Paper II LAW June 2012

(CBSE) UGC NET Previous Years Solved Paper II LAW
June 2012

1. The Supreme Court held in which of the following cases that preamble is not the part of the Constitution of India

(A) Berubari case

(B) A. K. Gopalan case

(D) Minerva Mill’s case

Ans: (A)

2. Article 16(4A) which gives power to the State to make laws regarding reservation in favour of Scheduled Castes and Scheduled Tribes was added by the

(A) 75th Amendment to the Constitution of India.

(B) 76th Amendment to the Constitution of India.

(D) 78th Amendment to the Constitution of India.

Ans: (C)

3. The protection and improvement of environment including forests and wild life of the country is

(A) Directive Principle of State Policy

(B) Fundamental National Policy

(D) Both Directive Principle of State Policy and Fundamental Duty of a Citizen

Ans: (D)

4. Originally the Supreme Court consisted of a Chief Justice and

(A) Seven other judges

(B) Twelve other judges

(D) Fifteen other judges

Ans: (A)

5. A resolution passed under Clause (1) of Article 249 shall remain in force for such period not exceeding

(A) Three months

(B) Six months

(D) Twelve months

Ans: (D)

6. The President’s rule under Article 356 of the Constitution of India remains valid in the State for maximum period of

(A) One month

(B) Three months

(D) One year

Ans: (C)

7. The power of the Parliament to a mend the Constitution of India is a constituent power laid down in Article 368 by

(A) Twenty Fourth Amendment Act

(B) Twenty Sixth Amendment Act

(D) Forty Fourth Amendment Act

Ans: (A)

8. ‘Jurisprudence is as big as law and bigger’. who said this ?

(A) Austin

(B) Lloyds

(D) Holland

Ans: (C)

9. “Rousseau is a Janus like figure in the history of national law” – who said this ?

(A) Hobbes

(B) J. S. Mill

(D) Barker

Ans: (D)

10. Match List-I (Jurist) with List-II (Assumption) and select the correct answer using the codes given below the lists :

List – I	List – II
I. Acquinars II. Pound III. Kelsen IV. Savigny	(a) Jural postulates (b) Spirit of people (c) Ground norm (d) Reason and will in law

Codes :

I II III IV

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

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

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

Ans: (A)

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

List – I	List – II
I. Law in a changing society II. Human Law and Human Justice III. The morality of law IV. Ancient law	(a) Fuller (b) Friedmann (c) Stone (d) Main

Codes :

I II III IV

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

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

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

Ans: (B)

12. Which one of the following schools of Jurisprudence considers that “a reasoned scale of values can be discovered as a basis for legal development” ?

(A) Sociological

(B) Historical

(D) Philosophical

Ans: (D)

13. According to Salmond, the correlative of liberty is

(A) Duty

(B) No rights

(D) Disabilities

Ans: (B)

14. Assertion (A) : Customs to have the force of law must be immemorial.

Reason (R) : Custom represents common consciousness of people.

Codes :

(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).

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

Ans: (D)

15. Assertion (A) : International Court of Justice has power to decide cases on the basis of equity

Reason (R) : Equity is one of the General Principles of Law recognized by Civilized Nations.

Codes :

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

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

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

Ans: (A)

16. Match List-I with List-II :

List – I (Subject Matter)	List – II (Cases)
(a) International Custom (b) Res Judicata (c) Legal status of General Assembly Resolutions on decolonization and self determination (d) Human Rights	(i) S. S. Lotus (France v. Turkey) PCIJ, Series A, No. 10 (ii) U. N. Administrative Tribunal case, International Law Reports, 1954, P. 310 (iii) Western Sahara Case, Advisory Opinion, ICJ Rep., 1975, P. 12 (iv) Lawless Case, American Journal of International Law, Vol. 56, 1962, P. 187

Codes :

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

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

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

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

Ans: (A)

17. U. N. Commission on Human Rights has been discarded and replaced by

(A) Economic, Social and Cultural Rights Committee

(B) Amnesty International

(D) Human Rights Council

Ans: (D)

18. Which of the following is not a primary source of International Law ?

(A) International Treaty

(B) Decision of International Court of Justice

(D) General Principle of Law recognized by Civilized Nations

Ans: (B)

19. Which of the following cases relates to retroactive nature of the act of recognition of government ?

(A) Aksionairnoye Obschestro A. M. Luthar V. James Sagor & Co., (1921) 3 K.B. P. 532

(B) Trendtex Trading Corporation V. Central Bank of Nigeria, (1977) B. P. 529

(D) Nicaragua V. U.S.A., ICJ Rep., 1984, P. 169.

Ans: (C)

20. In a case concerning the legality of the Threat or use of Nuclear Weapons, the International Court of Justice gave advisory opinion at the request of :

(A) U.N. Security Council

(B) U. N. General Assembly

(D) United Nations Educational and Cultural Organization

Ans: (B)

21. Which is not the modern source of Hindu Law ?

(A) Equity, Justice and Good Conscience

(B) Precedent

(D) Legislation

Ans: (C)

22. Consider the following propositions and give the correct answer

I. A void marriage remains valid until a decree annulling it has been passed by a competent court.

II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.

III. A voidable marriage is regarded as a valid marriage until a decree annulling it has been passed by a competent court.

Codes :

(A) I, II and III are correct

(B) I and II are correct

(D) I and III are correct

Ans: (C)

23. Assertion (A) : Break down of marriage as such is not a ground for Divorce.

Reason (R) : It may result into an easy way of dissolution of marriage and shall result into instability in the society.

Codes :

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

(B) (A) is correct, but (R) is incorrect.

(D) (R) is correct, but (A) is wrong.

Ans: (A)

24. Dastane Vs. Dastane is a case decided by the Supreme Court relating to :

(A) Adultery

(B) Dessertion

(D) None of the above

Ans: (C)

25. Marriages of all persons who are citizens of India belonging to various religions should by made compulsory registrable in their respective States where the marriage is solemnised. This was held by the Supreme Court in the case of :

(A) Githa Hariharn Vs. RBI

(B) Seema Vs. Ashwani Kumar

(D) None of the above

Ans: (B)

26. Assertion (A) : The Hindu Marriage Act, 1955 brought changes like prohibition of polygamy and prigamy and permission for inter-caste marriages.

Reason (R) : The changes were brought under social pressure.

Codes :

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

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

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

Ans: (C)

27. An agreement made by mistake is

(A) Void

(B) Voidable

(D) Immoral

Ans: (A)

28. Which of the following statements are true ?

(i) Minor’s contract can be ratified on attaining majority.

(ii) Minor’s contract cannot be ratified on attaining majority.

(iii) Minor’s contract can be ratified jointly by both the parties to the contract.

(iv) Minor is not liable under minor’s contract.

Codes :

(A) (i) and (iii)

(B) (ii) and (iv)

(D) (ii) and (iii)

Ans: (B)

29. Assertion (A) : Damages must be related to damage.

Reason (R) : Damage is damaging and damages are compensating.

Codes :

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

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

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

Ans: (A)

30. Arrange the following concepts in sequence in which they appeared.

Use the codes given below :

(i) Offer by x to y

(ii) Undue influence of x over y

(iii) Demand of damages by y from x

(iv) Acceptance of the offer by y.

Codes :

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

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

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

Ans: (C)

31. Which one of the following pairs is correctly matched ?

(A) In India, consideration must follow…..from promisee only.

(B) In India, consideration must follow……from only promisor or only promisee.

(D) In India, consideration must follow…..promisee or any other person.

Ans: (D)

32. Assertion (A) : Collateral transactions to wagering agreements are valid.

Reason (R) : Only wagering agreements are declared void under Section 30 of the Indian Contract Act.

Codes :

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

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

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

Ans: (D)

33. Liability in torts depends on

(A) quantum of damages suffered

(B) involvement of intention

(D) effect of public interest

Ans: (C)

34. Which of the following ingredients are essential to make master liable for the acts of the servant ?

(1) Tort was committed by the servant.

(2) Tort was committed in the course of employment.

(3) Express authority was given by master.

(4) Master has knowledge of all constituent offers of tort.

Codes :

(A) 1, 2, 3

(B) 1, 2, 4

(D) 1, 2

Ans: (D)

35. Which of the following is an essential constituent of negligence ?

(1) Defendant was under or legal duty to exercise due care

(2) This duty was owed to plantiff

(3) Defendant committed breach of such duty

(4) That the breach of such duty was the direct and proximate cause of the damage alleged.

Codes :

(A) 1, 2 and 3

(B) 1, 2, 3 and 4

(D) 1, 2 and 4

Ans: (B)

36. Which one of the following is not a good defence in suits for damages or negligence ?

(A) Contributory Negligence

(B) Express contract with plantiff

(D) Voluntary assumptions of risk

Ans: (C)

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

List – I	List – II
(a) Rayland Vs Fletcher (b) Donoghue V Stevenson (c) Gludster Grammer School Case (d) Rose Vs. Ford	1. Compensation for pain and suffering 2. Loss caused by Competition in business 3. Strict liability 4. Liability of Minor for tests 5. Liability for negligence

Codes :

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

(A) 1 2 3 4

(B) 2 3 4 5

(D) 3 4 2 1

Ans: (C)

38. Assertion (A) : Tort is a civil wrong redressible by an action for unliquidated damages only.

Reason (R) : Law does not provide compensation in the nature of liquidated damages.

Codes :

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

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

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

Ans: (C)

39. ‘Z’ while walking along a deserted road at night during winter saw a just born baby abandoned on a side. For a moment be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby is left over unprotected, it might die. But he did nothing and went away.

‘P’ another person also passed through that road and saw the baby and acted just like ‘Z’ and went away. Next morning the infant baby died of exposure.

Decide who is responsible ?

(A) Only ‘Z’ who saw first

(B) ‘P’ for omitting to be compassionate

(D) Neither ‘Z’ nor ‘P’ is responsible

Ans: (D)

40. Decide on whom criminal liability can be fixed on the following :

The accused ‘P’ caught hold of the victim and exhorted on the main accused ‘L’ to strike the victim; upon which he inflicted a kirpan wound and consequently the victim died.

Assertions :

(i) ‘P’ is liable for punishment.

(ii) ‘P’ and ‘L’ are both liable for common intention.

(iii) ‘P’ and ‘L’ are both responsible for victim death for having common object.

(iv) ‘P’ is not liable for any offence.

Reasons :

(A) (i) is quite possible

(B) (ii) is reasonable

(D) (iv) is most accurate

Ans: (B)

41. ‘M’ a quack, an uneducated in matters of surgery, had performed an operation on a man for internal piles with the help of ordinary Knife, unlike previous occasions, for which the man died due to haemorrhage. Decide on ‘M’’s liability.

(i) ‘M’ is a recognised quack and hence not liable.

(ii) ‘M’’s profession is not legally acceptable hence liable.

(iii) ‘M’ is not liable because the man consented for such operation.

(iv) ‘M’ is not liable because it was a post – operational syndrome

The probable answer is :

(A) Statement (i) is correct

(B) Statement (ii) is correct

(D) Statement (iii) and (iv) are correct

Ans: (B)

42. Fill in the gap.

‘P’ in support of a just claim of ‘Q’ has stated against ‘Z’, for a sum of Rupees one thousand and falsely sweared on a trial that he heard ‘Z’ admitted as to the just claim of ‘Q’.

The court decides that it was an affirmation of ________.

(A) Statement of truth

(B) False evidence

(D) None of them

Ans: (B)

43. One of the essentials of holding a person responsible for dowry death is

(A) subjected to harassment by peer groups.

(B) subjected to harassment for dowry

(D) All of them

Ans: (B)

44. Fill in the gap :

An act of grievous hurt is always inferred through enormity to ________ and not merely a slight more than a frolic.

(A) Murder

(B) Bodily injury

(D) All of them

Ans: (A)

45. Assertion (A) : Before Bangalore Water Supply case educational institutions were excluded from the definition of an industry.

Reason (R) : Main purpose of such institutions is to impart education, and not to run business or trade.

Codes :

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

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

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

Ans: (A)

46. An individual dispute becomes industrial dispute when it is taken up by

(A) Union only.

(B) Union or substantial number of workmen.

(D) Subsequent support of union.

Ans: (B)

47. Which of the following statements are true ?

I. All employees are workmen.

II. All employees are not workmen.

III. All workmen are employees.

IV. All managerial staff are workmen.

Codes :

(A) I and II

(B) II and III

(D) I and III

Ans: (B)

48. In which of the following cases the Supreme Court held that medical representative is not workman ?

(A) Standard Vacuum Oil Company V. Commissioner of Labour

(B) Anand Bazar Patrika V. Its Workmen

(D) J & J Dechane V. State of Kerala

Ans: (D)

49. Which one of the following statement is true ?

(A) The general funds of a registered trade union shall not be spent on the payment of salaries.

(B) A registered Trade union may constitute a separate fund for the promotion of the civic and political interests.

(D) Every registered Trade Union shall not be a body corporate.

Ans: (B)

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

List – I (Subject)	List – II (Provisions of Trade Union Act, 1926)
(i) Appointment of Registrar (ii) Appeal (iii) Amalgamation of Trade Unions (iv) Cancellation of registration	1. Section 24 2. Section 10 3. Section 3 4. Section 11

Codes :

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

(A) 2 4 1 3

(B) 4 1 3 2

(D) 1 3 2 1

Ans: (C)

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