Legal Aptitude

LEGAL APTITUDE
1. Principle: (1) An employer is liable for the acts of the employee within the course of employment.
(2) Negligence is constituted by breach of duty owed, leading to foreseeable damage.
Facts: Sona and Chandi were going to the market in Chandis car. Due to the negligence of Heera, the
driver, there was car crash. However, miraculously Sona did not suffer from any physical injury but it
resulted in psychiatric injury (chronic fatigue syndrome). Sona sued Chandi for damages.
i. Chandi will be liable as Heera was his employee.
ii. Chandi will be liable because the injury caused to Sona was foreseeable.
iii. Chandi will not be liable because the injury caused to Sona was not foreseeable.
iv. Chandi will not be liable as Heera was not his employee.
a. i, ii
b. i, iii
c. iii, iv
d. i, iii
2. Principle: The doctor has a duty to inform the patient of all medically reasonable alternatives and their
risks.
Facts: Pushp Lata, an elderly woman fell and broke her hip. Her physician, Dr. Amit, prescribed bed rest
without informing her of an alternative of surgery, as the doctor didn't feel that surgery was the best
choice. Her situation deteriorated and when she went to another physician, Dr. Sumit, he told her that she
should have been operated in the beginning itself to avoid the injury form reaching such a stage. Pushp
Lata sued Dr. Amit for the damage suffered by her.
a. Pushp Lata will succeed because the doctor did not inform her of the alternative of surgery.
b. Pushp Lata will succeed because she suffered due to the doctors wrongful diagnosis.
c. Pushp Lata will succeed because she was an elderly lady and completely dependent on her doctor
for treatment.
d. Pushp Lata will not succeed because the doctor under a bonafide belief did not inform about the
alternative of surgery.
3. Principle: A person is liable for all the foreseeable consequences of his acts.
Facts: Muroc gave a misleadingly good recommendation for Gadams, who had been charged before of
sexual misconduct. On the basis of the recommendation Gadams was hired by Livingston School District as
a vice-principal and then molested Cinthia. Cinthia became aware that Gadam was appointed on Murocs
recommendation and sued Muroc for providing a misleading recommendation.
a. Muroc will not be held liable as though the recommendation contained an affirmative
misrepresentation but it did not present a foreseeable and substantial risk of physical harm to a
third person.
b. Muroc will be held liable as the recommendation contained an affirmative misrepresentation
presenting a foreseeable and substantial risk of physical harm to a third person.
c. Muroc will be held liable as Gadam had been appointed on his recommendation.
d. Muroc will be held liable as the harm suffered by Cinthia was foreseeable.
4. Principle: Master is liable for all the acts of his servant within the course of employment.
Facts: Gajraj, Himeshs driver was responsible for dropping and bringing his son, Nimesh, back from
school. One day when Gajraj reached the school he saw Nimesh being beaten up by another boy from his
school, Nitesh. Gajraj intervened in order to save Himesh and managed to separate the two boys. Just as
Gajraj was leaving with Nimesh, Nitesh abused loudly, Gajraj turned around and punched Nitesh across his
face. Niteshs parents filed a suit for commission of battery and sought to recover the damages from
Himesh.
a.
b.
c.
d.

Himesh
Himesh
Himesh
Himesh

will
will
will
will

be liable as Gajraj acted in order to save Nimesh.

not be liable as Gajraj acted in private defence.
be liable as ensuring Nimeshs safety was within his course of employment.
not be liable as Gajrajs act was outside his course of employment.

5. Principle: If the negligence is of the type that causes the harm, the defendant has the burden of proof
to show the negligence did not cause the harm.
Facts: Dora contacted typhoid fever at the same time the city water supplier accidentally mixed good
water with waste water. Dora only drank tap water from Aikiya Water Supply Co., and there was an
increase in cases of typhoid fever in that area at that time. Doctors declared contaminated water to be the
primary carrier of typhoid bacillus, but there are other carriers and even unknown causes of typhoid fever.
a. Dora will have to prove that she suffered typhoid due to drinking water supplied by Aikiya Water
Supply Co.
b. Dora will succeed as it is clear from the facts that she suffered due to drinking water supplied by
Aikiya Water Supply Co.
c. Dora will lose as there are various other carriers of the virus causing typhoid.

Legal Aptitude
d. Dora will not have to prove negligence on the part of Aikiya Water Supply Co. but, they will have to
disprove the presumption of negligence.
6. Principle: Volenti non fit injuria implies that the person is not allowed to complain if he voluntarily
agrees to suffer harm.
Facts: Prince rode a ride called the "Flopper" at an amusement park. The ride, a belt on an incline, was
meant to move and cause participants to fall down. A sudden jerk caused Prince to fall down, and he
fractured a knee cap. Prince sued the amusement park owners for the injury caused to them.
a. Amusement park cannot be held liable because it is normal to suffer injury in an amusement park.
b. Amusement park cannot be held liable for a fall from a jerk, as there was an implied assumption of
risk due to the very nature of the ride.
c. Amusement park can be held liable because Prince did not consent to suffering a broken knee
because of a ride in the park.
d. Amusement park can be held liable because he fell down due to a sudden jerk during the ride which
was inherently unsafe and too dangerous to be continued without change.
7. Principle: The wrong of battery consists in intentional application of force to another without lawful
justification.
Facts: Ten year old Brian Daily was at Ruth Garratt's home, her back yard. Before Ruth sat down, Brian
pulled a chair over and sat in it himself. Realizing she was going to sit down, he got up and tried to put the
chair back, but he wasn't quick enough and she fell and broke her hip. Ruth filed a suit for the injury
suffered by her.
a. Brian will not be liable as he had no willful or unlawful intent in moving the chair to injure Ruth.
b. Brian will be liable as he had intent to cause bodily harm because he knew that she would fall down
if he removes the chair.
c. Brian will not be liable as he was a minor and a minor cannot have any intention.
d. Brian will not be liable as he was infact trying to help Ruth by keeping the chair back.
8. Principle: False imprisonment is the unlawful restraint of an individual's personal liberty or freedom of
locomotion against the person's will.
Facts: Lopez had worked as a clerk in defendant donut shop for three years. One day employees of the
donut shop called her into the store, called her into a room, locked the door, and accused her of stealing.
They claimed they had proof in a briefcase, but would not show her. Lopez remained in the room and
protested to try to clear her reputation, but got up and left when the employees asked how long she had
been shorting the cash. Was Lopez falsely imprisoned?
a. Yes, as she was confined against her will.
b. No, as the restraint was not unlawful.
c. No, as the restraint as not total.
d. No, as the restraint was not against her will.
9. Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to
cause harm or done with reckless disregard.
Facts: In a storm Patterson moored his boat at a dock on James private island. James servant, protecting
the dock, cut loose the boat which then suffered damage by the storm. Patterson and his family were also
injured. Would James be liable for the loss suffered by Patterson and his family?
a. No, James would not be liable for the loss suffered by Patterson and his family as Patterson was a
trespasser.
b. Yes, James would be liable because Patterson had a privilege out of necessity to use the
defendant's property.
c. Yes, James would be liable because his servant had acted with reckless disregard.
d. Both b & c.
10. Principle: If a statement is substantially true then it would not amount to defamation.
Facts: Monday Times, a national daily reported that Smith had been charged with assaulting someone
between 30 and 55 times, but in reality he had only been convicted of the crime eight times. Smith sued
the newspaper for defamation.
a. The report was substantially true to warrant the fair report privilege.
b. The report was substantially untrue hence, did not warrant the fair report privilege.
c. The report was true to warrant the fair report privilege.
d. The report was substantially true to warrant the fair report privilege as greater than a certain
number the actual number of assaults would make little difference to the public.
11. Principle: The court will apply the law of the forum (lex fori) to all procedural relief and the law of
domicile (lex domicilii) to all substantive relief.

Legal Aptitude
Facts: Praful and Maneka got married in India according to Hindu rites. After ten years of their marriage as
the marital relations between the two started deteriorating, they decide to go for a month long vacation to
Turkey. Within a week of reaching Turkey Praful fell in love with Nafeesa and married her. Maneka filed for
divorce in the court in Turkey on the ground of bigamy. Praful opposed the divorce on the ground that
bigamy is allowed according to laws of Turkey. Will Maneka succeed?
a. Maneka will succeed as according to Indian laws bigamy is a ground for divorce.
b. Maneka will succeed as Indian laws would be applicable in determining the grounds for their
divorce.
c. Maneka will not succeed as the case is filed in Turkey and the laws of Turkey will apply.
d. Maneka will not succeed as bigamy is permitted according to laws in Turkey.
12. Principle: Copyright does not protect ideas or facts. It only protects the way ideas are expressed in a
particular creation.
Facts: John, a photographer takes a picture of the famous bridge over the River Kwai in Thailand. Inspired
by this picture, Sasha a budding photographer takes a series of photographs of the river scene. John filed a
case for infringement of copyright against Sasha.
a. There is no infringement of copyright as Johns original work is copyrighted, but not the bridge and
the river.
b. There is no infringement of copyright as John cannot prevent you from taking pictures of that same
bridge.
c. There is infringement of copyright as he has the right to prevent you from duplicating in any
manner his original picture.
d. There is infringement of copyright as Sasha was coping his picture by taking it through her camera.
13. Principle: The state should strive at achieving sustainable development.
Facts: The nuclear power plant, which the state is planning to establish near Kutch, in Gujrat has given
rise to tremendous controversies. The environmentalists are of the view that the project will jeopardise the
ecological balance in the area as it would lead to large scale deforestation amongst other concerns.
Further, the site for the project is claimed to be at a seismic prone area. At the same time, Gujrat is very
much short of power. A public interest litigation is filed by Community for Environment Justice, a NGO,
seeking a stay on the project. Which would be the most desirable course of action for the state?
a. The project should be stopped as it adversely affects the environment in the region.
b. The project should be allowed to continue as the region is in need of power.
c. The project should be allowed to continue but the location of the project should be changed to an
area which is not seismic prone.
d. The project should be undertaken in a manner so as to cause minimum ecological imbalance and
be relocated to a non-seismic prone area.
14. Principle: No court shall recognize any right to proceed against a son, grandson or great-grandson for
the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the
pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt.
Facts: Anand had the lost his father as a child and was raised by his grandfather, Rajaji. Rajaji died leaving
all his property and business in favour of Anand. A few months after his death it was discovered, that Rajaji
had taken a lot of loan from various people and mortgaged some of his properties for expanding his
business. The lenders now approached Anand for recovery of this money.
a. Anand will not be bound to pay this money as under Hindu law he is not bound to pay his
grandfathers debt.
b. Anand will be bound to pay this money as he has inherited all the property and business from his
grandfather.
c. Anand will not be bound to pay this money as there is no privity of contract between the lenders
and Anand.
d. Anand will be not bound to pay this money as there is merely a pious duty to pay his grandfathers
debt.
15. Principle: Limitation bars the remedy, not the right.
Facts: Brando lent Rs. 50,000/- to Marvin to be returned to him in the year1995. Brando filed a suit for
recovery of the money in the year 2000 however, as the limitation period for recovering the debt expired
in the year 1998 his claim was disallowed by the court. Thereafter, in the year 2005 Brando and Marvin
entered into an agreement under which Marvin was to supply stationary worth Rs. 1 lac to Brando. It was
agreed in the agreement that Brando will pay Rs. 50,000/- and the rest would be adjusted against the
money owed by Marvin to Brando. However, at the time of execution of the contract Marvin demanded the
payment of Rs. 1 lac stating that the earlier sum had become time barred. Decide.
a. The contract will be valid as Marvin had agreed to the amount in the agreement.
b. The contract will not be valid as the earlier sum had become time barred.

Legal Aptitude
c. The contract will be valid as Brandos interest had not expired with the expiry of the limitation
period.
d. The contract will not be valid as Brandos interest had expired with the expiry of the limitation
period
16. Principle: 1. A valuable consideration is consideration which has some value in the eyes of law.
2. A subsequent performance beyond the time in contemplation, where time is of the essence is breach
and may entitle the party damages.
Facts: The makers Bhavri Dant Manjan takes out an advertisement that with the purchase of every 100
gms. tooth powder pack they will get a 25gm pack of Sharmajis secret weight loss pills free in a
reasonable time. Prasad is attracted by both the products in the scheme and goes to Das stores where he
pays the price of 100 gm toothpowder pack. When Prasad demands the pills Das tells him that it is to be
obtained directly from the company as in the advertisement. When Prasad contacts Bhavri and Co, they
refuse to give the Pills stating that there was no consideration paid for the pills and thus was a unilateral
offer revocable at their choice. Decide
a. Bhavri and Co. will succeed because the consideration was paid only for the toothpaste, and not for
the pills as they were free, hence there was no valuable consideration paid for them
b. Prasad will succeed against Bhavri and Co. as the sale of the toothpowder is consideration enough
for both of them
c. Prasad will succeed Das stores as the seller of the good he should have procured the same from
Bhavri and Co.
d. None of the above.
17. Principle: 1.A valuable consideration is consideration which has some value in the eyes of law.
2. A subsequent performance beyond the time in contemplation, where time is of the essence is breach
and may entitle the party damages.
Rajnandini and Rajnalini are neighbors. Rajnalani is horticulturist and grows a wide variety of flowers and
often participates in various flower shows and exhibitions. The Darjeeling Rose Show is one of the biggest
events in its category and Rajnalini wants to participate in it. She shares the same information with
Rajnandini. Rajnandini is also an amateur gardener and gets very excited about the show details. She
informs Rajnalini that she is going to Darjeeling for the winter vacations and she would take her specimens
for display if Rajnalini helps her cultivate some entries for the show. Rajnalini agrees and helps develop
Rajnandinis specimens. Rajnandini leaves for Darjeeling but in between decides to take a short de-tour to
Kalimpong as a result that when she reaches Darjeeling, the exhibition is still going on and she is given
space to display it but both the entries are not allowed to participate in the competition as they arrived
late. Rajnalini wishes to sue Rajnandini for the breach of contract.
a. Rajnalini should succeed as there was valuable consideration paid.
b. Rajnalini will not succeed as though there was valid consideration, time was not of essence in the
contract.
c. Ranalini will not succeed as though even if the contract is one where time is of essence it was not a
contract as there was no mutual and valuable consideration.
d. Rajnalini should succeed as there was valuable consideration and the contract was such where
time was of essence
18. Principle: 1. Misrepresentation is innocent, while fraud is deliberate.
2. Mere silence is not fraud unless where silence amounts to speech or where there is duty to disclose.
Facts: Rajeev is a connoisseur of perfumes and goes to the local mall to buy his favorite perfume called
The Black and White Lawyer. The cover and bottle of the particular perfume is almost same as the
White and Black Skunk another perfume marketed by the same company in its lower range of perfumes.
The local supplier from whom the mall procured its supplies sometimes indulged in unethical practices and
had switched the Skunk with the lawyer perfume and supplied them to the mall. The mall employee
without opening the seal of the perfume sold the perfume to Rajeev. Later that evening, Rajeevs new
girlfriend noticed that Rajeev was not wearing the same perfume. Rajeev discovered he had been given
the wrong perfume and wants to return the perfume to the mall.
a. Rajeev can return the perfume as the mall employee is guilty of fraud
b. Rajeev can return the perfume as the mall employee committed misrepresentation.
c. Rajeev cannot return the perfume as he opened the bottle and used it.
d. Both (A) and (B)
19. Principle: 1. Misrepresentation is innocent, while fraud is deliberate.
2. Mere silence is not fraud unless where silence amounts to speech or where there is duty to disclose.
Facts: Kunal runs a restaurant called Maa da Dhaba. The Dhaba does an annual turnover of almost five
lakh rupees a year. Kunals friend Sameer wants to buy the Dhaba from Kunal. Kunal tells him all the
details about the Dhaba including the Dhabas turnover. Sameer tells Kunal that he trusts him completely
in all details. They enter into an agreement for sale to be executed a year later. In the meantime a new

Legal Aptitude
Dhaba named Naz Dhaba opens next door and the annual turnover of Maa da Dhaba drops to less than
one lakh a year. Kunal does not disclose this to Sameer. After Sameer takes over the Dhaba, he asserts
that Kunal committed fraud and wants to avoid the sale. Will he succeed?
a. Kunal will succeed but for misrepresentation not fraud
b. Kunal will succeed as this is fraud.
c. Kunal will not suceed as this is neither misrepresentation nor fraud.
d. Kunal will succeed as it is both misrepresentation and fraud.
20. Principle: A principal is liable for the acts of the agent in the course of agency.
Facts: Neha works for CLATpossible. CLATpossible has an agreement with students in various national law
schools to supply them legal reasoning questions against remuneration. Neha is the authorized agent to
procure the questions and deals with all such students on behalf of CLATpossible. This arrangement
continues for two years. After two years CLATpossible fires Neha but does not inform the students. The
students supply questions to Neha and she absconds with the questions. Is CLATpossible liable to pay for
the questions.
a. CLATpossible must pay for the questions as they did not take sufficient care to inform the students
that Neha was no longer their agent
b. CLATpossible and Neha must both pay jointly as both are at fault.
c. CLATpossible is not liable to pay as the work was not done in the course of agency.
d. CLATpossible is not liable to pay for the questions as she was no longer its agent.

Legal Aptitude
21. Principle: A principal is liable for the acts of the agent in the course of agency.
Facts: Robert runs a shop selling Korean Computer Monitors. He has a running account with PC and Co
which deals in all kinds of Computer Hardware supplies. He appoints Sajal as his agent and leaves
instructions with P.C and Co that the company may give him the supplies for the Roberts Monitor shop.
The business continues like this for 2 years and Sajal used to procure the monitors from PC and Co and
Robert used to pay for them. After two years, Robert fires Sajal. Sajal goes to PC and Co. and places an
order for 100 printers on behalf of the shop. PC and Co. gives the same to Sajal and Sajal absconds with
the printers. PC and Co. demands that Robert pays for the printers. Is Robert liable to pay?
a. Robert must pay for the printers as he did not take sufficient care to inform PC and Co. that Robert
was no longer their agent
b. Robert and Sajal must both pay jointly as both are at fault.
c. Robert is not liable to pay as the printers were not bought in the course of agency.
d. Robert is not liable to pay for the printers as she was no longer its agent.
22. Principle: Contracts happening on contingent events is void ab initio.
Facts: X enters into a contract with Y that if Z who is pregnant with Xs baby gives birth to a boy he will
give Y Rs. 5000/- and if it is a girl Y will give X Rs.5000/-. X gives birth to a hermaphrodite . The parties
want to
a. The contract is frustrated and therefore no question of going into whether the contract is valid or
not
b. Both parties do not have to give each other anything as both have lost or won the bet depending
on the way one sees it.
c. The contract is valid as it was not based on happening of contingent events. There is only so many
sexes a child can have.
d. The contract is void ab initio as it is based on happening on contingent event.
23. Principle: Contracts happening on contingent events is void ab initio.
Facts: X and Y enter into a contract with each other, the purport of it being that if Y gives him his car now
X will give all his property to Y when X dies.
a. The contract is void ab initio as the death of X is based on contingent events.
b. The contract is void ab initio as the death of X is based on uncertainty
c. The contract is not void ab initio as the death of X is not a contingent event for the purpose of
contract.
d. None of the above.
24. Principle: 1. An offer must be matched by acceptance to complete the agreement
2. Acceptance can be either by speech or by action.
Facts: Boka simultaneously offers to sell Buddhu his watch and cap for Rs. 100/ to Buddhu and Baungar.
Buddhu agrees to buy the cap for Rs. 50/- and Baungar agrees to buy the watch for Rs.50/-. Boka gives the
watch to Buddhu and accepts Rs. 50/- in lieu of the watch but refuses to give his cap to Bangaur. Bangaur
files a suit against Boka. Will he succeed?
a. Yes, as Baungar gave his acceptance
b. Yes, though Banugaur did not give acceptance but later Boka accepted the counter offer by Boka
so he must accept the counter offer by Baungar.
c. No, because there was no agreement between the Baungar and Boka.
d. No, because there was no agreement between any parties.
25. Principle: 1. An offer must be matched by acceptance to complete the agreement
2. Acceptance can be either by speech or by action.
Facts: Chottu is a wholesaler of Denim shirts. Sonu runs an up market store where he procures goods from
various suppliers. Chottu calls up Sonu and offers him to sell a pre-selected set of 100 denim shirts for Rs
1,00,000-. Sonu is not inclined to say Yes, but does not reject the offer. Later Chottus delivery boy comes
to Sonus store and leaves the shirts. Sonu receives the shirts, and by the end of the day manages to sell
half the shirts. He sends back half the shirts which were not sold to Chottu with payment for half the shirts.
Chottu refuses to accept the money unless Sonu pays up the full amount
Is Chottu liable to pay for the shirts ?
a. Yes, as there was an agreement.
b. No, as there was no agreement.
c. Sonu is liable to pay only for the shirts he used.
d. None of the above.

Legal Aptitude
26. Principle: All citizens have the fundamental right to equality.
Facts: Suleiman and Pasha are neighbors. Suleiman has a rich household and consumes X units of
electricity. Pasha is a poor man and in order to feed his family runs a small shop in the same neighborhood
which also consumes X units of electricity every month. The electricity department also knows that
Suleiman is a rich man and Pasha is poor man, but charges a subsidized rate for electric consumption from
Suleiman chargeable for domestic rates, and charges Pasha at rates of commercial rates as a result of
which Pasha ends up paying much more than Suleiman. Pasha is aggrieved by this and challenges the
rates as being violative of Right to equality
Will he succeed?
a. Yes, as equality includes that in equals be treated unequally and therefore the rates must be
lesser for the poor and more for the rich
b. No, as Pasha and Suleiman are being treated equally.
c. No, as domestic and commercial consumption cannot be equated.
d. Yes, as the law as arbitrary.
27.
Principle: No person shall be condemned unheard
Facts: Ghanta Singh is a deaf and dumb person working in the Irrigation Department of the Government.
A large body of complaints are received by the department alleging that Ghanta indulges in bribery. The
Departmental head goes through the rule book which provides for a provision for oral hearing. The same is
communicated to Ghanta and in the hearing Ghanta is not able to articulate words owing to the fact as he
is specially abled. He requests that he be given an opportunity to present his case in writing. The
Department refuses it saying that he has been heard and holds him guilty. He challenges the enquiry
proceeding stating that he has not been heard
a. Ghanta will not succeed as he was not heard
b. Ganta will not succeed as the rule book provided only of oral hearing.
c. Ghanta will succeed as he was not heard.
d. None of the above.
Principle one is common for the next two questions.
Principle:1. The state is entitled to put reasonable restrictions on a fundamental right.
28. Principle:2. Everyone has a fundamental right to indulge in trade and profession of his or her choice.
Facts: The Bar Council of India the regulatory body of the legal profession in India comes out with the
notification that no person can henceforth practice law unless or until he or she clears a Bar exam. Ehsaan,
a law student in his final year of study, challenges the exam as unconstitutional stating that it is against
his fundamental right to freely practice a trade or profession of his or her choice. Is he likely to succeed.
a.
Yes, as the exam no longer makes the profession to be practiced freely.
b.
Yes, as after five years of study of law Ehsaan has the necessary knowledge to become the
lawyer.
c.
No, as this is only a reasonable restriction not a bar on the profession.
d.
None of the above.
29. Principle 2: Every person is entitled to be defended by a lawyer of his choice.
Facts: Birju is an industrial worker who is aggrieved by the way the management deals with him. He raises
a dispute which referred for settlement. Under the Industrial Disputes Act whenever conciliation
proceedings go on either side cannot be represented by lawyers but they have the choice to be
represented by any other representative. Birju wants to appoint Devarmalani a very famous lawyer as he
feels that he shall be best placed to articulate his demands and challenges the provision of the law. Will he
succeed?
a. Yes, as every person is entitled to be defended by a lawyer of his choice
b.
No, as Devarmalani is not the choice of the management.
c.
Yes, as Birju is a management worker and the management is better placed to coerce or influence
him into demands, and he can exercise his fundamental rights.
d. No, because the purpose of the exercise is conciliation and in better public interest lawyers are
left out so both parties can amicably settle their disputes.
30. Principle 1: Right to life means not mere animistic existence but to live with all that which makes life
meaningful and worth existing for.
Principle 2: Right to life does not include Right to die.
Facts: Veronica is suffering from a rare terminal disease which does not have any cure known to modern
science. Archie Pharmaceuticals is trying to develop a vaccine presently undergoing trials in laboratories
under the prescribed Health Ministry norms for the cure of the disease. The initial result on mice shows
some favorable improvement; however the drug has never been tested on humans and may prove fatal.
The company is looking for patients with the Health Ministrys permission to try the drug on, and Veronica
wishes to provide herself as a test subject. Should she be allowed to become the test subject?
a. Yes, as right to life includes right to live with dignity and there is health ministry permission.

Legal Aptitude
b.

No, knowingly signing up for a drug trial where results are likely to be fatal is not allowed, as right
to life does not include right to death.
c.
Yes, because she is not trying to end her life but only trying to live with dignity.
d. No, because mice are different from men.
31. Principle: No one shall be forced to testify against himself or herself.
Facts: Everyone knows the Robert is a very famous smuggler, but the police have never been able to
gather any evidence against him as he is very good at using technology to cover his tracks. Mr. Bean the
new inspector known for his uncanny and unorthodox ways of investigation, avails the services of Jadugar
Goga. Jadugar Goga invites Robert in his magic show and hypnotizes him. After the hypnosis succeeds
Goga hands him over to Mr. Bean and Mr. Bean obtains a confession from Robert for all the goods he has
smuggled in the past few years. Can the confession be considered valid evidence?
a. Yes as there was no force used on Robert to testify against himself.
b.
No, as the testimony was not given freely.
c.
Yes, as all other ways had failed and it was necessary in public interest to carry this exercise.
d. No, because Mr. Beans unorthodox and novel ways are not yet approved by the Police
Department.
32. Principle: The constitution of India guarantees that the person shall not be punished for an act which
was not a crime at the time of committing the act.
Facts: Hassan has been successfully evading taxes successfully for ten years for the period of 2001-2010.
In 2011, an act comes into force which makes disclosure of income voluntary and concealment tolerated
based on the Swiss model where it is the moral responsibility of the person to declare his taxes. Finding
that he is no longer bound to conceal his income he declares his assets. The Income tax department
immediately comes into action and prosecutes him for his past concealment of income. Will they be able
succeed?
a. No, because this amounts to enforcing an ex-post facto law.
b. Yes, because the law is prospective.
c. No, because the Government because it is an act which is not a crime at the time of commission
d. Yes, because the Income tax department is only prosecuting not convicting.
33. Principle: 1.All persons shall be equal before law and entitled to equal protection of law.
2.Every person shall have the fundamental right to practice preach and profess the religion of his or her
choice
Facts: The personal laws of the Hindus allow a man to not have more than one wife at time. The personal
law of the Muslims allows a man to have up to four wives at a given time. Sallu a married Hindu falls in
love with another woman Lakshmi , than his wife, Padma. When he visits his lawyer his lawyer informs him
that he cannot marry on account of being a Hindu. He feels frustrated and challenges the law as being
violative of Right to Equality?
a. He will not succeed as the Right to religion must be read harmoniously with right to equality and
both are different and can be treated differently for the purpose of personal laws.
b. He will succeed as this law creates unnecessary differences between Hindus and Muslims in a
secular state like India.
c. He will not succeed as Lakshmi did not give consent to the second marriage
d. He will succeed as Right to equality is a bigger right than right to Religion.
34. Principle 1: Every person has the fundamental duty conserve the flora, fauna and the environment of
the country.
Principle 2: Every person has the fundamental right to practice a trade and profession of his choice.
Facts: The State of Xanadu, a state in the Union of India comes up with a law banning the cutting down of
any kind of timber yielding tree whether of the renewable or non renewable variety, within the reserve
forests and outside it. Verrapan a lumberjack fells aggrieved by the law and challenges it as violative of his
fundamental right
a. Verrapan will succeed.
b. Verrapan will not succeed.
c. Verrapan will not succeed as for every right there is a duty.
d. Both B and C.
35. Principle 1: Every person has the freedom of speech in India.
Principle 2: Any person which excites disloyalty or disaffection or hatred against the Government
established by law in India is guilty of Sedition
Facts: Kumar a young firebrand revolutionary tells the people, this government is an agent of the
bourgeoisie and there will be no justice as long as they are governed by it. Therefore the best idea is to
create a new state by seceding out of the territory and installing a new Government. The Government
wishes to prosecute him for sedition.

Legal Aptitude
a.

Kumar has not committed sedition as he only wants to bring down the people in power not the
institution of the Government
b.
Kumar has not committed sedition because he did not use any hateful words any words which call
for ending the Government, but only talks about creation of a new Government
c.
Kumar is guilty of sedition.
d. Kumar was acting within his fundamental rights
Answers
1. a
2. a
3. b
4. d
5. d
6. b
7. a
8. d
9. c
10. D 11. b 12. a 13. d 14. b 15.c
16. a 17. d 18. b 19. b 20. A 21. c 22. d 23. c 24. c 25. a 26.c 27.c 28.c 29.d 30.c
31.b 32.b 33.a 34.
35. c