MH-SET Previous Question Paper Law 2018 P-II Mock Tests

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This is the full previous question paper from MH-SET 2018 Paper II Law Subject, i.e. the Maharashtra State Eligibility Test examination conducted in 2018 for eligibility for Assistant Professor posts in Maharashtra & Goa.

The official answer key for this question paper, along with other all recent previous papers and 100 Mock tests / model papers with unlimited practice are included in our online MHSET Law Online Practice Pack.

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1# Which of the following are included in the Preamble of the Constitution ?
A# Justice, Liberty and Equity
B# Justice, Liberty and Empowerment
C# Justice, Liberty, Equality and Fraternity
D# Justice, Liberty, Equality and Empowerment

2# To value and preserve the rich heritage of our composite culture is :
A# Directive Principle of State Policy
B# Fundamental Duty
C# Fundamental Right
D# Constitutional Right

3# Read Assertion (A) and Reason (R) and with the help of codes given below, point out correct explanation :
Assertion (A) : According to Article 31-A of the Constitution, no law giving effect to the policy of the state towards securing all or any of the principle laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Article 14 or 19. Reason (R) : Directive Principles are superior to Fundamental Rights.
A# (A) is correct, (R) is false
B# (A) is false, (R) is true
C# Both (A) and (R) are true but (R) is not the correct explanation of (A)
D# Both (A) and (R) are true and (R) is the correct explanation of (A)

4# Match List I with List II and select the correct answer :

List I (Cases)
(a) Mohd. Hanif Qureshi Vs. State of Bihar.
(b) Maneka Gandhi Vs. Union of India
(c) DAV College Jalandhar V?. State of Punjab
(d) Romesh Thappar Vs. State of Madras

List II (Decision)
(1) Freedom of Speech and Expression
(2) Rights to the Minorities
(3) Right to Travel Abroad
(4) Right to carry on any occupation trade or business

Select the answer choice corresponding to the order (a) (b) (c) (d) :
A# (2) (3) (1)(4)
B# (4) (2) (1) (3)
C# (3) (2) (1) (4)
D# (4) (3) (2) (1)

5# Which of the following statements is not correct in relation to Ministers and Council of Ministers ?
A# Ministers shall hold office during the pleasure of the Parliament
B# The Council of Ministers shall be collectively responsible to the House of People
C# Before the Minister enters upon his office, the President shall administer him the oaths of office
D# The salaries and allowances of Ministers shall be such as Parliament may by law determine

6# Which of the following writ is used for compelling a public authority to perform public duty ?
A# Habeas Corpus
B# Quo warranto
C# Mandamus
D# Certiorari

7# Which of the following is a mandatory requirement for issuing the proclamation of emergency by the President ?
A# Recommendation of the Prime Minister
B# Recommendation of Union Cabinet Communicated in oral or written form
C# Recommendation of Home Ministry communicated through the Prime Minister
D# Recommendation of Union Cabinet communicated in the written form

8# The author of ‘The Concept of Law’ :
A# Austin
B# Hart
C# Kelsen
D# Pound

9# According to Prof. Finnis, basic goods are :
A# Objective values
B# Seven
C# Self-evident
D# All of the choices

10# According to Prof. Hart, laws are
A# Commands
B# Rules
C# Norms
D# None of the choices

11# Kant’s ________ says : ‘Act in such a way that the maxim of your action could be made the maxim of a general action’.
A# Principle of solidarity
B# Principle of social action
C# Categorical imperative
D# Principle of common good

12# In most of the Muslim countries, the _____ theory is the basis of penal jurisprudence.
A# Deterrent
B# Preventive
C# Retributive
D# Reformative

13# Will theory of rights was notably propagated by
A# Bentham
B# Hart
C# Jhering
D# Raz

14# In which of the following cases, the ICJ stated : ‘The party which relies on custom of this kind (Regional or local custom) must prove that this custom is established in such a manner that it has become binding on the other party This follows from Article 38 of the statute of the court, which refers to international custom as evidence of general practice accepted as laws.’
A# Temple of Preah Vihear Case, 1962
B# Asylum Case, 1950
C# UN Administrative Tribunal Case, 1954
D# North Sea Continental Shelf Cases, 1969

15# The customary international law is deemed automatically to be part of the common law. This principle is known as
A# Blackstonian doctrine
B# Calvo Clause
C# Jus Cogens
D# Pacta sunt servanda

16# According to which theory/doctrine, it is stated that act of recognition alone confers international personality on an entity purporting to be a state or clothes new government with an authority to enter into international relations ?
A# Declaratory theory
B# Constitutive theory
C# Estrada doctrine
D# Stimson doctrine

17# Which of the following is an incorrect match ?
A# Expulsion from membership of UN – Article 6
B# Admission of new members in UN – Article 3
C# Suspension from membership of UN – Article 5
D# Self-defence – Article 51

18# Which of the following provisions of the UN Charter provides that the parties to any dispute shall seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangement, or other peaceful means of their own choice ?
A# Article 33(1)
B# Article 2(4)
C# Article 39
D# Article 51

19# Which of the following statements is correct ?
A# Human Rights Council replaced UN Commission on Human Rights
B# UN Commission on Human Rights was established by General Assembly
C# Universal Declaration of Human Rights is enforceable as conventional law
D# The economic, social and cultural rights are known as first generation human rights

20# The consensus of opinions among Muslim jurists on any particular rule is called
A# Qiyas
B# Sharia
C# Hadith
D# Ijmaa

21# An unconsummated Muta marriage would entitle the wife to :
A# full dower
B# no dower
C# half dower
D# one-fourth of dower

22# Divorce where a Muslim husband dissolves the marriage by pronouncing talaq three times, is called
A# Talaq-e-Ahsan
B# Talaq-e-Hasan
C# Talaq ul Biddat
D# None of the choices

23# The following law does not have provisions for settlement of property, joint or separate of the spouses :
A# Parsi Marriage and Divorce Act
B# Special Marriage Act
C# Hindu Marriage Act
D# None of the choices

24# A Parsi spouse can file a petition of divorce in the following court :
A# Parsi District Matrimonial Court
B# Civil Courts
C# Before a Parsi Priest
D# Court of Judicial Magistrate First Class

25# Match List I with List II and select the correct answer :

List I (Sources of Hindu Laws)
(a) Yajnavalkya Smriti
(b) Viramitrodaya
(c) Vivad Chintamani
(d) Smriti Chandrika

List II (Authors)
(1) Vijnaneshwara
(2) Vachaspati Misra
(3) Mitra Misra
(4) Deven Bhatta

Select the answer choice corresponding to the order (a) (b) (c) (d) :
A# (1) (3) (2) (4)
B# (3) (2) (4) (1)
C# (2) (3) (1) (4)
D# (1) (2) (4) (3)

26# ‘A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law is someway recognises as a duty.’ This statement was made in :
A# Halsbury’s Laws of England
B# American Restatement of the Law of Contracts
C# Chitty on contracts
D# All of the options are correct

27# Tender is :
A# a promise
B# an offer
C# a counteroffer
D# an invitation to offer

28# A contract entered with a conflict person is :
A# Valid
B# Voidable
C# Void
D# Void ab initio

29# The right of a party to the rescission of voidable contract is subject to the following limitations :
A# Affirmation and lapse of time
B# Injury to third parties
C# Ability to restore
D# All of the choices

30# ‘A’, on board an English ship on the High Seas, causes B to enter, an agreement by an act amounting to criminal intimidation under IPC. Afterwards sues ‘B’ for breach of contract at Calcutta. The contract was under :
A# Coercion
B# Undue influence
C# Fraud
D# None of the choices

31# Legal impossibility means :
A# Performance of a promise impossible by operation of law
B# An agreement to do an impossible act
C# Lex non cogit ad impossibilia
D# All of the choices

32# Forfeiture of Earnest Money Deposit (EMD) relating to tenders under section 5 and 74 of Contract Act amounts to :
A# Penalty
B# Not penalty
C# Compensation for inconvenience
D# Compensation for disappointment

33# The word ‘Tortum’ in its etymological sense means :
A# to restore
B# to infringe
C# to twist
D# to punish

34# Match List I with List II and select the correct answer :

List I (Cases)
(a) Ashby Vs. Whyte
(b) Gloucester Grammar School case
(c) Rylands Vs. Fletcher
(d) Nicholas Vs. Marsland

List II (Grounds)
(1) Vij Major
(2) Injuria sine damno
(3) Damnum sine Injuria
(4) Strict liability

Select the answer choice corresponding to the order (a) (b) (c) (d) :
A# (3) (2) (4) (1)
B# (3) (4) (2) (1)
C# (2) (3) (4) (1)
D# (2) (3) (1) (4)

35# A master is liable for the criminal act of his servant provided it is done by the servant (Choose correct option) :
A# in the course of his employment
B# in the interest of his master
C# both in the course of his employment and in the interest of his master
D# Master can’t be held liable for the criminal act of his servant

36# The servants of the Railway Company, after cutting hedges and grass negligently, left it near the railway line. It was a dry weather. Spark from the railway engine set fire to the heap of grass. Due to high wind the fire was carried to the plaintiff’s cottage which was burnt. In the light of These fact, which of the following statements is correct ?
A# The defendant company was liable for the negligence of their servants though they could not have foreseen the loss to the cottage of plaintiff
B# The defendant company was not liable for the negligence of their servants because they could not have foreseen the loss to the cottage of plaintiff
C# The plaintiff is not entitled for damages because defendant does not owe any duty against him
D# None of the choices

37# In action for negligence the plaintiff has to prove that :
A# The defendant has a legal duty to take care
B# The defendant has breached of the duty
C# The damage to the plaintiff as a result of breach of duty
D# All of the choices

38# In a case, the plaintiff accompanied by a friend, went to a cafe for refreshment. They ordered two slices of ice cream and a bottle of ginger beer. This ginger beer was served in a stoppered bottle of dark. Opaque glass and had been manufactured by the defendant. While pouring the bear, the remains of a decomposed snail (which had apparently found its way into the bottle at the factory) floated out. As a result of the nauseating sight of the snail and the impurities of the ginger beer which the plaintiff had already consumed, she suffered from shock and severe gastro-enteritis. These facts are similar with which of the following case ?
A# Ryland Vs. Fletcher [1868] LR 3 HL 330
B# Donoghue Vs. Stevenson [1932] AC 562
C# Hicks Vs. Faulkner, [1848] 8 QBD 167
D# Quinn Vs. Leathem, [1901] AC 495

39# The essential elements of a crime are :
A# motive, mens rea and actus rea
B# mens rea and actus rea
C# motive, intention and knowledge
D# knowledge, intention and action

40# Motive under Section 81 of IPC should be :
A# Prevention of harm to person
B# Prevention of harm to property
C# Both Prevention of harm to person AND Prevention of harm to property
D# Either Prevention of harm to person OR Prevention of harm to property

41# Right to Private defence of body and of property has been dealt with under :
A# Section 96 of IPC
B# Section 97 of IPC
C# Section 98 of IPC
D# Section 99 of IPC

42# Read Assertion (A) and Reason (R). With the help of codes given below, point out the correct explanation :
Assertion (A) : An assembly of five or more persons is designated an ‘unlawful assembly’ if the common object of the persons composing that assembly is.
Reason (R) : To resist the execution of any law, or of any legal process.
A# (A) is correct, (R) is false
B# (A) is false, (R) is true
C# Both (A) and (R) are true but (R) is not correct explanation of (A)
D# Both (A) and (R) are true and (R) is the correct explanation of (A)

43# X and ‘Y’ agree to commit theft in ‘Z’s house, but no theft is actually committed. They are guilty of
A# No offence
B# Abatement by conspiracy
C# Criminal conspiracy
D# Abatement by instigation

44# The following offences are added by way of The Criminal Law (Amendment) Act, 2013 :
A# Assault or criminal force to woman with intent to outrage her modesty
B# Sexual harassment and punishment for sexual harassment
C# Assault or use of criminal force to woman with intent to disrobe
D# Both Sexual harassment and punishment for sexual harassment and Assault or use of criminal force to woman with intent to disrobe

45# Assertion (A) : The coverage of the term ‘Industry’ provided under Section 2(j) of the Industrial Disputes Act, 1947 has been widened by the Supreme Court in its Constitution Bench decision in Rajappa to subsume a number of activities that qualify the ‘triple test’ laid down therein.
Reason (R) : The Parliament through the Industrial Disputes (Amendment) Act, 1982 has also approved the Supreme Court’s move on this point and accordingly changed the law.
A# Both (A) and (R) are correct
B# Both (A) and (R) are incorrect
C# (A) is correct but (R) is incorrect
D# (A) is incorrect but (R) is correct

46# Which of the following is related to ‘Settlement’ provided under Section 2(P) of the Industrial Disputes Act, 1947 ?
A# Strike
B# Labour Court
C# Arbitration
D# Conciliation

47# Grounds for cancellation of registration of a trade union are provided under Section(s) of the Trade Unions Act, 1926.
A# 9
B# 10
C# 9A
D# Both 9 and 9A

48# Immunities under Section 17 and 18 of the Trade Unions Act, 1926 shall be claimed by
A# Registered Unions only
B# Recognised Unions only
C# Most Representative Unions only
D# Both Registered Unions and Representative Unions

49# In which of the following cases a two Judges Bench of the Supreme Court has observed that in order to enable the workmen to wages for the period of the strike, the strike should be legal as well as justified ?
A# L. Chandra Kumar Vs. Union of India
B# Crompton Greaves Ltd. Vs. Workmen
C# T.K. Rangarajan Vs. Government of Tamil Nadu and others
D# Coir Board Ernakulam, Kerala Vs. Indira Devi P.S.

50# There can be lay off under the Industrial Disputes Act, 1947 for
A# Not less than one day
B# More than one day
C# Not less than a week
D# Any period including less than a day

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The official answer key for this question paper, along with other all recent previous papers and 100 Mock tests / model papers with unlimited practice are included in our MH SET Law Online Practice Pack.

Authentic Feedback from previous exam users :

"Just wanted to let you know that I have cleared JRF with 99.99th percentile. Thank you for all your help and support that made it possible. " - Kanchan Yadav

"Thank you so much for the UGC NET test series. I finally qualified the exam. It was possible because of the mock test series provided by your team." - Robin Jaiswal

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