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Legal Aptitude Quiz-8



Dear Readers,

Legal Aptitude is an important subject in CLAT,DULLB & Other Law Exams. In any of law exam, legal aptitude carries weightage of 25 % of questions. With focused practice good marks can be fetched from this section. These questions are very important in achieving your success in CLAT, DULLB and Other Law Exams..

Q1.   Which of the following writs can be used against a person believed to be holding a public office he is not entitled to hold?
  •  Mandamus
  •  Quo Warranto
  •  Habaes Corpus
  •  Certiorari
Solution
Quo warranto (Latin for “by what warrant?”) is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

Q2.   Which of the following is the oldest High Court in India?
  •  High Court of Madras
  •  High Court of Calcutta
  •  High Court of Delhi
  •  High Court of Allahabad
Solution
The High Court at Calcutta, formerly known as the High Court of Judicature at Fort William, was brought into existence by the Letters Patent dated 14th May, 1862, issued under the High Court’s Act, 1861, which provided that the jurisdiction and powers of the High Court were to be defined by Letters Patent. The High Court of Judicature at Fort William was formally opened on 1st July, 1862, with Sir Barnes Peacock as its first Chief Justice.

Q3.  Which of the following is the the defence available for  Absolute Liability?
  •  Volenti Non Fit Injuria
  •  Res Ipsa Loquitor
  •  Res Ipsa Loquitor
  •  None of the above
Solution
Absolute liability is a tortuous liability. Absolute liability can be imposed on a person even without proof of the person’s negligence. Under absolute liability there are no defences available to the plaintiff

Q4. By which amendment was the concept of Anti- Defection law included in the Constitution of India?
  •  42nd Amendment
  •  44th Amendment
  •  52nd Amendment
  •  60th  Amendment
Solution
By 52nd Amendment, 1985 the concept of Anti Defection was introduced in the tenth schedule of the Constitution

Q5. The Public Accounts Committee formed every year cannot have more than ..................... number of members.
  •  23
  •  22
  •  15
  •  25
Solution
 The Public Accounts Committee (PAC) is a committee of selected members of Parliament, constituted by the Parliament of India, for the auditing of the expenditure of the Government of India. The PAC is formed every year with a strength of not more than 22 members of which 15 are from Lok Sabha and 7 from Rajya Sabha. The term of office of the members is one year. The Chairman is appointed by the Speaker of Lok Sabha.

Q6. If you are buying ration at a shop and the shopkeeper weighs less than the stipulated amount then you can approach a:
  •  Civil Court
  •  District Court
  • Consumer Court
  •  Tribunal
Solution
Consumer Court is the special purpose court that deals with cases regarding consumer disputes and grievances. Its main function is to preserve consumer rights and maintain the fair practices by the sellers towards consumers. Consumers can file a case against a seller if they are harassed or exploited by sellers

Q7. The case of Mohd. Ahmed Khan vs. Shah Bano Begum & Ors. is related to:
  •  Muslim woman’s right to divorce
  •  Muslim woman’s right to maintenance after divorce
  •  Muslim woman’s right to separation
  •  Muslim woman’s right to husband’s property
Solution
Mohd. Ahmed Khan vs. Shah Bano Begum & Ors is a landmark judgment on Muslim woman’s right to maintenance after divorce

Q8. The essential ingredients of crime are:
  •  Motive, mens rea and actus reus
  •  Motive, intention and knowledge
  •  Mens rea and actus reus
  •  Knowledge, intention and action
Solution
Actus reus sometimes called the external element or the objective element of a crime, is the Latin term for the “guilty act” which, when proved beyond a reasonable doubt in combination with the mens rea, “guilty mind”, produces criminal liability

Q9. Which of the following cases relates to the recognition or aid to minority institutions?
  •  TMA Pai Foundation v/s. State of Karnataka
  •  D. K. Basu v/s. Union Of India
  •  Vishaka v/s State of Rajasthan
  •  R.S. Nayak v/s Antulay
Solution
TMA Pai Foundation v/s. State of Karnataka is a case relating to the recognition or aid to minority institutions.

Q10. Which of the following writs can be issued to force a public authority to perform a public or statutory duty?
  •  Mandamus
  •  Habeas Corpus
  •  Certiorari
  •  Certiorari
Solution
Mandamus [Latin, We comand] is a writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, Municipal- Corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.

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