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Question
Legal phrase is followed by four meanings. Choose the most appropriate option:
Per incuriam
Options
Mistaken decision
Supremacy of law
Mistaken identity
Supremacy of the Constitution
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Solution
Mistaken decision
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The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.
FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
The question consists of two statements, one labelled as a principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPAL: ignorantia juris nonexcusat and ingnorantia facit excusat
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Etombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transfer. On 28th Nov. 1962 Govemment of India issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the "Manifest" of the aircraft.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
Legal phrase is followed by four meanings. Choose the most appropriate option:
'Jus Gentium’ means:
Mark the best option:
English Law is also known as
Mark the best option:
Who is a consumer under the Consumer Protection Act?
Mark the best option:
To practice in a court
Mark the best option:
Forum non-convenience means –
Mark the best option:
Caveat emptor means –
