UGC NET CBSE Paper II Law 2011 December Question Paper

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Q. Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do.
Who said this ?
– Salmond
– Winfield
– Clerk and Lindsell
– Aldersen

Q. While X with a package was trying to board a running train, the railway guard tried to help him and pushed him inside a compartment but the package fell and rolled down on the railway track causing an explosion (as package contained fire works), and a splinter hit Y who was some ten feet away, injuring him. Y sued the railway company for the negligence of the railway guard.
– Railway company is liable
– For the injury received by Y, the railway company is not liable as the railway company owed no duty to Y.
– The injury to Y is too remote a matter for which railway company cannot be liable.
– The railway company owed a duty to the general public that its employees will not act negligently.

Q. The principle of privity of contract was held to be not applicable to an action for tort in
– Winterbottom Vs Wright
– Donoghue Vs Stevenson
– Grant Vs Australian Knitting Mills Ltd.
– Ashby Vs White

Q. Following are good defences to an action in torts :
(i) Volunti non fit injuria
(ii) Scienti non fit injuria
(iii) Vis major

Choose the correct answer by using the codes given below :
– (i), (ii)
– (ii), (iii)
– (i), (iii)
– (iii) only

Q. The propounder of “Pigeon-hole Theory” is
– Salmond
– Austin
– Winfield
– Clerk & Lindsell

Q. Match List – I with List – II and select the correct answer using the codes given below the lists :

List – I
I. Damnum sine injuria
II. Absolute liability
III. Injuria sine damno
IV. Inevitable accident

List – II
(a) Ashby Vs. White
(b) Gloucester Grammar School case
(c) Stanley Vs. Powell
(d) Rylands Vs. Fletcher

Choose the answer corresponding to the order I II III IV
– (b) (d) (a) (c)
– (a) (c) (d) (b)
– (c) (a) (b) (d)
– (d) (b) (c) (a)

Q. To find mens rea it is necessary that there must exist
– The act was intended
– There must be a resultant consequence
– The act of causing injury to another
– The knowledge of existence of facts

Q. The act of abetment results from
– Counselling
– Suggesting
– Processing
– Commanding

Q. In which of the acts of prostitution it becomes a public nuisance ?
– The act is carried on in a hidden manner.
– The act has resulted with an injury to an individual.
– It must be a case of bare solicitation of customers in a public place.
– None of the choices

Q. Liability for culpable homicide can be fixed if death is caused by effect of words :
– If it results in excitement.
– If the anticipated consequence becomes the result.
– By the absence of avoidability to suffer from lingering torture.
– All of the choices

Q. For the offence of wrongful confinement there must be circumscribing limits which may be
– Large or narrow boundary
– Visible or tangible area
– Movable or fixed territory
– All of the choices

Q. Enticing a minor girl amounts to
– Kidnapping
– Abduction
– Absence from free consent
– None of the choices

Q. Which of the following cases is relating to unfair labour practices ?
– Regional Manager, SBI V. Rakesh Kumar Tiwari
– Central Bank of India V. Workmen
– Hindustan Motors Ltd. V. Tapan Kumar
– Textile Labour Union V. State of Rajasthan

Q. Assertion (A) : Participation in illegal strike is punishable.
Reason (R) : Right to go on strike is not a Fundamental Right.
– Both (A) and (R) are true and (R) is correct explanation.
– Both (A) and (R) are true, but (R) is not correct explanation.
– (A) is true, but (R) is false.
– (A) is false, but (R) is true.

Q. Under which Section of the Industrial Disputes Act, an individual dispute is deemed to be industrial dispute ?
– Section 2
– Section 2A
– Section 3
– Section 5

Q. Registration of Trade Union may be cancelled by the Registrar of Trade Union, when
– Leaders of Union are not working well
– Registration Certificate has been obtained by fraud
– Members of Union do not take interest in Union activities
– Employer does not want registered Union

Q. Read the following paragraph and answer the Question :
On the surface this amendment might create the impression that State is now free to impose any kind of restriction on the enjoyment of property … and without paying any thing to the expropriated owner in return of property taken away from him. Nothing, however could be farther from the true Constitutional position. The reality is that now the right to property of both, the citizen as well as the non-citizen, is more firmly and comprehensively secured under the Constitution than ever before. It is secured more firmly than before because any significant amendment in the existing position will now require not only the procedure laid down in the main part of Article 368, but also the consent of the States as prescribed in the proviso of that Article. It is secured more comprehensively because the State will not now be able to acquire private property without showing public purpose and without paying full compensation or market value of the property. Also, the State may now be required to pay compensation of property without actually transferring to itself the ownership or possession of the property. In other words, the courts in India will now be free to give the same quality and extent of protection to private property as the courts in the United States give under the ‘due process’ clause and the American Doctrine of ’eminent domain’ and ‘police power’ may again be found to be relevant for India.
In the light of above answer the following :

Before which amendment to the Constitution, Right to Property was a Fundamental Right ?
– 42nd
– 44th
– 38th
– None

Q. Read the following paragraph and answer the Question :
On the surface this amendment might create the impression that State is now free to impose any kind of restriction on the enjoyment of property … and without paying any thing to the expropriated owner in return of property taken away from him. Nothing, however could be farther from the true Constitutional position. The reality is that now the right to property of both, the citizen as well as the non-citizen, is more firmly and comprehensively secured under the Constitution than ever before. It is secured more firmly than before because any significant amendment in the existing position will now require not only the procedure laid down in the main part of Article 368, but also the consent of the States as prescribed in the proviso of that Article. It is secured more comprehensively because the State will not now be able to acquire private property without showing public purpose and without paying full compensation or market value of the property. Also, the State may now be required to pay compensation of property without actually transferring to itself the ownership or possession of the property. In other words, the courts in India will now be free to give the same quality and extent of protection to private property as the courts in the United States give under the ‘due process’ clause and the American Doctrine of ’eminent domain’ and ‘police power’ may again be found to be relevant for India.
In the light of above answer the following :

Before the amendment to the Constitution, Right to Property was
– Legal Right
– Moral Right
– Fundamental Right
– None of the choices

Q. Read the following paragraph and answer the Question :
On the surface this amendment might create the impression that State is now free to impose any kind of restriction on the enjoyment of property … and without paying any thing to the expropriated owner in return of property taken away from him. Nothing, however could be farther from the true Constitutional position. The reality is that now the right to property of both, the citizen as well as the non-citizen, is more firmly and comprehensively secured under the Constitution than ever before. It is secured more firmly than before because any significant amendment in the existing position will now require not only the procedure laid down in the main part of Article 368, but also the consent of the States as prescribed in the proviso of that Article. It is secured more comprehensively because the State will not now be able to acquire private property without showing public purpose and without paying full compensation or market value of the property. Also, the State may now be required to pay compensation of property without actually transferring to itself the ownership or possession of the property. In other words, the courts in India will now be free to give the same quality and extent of protection to private property as the courts in the United States give under the ‘due process’ clause and the American Doctrine of ’eminent domain’ and ‘police power’ may again be found to be relevant for India.
In the light of above answer the following :

Right to Property is covered under Article
– 14
– 19
– 31
– 300-A

Q. Read the following paragraph and answer the Question :
On the surface this amendment might create the impression that State is now free to impose any kind of restriction on the enjoyment of property … and without paying any thing to the expropriated owner in return of property taken away from him. Nothing, however could be farther from the true Constitutional position. The reality is that now the right to property of both, the citizen as well as the non-citizen, is more firmly and comprehensively secured under the Constitution than ever before. It is secured more firmly than before because any significant amendment in the existing position will now require not only the procedure laid down in the main part of Article 368, but also the consent of the States as prescribed in the proviso of that Article. It is secured more comprehensively because the State will not now be able to acquire private property without showing public purpose and without paying full compensation or market value of the property. Also, the State may now be required to pay compensation of property without actually transferring to itself the ownership or possession of the property. In other words, the courts in India will now be free to give the same quality and extent of protection to private property as the courts in the United States give under the ‘due process’ clause and the American Doctrine of ’eminent domain’ and ‘police power’ may again be found to be relevant for India.
In the light of above answer the following :

Which one of the following Fundamental Rights has been a subject of maximum controversy and litigation ?
– Right to Freedom of Speech
– Right to Property
– Right to Religion
– Right to Equality

Authentic Feedback from previous LawMint users :

I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

A year back, I relied on the IIT Kharagpur RGSOIPL mock test series by LawMint to prepare for my RGSOIPL entrance test. Few months back, I relied on your UGC NET Law series to prepare for UGC NET. I was the topper of the RGSOIPL entrance, and have cracked JRF in UGC NET. All thanks to LawMint - Anshuman Sahoo

"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

"Hey guys. Where do I start? If I thought that getting AIR 59 in Clat PG was it, then how wrong I was. With Lawmint now I have cracked UGC NET as well." - Joyanta Chakraborty

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This is the UGC NET Question Paper II from the exam conducted by CBSE in December 2011.
Answer to this UGC NET question paper and all other UGC CBSE NET papers published on LawMint.com are available for registered users of our Online Prep Packs.