Solved Paper of DU LLM Entrance Exam, 2016 with Explanation

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1. Primary responsibility for maintenance of international peace and security is vested with the

A. United Nations General Assembly

B. International Court of Justice

C. United Nations Security Council

D. United Nations Secretary General

Correct Answer: C, Article 24 of UN Charter

2. An international act by which a state establishes its consent to be bound by a treaty on the international plane is known as

A. Ratification

B. Full powers

C. State practice

D. jus cogens (the principles which form the norms of international law that cannot be set aside.)

Correct Answer: A

3. Article 253 of the Indian Constitution refers to

A. treaty making

B. treaty implementation

C. ratification

D. none of the above

Correct Answer: B, (Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body)

4. On partition, ____ continued a UN member states.

A. India

B. Pakistan

C. neither India nor Pakistan

D. Both Indian and Pakistan

Correct Answer: A, India was a founding member of the United Nations, joining in October 1945, two years before acquiring independence from Imperial Britain.

5. Which of the following deals with the immunity of State from the jurisdiction of foreign courts?

A. Vienna convention on the law of treaties, 1969

B. Vienna Convention on Diplomatic Relations, 1961

C. UN Convention on Jurisdictional Immunities, 2004

D. UN Charter

Correct Answer: C, Article 5

6. Sources of International law are provided in the

A. UN Charter

B. Statute of the ICJ

C. Vienna Convention on the Law of Treaties, 1969

D. Reports of International Law Commission

Correct Answer: B

7. The dispute settlement body established by UN Convention on Law of the Sea, 1982 is known as

A. Permanent Court of Arbitration.

B. International Tribunal for Law of the Sea.

C. ICJ

D. Permanent Court of International Justice.

Correct Answer: B

8. Article 51 of the UN Charter refers to

A. Use of force

B. Collective Sanction

C. Individual or collective self defence

D. Non-intervention

Correct Answer: C, Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security

9. A group of people fearing persecution leaves the country of origin is known as

A. Asylum seekers

B. Migrants

C. Refugees

D. Internally displaced persons

Correct Answer: C, definition under UNHCR

10. Amendment in the U.N. Charter raising the number of membership in Security Council was made in ____

A. 1963

B. 1964

C. 1962

D. 1960

*Wrong Question*

Correct Answer: 1965, 31 August 1965: Expansion of the UN Security Council from 11 to 15 members, with the supermajority required for action being increased from 7 to 9 votes

11. A accesses the email of B unauthorizedly by cracking password and further uses B’s email to send message to B’s uncle pretending that the message is sent by B, requests for depositing 30,000 rupees in the account number given in the email as his cash has been stolen and he has to urgently deposit the college fees. A commits contravention/offence under which sections of the IT Act, 2000?

A. Sections 43A, 66C & 66D

B. Sections 43C, 67 & 66D

C. Sections 66C & 67

D. Sections 43F & 66C

Correct Answer: A, S/43A-Compensation for failure to protect data, S/66C- Punishment for identity theft, S/66D – Punishment for cheating by personation by using computer resource, S/67 – Punishment for publishing or transmitting obscene material in electronic form

12. Digital signature authenticates the electronic record by use of

A. symmetric cryptosystem

B. asymmetric cryptosystem

C. biometrics information

D. all of these

Correct Answer: B, Section 2(f)

13. When a minor becomes a partner on attaining majority, his liability commences from

A. the date of his admission to benefits of the partnership firm.

B. the date of majority

C. the date fixed by all the partners

D. the date on which 6 months expire from the date of attaining majority by minor.

Correct Answer: A, Section 30 (7) where such person becomes a partner—(a) his rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership

14. The liability by holding out, in case of retiring partner, continues up to the

A. date of retirement

B. date of public notice about such retirement

C. date of notice to other partners about such retirement

D. whichever is earlier out of A, B and C

Correct Answer: B, Section 32 – Retirement of A Partner cl (3)

15. ‘Price’ under the Sale of Goods Act, 1930 means

A. consideration in money

B. consideration in money or in kind.

C. any act or abstention for the sale of the goods.

D. all of the above

Correct Answer: A, S/2(10) “price” means the money consideration for a sale of goods

16. Unless it is specifically provided in a contract of sale, which of the following will not be regarded as essence of the contract for sale?

A. consideration in money

B. consideration in money or in kind

C. Any act or abstention for the sale of the goods.

D. all of the above

Correct Answer: C

17. The ‘full faith and credit’ clause in the constitution deals with

A. borrowings from the consolidated fund of India

B. Borrowings from the Consolidated fund of the state.

C. jurisdiction of the union in relation to territories outside India

D. none of the above

Correct Answer: D, 261. Public acts, records and judicial proceedings

18. Epistolary jurisdiction of the Supreme Court deals with ___

A. letter petitions

B. extraordinary jurisdiction

C. ecclesiastical matters

D. power to punish for contempt of court

Correct Answer: A

19. The test of ‘direct and inevitable effect’ is used to determine ____

A. overlapping between List I & List II of the 7th schedule.

B. validity of constitutional amendments.

C. infringement of fundamental rights.

D. Extraterritorial application of laws.

Correct Answer: C, R.C. Cooper v. Union of India, Bank Nationalization Case

20. Article 20(3) states that no person accused of an offence shall be compelled to be a witness against himself. This applies in the case of ____

A. narco-analysis

B. fingerprints.

C. DNA Sample

D. Handwriting sample

Correct Answer: A, Selvi v. State of Karnataka

21. Religious freedom is guaranteed in the Indian Constitution is subject to ____

A. public order

B. morality

C. other fundamental rights

D. all of these

Correct Answer: D, 25. Freedom of conscience and free profession, practice and propagation of religion

22. Freedom of speech and expression may be subject to reasonable restrictions imposed by law on the ground of ____

A. public health

B. contempt of court

C. interests of general public

D. public policy

Correct Answer: B

23. Laws on preservation, protection and improvement of livestock are enacted by the ____

A. union

B. states

C. both union and states

D. none of the above

Correct Answer: B, Item No. 15, Schedule II

24. Which one of the following is an incorrect match?

A. piracy and crimes committed on the high seas – union list

B. water supplies – state list

C. industrial and labour disputes – union list

D. adulteration of food stuffs – state list

Correct Answer: C, Item No. 22, Concurrent list

25. Which of the following is not correct?
President shall have the power to grant pardon___

A. in death sentence

B. in cases where the punishment or sentence is for an offence against any law on a matter where the union executive power extends.

C. in cases where the punishment or sentence is by a court martial.

D. in cases where the punishment or sentence is for an offence against any law on a matter where the state executive power extends.

Correct Answer: D, Article 72. Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases

26. By which constitutional amendment was the voting age brought down from 21 to 18?

A. 37th constitutional amendment of 1985

B. 61st constitutional amendment of 1988

C. 56th constitutional amendment of 1993

D. 46th constitutional amendment of 1985

Correct Answer: B, Article 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

27. What among the following is not a power or function of the speaker of Lok Sabha?

A. when there is a deadlock in vote, the speaker can cast his casting vote to break the deadlock. (Article 189 cl.1)

B. the speaker decides whether a bill is a money bill or not. (Art. 110 cl. 3)

C. the speaker of the Lok Sabha must resign from the membership of his party after being elected as a speaker

D. the speaker of Lok Sabha holds a higher rank than all cabinet ministers except the PM and Deputy PM.

Correct Answer: C, Art. 189 – Voting in Houses, power of Houses to act notwithstanding vacancies and quorum, 110. Definition of Money Bill

28. Which article states that the Council of Ministers is collectively responsible to the legislative assembly of the state?

A. Article 164

B. Article 174 (Sessions of the State Legislature, prorogation and dissolution)

C. Article 184 (Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman)

D. Article 194 (Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof)

Correct Answer: A, 164(2) Other provisions as to Ministers

29. The NJAC Act was declared as unconstitutional in

A. S.P. Gupta v. UOI

B. In re Presidential Reference of 1998

C. Sakal Chand v. UOI

D. SC Adv. On Record Association V. UOI

Correct Answer: D

30. In which of the following cases, the notification of 4th March, 2014 regarding Jat reservation was set aside?

A. Ram Singh v. UOI

B. Ram Kumar V. UOI

C. Rohtas Industries Ltd. (V. S.D. Agarwal

D. Indra Sawhney v. UOI TheIndra Sawhney case was decided by a nine-judge bench of the Supreme Court in 1992. The case is famous for decisively laying down several landmark propositions such as 50% threshold in reservations, the bar against reservations in certain types of posts, the exclusion of creamy layer

Correct Answer: A

31. Harish Chandra Singh Rawat v. UOI deals with ____

A. promulgation of president rule in the state of UK

B. removal of pornographic material from websites

C. imposition of President rule in Arunachal Pradesh

D. the rights of transgender in India

Correct Answer: A

32. “the constitutional protection in Article 21 which protects the right of the person for a fair trial is, in law, a valid restriction operating on the right to free speech under Article 19(1)(A), by virtue of force of it being constitutional provision.” In which of the following cases the aforesaid observation was made by SC?

A. Sahara India Real Estate v. SEBI

B. Shreya Singhal v. UOI

C. Dr. Subramanian Swamy v. Dr. Manmohan Singh

D. PUCL v. UOI

Correct Answer: A

33. In which of the following cases, the SC struck down section 66A of the IT Act, 2000

A. Sakal paper (P) Ltd. v. UOI (Right to freedom of speech)

B. S. Khusboo v. Kannaimal (related to defamation)

C. Shreya Singhal v. UOI

D. PUCL v. UOI

Correct Answer: C

34. Which of the following is not correct about the 93rd Constitutional amendment by which Article 15(5) was inserted in the constitution?

A. state may make special provision for socially and educationally backward classes of citizens or for Scheduled Castes or Scheduled Tribes.

B. this provision relate to their admission in educational institutions.

C. this provision applies to all educational institutions, aided or unaided.

D. this provision applies to all educational institutions including minority institutions.

Correct Answer: D, 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

35. State may create a monopoly complete or partial with respect to

A. Article 19(1)(a)

B. article 19(1)(c)

C. article 19(1)(g)

D. article 19(1)(e)

Correct Answer: C, Article 19(6)

36. The prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is to ensure

A. the dignity of the individual, one of the goals in the preamble.

B. right to live with dignity implicit in the fundamental rights.

C. protection of the weaker sections from social injustice and all forms of exploitation as provided in Article 46.

D. All of the above

Correct Answer: D, Object of the Act

37. Article 39(b) and (c) directs the state policy to secure the following

A. operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

B. ownership and control of the material resources of the community are so distributed as best to sub-serve the common good.

C. childhood and youth are protected against the exploitation and against moral and material abandonment

D. Both A and B

Correct Answer: A & B

Wrong questions

38. In which of the following cases, the Supreme Court established the relationship between Articles 14, 19 and 21 of the constitution.

A. R.C. Cooper v. UOI (Bank Nationalization case)

B. A.K. Gopalan v. State of Madras (Preventive detention case)

C. Maneka Gandhi v. UOI (Right to life)

D. Minerva Mills v. UOI

Correct Answer: C

39. The definition of ‘State’ under Article 12 of the Constitution is ____

A. implied to Part III unless the context otherwise requires.

b. applicable to all parts of the constitution.

C. limited to Part IV

D. Limited to Part V

Correct Answer: A

40. Article 16(4) refers to ____

A. meritorious representation

B. adequate representation

C. numerical representation

D. proportionate representation

Correct Answer: B, Article 16 – Equality of opportunity in matters of public employment

41. which of the following is correct about reservation in public employment?

A. determination of backwardness shall be on the basis of social and educational criteria.

B. backward classes can be divided into backward and more backward categories.

C. backward classes can be identified only and exclusively with economic criterion.

D. ‘provision’ in Article 16(4) means law made by parliament only.

Correct Answer: B

42. Advice by the council of ministers to the president is ____

A. excluded from judicial review

B. subject to judicial review

C. subject to judicial review in some circumstances.

D. excluded from judicial review in some circumstances.

Correct Answer: A, Article 74(2)

43. Corporation aggregate means

A. a group of persons

B. a community of already existing persons

C. a society of legal persons

D. an incorporated group of coexisting persons

Correct Answer: D

44. A right which has a co-relative duty can be legally enforced is called ____

A. an antecedent right

B. a remedial right

C. a perfect right

D. an imperfect right

Correct Answer: C

45. Ownership is “a right indefinite in point of user unrestricted in point if disposition and unlimited in point of duration over a determinate thing”, was stated by

A. Austin

B. Bentham

C. Roscoe pound

D. Dias

Correct Answer: A

46. Which of the following is an incorrect pair according to Roscoe Pound?

A. Public Interest Interest of the state as a guardian of social interest
B. Individual interest Personality
c. Social interest Security of social interest
D. Social Engineering Law has its source in the general consciousness

Correct Answer: D

47. Which of the following is an incorrect pair?

A. Hans Kelsen Pure Theory of Law
B. W. Friedmann Law’s Empire
C. Lon L. Fuller The Morality of Law
D. Julius Stone The Province and Function of Law

Correct Answer: B, Law’s Empire was written by Ronald Dworkin

48. Which of the following is incorrect?

A. according to Allen Buchanan, ‘right is not an economic concept.

B. according to Bikhu Parekh, it is possible to define ‘right’ in a non-aggressive, non-exclusive and non-absolutist manner.

C. John Stuart Mill’s essay on Liberty excluded the backward nation, women and children from the right to liberty

D. according to Hohfeld, liability is jural contradictory of disability.

Correct Answer: A

49. Savigny’s view of the law was first presented in the famous pamphlet “of the Vocation of our Age for Legislation and Jurisprudence”. This pamphlet was ____

A. a reaction against natural law theory.

B. a reaction against the analytical theory of John Austin.

C. a reaction to the proposals made by Professor A.F.J. Thiabaut for the codification of the laws and customs of the German States on the basis of Roman Law and Napoleonic Code.

d. A suggestion for the codification of the laws and customs of the German States on the basis of Roman Law as Roman Law had become the Germanic Volksgeist.

Correct Answer: C

50. In order that a local custom may be valid and operative as a source of law, which of the following requirements besides antiquity are to be satisfied?

1. Reasonableness

2. Conformity with Statute

3. Observance as a matter of moral right

Select the correct answer using the codes given below:

A. 1, 2 and 3

B. 2 and 3

C. 1 and 3

D. 1 and 2

Correct Answer: D

51. ‘Positive law’ is called positive because it is

A. made as a result of divine providence

B. made as a result of collective effort

C. made by a person in authority

D. followed by everybody

Correct Answer: C

52. The Supreme Court in State Trading Corporation of India v. Commercial Tax Officer (1963), observed that a company registered under the Companies Act, 1956

A. it is legal person but it cannot avail itself of fundamental rights under the constitution available to citizen only.

B. can neither claim legal personality nor right of a citizen.

C. is like a citizen of India and can avail itself of all rights available to citizens of India.

D. is a legal person and equivalent to a group of citizens.

Correct Answer: A

53. Hans Kelsen talked about

A. Validity and rigidity of norms

B. validity and propriety of norms

C. validity and effectiveness of norms

D. validity and solidity of norms

Correct Answer: C

54. Customs not only precede legislations, but are given superior to it. Match it with one of the following

A. Sir Henry Maine

B. Puchta

C. Hugo Van Savigny

D. Roscoe Pound

Correct Answer: C

55. Just as immunity is freedom from the power of another, liberty is

A. freedom from the claim of another

B. freedom from disability

C. freedom from suffering and misery

D. freedom in every sense

Correct Answer: A

56. “I have a right to do as I please. “The term ‘right’ in this statement refers to

A. Claim

B. power

C. Liberty

D. Immunity

Correct Answer: C

57. Which statement below is the least likely to follow logically from Savigny’s notion of a Volkgeist?

A. a society’s law is a reflection of its culture

B. law is like language

C. law is influenced hugely by religion

D. law is an integral element of the social fabric.

Correct Answer: C

58. Maine’s famous aphorism that ‘the movement of progressive societies has hitherto been a movement from status to contract’ is often misunderstood. In that way?

A. his idea is considered inapplicable to western legal systems.

B. it is misinterpreted as a prediction.

C. because status can never lead to contract

D. because status and contract are 2 unrelated concepts.

Correct Answer: B

59. If a norm is for long disregarded in practice and the courts no longer follow it in deciding cases; such a disuse of norms is called as

A. Desuetude

B. Staticness

C. Nomodynamics

D. Repulsion

Correct Answer: A

60. The corpus of law was classified by Austin. Which is the odd one out?

A. positive law

B. divine law

C. positive morality

D. Law by metaphysics

Correct Answer: D

61. Which on the following is the corelative of immunity?

A. liability

B. Duty

C. No claim

D. Disability

Correct Answer: D

62. In jurisprudence, ‘Bracket theory is related with

A. Fundamental Duty

B. Ratio Decidendi

C. Legal Personality

D. Possession

Correct Answer: C

63. The physical element of possession is also called as

A. Ratio decidendi

B. Corpus decidendi

C. corpus possessionis

D. animus possidendi

Correct Answer: C

64. Right –Duty correlation is propounded by

A. Austin

B. Fuller

C. Hohfeld

D. Cardozo

Correct Answer: C

65. The following is not the essential of ownership

1. Temporal in duration

2. Animus possidendi

3. Exclusion of others

4. Absoluteness of right

Correct Answer: A

66. Hierarchy of “oughts” is traceable to

A. pure theory of law.

B. realistic theory of law

C. combination of primary and secondary rules

D. none of the above

Correct Answer: A

67. X, a surgeon, amputates the right hand index finger of ‘Y’, a 14-year old beggar, with Y’s consent, and in good faith that this would enable “Y to get more alms. In this case.

A. ‘X’ commits no offence as the act was done with Y’s consent.

B. ‘X’ commits an offence as the consent of a child of 14 years is of no avail.

C. ‘X’ commits no offence as the act was done in good faith and for the benefit and with Y’s consent.

D. ‘X’ is not exempted from criminal liability as the act done was not in good faith within the meaning of IPC.

Correct Answer: Section 81 of IPC- Necessity

68. Hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury, but without intention to cause injury, or knowledge that it will probably be caused implies

A. criminal rashness

B. criminal negligence.

C. both A & B

D. none of these

Correct Answer: A, Rathnashalvan v. State of Karnataka

69. Which of the following is not essential for the offence of kidnapping?

A. minor child

B. intention of the accused

C. without the permission of lawful guardian

D. none of the above

Correct Answer: B

70. A bullock cart carrying a box of treasure is intercepted by ‘A’. The offence of theft is committed by ‘A’ if and as soon as

A. he seizes the bullock

B. the bullock is made to move by him in his direction

C. he takes the box of treasure

D. he takes the valuable contents of the treasure

Correct Answer: B, Section 378 – Theft

71. Z takes away a golden chain of his wife which was given by her father a Stridhan, without her consent, and pledges it to raise money for domestic use Z is ____

A. not guilty of theft as the claim was their joint property

B. not guilty of theft as the property was temporarily taken away.

C. guilty of theft

D. guilty of criminal misappropriation.

Correct Answer: C

72. Which of the following is an offence which is punishable in 4 stages?

A. Robbery

B. Dacoity

C. Murder

D. Rape

Correct Answer: B

73. On the non-completion of investigation i.e. failure of the prosecution to file chargesheet within the prescribed period of 90 or 60 days

A. the accused person is to be discharged.

B. the accused person shall be released on bail if he is prepared to and does furnish bail.

C. the accused person shall be released on bail as of right and no application for release on bail need be made.

D. the right of the accused person to be released on bail could be defeated by the subsequent filing of the charge sheet under any circumstance.

Correct Answer: B, Section 167 (2) 167. Procedure when investigation cannot be completed in twenty-four hours.

74. An executive magistrate is empowered to grant remand under section 167 of the CRPC. 1973 for a maximum period of

A. 15 days

B. 7 days

C. 60 days

D. 90 days

Correct Answer: B, Section 167 (2A)

75. Under which section of IPC, the offence of trafficking of person is defined?

A. section 362 (Abduction)

B. section 370

C. section 370A (Exploitation of a trafficked person)

D. Section 363A (Kidnapping or maiming a minor for purposes of begging)

Correct Answer: B

76. Which of the following sections of IPC deals with Gang rape?

A. Section 376A (376A. Intercourse by a man with his wife during separation)

B. Section 376D

C. Section 376C (Sexual intercourse by person in authority)

D. Section 376 E (Punishment for repeat offenders)

Correct Answer: B

77. Law commission of India 2015 report deals with

A. Juvenile justice

B. Sexual offences

C. Death Penalty

D. all of these

Correct Answer: C

78. A while leaving the examination hall as the last student, finds a watch on the floor and keeps it to himself. What offence, if any, has been committed by A?

A. Criminal Breach of Trust

B. Theft

C. Extortion

D. Criminal misappropriation of property

Correct Answer: D, 403. Dishonest misappropriation of property

79. The rights against self-incrimination under Article 20(3) and Section 161(2) of Cr.P.C. was recognized by the SC in the case of

A. Gian Kaur v. State

B. Rupan Deal Bajaj v. K.P.S. Gill

C. Nandini Satpathy v. P.L. Dani

D. Joginder Kumar v. state

Correct Answer: C

80. The difference between section 34 and section 149 of IPC is that ____

A. Section 34 with group liability whereas section 149 deals with unlawful assembly.

B. Section 34 requires 5 persons whereas section 149 requires minimum of 2

C. Section 34 requires active participation whereas section 149 is attracted even on membership of the unlawful assembly.

D. Section 34 is a substantive offence whereas section 149 is a rule of evidence only.

Correct Answer: C

81. Which of the following statements about Indian Penal Code is true?

A. the IPC applies to every person in any part of India for every act or omission contrary to the provisions of the code.

B. the IPC applies to any offence committed by any citizen of India within and beyond India.

C. Every such act committed outside India which if committed in India, would be punishable under the IPC.

All of the above

Correct Answer: D

82. In which of the following cases the SC applied the ‘locus penitentiae’ rule?

A. Om Prakash v state of Punjab

B. Malkiat singh v state of Punjab

C. State of maharshtra v Mohd. Yakub

D. Abhayanand Mishra v. State of Bihar

Correct Answer: B, locus penitentiae – Opportunity to withdraw from an ongoing process of committing oneself to an obligation, before such commitment is finalized; opportunity to abstain from committing an intended crime before it is too late.

83. Intoxication is an excusable defense to criminal liability if it is

A. administered against the will of the offender

B. administered without the knowledge of the offender

C. both a and b above

D. none of the above.

Correct Answer: C, 85. Act of a person incapable of judgment by reason of intoxica­tion caused against his will

84. ‘Malice in fact’ means a wrongful act done intentionally

A. without any just cause or excuse

B. with evil motive

C. without evil motive

D. none of the above

Correct Answer: B

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

List I (Principle) List II (Associated Case)
A. Negligence 1. Tolleys v. J.S. Fry & Sons
B. Scienti non fit injuria 2. Grant v. Austrlian Knitting Mills
C. Defamation 3. Smith v. Leech Brain & Co. Ltd
“Eggshell Skull” Rule 4. Smith v. Baker

Correct Answer: C-1, B-4, D-3, A-2

86. For the tort of defamation, the presence of malice destroys

A. the defence of qualified privilege

B. the defence of absolute privilege

C. the defence of both absolute and qualified privileges

D. the defence of neither absolute privilege nor qualified privilege

Correct Answer: A

87. What one of the following statements is incorrect?

A. an innocent principal is not liable for the fraud of his agent.

B. the general rule that employer is not liable for tort committed by the independent contractor is not applicable in cases of strict liability.

C. an act is deemed to be done in the course of employment, if it is a wrongful act authorized by the master.

D. an act is deemed to be done in the course of employment, if it is a wrongful and unauthorized mode of doing an act authorized by the master.

Correct Answer: A

88. The maxim ‘res ipsa loquitur’

A. shifts the burden of proving negligence on the plaintiff.

B. shifts the burden of disproving negligence on the defendant.

C. is a rule of evidence

D. both b and c

Correct Answer: D

89. The rule laid down in Re Polemis case is that the defendant shall be liable for all

A. direct consequences of his act.

B. direct consequences of his act only if he could foresee the kind of damage which has actually occurred.

C. direct consequences of his act if he could foresee some damage to the plaintiff

D. only for foreseeable damage

Correct Answer: C

90. Who is the chairman of the central consumer protection council?

A. a person appointed by the president of India.

B. minister in charge of consumer affairs in the Central Government

C. Chief Justice of India

D. President of the National Consumer Dispute Redressal Commission.

Correct Answer: B, S/4- The Central Consumer Protection Council.

91. What is the tenure of the members in District Consumer Redressal Forum?

A. the term of 5 years or upto the age of 65 years whichever is earlier

B. the term of 5 years or upto the age of 70 years whichever is earlier

C. the term of 2 years or upto the age of 65 years whichever is earlier.

D. a term of 5 years or upto the age of 62 years whichever is earlier.

Correct answer: A, S/10(2) – Composition of the District Forum

92. According to the ‘objective theory of negligence’, negligence is a

A. state of mind

B. type of conduct

C. state of heart

D. all of these

Correct Answer : B

93. The term culpa lata and culpa levis means:

Gross negligence and negligence of a smaller degree

B. culpable and non-culpable

C. cognizable and non-cognizable

D. civil liability and criminal liability

Correct Answer: A

94. For the defence of volenti non-fit injuria, it is necessary that

A. the plaintiff knowing that risk is there, agrees to suffer the harm.

B. the plaintiff agrees to suffer the harm.

C. the plaintiff knows that risk is there.

D. the plaintiff agrees to suffer the harm without knowing that risk is there.

Correct Answer: A

95. In which of the following cases it is not nuisance

A. playing music through loudspeaker at night

B. washing clothes at a public tap.

C. construction of a flour mill on the ground floor, while the upper floors are used for residential purpose.

D. creation of foul smell on one’s land which reaches neighbours.

Correct Answer: B

96. Vis major is an

A. action of an enemy

B. accident with strict liability

C. accident which can be controlled by human action.

D. inevitable accident due to natural forces beyond human control.

Correct Answer: D

97. A master’s liability for the act of his servant is based

A. on the doctrine of necessity

B. on morality

C. on the maxim of respondent superior

D. in the interest of trade and commerce

Correct Answer: C

98. W, a woman got pregnant inspite of sterilization operation. Will the doctor who performed sterilization operation be held liable on grounds of negligence? The doctor would

A. be liable only if there is proof that he was negligent in performing sterilization.

B. be liable as pregnancy could not have occurred in the absence of negligence on the part of doctor.

C. not be liable as the doctor performed the operation to the best of his ability.

Be liable as occurrence of pregnancy after sterilization is a sure proof of negligence.

Correct Answer: A

99. What is the basis of a ‘Duty’ for tort of Negligence?

A. principle of equity

B. foreseeability of a reasonable man

C. morality of the enterprise

D. contractual relationship between parties.

Correct Answer: B

100. By which amendment to the consumer Protection Act, 1986 the services availed of by a person for any commercial purpose was excluded from the definition of consumer?

A. by 1993 amendment

B. by 2002 amendment

C. by 2010 amendment

D. it is not excluded

Correct Answer: B, S/2(d)

101. The careless operations of railways that led to fire in the bogie standing in the platform attracted a few public spirited recues standing on 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, the railways had a team of expert rescuers who would have acted in any case.

B. Yes, because the dangerous situation by railways’ carelessness had invited the rescuers.

C. No, because his injuries were voluntarily assumed by him.

D. None of the above.

Correct answer: B

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

A. he has remedy to get the Municipal Corporation’s action stopped as it constituted a nuisance.

B. He had the freedom to hedge the restaurant by putting up screens and boards.

C. He has no remedy because he did not own the plot

D. None of the above

Correct answer: C

103. “Nothing connected with the internal disputes between the shareholders is to be the subject of an action by a shareholder.” This majority rule was laid down in the celebrated case of

A. Bharat Insurance Co. Ltd v. Kanhaiya Lal, AIR 1935 Lah 792

B. Brown v. British Abrasive Wheel Co. (1919) 1 ch 290

C. Foss v. Harbottle, (1843) 2 Hare 461: 67 ER 189

D. Lagunas Nitrate Co. v. Lagunas Syndicate, (1899) 2 Ch 392

Correct answer: C

104. The statutory formulation of directors’ duties under Companies Act, 2013 have been spelt out in

A. Section 166

B. Section 151 (Appointment of director elected by small shareholders)

C. Section 171 (Members‘ right to inspect)

D. Section 289 (Power of Tribunal on application for stay of winding up)

Correct answer: A

105. The first Annual General Meeting of a Company must be held

A. within 9 months from the date of closing of the 1st financial year.

B. within 5 months from the date of closing of the 1st financial year.

C. within 4 months from the date of closing of the 1st financial year.

D. within 3 months from the date of closing of the 1st financial year.

Correct answer: A, S/96 Annual General Meeting

106. The provision of Companies Act, 2013 relating to application to Tribunal for Prevention of oppression and mismanagement is contained in

A. Section 241

B. Section 349, (Official Liquidator to make payments into public account of India)

C. Section 361 (Summary procedure for liquidation)

D. Section 344 (Statement that company is in liquidation)

Correct Answer: A

107. A company shall be deemed to be unable to pay its debts:

A. if the company has failed to pay the sum within 21 days after the receipt of such demand.

B. if any execution process issued on a decree in favour of a creditor is returned unsatisfied.

C. if it is proved to the satisfaction of the Tribunal that the company is unable to pay its debts.

D. all of the above

Correct Answer: D, 434. Company When Deemed Unable To Pay Its Debts

108. The preamble of Indian Contract Act, 1872 states

A. whereas it is expedient to define and amend certain parts of the law relating to contracts _____

B. whereas it is expedient to define certain parts of the law relating to contract ____

C. whereas it is expedient to define and amend the law relating to contract _____

D. whereas it is expedient to amend certain parts of the law relating to contract ____

Correct Answer: A

109. B accepts the proposal of A by posting a letter of acceptance to A. The above acceptance

A. cannot be revoked by B as he has already accepted the offer and dropped the letter of acceptance.

B. can be revoked by B before the letter of acceptance reaches A.

C. Can be revoked by B at any time before B performs the contract.

D. can be revoked by B at any time before A actually performs the contract.

Correct Answer: B

110. Section 2 (d) of Indian Contract Act says: “when, at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing, something, such act or abstinence or ____ is called a consideration for the promise.”

A. approval

B. obligation

C. promise

D. undertaking

Correct Answer: C

111. Past consideration means

A. Money received in the past without making even a proposal.

B. the price which I more than the promisor’s past expectations.

C. the price paid or service rendered at the desire of the promisor followed by a subsequent promise.

D. consideration that was valuable in the past but has ceased to be of any value at the time of performance of contract.

Correct Answer: C

112. A promise to pay wholly or in part a debt of which the creditor might have enforced payment, but for the law of limitation of suits is a

A. if it is made in writing only.

B. if it is made in writing and registered under the law for the time being in force.

C. if it is made in writing and signed by the person to be charged therewith

D. even if made orally

Correct Answer: C

113. According to Section 16(1), Indian Contract Act: “A contract is said to be induced by “undue influence” where the ____ between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.”

A. relations subsisting

B. relations

C. fiduciary relations.

D. associations

Correct Answer: A

114. A person is deemed to be in a position to dominate the will of another

A. Where he holds an apparent authority over the other.

B. where he holds a real authority over the other.

C. where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental or bodily distress.

D. all of the above

Correct Answer: D

115. ‘C’ let a music hall to ‘X’ for a series of music concerts for certain days. The hall was completely destroyed by fire before the scheduled date of concerts. In this case

A. ‘C’ cannot be discharged from performance of the contract.

B. the Contract becomes voidable at the option of ‘X’

C. the contract is discharged by impossibility of performance.

D. the contract is void ab initio.

Correct Answer: C

116. When any person enters into any bail-bond, recognizance, etc. or under the provision of any law or under the Government’s order, gives any bond for the performance of any public duty/act, he shall be liable upon breach to pay

A. the sum as considered reasonable by the court.

B. the whole sum mentioned therein

C. either A or B

D. none of the above

Correct Answer: B, 74 Compensation for breach of contract where penalty stipulated for

117. Which one of the following is a contingent contract?

A. ‘A’ insures his factory against damage or destruction by fire.

B. ‘A’ sells his property subject to the condition that the property will be reconvened to him on repayment of price with interest.

C. a guard is appointed at a swimming pool for the sole purpose of rescuing drowning persons.

D. A borrower solemnly promises to pay off the lender when the borrower will be in funds.

Correct Answer: A, S/31 – Contingent Contract

118. The remedy/remedies for breach of contract provided under the Indian Contract Act is/are

A. injunction.

B. damages

C. specific performance

D. all of these

Correct Answer: B, Section 73 & 74

119. Exceptions to the doctrine of ‘privity of contract’ do not include ____

A. beneficiaries under a charge

B. equitable mortgage

C. estoppel

D. marriage settlement

Correct Answer: B

120. ‘V’ places an order with ‘S’ for the supply of 20 sewing machines. ‘S’ could not supply these in time. ‘V’ loses a profitable contract due to this ( a fact that was not communicated to ‘S’) and claims his loss of profit from ‘S’. But ‘V’ does not succeed as the nature of the damage is:

A. foreseeable

B. remote

C. ordinary

D. special

Correct Answer: D

121. The loss or damage arising from a breach of contract has to be ascertained

A. at the date of breach of contract

B. at the time of making contract.

C. at the discretion of Court

D. none of the above

Correct Answer: A

122. A person, who sues for damages, under the law of contract

A. has a duty to mitigate the loss consequent upon the breach of contract.

B. has no duty to mitigate the loss consequent upon the breach of contract.

C. can claim damages for the sum inclusive of the amount of loss due to his negligence.

D. has entire discretion in the matter.

Correct Answer: A, 73. Compensation for loss or damage caused by breach of contract

123. Money paid under mistake or coercion is recoverable if there is

A. mistake of law

B. mistake of fact

C. both a and b are correct

Correct Answer: C

124. Hadley v. Baxendale is a leading case on

A. anticipatory breach

B. remoteness of damages

C. breach of implied terms

D. all of these

Correct Answer: B

125. Consensus ad idem means

A. Common intention

B. Meeting of minds

C. Theme of Contract

D. None of these

Correct Answer: B

126. The display of articles in a showroom with prices amounts to

A. offer to sell articles at prices mentioned

B. counter offer

C. Invitation to offer

D. Mere advertisement

Correct Answer: C

127. The contract of uberrima fides means

A. a contract of goodwill

B. a contract guaranteed by surety

C. a contract of utmost good faith

D. none of the above

Correct Answer: C

128. Which of the following is not a quasi-contract?

A. obligation of a person enjoying benefit of non-gratuitous act

B. responsibility of finder of goods

C. liability of person to whom money is paid, or a thing delivered, by mistake or under coercion

D. novation

Correct Answer: D

129. A, a Hindu husband files a petition of divorce on the ground of his wife B’s adultery. Since B does not have sufficient income to defend herself she asks for maintenance pendente lite. The main consideration to decide her claim is

A. the income of the husband alone.

B. the income of the wife alone.

C. the conduct and character of the wife.

D. none of the above

Correct Answer: D, Sanjivani Ramchandra Kondalkar v/s Ramchandra Bhimrao Kondalkar that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance. A wife is entitled to claim maintenance only if she is able to prove that all the allegations of adultery are wrong.

130. A and his son B, constituted a Mitakshara Coparcenary. A gives his only son B in adoption to C. After adoption _____

A. B carries his coparcenary interest with him.

B. B cannot carry his coparcenary interest

C. A& B may carry his coparcenary interest according to his wishes

D. none of the above

Correct Answer: B

131. A Mitakshara joint family consists of father F, 2 minor sons S1, S2 and a major daughter D. After the death of the father in 2002 _____

A. D can be the karta of the family.

B. D can’t be the karta of the family.

C. D can be karta depending upon the consent of other coparceners.

D. None of the above

Correct Answer: B

132. A, a male Hindu marries B, a female Hindu according to Hindu rites & ceremonies. A obtains a decree of judicial separation against B. Afterwards, B wants to adopt a Hindu son. Which of the following is correct?

A. B has no right of adoption.

B. B can adopt a son of her own

C. B can adopt only after obtaining A’s consent

D. None of the above

Correct Answer: C, S/7. Capacity of a male Hindu to take in adoption

133. Under classic Hindu law, a ‘widow’s estate’ was the estate in which a Hindu female had ____

A. Limited ownership

B. Absolute ownership

C. No rights

D. Interest for life

Correct Answer: A

134. The Hindu Marriage Act, 1955 has ____

A. only territorial applicability

B. only extra-territorial applicability

C. territorial and extra-territorial applicability.

D. applicability in India and other commonwealth countries

Correct Answer: C

135. A. a Hindu male marries B, a Hindu female. At the time of marriage B was suffering from unsoundness of mind. On the ground of alleged disability ____

A. A can ask for divorce

B. b can ask for divorce

C. Either of them can ask for a decree of judicial separation.

D. B can ask for a decree of nullity

Correct Answer: D, s/12- voidable marriage

136. Which of the following states was first to make daughter, a coparcener?

A. Karnataka

B. Andhra Pradesh

C. Maharashtra

D. Kerala

Correct Answer: B

137. Conversion to another religion by a married Hindu under the Hindu Marriage Act, 1955

A. automatically dissolves the marriage.

B. does not automatically dissolve the marriage.

C. may or may not automatically dissolve the marriage depending on the facts and circumstances of the case.

D. discretionary to the court to take the marriage automatically dissolved or not.

Correct Answer: B

138. In the schedule of Hindu Succession Act, 1956 as amended in September 2005, the number of heirs have been increased in ____

A. heirs of Class I of the Schedule.

B. heirs in class II of the Schedule.

C. heirs in both classes I and II of the schedule.

D. no changes have been made.

Correct Answer: A

139. Disqualification under section 25 of the Hindu Succession Act, 1956 is

A. confined only to the person who committed murder.

B. confined only to those claiming title trough person who committed murder.

C. confined not only to the person who committed murder but also extends to the person claiming through him.

D. confined only to the person who abetted murder.

Correct Answer: C

140. A, a Male Christian adopts a Hindu Child. The adoption is ___

A. Void

B. Voidable

C. Irregular

D. Invalid

Correct Answer: C

141. A, a Sunni male Muslim marries B, a Sunni female Muslim, who happens to be his first wife’s sister. The marriage is _____

A. Valid

B. Void

C. Irregular

D. Invalid

Correct Answer: C

142. Who has no right to partition under Hindu Law?

A. Mother

B. Son, grandson and great grandson

C. Son conceived at the time of partition

D. None of the above.

Correct Answer: A

143. A right to divorce under Section 13(2)(i) of Hindu Marriage Act, 1955 has been given to

A. the 1st wife

B. The 2nd or subsequent wife or wives

C. The 1st wife as well as the 2nd or subsequent wife or wives

D. None of the above

Correct Answer: C

144. Bigamy under Hindu Law is committed by a person who marries during the lifetime of his or her spouse provided

A. the first marriage is valid.

B. the 1st marriage is null and void

C. the 1st marriage is voidable and no court’s decree annulling 1st marriage has been obtained.

D. Both A and C

Correct answer: D

145. Fine prescribed under section 18 of Hindu Marriage Act, 1955 for child marriage may extend to

A. Rs. 5,000

B. Rs. 3,000

C. Rs. 1,00,000

D. None of these

Correct Answer: C

146. Can a Hindu marry 2nd time on the basis of written consent of his 1st wife?

A. Yes

B. No

C. Yes, if wife is more than 21 years of age

D. Yes, if wife does not give birth to any child in last 10 years

Correct Answer: B

147. Marriages which are irregular under the Sunni Law, under the Shia Law, the same are

A. Valid marriages

B. Void marriages

C. Voidable marriages

D. Either valid or void as decided by Qazi

Correct Answer: B

148. The period of “Iddat” in Muslim Law is

A. the period when muslim women observe fasting after the death of their husbands.

B. the period during which the Muslim women are free to leave their husbands and marry another man.

C. The period of limitation during which the Muslim women can claim back the dower from their divorced husbands.

D. the period of seclusion to be observed by a Muslim woman whose marriage has been dissolved by divorce or death.

Correct Answer: D

149. Any member of Parliament (MP), Member of Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime with more than 2 year sentence, will be disqualified as an elected representative on the date of conviction. In which of the following verdict, the SC opined so which sent waves of panic amongst the government.

A. Prakash v. Phulavati (2015)

B. Lily Thomas v. UOI (2013) (the right of an unmarried mother to be appointed as the sole guardian without informing the’ deserter’ father)

C. ABC v. The State (NCT of Delhi) (2015)

D. PUCL v. Union of India (2013)

Correct Answer: B

150. The constitutionality of the Haryana Panchayati Raj (Amendment Act), 2015 was challenged in

A. Raj Bala v. State of Haryana

B. Raj Singh v. State of Haryana

C. Chaudhary Charan Singh v. State of Haryna

D. Kiran Bala v. State of Haryana

Correct Answer: A

151. In RBI v. Jayantilal N. Mistry, the court observed that

A. RBI comes within ambit of Right to Information Act, 2005

B. RBI does not come within ambit of Right to Information Act, 2005.

C. RBI being highest independent banking authority does not come within ambit of Right to Information Act, 2005.

D. None of the above

Correct Answer: A

152. Under the Biodiversity Act, 2002, which of the following users of biodiversity is not exempted from the requirement of prior intimation to the state biodiversity board for the purpose of obtaining of bio-resources for commercial exploitation?

A. Cultivators of Biodiversity

B. Local people of the area

C. An organization registered in India

D. Hakims practicing indigenous medicine.

Correct Answer: C, Section 7 – Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes

153. In which of the following cases, it was held that “there is no reason to compel non-smokers to be helpless victims of air pollution?

A. Murli S. Deora v. UOI

B. Samatha v. State of A.P.

C. M.C. Mehta v. UOI

D. PUCL v. UOI

Correct Answer: A

154. The “Doctrine of Public Trust” was propounded by the SC in the case of ____

A. Indian Council for Enviro-Legal Action v. UOI, AIR 1996 SC 1446 (Polluter Pays Principle)

B. M.C. Mehta v. Kamal Nath, (2000) 6 SCC 353

C. M.C. Mehta v. UOI, (1997) 2 SCC 353 (Taz Trapezium matter)

D. M.C. Mehta v. UOI, (1988) SCC 1115 (Pollution of the Ganga river)

Correct Answer: B

155. The National Green Tribunal Act, 2010 was enacted as a response to

A. the 180th Report of the Law Commission of India

B. The 184th Report of the Law Commission of India

C. The 186th Report of the Law Commission of India

D. The 190th report of the Law Commission of India

Correct Answer: C

156. Which of the following statement is incorrect?

A. Moral rights are available only to the author of work.

B. moral rights can be exercised after the assignment of copyright.

C. the moral right available in India are the right of authorship of the work and the right of integrity with respect to that work

D. all moral rights cannot be claimed by legal representatives of the author after his death.

Correct Answer: D

157. Who is the author in relation to a cinematograph film?

A. Producer

B. Director

C. Composer

D. Artist

Correct Answer: A, Section 2(d)(v) of the Act

158. Which of the following statements is correct?

A. copyright is protected only under common law.

B. copyright is protected only under Copyright Act, 1957

C. Copyright is protected both under Copyright Act, 1957 and common law.

D. Copyright is protected at the option of author of a work. The author, however, cannot claim copyright in his work both under Copyright Act, 1957 and common law at the same time. He has to opt one of the two.

Correct Answer: B

159. In Kapil Wadhwa v. Samsung Electronics Co. Ltd (2012), the Delhi HC held that under Trade Marks Act, 1999 ____

A. the principle of domestic exhaustion of rights is applicable in India.

B. the principle of regional exhaustion of rights is applicable in India

C. the principle of international exhaustion of rights is applicable in India.

D. the principle of exhaustion of rights is not applicable in India

Correct Answer: C

160. A new variety shall be registered under the Protection of Plant Varieties and Farmer’s Rights Act, 2001 if it conforms to the criteria of ____

A. Novelty, distinctiveness and stability

B. Novelty, inventiveness, uniformity and stability

C. Novelty, distinctiveness, uniformity, inventiveness and stability

D. Novelty, distinctiveness, uniformity and stability

Correct Answer: D, 15. Registrable varieties

161. Which of the following is patentable under the Patents Act, 1970?

A. Micro-organisms

B. Plants

C. Animals

D. Seeds

Correct Answer: A, Section 3(j) Patents Act, 1970

162. Who appoints secretary-general of the UN?

A. Secretariat on the Joint recommendations of General Assembly and Security Council.

B. General Assembly on the recommendations of the Security Council.

C. Security Council on the recommendations of the General Assembly.

D. Secretariat on the recommendations of the General Assembly

Correct Answer: B

163. The right to exploit living organisms belonging to sedentary species can be exercised in ____

A. Territorial waters and contiguous zone.

B. Contiguous zone only

C. Exclusive economic zone only

D. Continental shelf only

Correct Answer: D

164. Which of the following elements is essential for a practice to become custom?

A. Jus Cogens (the principles which form the norms of international law that cannot be set aside)

B. Pacta Sunt Servanda (the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfillment of respective obligations is a breach of the pact.)

C. Opinion Juris Sive necessitates

D. Rebus sic stantibus (the unenforceability of a treaty due to fundamentally changed circumstances)

Correct Answer: C, an opinion of law or necessity

165. In the report of the Office of the High Commissioner of Human Rights (OHCHR) Investigation on Sri Lanka (OISL) of 16 September, 2015, it has been recommended to try war crimes and crimes against humanity, including sexual crimes and crimes committed against children by

A. International Criminal Court

B. an ad hoc hybrid special court

C. International Court of Justice

D. Apex Court of Sri Lanka

Correct Answer: B

166. Find out the incorrect match from the following

A. Temple of Preah Vihear Case – Cambodia v. Thailand

B. Island of Palmas case – Netherlands v. Spain

C. Corfu Channel case – Great Britain v. Albania

D. Asylum Case – Columbia v. Peru

Correct Answer: B, Netherlands v. US

167. Which of the following is a specialized agency of the United Nations?

A. Trusteeship Council

B. World Intellectual Property Organization

C. U.N. Human Rights Committee

D. OPEC

Correct Answer: B

168. Which of the following statements I incorrect about Hugo Grotious?

A. He is called the “Father of Law of Nations”

B. He wrote Mare Liberum

C. He was a positivist

D. Grotious considered law of nature as an independent source of international law, apart from customs and treaties.

Correct Answer: C

169. An individual can file a petition before Human Rights Committee only if his/her country is a party to the ____

A. United Nations Charter

B. Universal Declaration of Human Rights

C. International Covenant on Civil and Political Rights

D. First Optional Protocol to International Covenant on Civil and Political Rights

Correct Answer: C

170. ____ imposed a duty of non-recognition of all territorial acquisitions brought about in breach of international law?

A. Incorporation doctrine (The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.)

B. Estrada doctrine (the Estrada Doctrine states that Mexico should not make positive or negative judgments about the governments, or changes in government, of other nations, because such an action would imply a breach to their sovereignty.)

C. Stimson doctrine

D. Blackstonian doctrine (The principle that courts do not create the law but merely discover and announce it.)

Correct Answer: C

171. Which of the following statements is incorrect?

A. the recognition may be express or implied.

B. the recognition may be de jure or de facto

C. Ordinarily, the recognition operates prospectively and not retrospectively.

D. Collective recognition may be conferred through the medium of an international institution.

Correct Answer: C

172. Which of the following is mentioned as a source of international law under Article 38(1) of the Statute of International Court of Justice?

A. equity

B. the teachings of the most highly qualified publicists of the various nations.

C. resolutions of General Assembly and Security Council

D. Decisions or determination of the organs of international institutions.

Correct Answer: B

173. What is the status of the decisions of International Court of Justice?

A. the decisions of ICJ have binding force and operate as precedent.

B. the decisions of ICJ have no binding force except between the parties and in respect of that particular case.

C. the law laid down by ICJ shall prevail even if it is in contravention with a treaty or a custom. Such treaty or custom shall be nullified to the extent of conflict.

D. the decisions of ICJ have only persuasive force.

Correct Answer: B, Article 59

174. Which of the following statements is not correct?

A. International Court of Justice consists of 15 members.

B. Judges of ICJ represent principal legal systems of the world.

C. UN Secretary General appoints judges of the ICJ

D. Judges of the ICJ enjoy diplomatic immunities and privileges.

Correct Answer: C, The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council.

175. A state is admitted into the membership of UN on the recommendation of the

A. UN Secretary General

B. Security Council

C. General Assembly

D. Economic and Social Council

Correct Answer: B

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