List of top Legal Studies Questions asked in AILET LLM

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other’s cost.
FACTUAL SITUATION : X, a patient suffering from fibroids in her uterus approached KLM Medical Institute. X was suggested to undergo surgery to remove the fibroids from her uterus. The operation was successfully performed and X was discharged after few days. One of the researchers of the KLM Institute discovered some rare and unique cells in the fibroids of X and using these cells, the laboratory of KLM developed some life-saving drugs and earned twenty crore rupees from a leading international pharma company. When X came to know about it she claimed five crore from the Institute.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : The acceptance of an offer will be valid only if it is made in the way it was expected to be made.
FACTUAL SITUATION : There was a telephonic discussion between ‘J’ and ‘K’ for negotiating the sale of the shop of former to the latter. Upon reaching an agreement as to the price of the shop of ‘J’ at Rs. 20 lakh, ‘J’ told ‘K’ to send a letter to him within two weeks confirming that she wishes to buy the shop for price finalized. Two days thereafter, ‘K’ gave her acceptance to ‘J’ over telephone but sent the letter of confirmation after lapse of one month. Is ‘J’ bound by acceptance of ‘K’ ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A power conferred by a statute cannot be withdrawn by a subordinate legislation.
FACTUAL SITUATION : The Cinematograph Act conferred powers upon the District Magistrate (DM) to grant license subject to the control of the government. The government framed Rules under the said Act. The effect of these Rules was that the licensing power stood transferred to the Government itself and the District Magistrate was rendered powerless. Whether such Rules are valid ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Article 19 (1) (g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19 (6) empowers the State to impose reasonable restrictions on this right in the interest of public.
FACTUAL SITUATION: Having experienced acute shortage of labor for agricultural purpose due to engagement of agricultural laborer in manufacture of Bidis, the state Government enacted a law to prohibit such engagement of agricultural labor in the manufacture of Bidis. Whether the law violates the constitutional Provisions ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : In the employer – employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION : David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident free record. David’s younger brother wanted to join the same company as a driver. He obtained a Learner’s Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and wanted to have more practice before the driving test. He requested his brother David for using the Company’s car for two days. David allowed him to use the office car for the practice. While he was practising driving, a truck came from the wrong side, hit the company’s car driven by David’s brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A suit shall be instituted in the court within whose jurisdiction the cause of action arises; or the defendant actually and voluntarily resides or carries on business, or personally works for gain.
FACTUAL SITUATION : ‘Y’ carries on business in Mumbai. ‘Z’ carries on business in Delhi. ‘Z’ buys goods of ‘Y’ in Mumbai through his agent and request ‘Y’ to deliver them at Delhi. Accordingly, ‘Y’ delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of amount of ‘Z’. Which court may ‘Y’ approach ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Any institution or body can be a ‘State’ if it is created under the Constitution or a statute; or if it is substantially financed by the Government; or the Government holds its share capital.
FACTUAL SITUATION : K approached the High Court by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A reasonable classification having nexus with the object sought to be achieved is not violative of Article 14 or Article 16 of the Constitution of India.
FACTUAL SITUATION : ‘X’ is a male teacher in a women’s college, who applied for the post of Principal of that college. His candidature was rejected on the basis of the Government policy of appointing only women as Principal of a women’s college. ‘X’ challenges the policy on the ground of discrimination. Whether the challenge is sustainable ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. Preparation to commit an offence is not an offence.
2. After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.
FACTUAL SITUATION : A wanted to kill B and had therefore gone to the market to buy explosives to plant in his house. After A has planted the bomb, he felt guilty and he went back to remove the bomb but while he was doing so, B saw him and called the police. Can A be held liable ?
DECISION:

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.
FACTUAL SITUATION : Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.|
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can make recourse to public authorities.
FACTUAL SITUATION : Akshay, a law abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Whoever stores a substance which could cause damage on escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
FACTUAL SITUATION : Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as much resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or employment, envisaged herein, should be normal and reasonable taking into account surrounding situation.
FACTUAL SITUATION : Jogi and Prakash were neighbors in a residential locality. Prakash started a typing class in a part of his house and his typing sound disturbed Jogi who could not put up with any kind of continuous noise. He files a suit against Prakash.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. The crime of kidnapping involves taking someone away from the custody of their lawful guardian.
2. The crime of abduction involves inducing or forcing somebody to go away from some place against their will.
FACTUAL SITUATION : A steal B’s slave. Is it a crime ?
Type of crime :
I. Kidnapping
II. Abduction
III. Neither
Reason :
A. Slavery is illegal.
B. A has taken him away from B’s lawful custody.
C. A has forced somebody to go with him against his will.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Whoever delivers to another person as genuine any counterfeit currency which he knows to be counterfeit, but which that other person is not aware of at the time when he received it, is guilty of counterfeiting currency.
FACTUAL SITUATION : While returning home one day, Roshni realizes that the local shopkeeper has given her a fake note of Rs. 1,000. Disappointed, she goes to the same shop and buys cosmetics worth Rs. 600. She then passes the same fake note to the shopkeeper. The shopkeeper while inspecting the note finds out that it is fake. Is Roshni guilty ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. Whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
2. Mens rea and actus reus must concur to the result in a crime which is punishable by the law.
FACTUAL SITUATION : A and B went for shooting. A know Z to be behind a bush. B does not know it. A induces B to fire at the bush. B fires and kills Z. Has an offence been committed ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE :
1. To constitute a punishable criminal offence, guilty intention must accompany an illegal act.
2. Criminal mischief means causing damage to public property intentionally or with the knowledge that harm may occur.
FACTUAL SITUATION : Neel being a Shahrukh Khan fan went to the premier of the movie, Happy New Year. As usual, he carried his pen-knife, a gift from his dead mother. At the security check, impatient of waiting in the queue, Neel slunk past the guards and the metal detector when no one was watching. Later, he was apprehended in the hall and charged for mischief and possession of a weapon when it was expressly forbidden.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Any direct physical interference with goods in somebody’s possession without lawful justification is called trespass of goods.
FACTUAL SITUATION : Z purchased a car from a person who had no title to it and sent it to garage for repair. X believing wrongly that the car was his, removed it from the garage. Has he committed any offence ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : No confession made to a Police Officer, shall be proved as against a person accused of any offence. FACTUAL SITUATION : Thanu was accused of having murdered Vinu over a property dispute. After arrest, Thanu made a confession to the Inspector that she had in fact murdered Vinu. The confessional statement of Thanu was written on a paper and Thanu signed the same. The police carried on further investigation but were not able to find any other evidence to produce before the court. Can the confessional statement signed by Thanu be proved in court ?

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Ignorance of fact is excused but ignorance of law is not an excuse to criminal liability.
FACTUAL SITUATION : Abhay was a passenger from Frankfurt to Jakarta on a Lufthansa plane. When the plane landed at the Mumbai Airport on 24 November 2021 it was found on searching that Abhay carried 34 kg of gold bars on his person and that he had not declared it in the ‘Manifest of Transit’. On 22 November 2021, the Government of India had issued a notification modifying its earlier exemption, making it mandatory that gold must be declared in the “Manifest” of the aircraft.
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : The state shall make special laws for the upliftment of citizens of the country, and these laws can be made for the benefit of any specific caste, class or sex of people living in the society.
FACTUAL SITUATION : The state of Hindu Pradesh comes out with a law, which provided for reservation to Muslims in all government and government aided institutions. This law is challenged in the High Court of Hindu Pradesh, as being arbitrary and contrary to the established laws. Can the challenge be successful ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.|
FACTUAL SITUATION : Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE: A contract which is impossible to perform becomes void.
FACTUAL SITUATION : Surender agreed to deliver specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by short circuit. Is Surender discharged from the performance of the contract ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
FACTUAL SITUATION : A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable ?
DECISION :

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgement as to its effect upon his interests.
FACTUAL SITUATION : Mr. Xiu who is actually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. Yan when he was of unsound state of mind. Mr. Yan having come to know about this fact afterwards wants to file a suit against Mr. Xiu.
DECISION :