more legal Flashcards

1
Q

law of torts evolved through

A

judicial prnouncements

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2
Q

tort has been derived through

A

tortum

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3
Q

tort means

A

a legal civil wrong

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4
Q

damnum sine injuria

A

damage without legal injury

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5
Q

maxim injuria sine damnum

A

legal injury without pvt damage

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6
Q

injuria sine damnum

A

violation of legal right

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7
Q

maxim alteram non leadere

A

to hurt nobody by word or deed

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8
Q

ubi jus ibi remedium

A

when there is a wrong, there is a remedy

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9
Q

liability of master and servant is

A

joint and several

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10
Q

respondent superiro

A

principle is liable for agents act

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11
Q

qui facit per alium facit per se

A

he who acts through another is deemed to do it himself

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12
Q

res ipsa loquitor is the rule of

A

evidence

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13
Q

2 or more persons can be made joint tortfeasor if they have

A

common design

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14
Q

case for tort of conspiracy

A

mogul vs mc gregor

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15
Q

damnum sine injuria case

A

gloucester grammar case

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16
Q

absolute liability case

A

rylands vs fletcher

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17
Q

injuria sine damnum case

A

ashby vs white

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18
Q

inevitable accident case

A

stanley vs powel

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19
Q

ex turpi causa non oritur actio

A

an action does not arise from an immoral cause

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20
Q

not a valid defence against a tort

A

scienti non fit injuria

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21
Q

if a hithicker dies due to drivers negligence

A

no suit for damages as volenti non fit injuria

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22
Q

knowledge of risk is not acceptance of risk

A

remember

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23
Q

salus populi suprema lex

A

welfare of people is the supreme law

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24
Q

act of god

A

micjolas vs marshland

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25
Q

absolute liability case

A

rylands vs fletcher

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26
Q

strict liability case

A

blackburn

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27
Q

nuisance are of how many kinds

A

public and pvt

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28
Q

pointing of loaded pistol is

A

assault

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29
Q

torts purely affecting moveable property

A

trespass to goods

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30
Q

a mere detention of goods without any wrong to plaintiff’s title

A

detinue

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31
Q

who propounded that it is a law of tort and not law of torts

A

winfield

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32
Q

pigeon hole theory propounded by

A

salmond

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33
Q

p standing on highway was injured by ball hit by b while playing cirkcet on his fielf

A

not nuisance
because its occasional nusiance

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34
Q

publisher is liable for anything published

A
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35
Q

it was known that a’s father was associated with criminal misappropriation. b says in th e presence of a “here comes the son of a very honest man”

A

case of defamation

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36
Q

whose viewpoint was negligence is culpable carelessness

A

salmond

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37
Q

in case 2 dogs of 2 owners are libale

A

the money wont get divided
each owner is liable for the whole amount

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38
Q

a gives some cash and cheques to v who was an embloyee of sbi, to deposit the same in that bank in the account of a. v misappropriated the money

A

bank not liable
because v was not acting in course of employement

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39
Q

who came up with the design for national flag

A

nehru

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40
Q

vande matram has been taken from which boom

A

anandmath

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41
Q

perosn not memeber of parliament can be appointed as minister by pres for max period of

A

6 months

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42
Q

ordinance expiry date

A

6 weeks

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43
Q

fundamental duties added through

A

42nd amend

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44
Q

british conceded the demand for partition of india under

A

mountabatten plan 1947

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45
Q

freedom to form association and unions

A

art 19 c

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46
Q

art 15 (1)

A

no discrimination on the basis of residence

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47
Q

rajya sabha can withold the monet bill for

A

14 days

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48
Q

budget is

A

annual financial statement

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49
Q

where a person has no choice but to sign on the dotted line

A

standardized contract

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50
Q

agreemnt caused by mutual mistake is void

A

false

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51
Q

if a priest induces a devotee to transfer all his property to him

A

voidable

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52
Q

nothing is an offence done by a chikd under the age of

A

7 years old

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53
Q

defination of contract under indian contract act 1872

A

sec 2 (h)

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54
Q

consensus ad idem

A

meeting of mind

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55
Q

in case of conflict of jurisdiction the indence of contract will be governed by the law of place where

A

the contract was made

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56
Q

sequence of contract

A

offer
acceptance
consideration
agreement

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57
Q

when goods are on display the offer comes from

A

the customer

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58
Q

competancy of parties to contract is under

A

sec 10

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59
Q

incompetancy of parties to contract

A

sec 11

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60
Q

if a notice at the entrace of an autmatic car park is an offer, it can be accepted by

A

driving in

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61
Q

the most authetic mode of transport when no mode is specified

A

letter

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62
Q

mohiri bibi case

A

contract with minor is void

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63
Q

even if a minor acts fraudulantly

A

no estoppel against him

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64
Q

contract without free consenr

A

voidable

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65
Q

husband and wife
parents aand child

A

fiduciary relationship

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66
Q

a. person is said tobe in distress if his mental capicty is

A

temprarily or permanently affected

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67
Q

crime is a

A

public wrong

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68
Q

draft of ipc was prepared by

A

lord macaulay

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69
Q

main igredients of crime

A

mens rea and actus rea

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70
Q

actus rea means

A

volunatry and involuntary wrong action

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71
Q

actus non facit reum

A

no crime without a guilty mind

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72
Q

mens rea is essential in

A

all
strict absolute public nuisance etc

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73
Q

4 stages of crome

A

intention
preparation
action
result

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74
Q

a woman tried to commit suicide by running towards the edge of a well
she was stopped before reaching the well

A

no offence committed

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75
Q

a purchased a stamp in the name of b whose name he wanted to forge

A

forgery

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76
Q

x with intention to kill y enters y’s room but he was absent

A

offence of trespass

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77
Q

legal insanity is

A

total loss of cognitive faculties

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78
Q

a intendingt o kill b mixes poison in his drink and passes on the drink to bartender to deliever it to b
howere bartendeer loses balance and spills the drink

A

offence of attempt to murder

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79
Q

x with intention to steal from y’s bag opens the bag but finds it empty

A

offence of attempt to commit theft

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80
Q

a person shooting a person in the jungle by accident

A

no offence as its pure accident

81
Q

a drunken person enters the else’s house believing it to be his own and beats the inmate for the same

A

offence of trespass and assualt

82
Q

a drunk person kills somebody

A

cuplable homiciode

83
Q

homicide is killing a person

A

lawfully or unlawfylly

84
Q

a instigates b an insane person to give poison to c but b consumes it himself

A

a guilty of abbetment to murder

85
Q

x and y agree to commit theft but no theft was committed

A

criminal conspiracy

86
Q

a doc administered a preg woman with a harmful chemical which caused the baby in her womb to die

A

offence of causing miscarriage

87
Q

a gave poison to b but instead c consumed the poison

A

a is guilty of murder

88
Q

a and b decided to commit suicide
first a killed b but couldnt kill himself

A

culpabale homicide not ammounting to murder

89
Q

cuplable homicide is not murder if the accused is deprived of self control by grave and sudden provocation by

A

the deseased

90
Q

whoever cases bodily pain dieases or injury to any person is said to cause

A

hurt

91
Q

fracture or dislocation of a tooth is

A

grievous hurt

92
Q

a was entrusted with some gold by b
but a ran away with the gold

A

offence of criminal breach of trust

93
Q

robbery is an aggrevated form of

A

theft

94
Q

for extortion to become robbery

A

presence of offender before the person put in fear of injury is important

95
Q

decoity

A

5 or more persons

96
Q

when a person makes no effort to find the real owner and converst the property into his own

A

criminal misappropriation

97
Q

for abduction the abducted person can be

A

major or minor

98
Q

foregry is offence related to

A

docs

99
Q

defamation is a tort or crim

A

both

100
Q

within how many days a person must get info under rti act 2005

A

30 days

101
Q

doli incapax

A

incapable of crime

102
Q

pari passu

A

supremacy of law

103
Q

union territories that have a legislature assembly and council of ministers

A

delhi puducherry and j&k

104
Q

enemy property act inc which 2 countries

A

pak and china

105
Q

the basic human rights in india are contained in

A

constitution of india

106
Q

to study hard

A

swot

107
Q

in mint condition

A

in new and perfect condition

108
Q

a person who willingly aids or consents in an activity

A

accessory

109
Q

a written statement under oath and isgned by the maker as a true statement

A

affidavit

110
Q

unliquidated damabes

A

damages to be assessed by the court

111
Q

statement by a victin as to the cause of his death

A

dying declaration

112
Q

a political party can be registered as a national party after inter alia has secured at least

A

6% of the total votes

113
Q

art for subordinated courts

A

art 235

114
Q

in case of contributary negligence the accused can be absolved from complete liability

A

remeber

115
Q

no liability in case of public mer perception

A

that case of aids

116
Q

in case of protecting a farm from intruders

A

an ordinary dog will suffice instead of ferocious

117
Q

even if the customer asks a cab driver to speed up

A

the company would be liable on behalf of the cab driver

118
Q

an auction is just an invitation to contract

A
119
Q

consideration

A

a price for any purpose
something of value in the eye of law

120
Q

if there mistake of fact on part of both parties

A

void

121
Q

j a usual customer of b order certain goods from b on the day on which b transferred the business to c.

A

j is not liable to pay to c as he had entered into a contract to pay for the goods purchased from b

122
Q

a goes to jeweller pretending to b and buys a ring and then gives the ring to c
the cheque is dishonoured

A

c is not liable to return the ring

123
Q

defence of non est factum is available to party who has committed mistake as to the

A

mistake as to nature of contract

124
Q

non est factum

A

document executed in ignorance

125
Q

an agreement to share benefit of public office

A

void

126
Q

quantum meriut

A

as much as is earned

127
Q

a enters into contract with b to pay 5000k if india wins the world cuo

A

contingent contract

128
Q

a failure to perform contract at the agreed time when time is of essence of contract renders contract

A

voidable

129
Q

first elction for lok sabha

A

1952

130
Q

whi elects the lok sabha

A

members of lok sabha

131
Q

a case of dispute in the presidential election is decoded by

A

supreme court

132
Q

amendments can be initiated by

A

lok sabha and rajya sabha

133
Q

how many methods of amendments

A

3

134
Q

basic structure is a creation of

A

judiciary

135
Q

who appoints cag

A

pres

136
Q

who appoints attorney gen of india

A

pres

137
Q

administration of union territories is in the control of

A

pres

138
Q

national develop council

A

1952

139
Q

zonal councils

A

advisory bodies

140
Q

members of upsc are appointed by

A

pres

141
Q

which schedule mentions union list state list and concurrent list

A

schedule 7

142
Q

famous commission on centre state relations

A

sarkaria commission

143
Q

what cannon be done directly cannot be done indirectly

A

incolourable legislation

144
Q

residuary powers are vested in

A

parliament

145
Q

constitution of india enacted constituent assembly set up in

A

july 1946

146
Q

constituent assembly was set up in

A

1946

147
Q

india became a soverign democratic republic on

A

26th jan 1950

148
Q

when did andhra come into existence

A

1953

149
Q

bifurcation of bombay in

A

1960

150
Q

which UT attained statehood in 1987

A

arunachal pradesh

151
Q

25th state to achieve statehood

A

goa

152
Q

first state to be bifuracted after indep

A

bomaby

153
Q

reduced memebership of constituent assembly

A

299

154
Q

separation of judiciary from executive is enjoined by

A

directive principle

155
Q

the word economic justice is in

A

preamble and directive principles

156
Q

source of indias soverignty lies with

A

people of india

157
Q

which article says that there should be a pres

A

art 52

158
Q

impeachememt of pres

A

art 61

159
Q

which art says that there need to be a vice pres

A

art 63

160
Q

there should be a governor

A

art 153

161
Q

who appoints advocate gen

A

governor

162
Q

chairman of national integration council

A

pm

163
Q

chairman of inter state council

A

pm

164
Q

keystone of cabinet arch

A

pm

165
Q

primus inter pares

A

pm

166
Q

national judicial academy

A

bhopal

167
Q

which amend amended panchayati raj

A

73rd

168
Q

judicial reviwe

A

us

169
Q

right to equality

A

uk

170
Q

judicial reviwe

A

art 13

171
Q

fundamental duties part

A

part 4 A

172
Q

patients conitions unknown to flight attendants at the time of issuing the ticket

A

so not liable in case of negligence

173
Q

even if a person has his farm near a railway station since he is using lawful use of his land

A

there wont be any contributary negligence in case of negligence of train driver

174
Q

not liable in case of peculiar problems

A
175
Q

leaving the door of a train or bus open is careless and would make a passenger liable

A
176
Q

driver hands over the vehicle to somebody else to drive

A

master not liable

177
Q

a policeofficer owes a duty of care to everybody on the street

A

apparently

178
Q

when husband lives sepearately from wife for a while and decides to send money to wife but stops after some time

A

not liable
cause there was no intention to establish legal relations

179
Q

if there is a provision that agreement is not a legal doc

A

then no liability in case of breach of duty

180
Q

in case of false represantaion

A

voidable

181
Q

sometimes if a company is very sincere about their advertisemnt

A

they can be made liable

182
Q

a person can propose a contract by one mode and revoke it by another

A
183
Q

mortgage made by minor is

A

void

184
Q

relationship between solicitor and client

A

fiduciary

185
Q

contract with a drunkard and spenddrift

A

can be undue influence

186
Q

in case of misrepresentemnet

A

the means of knowing using ordinary intelligence is considered

187
Q

a sells goodwill of his business to b
b opens up his own shop and uses goodwill to solicit the customers

A

not liable

188
Q

marrying each other is also a contract

A
189
Q

contract between husband and wife is

A

domestic agreemnt
and it can prevent liability in some cases

190
Q

a contract is voidable at the option of a taxi driver

A
191
Q

theres a diff between statememt of intention and contract

A
192
Q

you can be made liable for if u receive stolen goods

A
193
Q

for extortion fear of injury is essential

A
194
Q

theres a diff between criminal intimidation and extortion

A
195
Q

in extortion delievery of property is essential

A
196
Q

taking property from dead persons body

A

criminal misappropriation

197
Q

guilty for receaving illegal gratification and not criminal breach of trsur

A
198
Q
A