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AILET entrance exam Question Bank Solutions for Legal Reasoning

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Legal Reasoning
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Responsibility for Payment of wages is covered under section ____ of Payment of Wages Act

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Under which Act can action be taken against wilful defaulters of banking loans?

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The correct sequence in ascending order of their creation of the following international institution is:

  1. WTO
  2. GATT
  3. UNCTAD
  4. NAFTA
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The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): International law is not law at all.

Reason (R): International law has no judicial system to enforce the law by applying sanctions.

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Local self-governance is an example of

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Principle:

  1. A defamatory statement is one which is intended to or likely to cause a person to be shunned or avoided in the society.
  2. Communicating a false and defamatory statement to a person other than the person about whom the statement is made; is a punishable offense.

Facts: Amit had been suffering from severe ear-ache and head-ache for a week and so he went to an ENT specialist DoctorSunil Babu. Even after consuming medicines prescribed by Doctor Babu for over a week; Amit did not experience any relief. When he went to Doctor Babu's clinic; he was asked by the receptionist to wait for an hour. After waiting for an hour; he was told by another receptionist that Doctor Babu was out of the station. Annoyed at this, he told the receptionist that Doctor Babu should not be negligent in respect of his patients.

Is Amit's remark defamatory?

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Principles:

  1. The word animal denotes any living creature, other than human being.II.
  2. Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief.III.
  3. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of value, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.IV.
  4. Nothing is an offense which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a law Latin a lawful manner by lawful means and with proper care and caution.

Facts: Rajat is on the brink of treating the dangerous new pug flu, which is claiming lives worldwide. However, he is told by a friend one day, that Kunal, another scientist living in the city, has made tremendous progress in discovering a cure as well. Feeling his potential success and fame being thwarted, Rajat visits Kunal on the pretext of discussing a possible collaboration. Kunal, genuinely interested in the offer, tells that he has isolated virus that are kept in his personal lab, which have shown strong potential for developing a cure. He also tells him that since the virus outside a human and animal are not considered alive, they do not run the risk of the virus spread unless any such human or animal enters the lab. Listening to this, he tells Kunal that he will do background reading on the virus and contact Kunal later. That same night, Rajat returns, breaks the lock of Rajat's lab, enters the lab and increases the temperature of the section holding the viruses so much, that all the viruses are destroyed. Rajat is caught in the CCTV camera and charged with mischief. Does Rajat's act include committing mischief?

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Principles:

  1. The word animal denotes any living creature, other than a human being.
  2. Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief.
  3. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of value, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
  4. Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a law Latin a lawful manner by lawful means and with proper care and caution.

Facts: Unknown to either Rajat or Kunal, Kunal's pet dog, a pug had entered the section of the lab with the virus on Kunal's last visit to the lab. It was in the section when Rajat broke in and increased the temperature. The pug died due to the heat. Is Rajat liable to punishment under Principle 3 above?

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Principle: The standard of care is such a degree of care as a normally skillful member of the medical profession may reasonably be expected to exercise in actual circumstances of the case in question.
Facts: Ms. Roze had difficulty in digesting food. She consulted Dr. Dhingra who after running several tests, recommended surgery for removing bowel obstruction. During the surgery, Dr. Dhingra accidentally left his towel inside Ms. Roze's stomach. Ms.Roze had to suffer grave complications and seizures. Ms. Roze ultimately died a year after her surgery. The autopsy revealed a towel in her stomach. Her heirs decided to sue the doctor for medical negligence. Can they proceed with the suit?

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Principles: Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished.
Facts: Two adult men were found engaged in carnal intercourse by the police. The police arrested the men and produced them before the court.

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Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other's cost.
FACTUAL SITUATION: X, a patient suffering from fibroids in her uterus approached KLM Medical Institute. X was suggested to undergo surgery to remove the fibroids from her uterus. The operation was successfully performed and X was discharged after few days. One of the researchers of the KLM institute discovered some rare and unique cells in the fibroids to x and using these cells, the laboratory of KLM developed some life-saving drugs and earned rupees twenty crores from a leading international Pharma Company. When X came to know about it, she claimed five crores from the Institute.
DECISION:

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Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
  2. The statement must tend to lower the claimant in the estimation of right-thinking members of society.
  3. A mere vulgar abuse is not defamation.
  4. Sometimes a statement may not be defamatory on the face of it but contain an innuendo, which has a defamatory meaning.
  5. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
Factual Situation: In May 2017, a memorial commemorating the women of World War II was vandalized during an anti-government demonstration following the General Election. An offensive political slogan was spray-painted across the plinth of the memorial. This act caused public outrage and widespread condemnation. On Twitter, a political writer, Asha Mehta said that she did not have a problem with the vandalism of the memorial building. Chandna reacted to this negatively, suggesting that Asha should be sent to join Terrorist Organization. Asha's comments and Chandna's reactions both received national media coverage. A few days later, Chandna published a tweet asking the question "Scrawled on any war memorials recently?" to Anshika Chauhan, another political activist. Anshika Chauhan responded stating that they had never vandalised any memorial building, and moreover had family members serving in the armed forces. Chandna followed with a second tweet, in which she asked if someone could explain the difference between Mehta (an "irritant") and Anshika Chauhan (whom she described as "social anthrax"). Anshika Chauhan asked for a retra~tion via Twitter and was promptly blocked by Chandna. Anshika Chauhan asked Chandna to make a public apology and claimed compensation for libel alleging that the First Tweet suggested that she had either vandalised a war memorial, which was a criminal act; and the Second Tweet suggested that she approved or condoned that vandalisation. What is the meaning of the Tweets and whether those meanings had defamatory tendency?
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Which judge tried Mahatma Gandhi’s assassination case?

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Consider the following statements:

  1. Fast Track Courts are being set up on the recommendation of the 12th Finance Commission.
  2. Fast Track Courts take up Sessions cases pending for two years or more and the cases of undertrials in jails.

Which of the statements given above is/are correct?

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To which one of the following funds are salary and allowances of the Judges of High Court of a State charged?

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What cases were MC Mehta vs. Union of India dealing with?

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In which case it was held by the Supreme Court that ‘preamble is the basic feature of the constitution’

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The Government establishes Gram Nyayalaya for every:

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A person can move to the Supreme Court under Article __________ directly in case of his violation of fundamental rights.

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A major failure of the judicial system in the country has been its ineffectiveness in ensuring speedy disposal of cases under trial. This is out of line of which among the following articles of Constitution of India which provides a right to speedy justice?

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