AILET MOCK 1

Q.1 A person is liable for the consequences of his wrongful act only to the extent he can foresee the
consequences of his act.

Kannan was suffering from a serious disease which required urgent medical attention. He got a seat
booked in an Indian Airlines flight from his place to Delhi where such treatment is available. But due
to mechanical defects, which in turn could be attributed to bad maintenance, the flight was delayed
for hours together. As a result, by the time the flight reached Delhi, Kannan developed serious
complications and he could not be saved. His heirs filed a suit against Indian Airlines claiming damages
for the death. Under the relevant law, the Airlines shall be liable for the damage caused by the delay.

a) Kannan's critical condition was obvious to the flight attenders and hence the Airlines was liable ;

b) Kannan's condition was not known to the Airlines when the ticket Leas issued and hence the Airlines
was not liable

c) the Airlines should be held liable for its negligence towards maintenance of the aircraft.

(d) None of these

Q.2 Principle: According to the doctrine of vicarious liability, a person shall be liable for the damage
caused by his employee in the course of employment.

Facts: Kishenlal is a big trader in coffee and he appointed Kiran as his agent to procure coffee from the
coffee growers in a particular region. Normally, Kiran used to collect coffee beans from the growers
and the payments would be made within a month. This arrangement was going on for sometime.
There arose some problems between Kishenlal and Kiran and Kishenlal terminated Kiran's
employment. Kiran continued to procure coffee even thereafter and he disappeared with the coffee
so procured. The coffee growers filed a suit against Kishenlal claiming payment.

a) Kishenlal is not liable to pay since Kiran was not in his employment at the relevant period of time;

b) Kishenlal is liable, since the coffee growers did not have reason to disbelieve Kiran;

c) Kishelal is liable, since he failed to check Kiran from posing himself as the agent of Kishenlal.

(d) Kishenlal is not liable since he never directed Kiran to procure coffee.

Q.3 Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal
safety or others is said to have committed an offence.

Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is
studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for
the college as he woke up late in the morning. He got ready and was rushing to the college so that he
would not miss the class. He was riding the motor cycle at a speed of 140 km. per hour in Bangalore
city which was crowded. He was very good in riding the motorcycle. People who were using the road
got annoyed/scared with the way Mr. Mangeskar was riding the motorcycle.

(a) Mr. Mangeskar has committed an act of rash and negligent driving **

(b) Mr. Mangeskar is very good in driving so there is no need for others to be panicky about his driving

© Mr. Mangeskar is very studious student and he does not want to miss any class in the College.

(d) The Yamaha Motor Cycle is very good and it can be driven at great speed.
Q.4 Principle I: The State is liable for the act of its employees when the act is of private nature in the
same manner and under the same conditions as any other employer. The

Principle II: State is not liable when the act is in the exercise of sovereign power or in performance of
an act of State.

Facts: An army truck driven by a military driver'A' was proceeding on duty to check the army men on
duty at different military posts. The truck hit a civilian Vand caused material injury. The fact showed
that the injury was caused due to rash and negligent driving by the military driver 'A'. The injured
civilian 'B' brought a suit in tort against the Union of India. The suit:

A) succeeded on the principle of qui facit per alium facit per se (he who does an act through another
is deemed to do it himself

B) succeeded on the master and servant relationship between the Union of India and the military
driver.

C) failed because the Union of India did not ratify the rash and negligent driving.

D) failed because the incident occurred in the course of discharge of sovereign functions of the State.

Q.5 Principle: Even if the sovereign functions of the State are discharged negligently the State is not
vicariously liable in tort.

Facts: A was a trader in gold. There he was arrested by Police and was detained in the police lock up
after search. The gold with him along with sundry other things were seized. Later he was discharged.
His possessions seized by the police were returned. He moved against the State in tort. In the words
of Supreme Court “there can be no escape from the conclusion that the Police Officers were negligent
in dealing with property after it was seized." One of the Constables was a Muslim. He fled with gold
to Pakistan.

A) 'A' succeeded because the servants of the State were negligent and thus caused injury.

B) A failed because the Constable who seized the gold had fled to Pakistan and the gold was not with
the State at all.

C) A failed because the acts of search and seizure by the Police Officer were part of the sovereign
functions of the State.

D) There was some other relief given to 'A'.

Q.6 Facts: Deepali was a daily wage labourer in New Delhi. She and her husband Ram Sarup were
working on a construction project in Gurgaon when she got pregnant. As a result she was not able to
go to work. When she was in labour, Ram Sarup took her to Sri Ram Government Hospital in New Delhi
for delivery of their child. In the hospital, Deepali was not given proper treatment and she as a result
her child was still born. It turned out that the Government doctors who were supposed to deliver the
child were busy having tea while Deepali was in labour. Arun Mishra is a social worker and when he
got to know of this tragedy, he filed a writ petition before the Delhi High Court, alleging violation of
life and personal liberty of Deepali by Sir Ram Government Hospital and sought compensation on their
behalf. Can he succeed?

Principle: No person shall be deprived of his life and personal liberty except according to procedure
established by law.
Explanation: Life and personal liberty are protected against violation by State. State includes
Government or Governmental Authorities or authorities and bodies that are directly or indirectly
under the control of Government.

In case of such violation, the aggrieved person has the right to claim compensation from the State
Procedure established by law means-

there should be a law

it should establish a procedure

such procedure must be just, fair and reasonable

(a) Yes he can as doctors are supposed to attend patients when they need them and no chat around
having tea.

(b) Yes he can as Government Hospital doctors had a prima facie responsibility to attend to Deepali as
she was in labour

(c) No he cannot as it is the doctors who are responsible for this act and not the State run Government
Hospital and only doctors and not the State can be held liable to pay compensation

(d) Yes he can as the Government Hospital is State and life and personal liberty are protected against
State action.

Q.7 Facts: Ronny was a member of a criminal gang that was notorious for kidnapping and ransom. One
day the police laid down a trap and Ronny was arrested. In the police station Inspector Chulbul Pande
beated him black and blue left, right and centre. To save his life Ronny confessed to all the crimes that
he had committed and even to those that he had not committed. Based on the confession the court
convicted Ronny. Now, he challenged his conviction before the State High Court on the ground that
his confession was forced. Will he succeed?

Principle: No person accused of any offence shall be compelled to be a witness against himself.

Explanation: Any person who is accused of an offence cannot be induced of forced to confess a crime
and if he or she is indeed forced to confess, such confession is of no value in the eyes of law.

(a) Ronny will succeed because Inspector Chulbul Pande is known for giving his prisoners third degree

(b) Ronny will succeed because the confession on which his conviction is based was forced out of him
against his will by use of force by the police.

(c) Ronny will succeed because there is no evidence that he has actually committed any kidnapping
and has demanded any ranson

(d) Ronny will fail because Inspector Chulbul Pande is a very popular and honest police officer

Q.8 PRINCIPLE: An employer is responsible for the acts of his employees in the course of employment.

FACTS: Raja owns a restaurant in Chandni Chowk, and Rani is employed in his restaurant as the head
chef. She has worked in his restaurant “Raja ki Baraat” for more than a year, and is on friendly terms
with the owner. On a day when there are fewer customers, Rani asks for a day’s leave to visit her
mother, and asks Raja if she could borrow his car for the day. Raja sees no harm and happily agrees.

Now, it’s been more than a year since Rani drove a car, and her driving skills have become pretty rusty.
On the way to her mother’s place in Vasant Vihar, she loses control of the car, and has an accident,
thereby killing one and severely injuring two others. The injured persons lodge a complaint against
Rani and claim that Raja should be held vicariously liable too. Decide.

(a) Both Raja and Rani should be held liable

(b) Only Raja should be held liable, since he is the employer and hence, vicariously liable

(c) Only Rani should be held liable, since it was entirely her fault

(d) Neither Raja nor Rani should be held liable-the pedestrians should have been more careful

Q.9 Principle: All agreements are contracts if they are made by the free consent of the parties to the
contract.

If a person was forced to give his consent as a result of use of illegitimate force, the consent is said to
be obtained by coercion and is not considered free consent.

Explanation: IIIegitimate force means doing or threatening to do any act contrary to the law.

Facts: One day Shiney was taking sneak peeks at Chameli while she was taking a shower. Shiney was
actor and had been casted by Chameli’s husband Ram G. Sharma in five of his big budget movies.
Chameli threatened Shiney that if he does not move out of his husband’s movies on his own, she’ll file
a police case against her for outraging the modesty of a femal. Shiney accepted but later went to court
alleging coercion. What should be the decision?

Shiney can win because clearly he was forced to accept the contract against his will by Chameli who
blackmailed him into accepting the new offer

Shiney can win because Chameli has blackmailed him into accepting this offer and blackmailing is
clearly against the law

Chameli can win because Shiney was committing a reprehensible act and must be punished for his
indiscretion

Chameli can win because the law does not prohibit filing a criminal/police case against anyone. Thus,
the consent cannot be said to be hit by coercion.

Q.10 Principle: When a person signs an agreement under undue influence from another person who
has threatened to harm the person, property or reputation of the first person ar someone closely
related to him, the agreement so signed is not enforceable.

Explanation: Undue influence includes anything that forces a person to do something.

Facts: Saumya is very keen on purchasing a plot of land owned by Bhanu. When all her attempts to
convince Bhanu to sell the plot fail, she threatens to institute a case against her illegal theft of
electricity. Bhanu had been clandestinely tapping power off an electricity line for use in her flour-mill.
Bhanu signs an agreement to sell the plot of land to Saumya at a price 25% above the market price
but later he seeks to get the agreement annulled citing undue influence.

The agreement must not be annulled since Bhanu was indeed guilty of theft of electricity

The agreement must be annulled since Bhanu signed it under undue influence

The agreement must be annulled since Bhanu’s consent was vitiated by duress
The agreement must not be annulled since Bhanu has fact gained from the same.

Q.11 Principle: Fraud is constituted by wilful expression of an untruthful statement for personal gain.

Explanation: To constitute fraud, there must be an overt step taken to mislead a person.

Facts: Wishing to make a fortune, Manny decided that only the ends matter in his pursuit of success.
He was willing to go to any extent to achieve the same while climbing the ladder of success, He was
once asked by Tina whether Bonny had paid the money which he was supposed to pay to him. The
question got lost in conversation and Tina, without asking any further questions, deposited the money
in Manny’s account, as she owed the money jointly with Bonny to Manny. In a case filed by Tina against
Manny accusing him of fraud,

Tina will succeed, as there was clear fraud on the part of Manny

Tina will not succeed, as the elements of fraud are not fulfilled

Tina will succeed as Manny had taken the money previously from Bonny

Tina will not succeed as the has not been defrauded, and the fault lies with Bonny for not establishing
clear communication links with Tina.

Q.12 Assertion - (A) In a criminal trial, the accused and the defendent mean the same thing.

Reason - (R) It depends which way you look, for the prosecution a person is accused, for the person,
he is defendent against the accusation.

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

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

(c) A is true, R is false

(d) A is false, R is true

Q.13 ASSERTION: We, the people of India, having solemnly resolved to constitute India into a
Democratic Republic.

REASON: A republic will ensure we have a head of state that is democratically elected and accountable
to voters. As a result the head of state will be a more effective constitutional safeguard.

(a) Both A and R are individually true and R is correct explanation to A

(b) Both A and R are individually true but R is not correct explanation of A

(c) A is true but R is false

(d) A is false but R is true

Q.14 How many special courts will be set up to exclusively deal with cases against lawmakers?

a) 12

b) 15

c) 18

d) 20
Q.15 The first Indian Judge in the International Court of Justice was

(A) Justice B.P. Jeevan Reddy

(B) Justice R.S. Pathak

(C) Dr. Nagendra Singh

(D) Sir Senegal Rau

Q.16 Identify the correct statement:

(a) Federalism implies a system of government which embodies a division of powers between a central
and a number of regional authorities

(b) Federalism implies a system of government which embodies a division of powers between
Legislature, Executive and Judiciary

(c) Federalism implies a system of Government which embodies Parliamentary supremacy

(d) None of these.

Q.17 The Supreme Court on 9 January 2017 ruled that playing the national anthem before screening
movies in cinema halls is not mandatory. A 12-member inter-ministerial committee had been set up
to suggest changes in which of the following act?

(a) The Prevention of Insults to National Honour Act, 1971

(b) The Prevention of Insults to National Anthem Act, 1971

(c) The Prevention of Insults to Constitutional Machinery, 1971

(d) None of these

Q.18 Who has become the first woman lawyer to be directly promoted as a judge of the Supreme
Court (SC)?

[A] Roma Joseph

[B] Sudha Misra

[C] Meenakshi Arora

[D] Indu Malhotra

Q.19 The Supreme Court of India on 8 January 2018 stayed the order of which High Court, which
overturned the 2014 government regulation that packets of tobacco products must carry pictorial
warning covering 85 per cent of the packaging space?

(a) Madras High Court

(b) Gujarat High Court

(C) Allahabad High Court

(d) Karnataka High Court

Q.20 The Supreme Court on 4 January 2018 ruled that the rights of a child are absolutely sacred and
a child cannot be bartered away at the whim and fancy of the in-charge of orphanages. The person
concerned may be liable for violation of human rights. The supreme Court ruled this while hearing a
plea filed by National Commission for Protection of Child Rights (NCPCR). Who is the current chairman
of this commission?

[A]Stuti Narain Kacker

[B]Varuna Bharghava

[C]Chandra Premalatha Singh

[D]Kushal Singh Kapoor

Q.21 Union Law Minister Ravi Shankar Prasad passed the Muslim Women (Protection of Rights on
Marriage) Bill, 2017. The Bill criminalises the practice of instant triple talaq among Muslims. It makes
declaration of talaq a ………………………………..

(a) Cognizable and Non-bailable offence

(b) Non-Cognizable and Non-bailable offence

(c) Non-Cognizable and bailable offence

(d) Cognizable and bailable offence

Q.22 The Supreme Court of India on 30 November 2017 issued a string of directions and asked all the
states and Union Territories to set up a trauma centre in each district of the country and make safety
norms a part of the school curriculum. This direction has been given in context of which sector?

(a) Health

(b) Environment

(c) Road Safety

(d) Human Rights

Q.23 Which Indian state has become the first one to pass a bill awarding death to those found guilty
of raping girls aged 12 and below?

a) Kerala

b) Uttar Pradesh

c) West Bengal

d) Madhya Pradesh

Q.24 Which country recently passed same-sex marriage bill?

a) South Africa

b) USA

c) Australia

d) Liberia

Q.25 The first-regular adjudicatory mobile court in the country has been inaugurated at Punbanna
village in
(a) Haryana

(b) Bihar

(c) Andhra Pradesh

(d) Punjab.

Q.26 “What cannot be done directly cannot be done indirectly”. This statement epitomises the
doctrine of

(a) pith and substance

(b) implied powers

(c) ancillary powers

(d) colourable legislation.

Q.27 In India, women were allowed to contest election and to public offices for the first time in

(a) 1909

(b) 1919

(c) 1935

(d) 1926

Q.28 Scheduled Castes and Scheduled Tribes

a) have been specified by the Presidential Orders issued in consultation with the Governors of the
respective States

b) have been specified in the Constitution by the Constitution makers in the form of a Schedule

c) have to be specified and notified by the Parliament after detailed discussions about the backward
nature of these people

d) are the Castes and Tribes notified by the State Government after detailed discussion as to their
socio-economic conditions.

Q.29 Under Indian constitution president can impose the Central Rule upon a State,

(a) if the State government loses majority

(b) if the Chief Minister indulges in corrupt practices

(c)if the State Government cannot be carried on in accordance with the Constitution

(d) none of the above.

Q.30 The doctrine of Separation of power signifies

(a) division of power between Centre and State governments;

(b) distribution of governmental power between branches of government;.

(c) providing for judicial supremacy;

(d) decentralisation of power.

Q.31 The financial emergency under Article 360 of the Indian Constitution has been imposed

(a) Three times (b) Twice (c) . Once (d) None

Q.32 The High Courts in India were first started at

a) Bombay, Madras and Calcutta b) Delhi and Calcutta

c) Madras and Bombay d) Bombay, Delhi and Madras

Q.33 The first Industrial Policy Resolution was adopted by the Government of India in

(a) 1947(b) 1948

(c) 1949 (d) 1951

Q.34 The first woman judge of International court of Justice

(a) Vijayalakshmi Pandit (b) Asma Jehangir

(c) Rosalyn Higgins (d) Elenon Roosevelt

Q.35 The Indian National Bar Association (INBA) recently organised the ‘Bar Leadership Summit on
Reforms in the Indian Legal Sector’ in New Delhi. Which of these were not the major focus area of this
summit?

1. The conduct of arbitration in India and Alternative Dispute resolution (ADR)

2. The reforms in the Indian legal regulatory sector and privatization of ADR

3. The liberalization of Indian legal services

A. Only 1

B. Only 2

C. Only 3

D. Only 1 and 3

ANS: B