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206 Legal Reasoning Problems

206 LEGAL REASONING PROBLEMS Directions: Given below is a statement of legal principle, followed by a factualsituation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

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0% found this document useful (0 votes)
6 views5 pages

206 Legal Reasoning Problems

206 LEGAL REASONING PROBLEMS Directions: Given below is a statement of legal principle, followed by a factualsituation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

Uploaded by

Soumita Mondal
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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206 LEGAL REASONING PROBLEMS

Directions: Given below is a statement of legal principle, followed by a factualsituation. Apply the principle to the facts and select the most appropriateanswer among the alternatives given 1. PRINCIPLE :- Preparation is not an offence except the preparation of somespecial [Link]:Rameshwar keeps poisoned halua in his house, wishing to kill Binoy whomhe invited to a party and to whom he wishes to give it. Unknown to Rmeshwar, hisonly son takes the halua and dies. In this case(a).Rameshwar is liable for the murder.(b)He is not liable for murder since t is a preparation alone. (c) He is liable for culpable homicide 2. PRINCIPLE:- Every member of unlawful assembly guilty of offence committedin prosecution of common object:-FACT:-A, -along with eight others went to a near village to beat some of hisenemies. In this fight A was injured. The members of the opposite party ran [Link] A's friends followed the opponents and killed one of them.(a) A and his companions are liable to be punished for the murder.(b) Only A is liable ,others are liable for minor offences only(c) No one is liable since they exercised the private defence (3) PRINCIPLE- Whoever intentionally puts any person in fear of any injury tothat person, or to any other, and thereby dishonestly induces the person so put infear to deliver to any property or valuable security, or anything signed or sealedwhich may be converted into a valuable security, commits "extortion".FACTS:- A threatens to publish a defamatory libel concerning B unless B givesRs.5 lakhS. A induces B to give money.(a) A is guilty of defamation(b) A is guilty of extortion(c ) A is not guilty since it is a preparation only. 4. PRINCIPLE:-Nothing which is not intended to cause death, is an offence byreason of any harm which it may cause, or be intended by the doer to cause, or beknown by the doer to be likely to cause, to any person for whose benefit it is donein good faith, and who has given a consent, whether express or implied, to sufferthat harm, or to take the risk of that harmFACTS:- A fake doctor operated on a man for internal piles by cutting them outwith an ordinary knife. The man died of haemorrahage.(a)Doctor is guilty of murder(b)Doctor is not guilty(c) Doctor is guilty of culpable homicide not amounting to murderHe exercised his right of private defence under a mistake of fact. He was under thebelief that A and B were fighting. He is justified in exercising his right of privatedefence .(5) PRINCIPLE:-Whoever dishonestly misappropriates or converts to his own useany movable property, shall be punished with imprisonment of either descriptionfor a term which may extend to two years, or with fine, or with [Link]:- A finds a diamond ring, not knowing to whom it belongs. He sells itimmediately to a jeweller.(a) A is guilty of Criminal Misappropriation.(b) A is not guilty of Criminal Misappropriation(c) A is guilty of cheating (6) PRINCIPLE:- voluntary drunkenness is not a Defence under ss.85 and 86 of the Code FACTS:- A has in his possession a bottle of poisonous lotion for externalapplication and a bottle of medicine for internal use. A in a drunken conditiongives to his child an ounce of the poisonous lotion to drink as result of which thechild died. Is A guilty of any offence?(a)A is guilty of' death caused by rash and negligent act.(b)A is guilty of murder(c A is not guilty since he is in a drunken state.A cannot take 'drunkenness' as a defence as voluntary drunkenness is not aDefence under ss.85 and 86 of the Code .(7) PRINCIPLE:- Attempt to murder is punishable under S.307 IPC butpreparation is not an [Link]:- A mixes sugar, thinking that it was poison in the tea meant for B with anintention to cause his death. What offence, if any, has been committed by A? (a) A is not liable to be punished for any offence. 'A' has done only preparation,for the commission of crime,(b) A is liable for attempt to murder He is guilty of criminal conspiracy (8)PRINCIPLE:- By virtue of s. 330 of the Code, if a person voluntarily causeshurt for the purpose of extorting confession from the sufferer or any informationwhich may lead to the detection of an offence, he shall be punishable withimprisonment of either description for a term which may extend to seven yearsand shall also be liable to fineFACTS:- X, a police officer tortures Y, to tell him where the stolen property waskept by him. Has A committed any offence?(a)

X is not liable since he is discharging his duty.(b) X is liable since the custodial torture is not part of duty(c) X is not liable since the torture was to extract confession .(9) PRINCIPLE-"Nobody shall unlawfully interfere with a person's use orenjoyment of land, or some right over, or in connection with it. The use orenjoyment, envisaged herein, should be normal and reasonable taking into accountsurrounding situation."FACTS-Jeevan and Pavan were neighbours in a residential locality. Pavan starteda typing class in a part of his house and his typing sound disturbed Jeevan whocould not put up with any kind of continuous noise. He filed a suit against Pavan.(a) Pavan is liable, because he should not have started typing class in hishouse(b) Pavan is liable, because as a neighbour, he should have realised Jeevan'sdelicate nature(c) Pavan is not liable, because typing sound did not disturb anyone elseother than Jeevan(d) None of the above. Using the standards of a reasonable man, the sound of typing cannot be said asdisturbing and hence it is a reasonable one. (10) PRINCIPLE:- Whoever wrongfully restrains any person in such a manner asto prevent that person from proceedings beyond certain circumscribing limits, issaid "wrongfully to confine" that person. FACTS:-A places men with fire arms at the outlets of a building, and tells B thathe will fire at B, if B attempts to leave the building.(a) A is guilty of wrongful restraints(b) A is guilty of wrongful confinement(c ) A is not guilty since it is a preparation only.

constitution rigid like that of constitution of USA. Our constitution has accomplished acombination of rigidity and [Link] 368 of the constitution provides for amendment of the constitution. According toArticle 368, there are some provisions, which can be easily amended by simple majority certainother provisions can be amended only by 2/3rd majority. There are still other provisions, whichnot only require 2/3rd majority but also require rectification (approval) by majority of the states. 2. Establishment of a Sovereign, Socialist, Secular, democratic, Republic The preamble of the constitution declares India to be a sovereign, socialist, secular,democratic Republic. The word sovereign emphasizes that India is no more dependent on anyoutside authority. The words socialist and secular have been inserted in the Preamble by 42ndamendment,1976 .Preamble was amended only once .The term socialism has no definite [Link] general it means some form of ownership and distribution by the state .The term secularismmeans state has no religion of its own as religion of the state and non- interference of state inreligious matters. It treats all religions equally. The term democracy means the rulers are electedby the people and are responsible to them. The term Republic signifies that there shall be anelected head of the state. [Link] of Unitary and federal feature According to Article X-1 of the constitution of India. India is a union of states. India is acentralized federation- center has a strong control over the states. The parliament can change theboundaries of the states, create new states, appoint Governors etc. The center can declareemergency in the states. So we can say that India is Quasi-federal state. 4. Parliamentary System of Government In India both at the center and the states there is parliamentary system of [Link] president is the constitutional head and the real power is in the council of ministers headedby the Parliamentary System. 5. Fundamental Rights The incorporation of a formal declaration of fundamental rights in Part-III of theconstitution is a distinguished feature. The state cannot make a law, which takes away thefundamental rights of a citizen. They are prohibitions against the state. Fundamental Rights arenot absolute. They are subject to reasonable restrictions imposed by the [Link]-III of the constitution is known as Magna Carta (1215) of Indian constitution. Thereare 5 types of writs for the enforcement of fundamental [Link]

are: -1. Habeas corpus2. Mandamus3. Prohibition4. Quo-Warranto5. CertiorariArticle 12-35 deals with fundamental Rights. Article 14-18 Right to equality, Article 19-22 Rightto freedom. Article 23 and 24 right against exploitation. Article 25-28 Right to freedom of Religion. Article 29-30 deals with Right to cultural and educational Rights of minorities. Article31-35 constitutional Remedies Supremacy of the Constitution: Constitution of the country is the permanent law and no law can be enacted in violationof the constitution. 500 OBJECTIVE TYPE QUESTIONS ONCONSTITUTION OF INDIA 1. The source of India's sovereignty lies in the:(a) President(b) Prime Minister (c) People of India (d) Preamble to the Constitution2. Which Article authorises the Parliament to form new States, and alter areas, boundaries ornames of existing States?(a) Article 2 (b) Article 3 (c) Article 6(d) Article 83. The Speaker can ask a member of the House to stop speaking and let another member [Link] phenomenon is known as(a) yielding the floor (b) crossing the floor.(c) anti-defection(d) decoram4. All-India Services come under Article:(a) 310(b ) 312 (c) 316(d) 3195. What is the duration of 'zero hour' in Lok Sabha?(a) 15 minutes(b) Half-an-hour(c) One hour (d) Not specified. 6. The State which bas the largest number of seats reserved for the Scheduled Tribes in Lok Sabha is(a) Bihar.(b) Gujarat.(c) Uttar Pradesh. (d) Madhya Pradesh. 7. Which of the following Constitutional posts is enjoyed for a fixed term? (a) President( b) Chief Justice(c) Prime Minister(d) Governor8. Which of the following exercises, the most profound influence, in framing the IndianConstitution?(a) British Constitution(b) US Constitution(c) Irish Constitution (d) The Government of India Act, 1935. 9. From which Constitution was the Concept of a Five Year Plan borrowed into the IndianConstitution? a) USA b) USSR c) UKd) Ireland 10. The words 'secular' and 'socialist' were added to the Indian Constitution in 1975 byamending the a) Preamble b) Directive Principlesc) Fundamental Rightsd) All of the above 200Rank making points -Constitution of India 1. The act through which British Crown assumed sovereignty over India from the East IndiaCompany ---- Government of India Act, 1858.2. The act that gave opportunities to the non-official and native elements in Indian society to takepart in the work of the Government ----- Indian Councils Act, 1892.3. The act that provided, for the first time, for separate representation of the Muslim Community ----- the Indian Councils Act 1909 (Morley-Minto Reforms).4. The report which led to the enactment of the Government of India Act 1919 - ---Montagu-Chelmsford Report.5. The main features of the system introduced by the Government of India Act, 1919 were:- ------(i) Dyarchy in the Provinces, (ii) Relaxation of Central control over the Provinces and (iii) TheIndian Legislature was made more representative.6. The act which made the Indian legislature, for the first time, bicameral----- the Government of India Act, 1919.7. The Communal Award that prescribed separate electorates for the Muslims was issued by ------amsay MacDonald, the British Prime Minister, on August 4, 1932.8. The act which provided separate representation not only for the Muslims, but also for theSikhs, the Europeans, Indian Christians and Anglo-Indians ---- Government of India Act, 1935.9. The Constitution of India was adopted on - -------26th November, 1949.10. The bulk of the Constitution became operative on ------26th January, 1950, which date isreferred to in the Constitution as its Date of Commencement. Questions Based on Assertion-Reason(CONSTITUTION OF INDIA) Directions: In the questions given below are two statements labeled as Assertion (A) and Reason (R). In the context of the two statements, which of the following is correct?(a) Both A and R are true and R

is the correct explanation of A.(b) Both A and R are true but R is not the correct explanation of A.(c) A is true but R is false.(d) A is false but R is true. 1. Assertion (A) :- Assertion (A): The Preamble of the Constitution starts with 'We, the people of India'Reason (R): It implies that the Constitution is created by the entire nation. Ans. (b) 2. Assertion (A):- The Supreme Court consists of a Chief Justice and 30 other [Link] (R):- The Judges of the Supreme Court draw such salaries and allowances as arespecified in the second schedule of the Constitution. Ans. (c) 3. Assertion (A):- Under Article 141, the decision of the Supreme Court is binding on all courtswithin the territory of [Link] (R):- The Supreme Court is bound by its earlier decisions. Ans. (c) 4. Assertion (A):- The President is a part of the [Link] (R):- A bill passed by the Houses of Parliament cannot become a law without theassent of the President . Ans. (a)

OBJECTIVE GK HISTORY 1. Who wrote Chilapadikaram?(a) Ilanko Adikal(b) Kalidas(c) Panini(d) Kamba 2. Who coined the slogan Dilli Chalo(a) Mahatma Gandhi(b) Gopala Krishna Gokhale(c) Subhash Chandra Bose(d) [Link] 3. Who was known as Deasbandhu?(a) Sardar Patel(b) [Link](c) Subhash Chandra Bose(d) [Link] 4. Who presented the first Budget in Independent India?(a) Morarji Desia(b) [Link] Shetty(c) Abdul Kalam Azad(d) [Link] i5. The title SARDAR was given to Patel by(a) Raja Rammohan Roy(b) Dr. B.R. Ambedkar(c) Mahatma Gandhi(d) Motilal Nehru

GENERAL SCIENCE
1. Aspirin can be found in many household medicines. But what is it chemically?a) Paracetamolb) Acetylsalicylic acidc) Acetaminophend) Ibuprofen2. Scientist associated with the success of Green Revolution is(a) J.C. Bose,(b) V.R. Rao,(c) S.S. Bahtnagar,(d) Norman Borlaug.3. Acoustics is the study of (a) heat,(b) magnetis(c) light,(d) sound. INDIAN ECONOMY 14. In our country, which of the following affects poverty line the most ?(a) Production quantum(b) Per capita income(c) Quantum of gold reserves(d) Level of prices 15. RBI has handed over the responsibility for the provision and supervision of finance foragriculture to(a) SIDBI(b) NABARD(c) EXIM Bank (d) UTI 16. The Indian Income Tax is(a) progressive(b) direct(c) income - elastic(d) all the above 17. Companies pay Corporate Tax on their(a) production:(b) sales proceeds.(c) income.(d) investment .18. RBI has handed over responsibility to EXIM Bank to provide finance to(a) industrial sector(b) agricultural sector(c) foreign trade sector

UN AND OTHER INTERNATIONAL ORGANISATIONS 1. Which government established a Committee to study the plan for the formation of League 2.
of Nations :(A) British Government(B) American Government(C) French Government(D) German Governmen t2. Which institution is often termed as "a Child of War" :(A) UN(B) League of Nations(C) SAARC(D) WHO

3. When was the League of Nations formed :(A) 5th January, 1920(B) 8th January, 1920(C) 10th 4. 5. 6.
January, 1920(D) 15th January, 19204 Which Conference adopted the United Nations Charter on 26th January, 1945 :(A) London Conference(B) Tokyo Conference(C) San Francisco Conference(D) None of the above When was "The United Nations Declaration" signed :(A) 1st January, 1942(B) 1st October, 1945(C) 1st November, 1946(D) 1st December, 19496. Which countries made a joint draft known as "Hirst-Millar Draft", for the League of Nations : (A) India and America(B) British Government and India(C) America and Britain(D) None of the abov

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