List of top Legal Studies Questions

The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the Code is explained by Section 90. Section 90 reads as follows: “90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;…” Consent given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the corresponding provision from the point of view of the accused. It envisages that the accused too has knowledge or has reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both the parts should be cumulatively satisfied. In other words, the court has to see whether the person giving the consent had given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e. the alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot, however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal connotation and concept of ‘consent’is not intended to be excluded. Various decisions of the High Court and of Supreme Court have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.

Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred 'but for the negligence of the defendant.
4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
5. Conversations between a doctor and patient are generally confidential but there are few exceptions.
R, T and U were watchmen in Skypark Society. They were on night shift and began vomiting after drinking tea. They went to the SEM Hospital and complained to the nurse about it. The nurse thought they were vomiting because of alcohol they had been drinking earlier in the evening. However, the nurse reported it to the medical officer who refused to examine them and said that they needed to go home and contact their own doctors. They returned to their workplace, where U's condition deteriorated. U died of arsenic poisoning five hours later on way to hospital.
U's wife brought a claim of negligence against the Hospital administration. She argued that the hospital was negligent in not identifying that U had been poisoned, and the doctor should therefore have seen to him when they first approached the hospital. The hospital denied they were negligent, and in any event said they did not cause his death. Decide.

Which of the following case is known for emphasising the importance of Magistrate in cases of detention?

Annual General Meeting of a public company in India can be held:

Predatory pricing is related to the following:

Following is true about retrenchment:

Name the first multilateral disarmament treaty banning the production of an entire category of weapons which is considered as the first global and non-discriminatory disarmament convention outlawing a whole range of weapons of mass destruction, including bio-weapons. India has recently affirmed that obligations on the 40th anniversary of this Convention becomes more pertinent than ever and called it a 'high priority' and asked for its 'full and effective implementation by all states partics,'

According to Article 25 of the Charter of United Nations, members of the United Nations agree to accept and carry out the decisions of which of its organs in accordance with the present Charter:

"Every injury imports a damage, though it does not cost the party one farthing and it is impossible to prove the contrary; for a damage is not merely pecuniary, but an injury imports a damage, when a man is thereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking of them, yet he shall have an action." The statement is related to:

Which of the following is correct:?

Select the correct statement from the following:

A Public Health Emergency of International Concern (PHEIC) or the global emergency has been defined in the International Health Regulations (IHR, 2005) as, "an extraordinary event which is determined to constitute a public health risk to other States through the international spread of disease and to potentially require a coordinated international response". This definition implies a situation that is: serious, sudden, unusual or unexpected; carries implications for public health beyond the affected State's national border and may require immediate international action. Which international organization has declared the situation of PHEIC recently in 2020:

According to the Statute of International Court of Justice, who can be parties to the disputes before this international Court:

Which of the following are cases relating to environment protection?

He sought to steer a middle course between traditional natural law theory and legal positivism. He rejected traditional religious forms of natural law theory, which view human law as rooted in a rationally knowable and universally binding 'divine law' that derives from God. He criticized legal positivism and defended a secular and procedural form of natural law theory In his widely discussed book, The Morality of Law, he argues that all systems of law contain an "internal morality" that imposes on individuals- a presumptive obligation of obedience. Who was this legal philosopher:

Select the correct statement:

The principle of balancing between losses and gains, by reason of death, to arrive at the amount of compensation is a general rule applicable to the following:

The following is not true about case of State of Bombay v Hospital Mazdoor Sabha (SC 1960):

Select the correct option:

International law evolved to circumscribe the use of armed force with legal restrictions. The forcible acquisition of territory by conquest became illegitimate and individual criminal liability might attach to those who pursued it. In criminalizing war, this treaty played a role in the development of a new norm of behaviour in international relations, a norm that continues to play a role in our current international order. Which is this treaty or pact which also initiated the concept of renunciation and outlawry of war in international law and also served as the legal basis for the concept of crimes against peace and humanity and on that basis, the trials were held which executed the top leaders responsible for starting World War II:

All members of United Nations shall ipso facto members of which organ of United Nations:

He desired to create a pure science of law, stripped of all irrelevant material, and to separate jurisprudence from the social sciences as rigorously as did the analysts. He refused to define law as a command, for that introduces subjective and political considerations and he wished his science to be truly objective.
With whose theory of law, you can relate to the above statements:

Following is true about Mischief Rule:

If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned under Article 102(1), the question shall be referred to the President of India and his decision shall be final. But before giving any decision on any such question, the President shall have to obtain the opinion of ___________and shall act according to such opinion. Fill in the blank from the following:

In which of the following situations, does the President of India address a Joint Session of the Parliament?