LLM Question Paper 1

LLM Sample Question Paper includes 50 questions based on LLB course syllabus will be helpful for LLM Entrance Exams Aspirants.

Question: “The stone does not fall in order to fall but because it must fall, because its support is taken away; whilst the man who acts does so, not because of anything, but in order to attain to something. This purpose is as indispensable for the will as the cause is for the stone. As there can be no motion of stone without a cause, so can there be no movement of the will without a purpose.” To whom would you attribute this statement?
(a) J. Stone
(b) Dean Rascoe Pound
(c) Ihering
(d) Bentham
Ans: (c)

Question: Which of the following is the oldest High Court in India?
(a) High Court of Madras
(b) High Court of Calcutta
(c) High Court of Delhi
(d) High Court of Allahabad
Ans: (b)

Question: Iddat under the Muslim law refers to ___.
(a) a false accusation of adultery
(b) a special kind of maintenance to the wife for beetle leaf expenses
(c) waiting period before a woman can remarry
(d) prohibited degrees of relationship
Ans: (b)

Question: The unlawful detention of a person is questioned by the writ of
(a) Habeas Corpus
(b) Certiorari
(c) Quo Warranto
(d) Mandamus
Ans: (a)

Question: Government of India Act 1909 is known as
(a) Montague Chelmsford Reforms
(b) Minto Morley Reforms
(c) Cabinet Mission Plan
(d) Cripps Mission Plan
Ans: (b)

Question: In case of alternative promise, one branch of which is legal and the other illegal –
(a) the promise can be enforced
(b) breach of anyone of them cannot be enforced
(c) legal branch alone can be enforced
(d) with the permission of the court, both branches can be enforced
Ans: (c)

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Question: Whoever, either prior to or at the time of the commission of an act does anything in order to facilitate the commission of that act, and there by facilitates the commission there of, is said to _____
(a) Conspire the doing of that act
(b) Aid the doing of that act
(c) Abet the doing of that act
(d) Instigate the doing of that act
Ans: (b)

Question: A husband cannot claim maintenance from his wife under the ____
(a) Hindu Marriage Act, 1955
(b) Indian Christian Marriage Act, 1872
(c) Parsi Marriage and Divorce Act, 1936
(d) Special Marriage Act, 1954
Ans: (b)

Question: The inadequacy of consideration will be taken into account by the court ______.
(a) when the proposor expresses his desire to get maximum return for the promise
(b) when fraud, coercion or undue influence is pleaded in the formation of the contract
(c) when the promisor performs his promise
(d) at the discretion of the court
Ans: (b)

Question: The principle behind the doctrine of ‘pari delicto’ is that where each party to a contract is equally at fault, the law favours the party which is actually _____.
(a) not in possession
(b) in possession
(c) injured and helpless
(d) owner of the thing concerned
Ans: (b)

Question: Which one of the following constitutes an offer in a self-service store?
(a) display of goods at the shop window
(b) when the customer asks for some goods
(c) there is no offer in such a case
(d) picking up an article and approaching the cashier to make payment
Ans: (d)

Question: The relief of restitution of conjugal rights is not available under the ___
(a) Hindu Marriage Act, 1955
(b) Indian Christian Marriage Act, 1872
(c) Parsi Marriage and Divorce Act, 1939
(d) Special Marriage Act, 1939
Ans: (b)

Question: A marriage between a Christian woman and a Hindu man solemnized under the Hindu Marriage Act, 1955 is _____
(a) void, since marriage between two Hindus only is permissible under the above legislation
(b) valid, as in a secular country like India all kinds of marriages are permissible
(c) valid, as the caste of a woman changes after marriage
(d) void, as the marriage must be solemnized as per the rites of the bride’s community
Ans: (a)

Question: The dissolution of marriage initiated at the instance of a Muslim woman under the classical Muslim law is called ____
(a) Khula
(b) Maher
(c) Iddat
(d) Mubaarat
Ans: (a)

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Question: “V” places an order with “S” for supply of 20 sewing machines. “S” could not supply them in time. “V” losses a profitable contract due to non-receipt of the machines in time and claimed his loss of profits from “S”. “V” will fail in claim because the nature of loss is ____
(a) remote
(b) ordinary
(c) foreseeable
(d) special
Ans: (d)

Question: If both the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be ____
(a) unenforceable
(b) void
(c) voidable
(d) illegal
Ans: (b)

Question: A contract of employment provided that the employer shall have power to terminate the services of his employees by giving three months’ notice. The contract is _____
(a) valid, as both parties had voluntarily accepted it
(b) void, as the same is against public policy
(c) void, as the same is arbitrary and against the employee
(d) valid, as the employee gets adequate notice before termination of service
Ans: (b)

Question: Which one of the following is a correct statement?
(a) The government is not bound by the promises made by its servants
(b) The government is bound by all promises made by its servants
(c) The government is bound by promises made by its servants which are beneficial to it
(d) The government is bound by the promises made by its servants which have been relied and acted upon by the other party
Ans: (d)

Question: Which one of the following conditions must be satisfied for making claim under “necessaries” supplied to a person who is incapable of contracting?
(a) the articles supplied must be necessaries
(b) the articles supplied should be necessaries at the time of sale and delivery
(c) necessaries must have been supplied gratuitously out of mere kindness
(d) necessaries should be supplied only to a person who is ill
Ans: (a)

Question: ‘A’ saw a ring belonging to ‘Z’ on a table in the house of ‘Z’. ‘A’ removes the ring. What offence has been committed?
(a) theft
(b) cheat6ing
(c) mischief
(d) misappropriation
Ans: (a)

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Choose the most appropriate answer:

Question:
Principle: A master is liable for the wrongful acts of his servants committed in the course of employment.
Factual Situation: An employer asked his servant to deliver a letter at a friend’s residence. After delivering the letter, while the servant was going back to his work place, he found another friend standing at a shop by the side of the road. To meet the friend, he stopped the cycle. After meeting the friend, he proceeded towards his workplace. Suddenly, his bicycle hit a boy who jumped on to the road. The boy sustained injuries
(a) The employer is not liable as his employee stopped the cycle for an unofficial purpose and the delay was the cause of the accident.
(b) The employer is not liable as the servant was returning after delivering the letter as directed by the employer and hence not in the course of his employment.
(c) The employer is not liable as the servant might not have been careful in using his cycle.
(d) The employer is liable as the accident took place in the course of the employment of the servant.
Ans: (d)

Question:
Principle: Every manufacturer of consumable articles is liable to take care to manufacture such articles with due care and without negligence so that the ultimate consumer is not adversely affected by the products.
Factual Situation: A, with the intention of buying a pair of shoes, went to a retail shop and asked for a pair of shoes. The retailer gave A, a pair of shoes manufactured by Z & Co., to try out. While trying to put on the shoes A’s leg was cut by a nail that was inside the shoes, left by workers of the manufacturing company. A sustained injuries and had to be treated in a hospital. A wants to file a case against Z & Co.
(a) Z & Co. is not liable as A has not bought the pair of shoes.
(b) Z & Co. is liable as A was given the pair of shoes to try out by the retailer without checking the same.
(c) Z & Co. is liable as A was a prospective buyer and hence the company is liable.
(d) Z & Co. is not liable as shoes is not an article for consumption.
Ans: (c)

Question:
Principle: No person has a remedy if he has himself consented or volunteered to incur the risk.
Factual Situation: A and B are workers in the Metro Rail construction working in two different sections. One day both of them decided to go for a movie at 6:00 pm, after their work. A completed the task assigned to him by the management by about 5:00 pm while B could not complete his work even at 5:30. B requested A to help him to complete the work so as to enable them to go for the movie as planned.
A agreed and started work. Suddenly an electrical transformer at the work site exploded and both A and B got injured. Both A and B claim compensation for the injury from the employer.
(a) Neither A nor B will get any compensation because the injury was due to the explosion of an electrical transformer.
(b) A will not get any compensation as he took a risk to assist B.
(c) A will get compensation because B asked A to assist him and hence A did not take any risk voluntarily.
(d) Both A and B will get compensation as both of them were working for their employer.
Ans: (b)

Question:
Principle: Everybody is under a legal obligation to take reasonable care to avoid acts or omissions which one can foresee would injure his neighbour.
Factual Situation: A, while rushing to catch a moving bus pushed B, a stranger, who was walking ahead of A with a heavy packet. As a result B fell down and a precious glass chandelier in the packet completely got shattered into pieces. B files a suit for compensation from A.
(a) A is not liable because he did not foresee that the packet contained any breakable item.
(b) A is not liable because B was not his neighbour.
(c) A is liable as he should not have rushed towards a moving vehicle.
(d) A is liable as he was under an obligation not to push B.
Ans: (d)

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Question:
Principle: There is a legal principle that he who does an act through another is deemed to do it himself. However, the State is not liable for the acts of its servants when the act is done in the exercise of sovereign functions or acts of state.
Factual Situation: The opposition parties in a State in India organized a Raj Bhavan march against the policies of the ruling party. The Police stopped the rally at a point, one kilo metre from the Raj Bhavan gate. The opposition members were shouting slogans against the government and were in a mood to break the barricade raised by the police. At this point a police driver drove a police van towards the mob, in a rash manner to frighten the party members. Some of the men of the rally got severely injured in this process.
(a) The State is liable as the police driver’s act cannot be deemed to be an act of state.
(b) The State is not liable as the police driver’s act can be deemed to be an act of state.
(c) The State is liable as the police was preventing the opposition members from reaching the Raj Bhavan.
(d) The State is not liable as the police driver’s act is a sovereign act.
Ans: (a)

Question:
Principle: Whoever brings some dangerous thing into his premises and keeps it in his custody will be liable for any loss occurring to others due to the escape of the said dangerous thing.
Factual Situation: P, a manufacturer of carbonated drinks, brings five cylinders of carbon dioxide into his factory. In the night when the factory was closed, the rack on which the cylinders were stored collapsed due to some manufacturing defects.
The cylinders fell down and exploded. As a result of the explosion, P’s factory wall collapsed and a neighboring paint factory caught fire due to the presence of some chemicals in that factory. R, the paint factory owner wants to sue P for compensation for the loss he incurred.
(a) R will not succeed as P did not do anything to injure R.
(b) R will succeed as P is responsible for all the deeds in his premises
(c) R will not succeed because carbon dioxide is not such a dangerous thing to cause damage to others.
(d) R will succeed only if he files a suit against the manufacturers of the defective rack which was the root cause of his loss.
Ans: (b)

Question:
Principle: An occupier of a premises owes a duty of care to all his invitees and visitors.
Factual Situation: P was the owner of a big plot with a bungalow surrounded with a compound wall. He was constructing a lotous pond by the side of the drive way. Since the work was in progress, the contractor used to cover the pond with bamboos and gunny bags. One day the local postman who came to the bungalow to deliver a letter fell into the pond. The postman filed a suit for compensation against P.
(a) P is not liable as he did not do anything to injure the postman.
(b) P is not liable as he did not invite the postman into his premises.
(c) P is liable as the postman came to his premises in the course of his duty.
(d) P is liable as the contractors men negligently covered an area under construction with gunny bags.
Ans: (c)

Question:
In law of torts, when an act is done under the authority of a statute –
(a) it is a complete defence
(b) it is a complete defence for obvious harms resulting from the act
(c) it is a complete defence for obvious harms as well as the incidental harms resulting from the act
(d) It is complete defence for obvious harms as well as incidental harms resulting from the act when it is not done negligently
Ans: (d)

Question:
Treaty, in principle, binds the State Parties to the treaty. A State becomes party to the treaty by –
(a) signing the treaty
(b) by ratifying or acceding to the treaty
(c) by enacting domestic legislation implementing the treaty
(d) by enforcing the treaty by conduct
Ans: (b)

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Question:
In India, treaty-making is –
(a) a legislative act
(b) an executive act
(c) judicial act
(d) none of the above
Ans: (b)

Question: A bilateral agreement with another country to cede Indian territory in favour of a foreign country can be enforced –
(a) by a Parliamentary legislation
(b) by amending the Constitution under Article 368 of the Constitution
(c) by an executive order
(d) on the basis of advice of the Supreme Court received under Article 143 of the Constitution
Ans: (b)

Question: Under which of the following situations an individual can petition before the Human Rights Committee?
(a) Universal Declaration of Human Rights
(b) International Covenant on Civil and Political Rights
(c) International Covenant on Economic, Social and Cultural Rights
(d) Optional Protocol to Covenant on Civil and Political Rights
Ans: (d)

Question: Which of the following maxims means that treaty obligations must be performed by the parties in good faith?
(a) pacta sunt servanda
(b) rebus sic stantibus
(c) pacta terries nec nocent nec prosunt
(d) jus cogens
Ans: (a)

Question: Who amongst the following is not a positivist?
(a) Vattel
(b) Bynkershoek
(c) Hegel
(d) Zorn
Ans: (a)

Question: Which of the following sources does not find a place in Article 38(a) of the Statute of International Court of Justice?
(a) General principles of law recognized by civilized nations
(b) Equity
(c) Judicial decisions
(d) Teachings of the most highly qualified publicists
Ans: (b)

Question: Who was of the opinion that there was no real distinction between state law and international law. Both systems bound individuals, although international law as a matter of technique did so only mediately and through the concept of state:
(a) Kelsen
(b) Triepel
(c) Anzilotti
(d) Suarez
Ans: (a)

Question: A suit lies against the Government for death or injury caused to a person by police atrocities as held in _____.
(a) D.K. Basu v. State of West Bengal
(b) Saheli v. Commissioner of Police
(c) Bhim Singh v. State of J. & K.
(d) A.K. Gopalan v. State of Madras
Ans: (b)

Question: Who was described as the “father of the law of nations”?
(a) Ayala
(b) Suarez
(c) Gentilis
(d) Grotious
Ans: (d)

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Question: To constitute criminal conspiracy –
(a) there must not be at less than five persons
(b) there must not be less than two persons
(c) one person alone can hatch conspiracy
(d) all conspirators must actually commit an offence
Ans: (b)

Question: Ram is attacked by a mob which tries to kill him. He grabs a gun from a member of the mob and fires. One of the gun shots hits the head of a child in the mob killing him instantaneously. What offence, if any, has been committed by Ram?
(a) Murder
(b) Culpable homicide
(c) Criminal negligence
(d) No offence has been committed
Ans: (d)

Question: It is the underlying motive that prompts a person to form an intention. What is the relevance of motive in affixing criminal liability?
(a) Relevant
(b) Irrelevant
(c) Establishment of motive is a sine qua non for proving liability
(d) Depends on the judge
Ans: (b)

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Question: With a view to causing loss to his employer, an employee throws away a ring given to him by the employer for safe custody. The employee is guilty of –
(a) Criminal negligence
(b) Criminal mischief
(c) Criminal breach of trust
(d) Criminal misappropriation of property
Ans: (c)

Question: A swimmer, standing alongside of a swimming pool, watches a child of five years drowning in the pool. He shouts for help but does not do anything to rescue the child. The swimmer is –
(a) guilty of criminal neglect
(b) liable for non-performance of fundamental duty
(c) liable under civil law for payment of compensation
(d) not guilty at all.
Ans: (d)

Question: The right of ‘private defence’ is –
(a) a punitive right
(b) a protective right
(c) an obligation towards the state
(d) none of the above
Ans: (b)

Question: ‘Legal insanity’ under the Indian law means –
(a) impairment of will faculty
(b) impairment of emotional faculty
(c) impairment of cognitive faculty
(d) none of the above
Ans: (c)

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Question: A divorced Muslim woman in order to remarry her former husband has to observe the procedure of –
(a) Lian
(b) Halala
(c) Iddat
(d) Mubaarat
Ans: (b)

Question: Where one of the spouse is guilty of cruelty, the other spouse cannot obtain divorce on this ground if –
(a) the spouse has committed the act in a fit of anger
(b) the spouse has committed the act in a fit of insanity
(c) the guilty spouse genuinely repents his/her behavior
(d) the aggrieved spouse forgives the guilty party and condones the cruel act
Ans: (d)

Question: The Supreme Court’s directive calling for compulsory registration of marriages was laid down in –
(a) Lily Thomas v. Union of India
(b) Navin Kohli v. Neelu Kohli
(c) Seema v. Ashwini Kumar
(d) Savitri Pandey v. Prem Chand Pandey
Ans: (c)

Question: The children of a void marriage under the Hindu Marriage Act, 1955 are –
(a) legitimate and entitled to inherit property of all relatives
(b) legitimate but entitled to inherit the property of their parents only
(c) illegitimate and entitled to inherit the property of their mother only
(d) illegitimate and entitled to inherit the property of their father only
Ans: (b)

Question: The matrimonial remedy of divorce by mutual consent after one year of separation is not available under the –
(a) Hindu Marriage Act, 1955
(b) Divorce Act, 1869
(c) Parsi Marriage and Divorce Act, 1936
(d) Special Marriage Act, 1954
Ans: (b)

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