AILET LLM 2015

1. “Distribution of various things to various persons in proportion to their personal dignity.” Which doctrine is reflected by the statement?
(a) Commutative justice
(b) Distributive justice
(c) Corrective justice
(d) None of the above

2. According to Hobbes, the ultimate objective of law and sovereign power is to
(a) command subjects
(b) establish peace
(c) decide between just and unjust law
(d) impart justice only

3. Who has written the book titled of “The Vocation of Our Age for Legislation and Jurisprudence”?
(a) Edmund Burke
(b) Sir Henry Maine
(c) Friedrich Carlvon Savigny
(d) Roscoe Pound

4. Who among the following is the chief exponent of the English historical school of law ?
(a) Savigny
(b) Henry Maine
(c) Herbert Spencer
(d) Coolidge Carter

5. Match the following works with their authors.
A. Charles Darwin
B. Karl Marx
C. Rudolph von Ihering
D. John Austin
i. The Communist Manifesto
ii. The Province of Jurisprudence Determined
iii. Origin of Species
iv. Law as a Means to an End
(a) A- iii, B-i, C-iv, D-ii
(b) A- ii, B-i, C-iv, D-iii
(c) A-iv,B- i, C-iii, D-ii
(d) A-iii, B-iv, C-ii, D-i

6. Every legal system comprises of a series of norms in order of rank with supposition that there is a great norm which gives legal validity to other norms in hierarchy ’ The norm was termed by Kelson
(a) Sovereign Norm
(b) Delegated Norm
(c) Grand Norm
(d) Natural Law

7. Match the names of the jurists with as their opinions of Jurisprudence.
A. The study and systematic arrangement of the general principles of law
B. Lawyer’s extra version
C. The scientific synthesis of the essential principles of law
D. Science of the first principles of the civil law
i. Julius Stone
ii. Keeton
iii. Allen
iv. Salmond
(a) A -iii, B-ii, C- iv, D-i
(b) A-i, B-ii, C-iv, D-iii
(c) A-ii, B-iii, C-iv, D-i
(d) A-ii, B-i, C-iv, D-iii

8. The term ‘Dominium’ means
(a) An absolute right to a thing
(b) Only a physical control over a thing
(c) a & b both
(d) None of the above

9. Stammler’s opinion of law reflects its
(a) inviolability
(b) autocratic collective will
(c) a & b both
(d) none of the above

10. The term ‘Eunomics ’ used by the Lon Fuller, he defines as
(a) the natural law as authoritative law
(b) doctrine of binding ultimate ends
(c) the theory or study of good order and workable arrangements
(d) none of the above

11. Finnis has established relation of natural law with other subjects. Such list contains______ subjects.
(a) Five
(b) Eight
(c) Seven
(d) Twenty

12. Who is the supporter of ‘Social Contract Theory’?
(a) Kant
(b) Grotious
(c) Rousseau
(d) All the above

13. Defence against external aggression is a
(a) Primary function of State
(b) Secondary function of State
(c) Ancillary function of State
(d) None of the above

14. Who among the following supports the theory that Judges make the law?
(a) Blackstone
(b) Coke
(c) Dicey
(d) None of the above

15. Which is not the safeguard against the delegated legislation?
(a) Parliamentary Control
(b) Judicial Control
(c) Publicity
(d) None of the above

16. Relationship between law and morals can be established as
(a) Morals as the basis of law
(b) Morals as the test of positive law
(c) Morals as the end of law
(d) All the above.

17. Law provides Indemnity is a perfect example of
(a) Social justice
(b) Distributive Justice
(c) Corrective Justice
(d) None of the above

18. “International law is the vanishing point of jurisprudence.” Statement made by
(a) Sir William Blackstone
(b) Sir Henry Maine
(c) Sir Thomas Erskine Holland
(d) H.L.A. Hart

19. According to Salmond , a perfect duty is one
(a) which is recognized by law
(b) which is enforced by law
(c) a & b both
(d) none of the above

20. Power of making treaty is conferred upon
(a) The Parliament
(b) President of India
(c) Prime Minister of India
(d) President of India but is subject to ratification by the Parliament

21. The writ of mandamus would be issued when there is failure to
(a) perform a mandatory duty
(b) perform a discretionary duty
(c) perform an obligation arising out of contract
(d) perform a duty by a private institution

22. India borrowed the idea of incorporating fundamental rights in the Constitution from
(a) Constitution of France
(b) Constitution of USA
(c) Constitution of Britain
(d) Charter of Human Rights

23. Money Bill can be introduced in
(a) House of the People
(b) Council of States
(c) Either of the two Houses
(d) None of the above

24. What can be the maximum interval between the two sessions of each House of Parliament?
(a) three months
(b) six months
(c) nine months
(d) one year

25. Which of the following States has separate Constitution?
(a) Sikkim
(b) Mizoram
(c) Jammu & Kashmir
(d) None of the above

26. India is Republic because
(a) The Head of State is elected (indirectly) by the people
(b) The Head of Government is elected by the people
(c) The Government is responsible to the people
(d) The Constitution of India was made by the people

27. Rescission of contract means
(a) To renew a contract
(b) To cancel a contract
(c) To alter a contract
(d) None of these

28. On accepting a proposal, it becomes a
(a) agreement
(b) valid agreement
(c) contract
(d) promise

29. Caveat Emptor means
(a) Seller be aware
(b) Callous agent
(c) Buyer be aware
(d) None of these

30. When goods are put on display with a price tag attached to them it is said to be
(a) Offer
(b) Invitation to offer
(c) Agreement
(d) None of the above

31. According to the law of contract, considerations and objects are unlawful
(a) In case they are fraudulent
(b) When they are immoral
(c) When they are forbidden by law
(d) All the above

32. For the enforcement of any of the Fundamental Rights
(a) writ petition must be moved in the High Court
(b) writ petition cannot be filed directly in the Supreme Court
(c) writ petition can be directly moved in the Supreme Court
(d) writ petition can be directly moved in the Supreme Court with its leave

33. The power of the President of India to issue an Ordinance is a
(a) Executive power
(b) Legislative power
(c) Constituent power
(d) Administrative power

34. The clemency of capital punishment may be granted by
(a) President of India
(b) Chief Justice of India
(c) Prime Minister of India
(d) Parliament

35. Hussainara Khatoon V. State of Bihar was the case where Supreme Court
(a) directed release of all undertrials who were in jail for periods longer than maximum term of imprisonment for which they could be sentenced if convicted of the offence charged
(b) exhorted the state governments to establish more criminal courts to ensure speedy trial of undertrials
(c) only (a) is correct . (d) both (a) & (b)

36. Organization of village panchayats is contained in
(a) Article 41
(b) Article 42
(c) Article 40
(d) Article 43A

37. National Capital Territory of Delhi has been constituted by
(a) 71st Amendment
(b) 82nd Amendment
(c) 69th Amendment
(d) Ordinance promulgated by the President

38. Section 326 B in IPC which was added by Criminal Law (Amendment) Act, 2013 refers to
(a) Trafficking of a person
(b) Attempting to throw acid
(c) Sexual assault
(d) Both (a) & (b)

39. Who will inquest the suicidal death of woman within seven years of marriage?
(a) only Police
(b) only executive Magistrate
(c) only judicial Magistrate can investigate
(d) both (a) & (c)

40. Which of the following is Montesquieu’s work?
(a) Spirit of law
(b) Civilisation and the growth of law
(c) The Theory of Justice
(d) Law as Fact

41. Concept of ‘Volksgeist’ was propounded by
(a) Kant
(b) Ehrlich
(c) Savigny
(d) Maine

42. Who gave the theory of sovereignty for the first time in a proper sense?
(a) Bodin
(b) Machiavelli
(c) Bentham
(d) Dicey

43. An evidence obtained by improper or unlawful means is
(a) Relevant
(b) Irrelevant
(c) Relevant and admissible
(d) Irrelevant and inadmissible

44. In relation to First Information Report, which of the following statements is not correct ?
(a) It is not a substantive evidence
(b) It merely marks the beginning of the investigation
(c) It cannot be used as a previous statement for any reason
(d) The informant need not be an eye-witness

45. Where a case relates to two or more offences of which at least one is cognizable and others non-cognizable
(a) The case shall be deemed to be a cognizable case
(b) The case shall be deemed to be a non-cognizable case
(c) Either (a) or (b)
(d) Depend on the magistrate’s direction

46. Actus reus means
(a) External manifestation of the will
(b) Such action which are prohibited by law
(c) The whole definition of the crime with the exception of mental element and it even includes a mental element in so far as that is contained in the definition of act.
(d) External physical acts prohibited by law

47. A, an officer of a court of justice was ordered to arrest Y by the court. He arrests Z after due inquiry believing Z to be Y
(a) A has committed the offence of wrongful confinement
(b) A is guilty of criminal negligence
(c) A has committed no offence, because he is protected by Sec. 76, IPC
(d) None of the above is correct

48. ‘A’ in his madness, attempts to kill ‘B’. ‘B’ hits ‘A’ with an iron road seriously injuring him
(a) ‘B’ has no right to private defence since ‘A’ is mad
(b) ‘B’ has right to private defence though ‘A’ is mad
(c) ‘B’ is guilty of inflicting grievous injury on ‘A’
(d) None of the above

49. A instigates B to murder C. B stabbed C but C recovers from the wound.
(a) A is not guilty of instigation as desired result not abstained
(b) A is guilty of abetting B to commit murder
(c) A is guilty of abetting B to commit grievous hurt
(d) None of these

50. A self-styled expert in family planning, gave B some chemical after the consumption of which the child in the womb of B died in the womb.
(a) A has committed the offence of murder
(b) A has committed the offence of culpable homicide not amounting to murder
(c) A has committed the offence of causing miscarriage
(d) A has committed no offence

51. Z takes away a gold chain of his wife which was given by her father as Stridhan, without her consent, and pledge it to raise money for domestic use. Z is
(a) Not guilty of theft as the chain 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

52. Goods under Sale of Goods includes
(a) All movable property
(b) All movable property excepting money and actionable claims
(c) All movable property excepting money only
(d) All movable property excepting actionable claims only

53. Goods are said to be in deliverable state when they are in such state that
(a) The buyer is bound to take delivery of the goods
(b) The goods are ready but buyer has option of refusing to take delivery
(c) Half of the total order of the goods are ready
(d) None of the above

54. According to Indian Contract Act, in which of the following situation an agreement in restraint of trade is valid?
(a) Sale of goodwill
(b) Business contingency
(c) Mutual adjustment
(d) None of the above

55. The plaintiff, a one-eyed man, employed by the defendants, was working in conditions involving some risk of eye injury but the likelihood of injury was not sufficient of call upon the defendants to provide goggles as to a normal two-eyed workman. The plaintiff was injured in the eye while working. The defendants are
(a) Liable because the plaintiff being a one-eyed workman magnitude of risk of injury to his remaining eye was very high and consequently the defendants should have provided him with goggles
(b) Not liable because the defendants were not duty bound to provide goggles to the plaintiff
(c) Liable because the plaintiffs nature of duties was such that eye injury was probable
(d) Not liable because the plaintiff and voluntarily undertaken the job fully appreciating the risks involved

56. Law of torts have developed mainly through
(a) Enactments
(b) Judicial decisions
(c) Customs and precedents
(d) All the above

57. Two strangers took lift in a jeep. A bolt fixing the right front wheel to the axle gave way toppling the jeep. Two strangers were thrown out and one of them died of injuries and the other sustained injuries.
(a) The drive is responsible for the accident as he did not take care and caution
(b) The owner is responsible as he let the driver to drive a defective vehicle
(c) The strangers are responsible as they took the lift willingly (volenti non fit injuria)
(d) Both the driver and owner are responsible

58. The doctrine ‘rest ipsa loquitur’ does not apply
(a) When two inferences are possible
(b) When the thing which causes the damage is not the exclusive control of the defendant
(c) both (a) and (b)
(d) neither (a) nor (b)

59. Sampling is based on
(a) census
(b) probability
(c) objection A study
(d) number of cases

60. Identify odd thing out
(a) Literature review
(b) Research problem
(c) Objective & hypothesis
(d) Conclusion

61. Directive principles are
(a) justiciable as fundamental rights
(b) justiciable but not as fundamental rights
(c) decorative portion of Indian Constitution
(d) not justiciable but fundamental in governance of the country

62. Find the odd one out
(a) Right to Equality
(b) Cultural and Educational Rights
(c) Right against exploitation
(d) Right to Property

63. Which of the following writs is issued by an appropriate judicial forum in order to free a person who is illegally detained ?
(a) Quo Warranto
(b) Certiorari
(c) Habeas Corpus
(d) None of the above

64. Which Article of the Constitution gives Governor power to grant pardon in certain cases ?
(a) Article 151
(b) Article 155
(c) Article 161
(d) Article 165

65. As per Article 274, of Constitution whose prior recommendation is required to Bills affecting taxation in which states are interested
(a) Speaker of the Lok Sabha
(b) President
(c) Prime Minister
(d) Both (a) & (b)

66. A man ran to a lake stating that he would jump in it but he was caught before he could reach it. He is guilty of
(a) attempt to culpable homicide
(b) attempt to suicide
(c) attempt to injure himself
(d) no offence

67. In which of the following way the right of stoppage in transit cannot be exercised be the unpaid seller ?
(a) By taking actual possession of the goods
(b) By giving notice of such intention
(c) By either of them
(d) None of them

68. Quit India movement was declared by the Indian National Congress in Mumbai Session of AICC on
(a) August 8, 1942
(b) August 15, 1947
(c) January 26, 1950
(d) None of the above

69. The Preamble of our Constitution proclaims that “We, the people of India” have established”
(a) a Sovereign, Socialist, Secular, Democratic Republic
(b) a Sovereign, Democratic Republic
(c) a Sovereign, Secular, Democratic Republic
(d) a Sovereign, Socialist, Secular Republic

70. The term of President of India is for
(a) five years from the date of entering upon office
(b) four years from the date of entering upon office
(c) five years from the date of declaration of result of election
(d) Life

71. Give correct response
(a) The Council of Ministers are collectively responsible to the President of India
(b) The Council of Ministers are collectively responsible to the Parliament
(c) The Council of Ministers are collectively responsible to the Lok Sabha
(d) The Council of Ministers are collectively responsible to the Prime Minister

72. Rajya Sabha has a term of
(a) six years
(b) it is a permanent body in which one third of members retire after every second year
(c) five years from the date of oath taken by the members
(d) ten years

73. Representatives of Union Territories in Lok Sabha are chosen by
(a) direct election
(b) indirect election
(c) nomination
(d) none of the above

74. Parliament consists of
(a) Lok Sabha and Rajya Sabha
(b) Lok Sabha, Rajya Sabha and the President
(c) Lok Sabha, Rajya Sabha, President and Vice President
(d) Lok Sabha, Rajya Sabha, President and Comptroller & Auditor General

75. In case of Concurrent List both Union and State Legislatures may make laws, but in case of conflict
(a) President has the discretion to chose which prevails
(b) Supreme Court decides which prevails
(c) Union Law prevails
(d) State Law prevails in the State which made the law but elsewhere the Union Law prevails

76. Who is the first law officer of the Government of India
(a) Chief Justice of India
(b) Attorney General
(c) Solicitor General
(d) Law Secretary

77. Which case is related to Promissory Estoppel ?
(a) Chappell & Co. Ltd. v. Nestle Co. Ltd.
(b) Lakeman v. Mountstephen
(c) Currie v. Misa
(d) Central London Property Trust Ltd. v. High Trees House Ltd.

78. The plaintiff, a bullion merchant, was arrested by the police on a charge of purchasing stolen goods. Gold and silver ornaments were seized from the plaintiff and kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for compensation. In this case compensation is
(a) Payable as there is misappropriation by the servants of the State
(b) Payable due to the fact that the police constable is in duty
(c) Payable by the police constable himself and not by the State
(d) Not payable as the act was committed in discharge of sovereign function

79. The plaintiff, a lady visitor to a restaurant, was injured by the ceiling fan which fell on her. The reason for the falling of fan was a latent defect in the metal of the suspension rod of the fan. In an action against the defendant, he is
(a) Not liable because injury was not foreseeable
(b) Liable because injury was foreseeable
(c) Liable because of the doctrine of ‘res ipsa loquitur’
(d) Liable because of the last opportunity rule

80. Assertion (A): A person can claim damages, if he has sustained any loss monetary or otherwise.
Reason (R): Where there is infringement of a legal right, law will allow compensation.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true and R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

81. Assertion (A): He who keeps ferocious animal keeps it at his peril.
Reason (R): It is not wrongful to keep a ferocious animal, the wrong is in allowing it to escape from the keeper’s control with the result that it does damage.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true and R is not a correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

82. During rainy season there is water logging in many areas of city. The dirty water remains for months because of faulty drainage. The water causes hard -ships and diseases. Which one of the following correctly describes the reason for the disposal of the case ?
(a) The facts shows no ‘nuisance’
(b) Lack of financial capacity on the part of the Municipal corporation is not a defence
(c) Water logging was caused by heavy rains which is an act of nature exempting the Municipal Corporation
(d) A duty is imposed on the municipal corporation by the statue

83. In which case the strict maxim of law that ‘No person can be indemnified unless he has actually been damnified’, has been liberalised on the basis of equity ?
(a) Dugdale v. Lovering
(b) Secretary of State v. Bank of india Ltd.
(c) Gajanan Moreshwar v. Moreshwar Madan
(d) Bank of Bihar v. Damodar Prasad

84. The defendants published in their newspaper a photograph of one Mr. ‘C’ and Miss. ‘X’, together with the words, “ Mr. ’C ‘ the race-horse owner, and Miss. ‘X’, whose engagement has been announced”. The information on which on which the defendants based their statement was derived from Mr. ‘C’. In fact, Mr. ‘C’ and Mrs. ‘C’ were not living together. Mrs. ‘C’ sued the defendants for defamation , the innuendo being that Mr. ‘C’ was not her husband but lived with her in immoral cohabitation. The defendants would be
(a) Liable because a publisher is responsible for the consequences of any publication and the plaintiff’s innuendo is established
(b) Not liable because he genuinely believed the news to be true and so published the same
(c) Liable because they had been negligent in publishing the news
(d) Not liable because they have verified the veracity of the news from Mr. ‘C’ before publishing the same

85. Every injury imports damage though it does not cost the party one farthing. For a damage is not merely pecuniary, but an injury imports a damage, when a man is thereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of speaking them yet he shall have an action. A man shall’ve an action against another for riding over his ground, though it does him no damage, for it is an invasion of his property, and the other has no right to come there. This opinion was expressed by
(a) Chief Justice Hilt in Ashby v. White
(b) Justice Hankford in Glucester Grammer school case
(c) Lord Macmillan in Donogue v. Stevenson
(d) None of the above

86. ‘A’ a qualified voter, was denied his right to vote by the Returning Officer. Thus candidate for whom A voted was nevertheless elected. An action in tort against the Returning Officer
(a) does not lie because A suffered no harm the candidate he wanted to voted for was elected
(b) does not lie because there was no malice
(c) lies because a legal right was injured even though no harm was caused
(d) none of the above

87. Defamation is divided into libel and slander under
(a) Indian Law only
(b) English Law only
(c) Both under English Law & Indian Law only
(d) None of the above

88. Tort is a violation of
(a) a right in rem
(b) a right in personam
(c) both right in rem & right in personam
(d) neither a right in rem & nor a right in personam

89. In which of the following cases, it was observed that if an act is otherwise lawful it does not become unlawful merely because the same has been done with an evil motive?
(a) Allen v. Flood
(b) Mayor of Bradford Corpn. v. Pickles
(c) Town Area Committee v. Prabhu Dayal
(d) Stone v. Bollon

90. A lady died at the time of the birth of her child. An unqualified midwife attended her to on her own request at the time of the delivery. Her husband brought an action for damages in this case.
(a) no damages are payable as the deceased lady voluntarily engaged the midwife
(b) damages are payable to the husband as his consent was not taken
(c) no damages are payable as the unqualified midwife can be criminally tried
(d) damages are payable as the consent of the deceased was irrelevant

91. The propounder of pigeon hole theory is
(a) Salmond
(b) Austin
(c) Winfield
(d) Clerk & Lindsell

92. A railway company was authorized by law to run railway trains on a track. The sparks from the engine set fire to the adjoining property belonging to the plaintiff. Which one of the following defences will be most appropriate for the defendant to raise in a action for nuisance by the plaintiff?
(a) Public good
(b) Nuisance due to other’s acts
(c) Reasonable act in conducting his business
(d) Statutory authority

93. Trespass to goods is
(a) Actionable per se
(b) Actionable only when damage is caused
(c) not actionable at all
(d) all the above

94. A, a lorry driver, was permitted by his employer to stop during long journey to obtain refreshment. One day, while walking towards a cafe (having drawn up the lorry by the roadside), the driver was involved in a collision with the plaintiff, a pedestrian. The plaintiff got injured.
(a) The employer will not be liable for A’s act
(b) The employer will be liable for A’s act because he was acting in the course of his employment
(c) The employee will not be liable because he was authorized to stop during long journey to obtain refreshment and accident occurred in this process
(d) None of the above

95. Z sued A,B,C, and D for damages for making defamatory statements and he was awarded a decree of Rs. 30,000/-. He executed the decree against A alone and could recover a sum of only Rs. 10,000/-
(a) Z can file execution proceedings against B,C. and D for the recovery of balance of amount
(b) Z cannot do so
(c) Z should file only against the one from whom he can recover the amount
(d) None of the above

96. last opportunity rule is
(a) an exception to contributory negligence
(b) a modification to contributory negligence
(c) an alternative to contributory negligence
(d) supplements to contributory negligence

97. Remoteness of damages is determined by
(a) the test of directness
(b) the test of reasonable foresight
(c) both (a) and (b)
(d) none of the above

98. Deepak. v. State of Haryana (2015) is the case relating to
(a) Delay in lodging FIR in case of rape
(b) Transfer of investigation to CBI
(c) Issuance of summoning orders
(d) Presumption of dowry death

99. Jaat community is not entitled to be included as backward community in OBCs has been held by the Supreme Court in the case of
(a) Ram Singh and Ors. v. Union of India
(b) Rashmi Behl v. State of U.P.
(c) Sampath Singh v. State of Haryana
(d) Satish Kumar Dabgarv. Union of India

100. A division bench of a High Court consists of
(a) 1
(b) 2
(c) 3
(d) More than 2