From the Discussion on Wills in the Third Paragraph It Can Be Inferred that Substantive Arguments as to the Validity of a Will Might Be Considered Under Which One of the Following Circumstances? - English Language

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MCQ

The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied in the passage.

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of community’s sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both “in the law” and “outside the law” so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts, and the like. Consider, for example, a statute providing or purposes were explicitly written into the statute was to ensure quiet and safety in the park. Now suppose that a veterans’ group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on park’s quiet and safety.

Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule–that a Will is invalid for lack of proper witnessing –has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will’s validity or enforcement. 

Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

From the discussion on Wills in the third paragraph it can be inferred that substantive arguments as to the validity of a Will might be considered under which one of the following circumstances?

Options

  • The legal rule that a Will be witnessed in writing does not stipulate the formal of the

  • The legal rule requiring that a Will be witnessed stipulates that the Will must be witnessed in writing by two people

  • The legal rule requiring that a Will be witnessed in writing stipulates that the witnessing must be done in the presence of a judge

  • A judge rules that the law can be interpreted to allow for a verbal witness to a Will in a case involving a medical emergency

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Solution

A judge rules that the law can be interpreted to allow for a verbal witness to a Will in a case involving a medical emergency

Concept: Comprehension Passages (Entrance Exams)
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In 1954, a Bombay economist named A.D. Shroff began a forum of free Enterprise, whose ideas on economic development were somewhat at odds with those then influentially articulated by the Planning Commission of the Government of India. Shroff complained against the 'indifference, if not discouragement, with which the state treated entrepreneurs.

At the same time as Shroff, but independently of him, a journalist named Philip Spratt was writing a series of essays in favour of free enterprise. Spratt was a Cambridge communist who was sent by the party in the 1920s to the foment revolution in the subcontinent. detected in the act, he spent many years in an Indian jail. The books he read in the prison, and his marriage to an Indian woman afterward, inspired a steady move rightwards. By the 1950s, he was editing a pro-American weekly from Banglore, called mysIndia. there he inveighed against the economic policies of the government of India. These, he said, treated the entrepreneur 'as a criminal who has dared to use his brain independently of the state to create wealth and give employment’. The state’s chief planner, P.C. Mahalanobis had surrounded himself with Western leftists and Soviet academicians, who reinforced his belief in 'rigid control by the government overall activities’. The result, said Spratt, would be `the smothering of free enterprise, a famine of consumer goods, and the tying down of millions of workers to soul-deadening techniques.'

The voices of men like Spratt and Shroff were drowned in the chorus of popular support for a model of heavy industrialization funded and directed by the governments. The 1950s were certainly not propitious times for free marketers in India. But from time to time their ideas were revived. After the rupee was devalued in 1966, there were some moves towards freeing the trade regime and hopes that the licensing system would also be liberalized. However, after Indira Gandhi split the Congress Party in 1969, her government took its `left turn’, nationalizing a fresh range of industries and returning to economic autarky.

Which of the following statements can most reasonably be inferred from the information available in the passage:


Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.

It is a matter of life or death: that’s a concept that gets our attention, whether chuckling over it in a B-grade film, or engrossed by it in an A-grade medical book such as this year’s Pulitzer Prize winner for nonfiction, The Emperor of All Maladies: A Biography of Cancer by Siddhartha Mukherjee. It isn’t hyperbole to call Emperor a literary masterpiece. The Pulitzer citation describes it as, “an elegant inquiry, at once clinical and personal, into the long history of an insidious disease that, despite treatment breakthroughs, still bedevils medical science.” “Elegant” is an apposite description of the New York-based oncologist’s prose, whether he is rephrasing Tolstoy: “Normal cells are identically normal; malignant cells become unhappily malignant in unique ways”; or explaining the book’s provocative title: “This book is a ‘biography’ in the truest sense of the word – an attempt to enter the mind of this immortal illness, to understand its personality, to demystify its behaviour”; or extrapolating, from cancer’s ability to mutate, into the realm of philosophy: “If we, as a species, are the ultimate product of Darwinian selection, then so, too, is this incredible disease that lurks inside us.” Mukherjee weaves together multiple stories about medical advances, doctors and scientists, and the patients who teach us something in the living or dying. Emperor is a historical account of cancer; we understand how cancer rose to prominence as a leading cause of death – as a direct result of human beings living longer now, and more likely to develop cancer. A greater understanding of the disease however comes with the caveat, the more you
know, the more aware you are of how much you don’t know. Tales related to surgery, with its inherent drama, has the edge on our medical reading lists. Some medical books fall into the Self Help category — one of the most successful genres in the publishing world today. While the genre can attract those looking to make a quick buck by peddling to people’s insecurities, there are some useful tomes too. Author Tim Parks in Teach Us to Sit Still shares how reading a famous self-help book, A Headache in the Pelvis helped with his chronic pelvic pain syndrome. Medical books deal with a subject close to our hearts — us, we, ourselves. Perhaps the ones we are most drawn to – thrillers aside – are those that give us a deeper insight into how the mind-body machine works, why we are sick, how we can get better — and, unhappily, sometimes, why we can’t.

According to the author, medical books catch our attention because


The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question. 

The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.  

One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations. 

Which of the following texts from the passage clearly indicates failure? 


The question in this section is based on what is stated or implied in the passage given below. For the question, choose the option that most accurately and completely answers the question. 

The words invention and Innovation are closely linked, but they are not interchangeable. The inventor is a genius who uses his intellect, imagination, time and resources to create something that does not exist. But this invention may or may not be of utility to the masses. It is the enterprising innovator who uses various resources, skills and time to make the invention available for use. The innovator might use the invention as it is, modifies it or even blend two or more inventions to make one marketable product. A great example is that of the iPhone which is a combination of various inventions. If an invention is the result of countless trials and errors, so can be the case with innovation. Not every attempt to make an invention is successful. Not every innovation sees the light of the day. Benjamin Franklin had the belief that success doesn‘t come without challenge, mistake, and in a few cases failure.  

One of the world‘s most famous innovators, Steve Jobs says, ―Sometimes when you innovate, you make mistakes. It is best to admit them quickly and get on with improving your other innovations.‖ Thus, inventors and innovators have to be intrepid enough to take risks; consider failures as stepping stones and not stumbling blocks. Some inventions are the result of a keen observation or a simple discovery. The inventor of Velcro, also called the zipless zipper, is the Swiss engineer George de Mestral. He was hiking in the woods when he found burrs clinging to his clothes and his dog‘s fur. Back at home, he studied the burrs. He discovered that each burr was a collection of tiny hooks which made it cling on to another object. A few years later, he made and patented the strips of fabric that came to us like Velcro. The world of inventions and innovations is a competitive one. But the race does not end here; it is also prevalent in the case of getting intellectual property rights. There have been inventors who failed to get a single patent while there have been some who managed to amass numerous patents in their lifetime. Thomas Edison had 1,093 patents to his credit! We relate the telephone with Alexander Graham Bell. It is believed that around the same time, Antonio Meucci had also designed the telephone, but due to a lack of resources and various hardships, he could not proceed with the patent of his invention. It is also believed that Elisha Gray had made a design for the telephone and applied for the patent at the U.S. patent office on the same day as Graham Bell did. By sheer chance, Graham‘s lawyer‘s turn to file the papers came first. Hence, Graham was granted the first patent for the telephone. It is not easy, and at times almost impossible, for an inventor to be an innovator too. There are very few like Thomas Edison who graduated from being an incredible inventor to a successful manufacturer and businessman with brilliant marketing skills. While innovations that have helped to enhance the quality of life are laudable, equally laudable are the inventions that laid the foundation of these very innovations. 

Which of these words is the antonym of laudable? 


Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980’s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.

Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.

In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.

Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.

However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980’s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on uponinternally trained managers. This has led to rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.

The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations.

Which of the following is absolutely true, about the Japenese education system, according to the passage?


Paragraph: On the surface, the conquest of the Aztec empire by Herman Cortes is one of the most amazing military accomplishments in history. With a small fighting force numbering in the hundreds, Cortes led the Spanish explorers into victory against an Aztec population that many believe topped 21 million. In light of such a seemingly impossible victory, the obvious question is: how did a small group of foreign fighters manage to topple one of the world's strongest, wealthiest, and most successful military empires? 
Several factors led to Cortes' success. First, the Spanish exploited animosity toward the Aztecs among rival groups and convinced thousands of locals to fight. In one account of a battle, it is recorded that at least 200,000 natives fought with Cortes. Next, the Spanish possessed superior military equipment in the form of European cannons, guns, and crossbows, leading to effective and efficient disposal of Aztec defenses. For example, Spanish cannons quickly defeated large Aztec walls that had protected the empire against big and less technically advanced armies.

Despite the Spanish advantages, the Aztecs probably could have succeeded in defending their capital city of Tenochtitlan had they leveraged their incredible population base to increase their army's size and ensured that no rogue cities would ally with Cortes. In order to accomplish this later goal, Aztec leader Motecuhzoma needed to send envoys to neighboring cities telling their inhabitants about the horrors of Spanish conquest and the inevitability of Spanish betrayal.

In addition, the Aztecs should have exploited the fact that the battle was taking place on their territory. No reason existed for the Aztecs to consent to a conventional battle, which heavily favored the Spanish. Motecuhzoma's forces should have thought outside the box and allowed Cortes into the city, only to subsequently use hundreds of thousands of fighters to prevent escape and proceed in surprise "door-to-door" combat. With this type of battle, the Aztecs would have largely thwarted Spanish technological supremacy. However, in the end, the superior weaponry of the Spanish, the pent-up resentment of Aztec rivals, the failure of Aztec diplomacy, and the lack of an unconventional Aztec war plan led to one of the most surprising military outcomes in the past one thousand years.

The author implies which of the following about the nature of Aztec regional influence and power?


Paragraph: I felt the wall of the tunnel shiver. The master alarm squealed through my earphones. Almost simultaneously, Jack yelled down to me that there was a warning light on. Fleeting but spectacular sights snapped into and out of view, the snow, the shower of debris, the moon, looming close and big, the dazzling sunshine for once unfiltered by layers of air. The last twelve hours before re-entry were particular bone-chilling. During this period, I had to go up into command module. Even after the fiery re-entry splashing down in 81o water in south pacific, we could still see our frosty breath inside the command module.

The statement that the dazzling sunshine was "for once unfiltered by layers of air" means


Paragraph: Many great inventions are initially greeted with ridicule and disbelief. The invention of the airplane was no exception. Although many people who heard about the first powered flight on December 17, 1903 were excited and impressed, others reacted with peals of laughter. The idea of flying an aircraft was repulsive to some people. Such people called Wilbur and Orville Wright, the inventors of the first flying machine, impulsive fools. Negative reactions, however, did not stop the Wrights. Impelled by their desire to succeed, they continued their experiments in aviation.

Orville and Wilbur Wright had always had a compelling interest in aeronautics and mechanics. As young boys they earned money by making and selling kites and mechanical toys. Later, they designed a newspaper-folding machine, built a printing press, and operated a bicycle-repair shop. In 1896, when they read about the death of Otto Lilienthal, the brothers' interest in flight grew into a compulsion.

Lilienthal, a pioneer in hang-gliding, had controlled his gliders by shifting his body in the desired direction. This idea was repellent to the Wright brothers, however, and they searched for more efficient methods to control the balance of airborne vehicles. In 1900 and 1901, the Wrights tested numerous gliders and developed control techniques. The brothers' inability to obtain enough lift power for the gliders almost led them to abandon their efforts.

After further study, the Wright brothers concluded that the published tables of air pressure on curved surfaces must be wrong. They set up a wind tunnel and began a series of experiments with model wings. Because of their efforts, the old tables were repealed in time and replaced by the first reliable figures for air pressure on curved surfaces. This work, in turn, made it possible for the brothers to design a machine that would fly. In 1903 the Wrights built their first airplane, which cost less than $1,000. They even designed and built their own source of propulsion-a lightweight gasoline engine. When they started the engine on December 17, the airplane pulsated wildly before taking off. The plane managed to stay aloft for 12 seconds, however, and it flew 120 feet.

By 1905, the Wrights had perfected the first airplane that could turn, circle, and remain airborne for half an hour at a time. Others had flown in balloons and hang gliders, but the Wright brothers were the first to build a full-size machine that could fly under its own power. As the contributors to one of the most outstanding engineering achievements in history, the Wright brothers are accurately called the fathers of aviation.

People thought that the Wright brothers had ________


Passage in this section is followed by a group of question which is to be answered on the basis of what is stated or implied in the passage. For some questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question and blacken the corresponding space.

One of the most prolific authors of all time, Isaac Asimov was influential both in science fiction and in the popularization of science during the twentieth century, but he is also justly famous for the scope of his interests. Although the common claim that Asimov is the only author to have written a book in every category of the Dewey decimal system is untrue, its spirit provides an accurate picture of the man: a dedicated humanist who lauded the far-reaching power of reason. His most famous work, the Foundation trilogy, can be read as an illustration of Asimov’s belief in reason and science, but even while he expressed that belief, science itself was calling it into question.

Foundation describes a time in which a vast Empire spanning the galaxy is on the verge of collapse. Its inevitable doom is a consequence not of its size, but of the shortsightedness of its leaders. In this environment, a scientist named Hari Seldon devises an all encompassing plan to help human civilization recover from the trauma of the Empire’s coming collapse. Using mathematics, Seldon is able to predict the future course of history for thousands of years, and he takes steps that are geared toward guiding that future in a beneficial direction. The trope of the benevolent and paternalistic scientist shaping existence from behind the scenes, present in much of Asimov’s fiction, is never more explicit than in the Foundation series, which describes with an epic sweep the course and progress of the Seldon Plan. 

As naive and, perhaps, self-serving as the conceit of Foundation may seem to contemporary readers, it retains to some degree its ability of comfort by offering an antidote to the complex and unpredictable nature of experience. Science in Asimov’s time was, in popular conceptions, engaged in just this pursuit: discerning immutable laws that operate beneath a surface appearance of contingency, inexplicability, and change. But even while Asimov wrote, science itself was changing. In Physics, the study of matter at the subatomic level showed that indeterminacy was not a transitory difficulty to be overcome, but an essential physical principle. In Biology, the sense of evolution as steady progress toward better-adapted forms was being disturbed by proof of a past large-scale evolution taking place in brief explosions, of frantic change. At the time of Asimov’s death, even Mathematics was gaining popular notice for its interest in chaos and inexplicability. Usually summarized in terms of the so-called ‘butterfly effect’, chaos theory showed that perfect prediction could take place only on the basis of perfect information, which was by nature impossible to obtain. Science had dispensed with the very assumptions that motivated Asimov’s idealization of it in the Seldon Plan. Indeed, it was possible to see chaos at work in Foundation itself: as sequels multiplied and began to be tied into narrative threads from Asimov’s other novels, the urge to weave one grand narrative spawned myriad internal inconsistencies that were never resolved.

With respect of the Seldon Plan, the author’s attitude can most properly be described as 


Read the given passage carefully and answer the questions that follow.

There is a fairly universal sentiment that the use of nuclear weapons is clearly contrary to morality and that its production probably so, does not go far enough. These activities are not only opposed to morality but also to the law if the legal objection can be added to the moral, the argument against the use and the manufacture of these weapons will considerably be reinforced. Now the time is ripe to evaluate the responsibility of scientists who knowingly use their expertise for the construction of such weapons, which has deleterious effect on mankind.

To this must be added the fact that more than 50 percent of the skilled scientific manpower in the world is now engaged in the armaments industry. How appropriate it is that all this valuable skill should be devoted to the manufacture of weapons of death in a world of poverty is a question that must touch the scientific conscience.

A meeting of biologists on the Long-Term Worldwide Biological consequences of nuclear war added frightening dimension to those forecasts. Its report suggested that the long biological effects resulting from climatic changes may at least be as serious as the immediate ones. Sub-freezing temperatures, low light levels, and high doses of ionizing and ultraviolet radiation extending for many months after a large-scale nuclear war could destroy the biological support system of civilization, at least in the Northern Hemisphere. Productivity in natural and agricultural ecosystems could be severely restricted for a year or more. Post war survivors would face starvation as well as freezing conditions in the dark and be exposed to near lethal doses of radiation. If, as now seems possible, the Southern Hemisphere were affected also, global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the earth’s animals, plants and microorganisms seem possible.

The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.

It appears from the passage that the use of nuclear weapons is considered against morality by 


The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied in the passage.

Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: "Any killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. All participants in the felony were guilty of a murder-actual killer and non-killer confederates.

Proponents of the rule argued that it was justified because the felony demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime was murder either because of a conclusive presumption of malice or simply by force of statutory definition. 

Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the felony during the later flight from the scene; or a third party killed another (police officer killed a citizen or vice versa; or a victim died of a heart attack 15 -20 minutes after the robbery was over or the person killed was an accomplice in the felony).

Attacks on the rule have come from all directions with basically the same demand -reevaluate and abandon the archaic legal fiction; restrict and limit vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent, and initiate legislative modifications. With the unstable history of the felony -murder rule, including its abandonment by many jurisdictions in this country, the felony -murder rule is dying a slow but certain death.

According to the passage, the decline of support for the felony –murder rule is indicted by the abandoning of the rule in all of the following locations EXCEPT 


Choose the word that is opposite in the meaning of the given word.

Dissemination


Read the given passages and answer the question with the help of the information provided in the passage.

Today, with a Noble Prize to its credit, Grameen is one of the largest microfinance organisations in the world. It started out lending small sums to poor entrepreneurs in Bangladesh to help them grow from a subsistence living to a livelihood. The great discovery its founders made was that even with few assets, these entrepreneurs repaid on time. Grameen and micro-finance have since become financial staples of the developing world. Grarneen's approach, unlike other micro-financers, uses the group-lending model. Costs are kept down by having borrowers vet one another, tying together their financial fates and eliminating expensive loan offices entirely. The ultimate promise of Grameen is to use business lending as a way for people to lift themselves out of poverty. Recently, Grameen has taken on a different challenge by setting up operations in the US Money may be tight in the waning recession but it is still a nation of 100000 bank branches. Globally, the working micro-finance equation consists of, borrowing funds cheaply and keeping loan defaults and overhead expenses sufficiently low. Microlenders, including Grarneen, do this by charging colossal interest rates-as high as 60% or 70% which is necessary to compensate for the risk and attract bank funding. 

But, loans at rates much above the standard 15% would most likely be attacked as usurious in America. So, the question is whether there is a role for a third world leader in the world's largest economy? Grameen America believes that in a few years it will be successful and turn a profit thanks to 9 million US households untouched by mainstream banks and 21 million using the likes of payday loans and pawn shops for financing. But enticing the unbanked won't be easy. Alter all, profit has long eluded micro-financiers and if it is not lucrative, it is not microlending, but charity. When Grameen first went to the US, in the late 1980s. it tripped up. Under Grameen's fuselage, banks started microloans to entrepreneurs with a shocking 30% loss. But, Grameen America says that this time results will be different because Grameen employees themselves will be making the loans, not training an American bank to do it. More often than not, the borrowers, Grameen finds, in the US already have jobs (as factory workers e.g.) or side businesses-selling toys. cleaning houses, etc. The loans from Grameen, by and large, provide a steadier source of funding, but they don't create businesses out of nothing. But, money isn't everything. More importantly, for many entrepreneurs, group members are tremendous sources of support to one another. So, even if studies are yet to determine if Grameen is a clear-cut pathway out of poverty it still achieves something useful.

What has adversely affected the success of microfinance institutions in the US?


Read the given passages and answer the question with the help of the information provided in the passage.

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of a community's sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both "in the law" and ''outside the law" so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts and the like. Consider, for example, a statute providing that "no vehicles shall be taken into public parks." Suppose that no specific rationales or purposes were explicitly written into the statute, but that it was clear (from its legislative history) that the substantive purpose of the statute was to ensure quiet and safety in the park. Now suppose that a veterans' group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on the park's quiet and safety. Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule - that a Will is invalid for lack of proper witnessing - has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will's validity or enforcement. Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

It can be inferred from the passage that English judges would like to find the veterans' group discussed in the second paragraph guilty of violating the statute because


Read the given passages and answer the question with the help of the information provided in the passage.

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of a community's sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both "in the law" and ''outside the law" so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts and the like. Consider, for example, a statute providing that "no vehicles shall be taken into public parks." Suppose that no specific rationales or purposes were explicitly written into the statute, but that it was clear (from its legislative history) that the substantive purpose of the statute was to ensure quiet and safety in the park. Now suppose that a veterans' group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on the park's quiet and safety. Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule - that a Will is invalid for lack of proper witnessing - has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will's validity or enforcement. Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

The author of the passage suggests that in English law, a substantive interpretation of a legal rule might be warranted under which one of the following circumstances?


Read the given passages and answer the question with the help of the information provided in the passage.

Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared to be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: '1\ny killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. all participants in the felony were guilty of murder actual killer and non-killer confederates. Proponents of the rule argued that it was justified because the felony demon treated a lack of concern for human life by the commission of a violent and dangerous felony and that the crin1e was murder either because of a conclusive presumption of malice or simply by force of statutory definition. Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the Felony during the later flight from the scene, or a third party killed another (police officer killed a citizen or vice versa, or a victim died of a heart attack 15-20 minutes after the robbery was over, or the person killed was an accomplice in the felony). Attacks on the rule have come from all directions with basically the same demand - re-evaluate and abandon the archaic legal fiction; restrict and F it vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent and initiate legislative modifications. With the unstable history of the felony - murder rule, including its abandonment by many jurisdictions in this country, the felony-murder rule is dying a slow but certain death. 

The felony-murder rule was developed in order to


Read the given passages and answer the question with the help of the information provided in the passage.

Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared to be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: '1\ny killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. all participants in the felony were guilty of murder actual killer and non-killer confederates. Proponents of the rule argued that it was justified because the felony demon treated a lack of concern for human life by the commission of a violent and dangerous felony and that the crin1e was murder either because of a conclusive presumption of malice or simply by force of statutory definition. Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the Felony during the later flight from the scene, or a third party killed another (police officer killed a citizen or vice versa, or a victim died of a heart attack 15-20 minutes after the robbery was over, or the person killed was an accomplice in the felony). Attacks on the rule have come from all directions with basically the same demand - re-evaluate and abandon the archaic legal fiction; restrict and F it vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent and initiate legislative modifications. With the unstable history of the felony - murder rule, including its abandonment by many jurisdictions in this country, the felony-murder rule is dying a slow but certain death. 

In which of the following situations, would the defendant not be liable to the charge of murder under the felony-murder rule?


Read the given passages and answer the question with the help of the information provided in the passage.

Once upon a time, there was a royal elephant that used to reside in the premises of the king's palace. The elephant was very dear to the king, so he was well-fed and well treated. There was also a Dog who lived near the Elephant's shed. He was very weak and skinny. He was always fascinated by the smell of rich sweet rice being fed to the royal elephant. One day, the Dog could no longer resist the aroma of the rice and somehow managed to sneak into the Elephant's shed. He ate the grains of sweet rice that fell from the Elephant's mouth. He liked the rice so much, that he started going there daily to eat the rice. For days, the huge Elephant didn't notice the small dog as he was busy enjoying the delicious food. Gradually, the Dog grew bigger and stronger eating such rich food. Finally, the Elephant noticed him and allowed him access to the food. The Elephant enjoyed the company of the Dog and started sharing his food with him. They also started spending time with each other and soon became good friends. They ate together, slept together and played together. While playing, the Elephant would hold the Dog in his trunk and swing him back and forth. Soon neither of them was happy without the other. They became great friends and didn't want to be separated from each other.

Then one day, a man saw the Dog and asked the Elephant-keeper, "I want to buy this Dog. What price do you want for it?" The Elephant keeper didn't own the Dog but sold it and extracted a sum of money from this deal. The man took the Dog to his home village, which was quite far away. The King's Elephant became very sad after this incident. He missed his friend a lot and started neglecting everything. He didn't want to do anything without his dear friend, so he stopped eating, drinking and even bathing. Finally, the Elephant-keeper reported this to the King; however, he didn't mention anything about the Dog. The King had a wise minister, who was known for his keen understanding of animals. The King ordered the minister, "Go to the Elephant shed and find out the reason for the Elephant's condition". The intelligent minister went to the Elephant's shed and found the Elephant very sad. He examined the Elephant and asked the Elephant keeper, "There is nothing wrong with this Elephant's body, then why does he look so sad?" I think this Elephant is grief-stricken, possibly due to the loss of a dear friend.

Do you know if this Elephant shared a close friendship with anyone? The Elephant-keeper said, "There was a Dog who used to eat, sleep and play with the Elephant. He was taken by a stranger three days ago''. The minister went back to the King and said, "Your majesty, in my opinion, the royal Elephant is not sick, but he is lonesome without his dear friend, the Dog". The King said, "You're right, friendship is one of the most wonderful things of life. Do you know where that ·Dog is?" The Minister replied, "Elephant keeper has informed me that a stranger took him away and he doesn't know his whereabouts". The King asked, "how can we bring back my Elephant's friend and make him happy again?" The Minister suggested, "Your Majesty, make a declaration that whoever has the dog that used to live at the royal Elephant's shed will be penalised". The King did the same and the man who had taken the dog, instantly turned him loose when he heard the proclamation. As soon as he was freed, the Dog ran back as fast as he could to the Elephant's shed. The Elephant was so delighted to see the Dog that he picked his friend up with his trunk and swung him back and forth. The Dog wagged his tail, while the Elephant's eyes sparkled with happiness. The King was content to see the Elephant happy once again and rewarded the Minister for his wise judgement. 

What was the Minister's diagnosis of the Elephant's condition?


Read the given passages and answer the question with the help of the information provided in the passage.

The Constitution of the United States protects both property rights and freedom of speech. At times, these rights conflict. The resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather, it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.

In the area of the quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When· persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is "affected with a public interest, it ceases to be private." Throughout the development of Anglo-American law; the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position, the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: The only real purpose and justification of any of these centres is to serve the people in the area - not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve. These doctrines should be applied when accommodation must be made between a shopping centre owner's private property rights and the public's right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: "When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ..... we remain mindful of the fact that the latter occupy a preferred position." 

We can infer from the passage that the author believes that shopping malls in America


Read the given passages and answer the question with the help of the information provided in the passage.

Thomas Edison was born in 1847 In Milan, Ohio. He was nicknamed 'Al' at an early age. At age 11, Edison moved to Michigan where he spent the remainder of his childhood. Thomas Edition struggled at school but learned to love reading and conducting experiments from his mother who taught him at home. At age 15, Edison became a 'tramp together', sending and rece1vrng messages via Morse code, an electronically-conveyed alphabet using different clicks for each letter. In 1870, Edison moved to New York City and improved the stock ticker. He soon formed his own company that manufactured the new stock tickers. He also began working on the telegraph and invented a version that could send our messages at once. Edison then moved with his family to New Jersey where he started his famous laboratory. In 1877, Edison, with help from 'muckers', individuals from around the world looking to make fortune in America, invented the phonograph. The phonograph was a machine that recorded and played back sounds. In 1878, Edison invented the light bulb as well as the power grid system, which could generate electricity and deliver it to homes through a network of wires. He subsequently started the Edison Electric Light Company in October of 1878. Edison continued to invent or improve products and make significant contributions to X-ray technology, storage batteries and motion pictures (movies). Edison was a prolific inventor, holding 1,093 US patents in his name, as well as many patents in the United Kingdom, France, and Germany. 

Who is a 'mucker'?


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