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Law UGC NTA NET JRF Previous Year Papers December 2012 PAPER-II

Law UGC NTA NET JRF Previous Year Papers December 2012 PAPER-II

1. The words ‘Socialist’ and ‘Secular’ were inserted in the Preamble by
A. 1st Amendment of the Constitution
B. 24th Amendment of the Constitution
C. 44th Amendment of the Constitution
D. 42nd Amendment of the Constitution
ANS: D

2. The expression ‘minority’ in Article 30 of the Constitution of India means any community which is
A. Less than 50% of the population of a particular State as a whole
B. Less than 40% of the population of a particular State as a whole
C. It is determined on the basis of the entire population of the country
D. It is determined on the basis of Census
ANS: A

3. A writ of certiorari can be issued Against
A. A Lower Court/Tribunal to prevent it from proceeding further.
B. Parliament to stop the proceedings taking place in the House.
C. Lower Courts to remit all the documents to the writ court for verification.
D. To give direction to the executive to perform their duties.
ANS: A

4. Which one of the following authorities is competent to seek the advisory opinion of the Supreme Court of India?
A. The Parliament of India
B. The Governor of a State
C. The Council of Ministers
D. The President of India
ANS: D

5. The Supreme Court observed that, Parliamentary privileges are not subject to Fundamental Rights in
A. Ganapati Reddy V. Nafisul Hasan
B. M.S.M. Sharma V. Sri Krishna Sinha
C. Keshav Singh V. The Speaker, UP
D. S.P. Mittal V. Union of India
ANS: B

6. Article 360 of the Constitution of India relates to
A. Ordinance making power
B. Amendment
C. Election Commission
D. Financial Emergency
ANS: D

7. ‘Rights spring from Right’ said by
A. Allen B. Kelsen
C. Salmond D. Hart
ANS: A

8. ‘Natural law’ theory may be broadly divided into
A. Five Classes B. Four Classes
C. Three Classes D. Two Classes
ANS: B

9. ‘Social Solidarity’ principle was propounded by
A. Maine B. Duguit
C. Austin D. Bodin
ANS: B

10. ‘Vienna School’ of law is known as
A. ‘Systematic Theory of Law’
B. ‘Private Theory of Law’
C. ‘Pure Theory of Law’
D. ‘Old Theory of Law’
ANS: C

11. Expiatory Theory of Punishment is linked with the following
A. Preventive Theory
B. Reformative Theory
C. Retributive Theory
D. Deterrent Theory
ANS: C

12. The physical element of possession is also called as
A. Ratio decidendi
B. Corpus decidendi
C. Corpus possidendi
D. Animus possidendi
ANS: C

13. In which of the following cases the Court said that the distinction between de facto and de jure recognition is political, rather than legal?
A. The S.S. Christina Case
B. The Arantraju Mendi Case
C. The Tinaco Arbitration Case
D. Mighell V. Sultan of Jahore
ANS: C

14. Which of the following are essential elements of a valid international custom?
1. Constant and uniform State practice
2. Generality of practice
3. Jus cogens
4. Opinio juris
Codes:
A. 1 alone B. 3 and 4
C. 1, 2 and 4 D. 1, 2, 3 and 4
ANS: D

15. Match List-I with List-II using the codes given below:
List-I List-II
(Theme) (Judicial decisions)
(a) International custom 1. The Visaka Case
(b) Human rights 2. Indian Gramophone
Co. Case
(c) United Nations 3. The S.S. Lotus Case
(d) Status of international law in India 4. The Reparations Case
Codes:
(a) (b) (c) (d)
A. 2 4 1 3
B. 3 1 4 2
C. 3 2 4 1
D. 1 4 2 3
ANS: B

16. Assertion (A) : General principles of law recognized by civilized nations enable the International Court to develop rules of International Law.
Reason (R) : The meaning and scope of general principles of law are unclear.

Codes :
A. Both (A) and (R) are correct and (R) is the correct explanation of (A).
B. Both (A) and (R) are correct, 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.
ANS: B

17. In the S.S. Lotus case the permanent Court of International Justice held that in the case of collision of two foreign ships.
A. France has jurisdiction
B. Turkey has jurisdiction
C. European Unity has jurisdiction
D. Assembly of the League of Nations has jurisdiction
ANS: B

18. Consider the following judicial decisions:
(1) Luther V. Sagar
(2) S.S. Lotus Case
(3) Mavro-mmatis Palestine Concessions Case
(4) Morhensen V. Peters The chronological order in which these decisions were delivered:
Codes:
A. 4, 3, 1 and 2 B. 2, 4, 1 and 3
C. 2, 3, 4 and 1 D. 1, 2, 3 and 4 Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation:
ANS: A

19. Assertion (A) : Sapinda relationship extends upto five degrees on the paternal side and three degrees on the maternal side.
Reason (R) : Rules relating to Sapinda relationship are based on principle of exogamy.
Codes:
A. (A) is correct, (R) is false.
B. Both (A) and (R) are correct.
C. (R) is correct, but (A) is wrong.
D. Neither (A) nor (R) is correct.
ANS: B

20. A Muslim man cannot marry
A. a Jew
B. a Christian
C. an idolatress or a fire worshipper
D. both A and B
ANS: C

21. Guilt Theory of Divorce implies
A. Both parties to the marriage to be guilty.
B. One guilty party and other party to be innocent.
C. Both A and B
D. Neither A nor B
ANS: B

22. Adoption of children is recognised under the
A. Muslim Law B. Parsi Law
C. Hindu Law D. Christian Law
ANS: C

23. A Hindu wife is not entitled to separate residence and maintenance from her husband if she
A. ceases to be a Hindu by conversion
B. is unchaste
C. either A or B
D. neither A nor B
ANS: C

24. The Hindu Marriage Act, 1955 recognises ______ as a ground of divorce.
A. actual desertion
B. constructive desertion
C. only A and not B
D. both A and B
ANS: D

25. An agreement to do an impossible act is
A. void B. voidable
C. valid D. unenforceable
ANS: A

26. In a minor’s agreement
A. Minor cannot be estopped from pleading his minority
B. Contract is void
C. Minor is estopped from pleading his minority
D. Both A and B are right
ANS: D

27. Section 73 of the Indian Contract Act applies to
A. for sale of moveable property
B. for sale of immoveable property
C. both A and B
D. None of the above
ANS: C

28. A Wagering Contract is void under
A. Section 28 B. Section 29
C. Section 30 D. Section 31
ANS: C

29. The age of majority for the purpose of Contract Act is
A. 21 years for boys and girls
B. 18 years for boys and girls
C. 21 years for girls
D. 20 years for boys
ANS: B

30. When a contract provides for a specified sum in case of breach
A. it prescribes the minimum liability
B. it prescribes the maximum limit of liability
C. it prescribes neither the minimum nor the maximum extent of liability
D. None of the above
ANS: B

31. “Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do.” Who said this?
A. Salmond
B. Winfield
C. Clerk and Lindsell
D. Aldersen
ANS: D

32. While X with a package was trying to board a running train, the railway guard tried to help him and pushed him inside a compartment but the package fell and rolled down on the railway track causing an explosion (as package contained fire works), and a splinter hit Y who was some ten feet away, injuring him. Y sued the railway company for the negligence of the railway guard.
A. Railway company is liable.
B. For the injury received by Y, the railway company is not liable as the railway company owed no duty to Y.
C. The injury to Y is too remote a matter for which railway company cannot be liable.
D. The railway company owed a duty to the general public that its employees will not act negligently.
ANS: D

33. Schedule IX was inserted in the Constitution of India by
A. 1st amendment 1951
B. 42nd amendment 1976
C. 44th amendment 1978
D. 52nd amendment 1985
ANS: A

34. Following are good defences to an action in torts :
(i) Volunti non fit injuria
(ii) Scienti non fit injuria
(iii) Vis major Choose the correct answer by using the codes given below:
A. (i), (ii) B. (ii), (iii)
C. (i), (iii) D. (iii) only
ANS: C

35. The propounder of “Pigeon-hole Theory” is
A. Salmond B. Austin
C. Winfield D. Clerk & Lindsell
ANS: A

36. Match List-I with List-II and select the correct answer using the codes given below the lists:
List-I List-II
I. Damnum sine injuria (a) Ashby Vs. White
II. Absolute liability (b) Gloucester Grammar School case
III. Injuria sine damno (c) Stanley Vs. Powell
IV. Inevitable accident
(d) Rylands Vs. Fletcher
Codes:
I II III IV
A. (b) (d) (a) (c)
B. (a) (c) (d) (b)
C. (c) (a) (b) (d)
D. (d) (b) (c) (a)
ANS: A

37. To find mens rea it is necessary that there must exist
A. The act was intended
B. There must be a resultant consequence
C. The act of causing injury to another
D. The knowledge of existence of facts
ANS: A

38. Whether the doctrine of ‘Common Employment’ is applied in India
A. Yes B. No
C. Partly applied D. All are incorrect
ANS: C

39. In which of the acts of prostitution it becomes a public nuisance?
A. The act is carried on in a hidden manner.
B. The act has resulted with an injury to an individual.
C. It must be a case of bare solicitation of customers in a public place.
D. None of the above
ANS: C

40. Liability for culpable homicide can be fixed if death is caused by effect of words
A. If it results in excitement.
B. If the anticipated consequence becomes the result.
C. By the absence of avoidability to suffer from lingering torture.
D. All of the above
ANS: D

41. For the offence of wrongful confinement there must be circumscribing limits which may be
A. Large or narrow boundary
B. Visible or tangible area
C. Movable or fixed territory
D. All of them
ANS: D

42. Enticing a minor girl amounts to
A. Kidnapping
B. Abduction
C. Absence from free consent
D. None of the above
ANS: A

43. Which of the following cases is relating to unfair labour practices?
A. Regional Manager, SBI V. Rakesh Kumar Tiwari
B. Central Bank of India V. Workmen
C. Hindustan Motors Ltd. V. Tapan Kumar
D. Textile Labour Union V. State of Rajasthan
ANS: A

44. Assertion (A) : Participation in illegal strike is punishable.
Reason (R) : Right to go on strike is not a Fundamental Right.
Codes:
A. Both (A) and (R) are true and (R) is correct explanation.
B. Both (A) and (R) are true, but (R) is not correct explanation.
C. (A) is true, but (R) is false.
D. (A) is false, but (R) is true.
ANS: A

45. Under which Section of the Industrial Disputes Act, an individual dispute is deemed to be industrial dispute?
A. Section 2 B. Section 2A
C. Section 3 D. Section 5
ANS: B

46. Registration of Trade Union may be cancelled by the Registrar of Trade Union, when
A. Leaders of Union are not working well
B. Registration Certificate has been obtained by fraud
C. Members of Union do not take interest in Union activities
D. Employer does not want registered Union

ANS: B

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