two months

C. Four months

d. Six months

116. What is the eligibility to award gratuity amount?

a. To be employed for 240 days in every year and 5 years of continuous

service

b. To be employed for 5 years of continuous service

C. To be employed for 240 days in every year of service

d. To be employed for 3 years of continuous service

117. Strike in public utilities service shall be called

a. without any condition

b. with condition prescribed under the law

C. with condition arrived at in collective bargaining d. with condition imposed by employer

118. Under which law, the designation of Inspector is replaced with 'Social Security Officer ?

a. Employees' State Insurance Act, 1948 b. Employees' Compensation Act, 1923 C. Employees' Provident Act, 1952

d. Payment of Wages Act, 1936

119 In the year 2001, the Trade Union Act, 1926 was amended with an objective to... a. avoid multiplicity of the union

b. give recognition to the union

C. provide immunity to the members of the uniond. to exempt certain trade to form the union

120. Which institution has been newly introduced in the Industrial Disputes Act, 1946?

a. Grievance Redressal Committee

b. Special Tribunal

C. Employment Redressal Committee

d. Redressal Committee

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legal aptitude marks: 120x1=120

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