ITL Public School First Term Answer Key( ) Date of Exam: Class: XII Subject: Legal Studies

Transcription

1 ITL Public School First Term Answer Key(0-7) Date of Exam: Class: XII Subject: Legal Studies It essentially deals with the doctrine of constitutional morality which says that even in doing something legal, an administrative action must always be fair and reasonable. This statement refers to : Rule of law Doctrine of Separation of Powers Principle of Natural Justice Droit System Ans- a) X promises to supply 0 bags of sugar to Y, a sweet shop proprietor, for making laddoos for a marriage on th September 0. X does not supply sugar on th September 0 but supplies it on 0 th September 0. Y is entitled for damages from X for the loss he suffered due to non-delivery of supplies on time under which provision? Doctrine of Restitution Doctrine of Election Doctrine of Lis Pendens Doctrine of Legitimate Expectation Ans- a) 3 Sakshi is facilitating an alternative dispute resolution in which parties appoint a neutral third party who facilitates the parties in achieving an acceptable, voluntary agreement, which is more formal than negotiation. However, this method of dispute resolution fails, and Sakshi dons another role. Identify the type of dispute redressal. Arbitration Mediation Conciliation Mediation with Arbitration Ans- d) Ms. Cornelia Sorabji was the first Indian lady vakil of Allahabad High Court. She was enrolled in the year Ans- a) granted the barons the right to legal trial and prevented their arrest or imprisonment or outlawing or abuse or denial of ownership of property without legal trial. English Bill of Rights Magna Carta American Declaration of Independence French Declaration of the Rights of Man and of the Citizen.

2 Ans- b) Which of the following is not a function of NALSA? Provide legal services, legal aid and speedy justice through Lok Adalats Laying down policies nad principles for making legal services under the Act Provide judicial education to State Judicial Academies To disburse funds and grants for implementing legal aid schemes Ans- c) 7 Principles of Administrative Law set the benchmark of interpreting, understanding and practicing the underline themes of all legislations and judicial decisions. Which of the following do not help ascertain the purpose of law/policy? Object and reason clause Footnote Headnote Section names of statutes Ans- b) 8 Under which Article of the constitution of India, has the Parliament enacted The Legal Services Authorities Act, 987? Article -A Article Article 39-A Article 3 Ans- c) 9 Mr.Swainathan is a senior law officer who acts as a legal adviser to the State Government. According to Article of the Constitution, he is appointed by the Governor of the respective state. The qualification required for appointment at this post is similar to that of a judge of a High Court. Identify the position held by Mr. Swaminathan. State the duties to be performed by him. Ans- Advocate General. Chief legal advisor of state and performs duties of a legal character including representing the state before the courts either through himself or through the law officers or pleaders appointed by the state. 0 A woman in sheer destitution and impoverishment attempted to kill herself after failing in all the ways to arrange for food for her starving children. Will she be criminally liable? Give reasons for your answer. Ans- Yes. The act is done intentionally. Done willfully and not accidently or mistakenly. Well aware of the consequences. Sufficient for affixing criminal liability. Good intent or bad intent, if the act is prohibited, done willfully, will cause liability in criminal law. List any two characteristics of Public Interest Litigation. Characteristics- Non adversarial litigation Expands the rights of third party to approach the courts Modelled on remedial nature Watchdog of democracy Differentiate between bailable and non- bailable offence. Bailable- Right of the accused to obtain bail while trial is pending Non bailable- More serious offences (punishment of 3 years or more), no right, only on discretion of judge. 3 The National Commission for Women was established under the National

3 Commission for Women Act, 990.How many members does it consist of? Briefly explain. Chairperson + members, who are nominated and have experience in One member each belongs to SCST. Explain the class of legal practitioners known as mukhtars. Ans- Mukhtarship exam held by HC. Mainly confined to practicing in criminal courts of mofussils. Not permitted to plead in any subordinate civil courts. The nd Amendment Act ushered the era of tribunalisation of Indian Judiciary Elaborate. Added Art. 33-A and 33-B. Empowers the Parliament to set up tribunals for adjudication of specialized disputes. (to be elaborated) Define mediation. What are the three ways in which mediation can be triggered? Mediation is a method of ADR in which parties appoint a neutral third party who facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. More formal than negotiation but less formal than arbitration and litigation. 3 ways- Pre-litigation mediation Court referrals At appellate stage 7 Differentiate between wager and contingent contract. Wager Contingent Contract Invalid contract Valid Always a reciprocal promise No reciprocal promise 3 3 rd parties do not have interest in this 3 rd parties may have interest Contingent in nature Never wagering 8 Explain any four rights granted under Article 9 of the constitution and the grounds on which it can be restricted. Right to six freedoms- All citizens shall have the right toa) freedom of speech and expression (Restrictions on grounds of interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality, or in relation to contempt of court, defamation or incitement to an offence. ) b) assemble peaceably and without arms (restrictions on grounds of sovereignty and integrity of India or public order) c) form associations, unions, or cooperatives (sovereignty and integrity of India or public order or morality) d) move freely throughout the territory of India (restrictions in the interest of general public or for the protection of the interests of any Scheduled Tribe) e) reside and settle in any part of the territory of India (restrictions in the interest of general public or for the protection of the interests of any Scheduled Tribe) g) to practice any profession, or to carry on any occupation, trade or business. (restricted in the interest of general public; laws can be made relating to professional or technical qualifications necessary) 3

4 9 Briefly explain the system of legal education in the United States. After years UG degree, write LSAT exam. Apply to a law school, 3 year JD programme. Licensing requirements Foreign lawyers and practicing in the US American Bar Association 0 Independence of judges is crucial to ensuring independence of judiciary. Explain any four legal provisions that ensure judge s independence and impartiality. Security of tenure Cannot be easily removed Salaries and allowances Conduct of judges cannot be discussed Own establishment, own control (any to be explained) 9 A trial goes through several distinct stages before the judge pronounces his judgment in the trial. Briefly explain these stages. Framing of the charge or giving of the notice Recording of prosecution evidence Statement of accused Defence evidence Final arguments Discuss the benefits of Alternative Dispute Resolution. Speedier, informal, cheaper Convenient forum Parties have an opportunity to select the expert Provides flexibility to even refer disputes to non-lawyers To reduce delays and high pendency of cases and other problems confronting law courts 3 Trace the evolution of the legal profession in India from the enactment of Legal Practitioners Act of 8 till 9. Legal Practitioners Act of 8- opened up profession irrespective of nationality. Legal Practitioners Act of 879-Brought all six grades of legal practitioners into one system. 93- Chamier Committee and women s entry 9- Indian Bar Council 9- Indian Advocates Act

5 Explain the provisions of the Fundamental right that is depicted in the picture. Ans- Art. - Equality before the law and equal protection of law Art. - Prohibition of discrimination Art. - Equality of opportunity Art. 7- Abolition of untouchability Art. 8- Abolition of Titles Rahul is a law graduate from National Law School, Bangalore. He has been enrolled with the Bar Council for last four years. He wants to be an Advocate on Record and appear for a qualifying examination conducted by the Supreme Court Can Rahul take this qualifying examination? If yes, why? If not, why not? As an advocate, briefly explain his duties and responsibilities. He wants to advertise on a website. Can he do so? If yes, what are the restrictions? If not, why not? Ans- No. At years with Bar council and one year training with an AOR. Act in a dignified manner, to respect the court, not to communicate with a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to refuse to represent clients who insist on adopting unfair means. Uphold and maintain the values of the profession After intimating and taking approval from BCI. Only info- Name of the advocate or firm; contact; details of enrolment with Bar; professional and academic qualification; areas of practice. Briefly explain the powers of National Commission for Minorities. What are the grounds on which the Commission can decline admitting a complaint? Ans- i) Power to summon Require the discovery or evidence of any document Receive evidences of affidavits Request any public record Issue commissions for examination of witnesses and documents Can deny on grounds of Does not relate to minority status Should not be pending elsewhere Not availed of other ordinary judicial/quasi-judicial/administrative institutions Not more than a year old Complaint should not be vague, anonymous, pseudonymous or frivolous Does not entertain complaints that are not directly addressed to it. 7 Define Arbitration. Explain the types of Arbitration. Domestic Foreign Ad-hoc Institutional Statutory International (to be explained) 8 What is Droit Administrative Law? Do a critical analysis of Droit system of administration.

6 Ans- French system of Administrative law. Criticism by A.V. Dicey. Effectiveness- Doctrine of legitimate expectation Doctrine of proportionality Doctrine of Governmental liability. 9 Tia is a law graduate and an avid reader. She has done her masters in International Law and is fascinated by the clauses of TRIPS. She always wanted to venture into a non-conventional field of property law. Define the kind of property, the study of which Tia is interested in. What are the different types of this property? Explain. Ans- Intellectual Property Trademarks Patents Copyrights Designs Geographical Indications 30 The method of appointment of judges at the Supreme Court, High Court and District Courts has been enshrined in the Constitution of India. List the qualifications for appointment of judges to- Supreme Court High Court District Court Explain the procedure for appointment of judges of High Court. Ans- a) SC- Citizen, years judge of a HC or or more HC in succession, 0 years advocate of HC, distinguished jurist. b) HC- Citizen, 0 years held judicial office, 0 years advocate in a HC. c) DC- Member of a judicial service of a state, minimum 7 years of practice as a lawyer at Bar. Method of appointment of HC judges- Collegium comprises of CJ of HC and senior most judges of the HC. CJ s recommendations --- CM and Governor----- Union Minister of Law and Justice CJI who in consultation with collegium of judges of SC--- union minister of law and justice----pm----pres.