Comprehension
Read the following passage carefully and then answer the accompanying questions employing the concepts provided in the passage:
According to Hohfeld, legal relationships can exist only between two legal persons and one thing. One of the two persons always has a legal advantage (that's the right) over the other. The other person has the corresponding legal disadvantage. ... For example employer employee. The basic building block of legal rights is liberty. It allows one person to do exactly as she pleases with no duty to do otherwise. ... But ... the important thing about a liberty: No one is required to respect it. It is merely a “permission without a protection”. For example, I can enjoy the view of my neighbour's garden but he is not under a duty to protect my view and can screen it off.
A “claim” entitles one person to limit the liberty of another, who then has a duty either to act or not to act in certain ways toward the claimant. For example, a child's claim to maintenance from parents places a duty on parents to provide maintenance. In personam claims can be made against a definite number of persons whilst in rem claims are available against every person in the world. ...An immunity disables one person from interfering with the liberty of another...Claims tell us what we should not do. Immunities tell us what we cannot do. ... For example, a public official cannot be prosecuted without special permission. A “power” is an ability that the law gives a person to (realise) her own legal rights or the rights of someone else (for example the power to sue). Its correlate, the liability carries the sense of exposure to having one's legal status changed. For example, only a person with locus in a case can file a litigation to press his claims.
[Adapted from Steven Wise, Rattling the Cage Towards Legal Rights of Animals) (2000)]
According to Hohfeld, legal relationships can exist only between two legal persons and one thing. One of the two persons always has a legal advantage (that's the right) over the other. The other person has the corresponding legal disadvantage. ... For example employer employee. The basic building block of legal rights is liberty. It allows one person to do exactly as she pleases with no duty to do otherwise. ... But ... the important thing about a liberty: No one is required to respect it. It is merely a “permission without a protection”. For example, I can enjoy the view of my neighbour's garden but he is not under a duty to protect my view and can screen it off.
A “claim” entitles one person to limit the liberty of another, who then has a duty either to act or not to act in certain ways toward the claimant. For example, a child's claim to maintenance from parents places a duty on parents to provide maintenance. In personam claims can be made against a definite number of persons whilst in rem claims are available against every person in the world. ...An immunity disables one person from interfering with the liberty of another...Claims tell us what we should not do. Immunities tell us what we cannot do. ... For example, a public official cannot be prosecuted without special permission. A “power” is an ability that the law gives a person to (realise) her own legal rights or the rights of someone else (for example the power to sue). Its correlate, the liability carries the sense of exposure to having one's legal status changed. For example, only a person with locus in a case can file a litigation to press his claims.
[Adapted from Steven Wise, Rattling the Cage Towards Legal Rights of Animals) (2000)]
Question: 1
The boundary wall surrounding A‘s property was broken which caused a number of villagers to cross through his property to reach the adjoining market. A repaired the wall and stopped the villagers. What was the nature of legal relationship?
The boundary wall surrounding A‘s property was broken which caused a number of villagers to cross through his property to reach the adjoining market. A repaired the wall and stopped the villagers. What was the nature of legal relationship?
Updated On: Jul 17, 2024
- Liberty-no right
- Claim-duty
- Immunity-disability
- Power-liability
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The Correct Option is A
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The correct Option is (A):Liberty-no right
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Question: 2
'A‘ does not repair the boundary wall for more than twenty-five years and does not stop the villagers from crossing his property. Now the villagers have:
'A‘ does not repair the boundary wall for more than twenty-five years and does not stop the villagers from crossing his property. Now the villagers have:
Updated On: Jul 17, 2024
- An immunity
- A claim
- A power
- A liberty
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The Correct Option is B
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The correct Option is (B):A claim
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Question: 3
After changing her religion, an adult medical student Bareta got married to a man of her choice. The medical student‘s right to marry was:
After changing her religion, an adult medical student Bareta got married to a man of her choice. The medical student‘s right to marry was:
Updated On: Jul 17, 2024
- A claim
- A liberty
- A power
- A liability
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The Correct Option is B
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The correct Option is (B):A liberty
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Question: 4
The situation for Bareta would change if she were a minor. Her minority would impact on her:
The situation for Bareta would change if she were a minor. Her minority would impact on her:
Updated On: Jul 19, 2024
- Claim
- Liberty
- Power
- Immunity
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The Correct Option is C
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The correct Option is (C):Power
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Question: 5
Article 21 of the Constitution of India lays down that no person can be denied life and liberty except according to procedure established by law. By reason of this article, the State cannot deny liberty through executive order. What does the Article impose on the State?
Article 21 of the Constitution of India lays down that no person can be denied life and liberty except according to procedure established by law. By reason of this article, the State cannot deny liberty through executive order. What does the Article impose on the State?
Updated On: Jul 17, 2024
- Duty
- Liability
- Disability
- No Right
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The Correct Option is C
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The correct Option is (C):Disability
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Question: 6
A person can be taken into custody only if there is a legislation specifying a procedure which allows the deprivation of liberty. This protection from wrongful arrest granted to people is:
A person can be taken into custody only if there is a legislation specifying a procedure which allows the deprivation of liberty. This protection from wrongful arrest granted to people is:
Updated On: Aug 23, 2024
- An immunity
- A liberty
- A disability
- A power
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The Correct Option is A
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The correct Option is (A):An immunity
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Question: 7
The Civil Procedure Code lays down the conditions that have to be fulfilled before a Plaint can be filed or defended. These conditions impact on the individual‘s:
The Civil Procedure Code lays down the conditions that have to be fulfilled before a Plaint can be filed or defended. These conditions impact on the individual‘s:
Updated On: Jul 17, 2024
- Claim
- Power
- Disability
- Liability
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The Correct Option is B
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The correct Option is (B):Power
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Question: 8
As a rule, only States can move international institutions for the enforcement of their rights. Special requirements have to be fulfilled before individuals can move international institutions. These requirements impact on the __________ of individuals to obtain their rights.
As a rule, only States can move international institutions for the enforcement of their rights. Special requirements have to be fulfilled before individuals can move international institutions. These requirements impact on the __________ of individuals to obtain their rights.
Updated On: Jul 17, 2024
- liberty
- power
- claim
- immunity
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The Correct Option is B
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The correct Option is (B):power
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Question: 9
When A enters into a contract with B, then the rights A has under the contract are:
When A enters into a contract with B, then the rights A has under the contract are:
Updated On: Jul 19, 2024
- In personam
- In rem
- Both (a) and (b)
- None of the above
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The Correct Option is A
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The correct Option is (A): In personam
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Question: 10
Recognition of the Right to Privacy by the Indian Supreme Court has:
Recognition of the Right to Privacy by the Indian Supreme Court has:
Updated On: Jul 17, 2024
- Converted a liberty into a claim right.
- Placed a duty on the State to protect the right
- Prevented tate from undertaking any activity which intruded on the privacy of the people
- All of the above
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The Correct Option is D
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The correct Option is (D):All of the above
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
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