Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

101. Principle: A plaintiff who seeks equitable relief must come to court with clean hands. Facts: A seeks an injunction to stop B from using a business name, but it is proved that A obtained his own registration of that name by submitting forged documents. Decide.

     कA must get the injunction, because he holds a registration खB must pay A damages गThe court may refuse the injunction, because A has not come with clean hands घThe court must order B to register the name instead
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

102. Principle: A State may exercise criminal jurisdiction over offences committed on board a ship or aircraft registered in that State, wherever it may be. Facts: A Nepali-registered aircraft is flying over India when a passenger of another nationality assaults a crew member on board. Nepal wishes to prosecute him. Decide.

     कNepal has no jurisdiction, because the aircraft was over India खNepal has jurisdiction, because the offence occurred on an aircraft registered in Nepal गOnly the country of the passenger's nationality has jurisdiction घNo State has jurisdiction over offences in the air
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

103. Principle: An act done by several persons with a common intention makes each liable as if he had done it alone, but a person is not liable for an act of another that was outside the common intention and not foreseen as likely. Facts: A and B agree to beat C with sticks to teach him a lesson. During the beating, B, without A's knowledge, suddenly draws a hidden pistol and shoots C dead. Decide.

     कA is liable for murder, because he took part in the attack खA is liable for the beating, but not for murder, which was outside the common intention गA is not liable for anything, because B fired the shot घA and B are equally liable for murder
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

104. Principle: An employer is liable to compensate a worker for injury by an accident arising out of and in the course of employment, but not for injury caused by a risk to which the worker exposed himself entirely outside his work. Facts: During the lunch break, a factory worker leaves the premises to play football in a nearby field and breaks his leg there. Decide.

     कThe employer is liable, because the injury happened during working hours खThe employer is liable, because the worker is on its payroll गThe employer is liable for half the compensation घThe employer is not liable, because the injury did not arise out of and in the course of employment
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

105. Principle: A person who voluntarily does something for another without being asked, and without intending to charge for it, cannot later demand payment. Facts: While B is abroad, A, B's neighbour, without B's request, paints B's gate as a friendly gesture. When B returns, A sends him a bill. B has made no promise to pay. Decide.

     कB must pay the reasonable cost of painting खB must pay double, for A's labour and materials गB need not pay, because A acted gratuitously and without request घB must pay because he benefited
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

106. Principle: A false statement made innocently, without any intention to deceive, is not fraud, though it may be misrepresentation. Facts: A sells his car to B, honestly stating that it has never been in an accident, as he himself bought it secondhand and believed so. It later turns out that it had been in an accident before A bought it. Decide.

     कA is guilty of fraud, because the statement was false खA has committed theft गA is guilty of fraud because he was the seller घA is not guilty of fraud, because he honestly believed his statement
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

107. Principle: A person who finds goods on premises whose occupier has manifested an intention to control the premises and things in them has a weaker claim than that occupier. Facts: A cleaner, while cleaning the locked private office of a bank manager, finds a gold ring on the floor. The true owner cannot be traced. The manager and the cleaner both claim the ring. Decide.

     कThe manager, as occupier exercising control over the locked office, has the better claim खThe cleaner has the better claim, because he found the ring गThe ring must be divided equally between them घThe ring belongs to whoever reached it first after the owner is traced
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

108. Principle: No appeal lies from a decision unless a statute expressly provides for an appeal. Facts: A law makes the decision of a special tribunal 'final' and provides no appeal. A party dissatisfied with the tribunal's decision files an appeal before the High Court as if an appeal were available. Decide.

     कThe appeal is maintainable, because every decision can be appealed खThe appeal is maintainable if filed within 35 days गThe appeal must be heard by the tribunal itself घThe appeal is not maintainable, because no statute provides for it
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

109. Principle: A marriage is voidable at the option of a party whose consent was obtained by force or fraud. Facts: B agrees to marry A only because A's relatives threaten to kill B's parents if she refuses. Soon after the marriage, B seeks to annul it. Decide.

     कThe marriage is valid, because B went through the ceremony खThe marriage is void only if B's parents were actually harmed गB must first live with A for five years घB can have the marriage annulled, because her consent was obtained by force
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

110. Principle: Each co-owner of a property is entitled to the possession and enjoyment of it, and one co-owner cannot wholly exclude another. Facts: A and B inherited a house jointly. A changes the locks and refuses to allow B to enter any part of the house. Decide.

     कA is entitled to exclude B, because he is in possession खB can seek relief, because A cannot exclude a co-owner गB can enter only if A agrees घB must sell his share to A
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।