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In this Question Problem Consists of a Set of Rules and Facts. Apply the Specified Rules to the Set of Facts and Answer the Question. in Answering the Following Question - Legal Reasoning

Question

MCQ

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 
Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.

Rule B: When a State undertakes any measure, everyone affected must have an equal chance to benefit from it.

Facts 100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy snow. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes. As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die. If you were the judge required to apply Rule A, you would decide that:

Options

  • As many lives must be saved as possible

  • If everyone cannot be rescued, then everyone must be left behind

  • A measure cannot be upheld at the cost of 50 lives

  • It must be left to those who are trapped to decide if they want half amongst them to be saved and leave the rest to die

Solution

It must be left to those who are trapped to decide if they want half amongst them to be saved and leave the rest to die

Concept: Legal Fundamentals and Terms (Entrance Exams)
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