SVKM'S NMIMS

KIRIT p. MEriTA SCHOOL OF LAw

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Academic Year: 2017-18
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Program B.A. i..Ij..B (IIons.) f Year: I T. Semester: II

Subject: L.egal EHg!ish pr Time:2hrs (2.00pmto4.00pm) fp

I)ate : 04/05/2018 ¢
No. of p;ges:±
Ma]..ks: 60 '' FINAL EXAMINATION
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Instructions: Candidates should read carefully the instructions printed on the question
paperandonthecovero.ftheAnswerBook,whichisprovidedfortheiruse.
1. Absence of appropriate question number on the answer sheet will be penalized.

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4. Figures in brackets on the right hand side indicate full marks.

Q.1. Read the extract and answer the following questions given below: (10 marks)

Law is a system by which society makes choices that allocate its scarce resources and
organize relations among individuals and institutions in order to achieve predictability in
businessandpersonalaffairs.Lawincludestherulesofconductthatgovemhunanrelations,
such as the Vermont rule that a will is invalid unless two or more credible witnesses attest to
it. Law also includes the language that judges use to decide cases and to explain, in written
opinions, the reasons for those decisions. Finally, law includes public attitudes toward the
rules of conduct and their enforcement. For that reason, state laws against drink driving
became increasingly effective during the 1970s and the 1980s, when an outraged public
began to demand that those laws be strictly enforced. Law works best when those who ?re

- mostlikelytobreakitknowthatgovernmentwilluseitsmonopolyonthelegitimateexercise
of force to ensure compliance.

Politics is the acquisition, retention, and exercise of power for the purpose of collective
action. That action allocates the benefits and the burdens of life in civil society. Simply put,
politics determines "who gets what, when, how." Politics and law are related because they
both aim to organize human relations and allocate resources in a manner that promotes
stability and predictability. Nevertheless, they are different because law is about making
choices, while politics is as much about obtaining and retaining influence as it is about
exercisingthatinfluence.Lawresultsfrompolitics,butitisnotpolitics.Therecamotbelaw
without politics, but there often is politics without law, such as when legislators introduce
billsthathavelittleornochanceofenactmentinordertocuryfavourwiththeirconstituents.

Thus,1awisneithernon-politicalnorentirelypolitical.Lawandpoliticsaredistinctfromone
another,buttheyintersectbecauselawsuitsfrequentlypresentcourtswithlegalquestionsthat
arise fi.om political controversies. Under such circumstances, judges' public policy
preferences are likely to influence their legal conclusions. U".fed Sfc}fe5 u 8%f/eF for
example,presentedthelegalquestionwhetherCongress'sconstitutionalauthoritytoregulate

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"interstate" commerce enabled it to regulate the production of agricultural commodities. That ,.

question arose out of political opposition to President Roosevelt's "New Deal" plan for
economic recovery from the Great Depression. The legal question and the political
controversy that produced it were closely related; therefore, you should not be surprised that
the majority's political philosophy influenced its decision in Bcff/er.

That does not mean that judges have unfettered discretion to decide legal questions in a
blatantly partisan fashion. We expect judges to resolve legal questions by means of legal
reasoning. That is precisely what the Supreme Cout did in CJ!.#fo# v. Jo7ces, when it
concluded unanimously that the Constitution did not bar Ms. Jones from pursuing her lawsuit
against President Clinton during his term of office. The justices were not free to resolve this
dispute according to their political leanings; if they had been, Justices Ginsburg and Breyer,
whom President -i;=i;:indr
`(*==:i:..-ir==;-i. Clinton appointed to the
It Please The Court,
Court:- might well
Judricial have
process sided
and with
politics inthe President.
America. 2pd Ed.

Taylor & Francis. 2009.)

Qu e!St£°A£:aotr]gsi;: ,t[:]£; %;ag:>e::twaldfi::: ::#ffect society? {}} `-

3. In` your opinion, is it justified to resort to judicial recourse to settle political
opposition? Explain using any current legal case in India. (2)
4. Do you feel, judges in India should attempt to render judicial decisions based on
political philosophy or public policy preferences? Explain with exanples. (3)

Q.2. Answer the following: (20 marks)

A. Read the extract and match the following PARAGRAPHS (Facts) numbered
from ire to the correct opTIONs anference) given below. (4 marks)
PARAGRAPHS (Facts)

i. Owl became an arbiter in the Forest Glen before the digital revolution began. In those
days the administrators for the tribunal gathered up the case flies and brought
them personally to Owl, often grouping them into categories (e.g. requests for
continunces; requests for extra pages in briefing; substantive matters). This
process made it easier for Owl to deal with them.

ii`. Sometimes the administrators even summarized the simple procedural ones orally,
with Owl simply endorsing the request on the margin. The administrators did not
present the cases to Owl when she was on vacation or in the midst of a difficult
trial.

iii. With the digital revolution came online electronic case filing. The advocates loved it
because they no longer had to come physically to the tribunal, and could file at
any time of the day or night. It became apparent that advocates expected 24/7
electronic access to an arbiter. The administrative personnel managed the system
remotely from their computer terminals and notified Owl electronically whenever
a matter, no matter how insignificant, required her ruling.

iv. Owl received these notices on her mobile devices even while she was on vacation and
dwingthemostdrREioultandco"plex#sTheywerestressfulforonbecause
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receiving them made her feel that she must rule expeditiously. Advocates were not
sympathetic to Owl's plight because they faced their own stresses from client
access to them 24/7 by email. Owl silently blamed the tribunal's administrative
persomel for creating the increased stress caused by the incessant electronic
notices, even though the administrators had no intent to press her for immediate
decisions, but were simply trying to fulfill their own administrative
responsibilities, clear their electronic inboxes, and move the matters to Owl's
electronic inbox.
(Source:£egrzJfesso7cS#o"Fz.eJd,Fo7~esf,cr%dG/e#byD.BrockHomby,2015)

OPTIONS (Inference):

Forest Glen was the Judge before Owl.

Owl was happy endorsing case requests manually.
Digital method virtually removed online case filing time limits for advocates.
JudgeOwlwasusedtoadministerintraditionalmethodofcasefilecategorization.
The Advocates were equally to be blamed for Owl's workload.
The tribunal' s administrative persomel merely forwarded notices to Owl's outbox.
ty`

8. Read the extract and answer whether the following statements are True or False.
(7 marks)

Karen Silkwood worked as a lab analyst at Kerr-MCGee's Cimaron plant located near
Crescent Oklahoma. Silkwcod's job was to grind and polish plutonium pins used in
manufacturing fuel rods for nuclear power plants. She performed her tasks in a glove box
designed to seal the worker from the plutonium inside. In addition to her position as a lab
analyst,Silkwoodalsoservedasaunionrepresentative.Shehadfiledcomplaintsonbehalfof
the workers with the union and the Atomic Energy Commission (ABC) pertaining to safety
violations and hazards at the plant and, at the request of the AEC, had undertaken a covert
investigation, accumulating records and docunenting Kerr-MCGee' s violations of regulations
and reporting of safety infractions.

EE On consecutive days in 1974, Silkwood was contaminated by radioactive materials at

work and, after testing positive upon completing her shift at the plant was scrubbed and
decontaminated. Kerr-MCGee then sent a team to test Silkwood's apartment for radioactive
contamination, and high levels of contamination were discovered. Silkwood was sent to Los
Alamos Scientific Laboratory, where her lungs tested positive for radioactive contamination.
On the day after her retun from Los Alamos, she had arranged to meet with a reporter from
The Ivew yo7'fr rz.%e5 to provide the data she had collected about the dangers of working at
the Kerr-MCGee plant and about how safety and qualdy-control records pertaining to the
manufacturing of the fuel rods had been falsified. Silkwood died in a mysterious one-car
accident on the way to the meeting. The reporter and a union representative went to the car
the next day, but they found no records or materials. Silkwood's apartment was quickly
quantined,andallofherpersonalpropertyiusidewasburiedinanuclearwastesite.

After Silkwood's death, Silkwood's father tried usuccessfully to obtain $5,000 for the
value of her personal property from Kerr-MCGee. Kerr-MCGee refused to settle. He then
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contacted Spence, who sued Kerr-MCGee on behalf of Silkwood's children and family for
$10,505,000: $500,000 for Karen's physical and mental pain and suffering as a result of the
contamination, $10,000,000 in punitive damages, and $5,000 for the loss of Karen's personal
property. Spence later increased the request for punitive damages to $70 million.

The trial began in March 1979. It took eleven weeks. There were no clear answers as to
how Silkwood was contaminated, what materials she was going to provide regarding Kerr-
MCGee's falsification of documents, and the causes of Silkwood's suffering and tragedy.
Nevertheless, basing its decision on a theory of strict liability, and supplementing it with an
award of punitive damages, the jury returned a verdict for $10,505,000. Kerr-MCGee
appealed the punitive damages award of $10,000,000. The parties eventually settled punitive
damages at $ 1.3 8 million.
(Source: Philip Meyer, Sfory re//z.72g/or farvi;)/erg. New York. Oxford University Press. 2014)

Statements:

i. Karen was provided a glove box to protect her from plutoniuln contamination.\ EE
ii. Karen Silkwood conducted a covert operation as part of Atomic Energy Commission.

iii. Karen's liver tested positive for radioactive contamination.

iv. The materials in the Karen's car disappeared.

v. Karen's personal property including her apartment was buried in a nuclear waste site.

vi. Silkwood's father -Spence pursued legal remedies.

vii. The settlement eventually reached in favour of Silkwood.

C. Read the set of facts carefully and apply appropriate legal maxim to each from
the options given below and justify your answer. (3 marks each)
(9 Marks) EE
Set of Facts:
a. The Civil Cout sent an auction decree under C.P.C. to Deputy Commissioner for
the execution. Under Section 54 of the C.P.C., the job of execution is that of the
Deputy Commissioner but he can handover it to the gazetted Assistant Collector.
In this case Assistant Collector had given the job of execution to the Tehsildar.
The Supreme Court of India applied the relevant principle and consequently the
execution completed by the Tehsildar was declared void. Explain.

b. Mr.Scott, a delivery truck driver, employed with Swift Automobiles Pvt. Ltd.,
negligently hit a child in the street. The parents of the child wish to take legal
recourse to claim damages. Which legal principle will be applied by the Courts
and from whom can the damages be claimed?
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c. A man promises another person to give him a sum of money on such a day, to pay
the debt of another and nothing is given as the consideration for such promises.
Does there lay any contractual obligation between the two parties?

Legal Maxim Options:

•i. DELEGATUS NON POTEST DELEGARE
•3:1. RESPONDEAT SUPERIOR
•rii. AUDI ALTERAM PARTEM

iv. UBI JUS IBI IDEM REMEDIUM

v. EX NUDO PACTO NON ORITUR ACTIO

Q.3 Match the following: (5 marks)

a. Official language or languages ofa state i. AIicle 3 5 1

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b. Language to be used in the Supreme Court and ii. Article 120
in the High Courts
c. Directive for development of the Hindi language 111. Articles 29 (1)
(Special Directives)
d. Language to be used in parliament iv. Article 343

e. Provisions meant for the Protection of V. AIicle 348

Languages
vi. Article 345

Q.4. Expla`in in brief [250 words / 5 marks each] (10 marks)

tdy,`
A) i. If you were in place of Portia, how would you have handled the suit - Sky/ock 1;.
Antonio?

OR

ii. "King Magnus feels democracy is easily corruptible as opposed to monarchy."

Critically analyse this statement.

a) "Ramchandra Guha was unfairly critical towards Amartya Sen' s 77ze j4rg2/7#e#fczfz.ve
JJ?dz.cr73." Substantiate your stand on the above statement with the help of Armi
Mukherjee's rebuttal on Guha.

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Q.5. Attempt a summary by omitting needless words and improve the story line.
(5 marks)
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On September 25, 1997, in a Bombay High Court, J-Series Music sought injunctive relief
against the Bajwa Production to prevent them from any further use or disclosure of J-,Music's
trade secrets. On September 26, 1997, the Bombay court issued an order restraining the
Bajwa Production from using or disclosing certain J-Series Music property and proprietary
information. On September 26, 1997, the cout set an evidentiary hearing for Tuesday,
October 7, 1997, on J-Series Music's preliminary-injunction motion.

On October 6,1997, the Bajwa Production moved to dismiss for an alleged lack of venue and
personal jurisdiction. Altematively, they asked the court to transfer the case to Bengaluru
High Court.

On October 7, 1997, when the parties arrived for the injunction hearing, the Bombay High
Cout indicated intent to hear testimony and rule on the Bajwa Production' dismi`ssal or
transfer motion, to which J-Series Music had been given no chance to respond. The testimony •-
established that both of the Bajwa Production had significant contacts in Bombay for the past
eight years-including daily phone calls and faxes to and from J-Series Music; their three
visits to J-Series Music's Bombay headquarters; and their work in negotiating contracts with
Bombay musicians.

On October 8, 1997, the Bombay court transferred the case to this Bengalun Court, noting
that the transfer was for the reasons stated on the record. As the October 791997 transcript
reveals, the Bombay cout decided that while it has personal jurisdiction over John Bajwa
Productions, it lacked personal jurisdiction over Anjali Bajwa Productions. According to the
court, the case should be transferred because "to accord relief to J-Series Music down here
while leaving the Bengaluru court to deal with Anjali Bajwa Productions simply would not
provide an effective situation" for any of the parties. The judge did not indicate which
statutory section governed the transfer.

On October `8,1997, in the same order, the Bombay court further ruled that its September 26,
1997 order restricting both John and Anjali Bajwa from using or disclosing J-Series Music's
trade secrets would remain in effect until further orders of the Bengaluru court. On October
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13,1997, J-Series Music filed the present supplemental motion for a preliminary injunction,
asking this Court to extend and expand the injunctive relief already granted by the Bombay
court.

Q.6. Read the following extract from a Memorandum of Association and fill the
following gaps (i-x) with the appropriate phrase or sentence options marked A±.
(10 marks)
NILE Private Ltd.

1. The name of the company is NILE PVT. LTD.

2. The Registered Office of the company will be situated at Vile Parle in the State of
Maharashtra.
3. The objects to be pursued by the company immediately after incorporation are:
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 To acquire by purchase the business of publishers of journals and periodicals carried
on under the names and styles of Indian Journal of Power and River Valley
Development and Indian Mining Journal as going concerns with all the assets and
pending contracts, rights, privileges and goodwill attached
thereto.
4. The objects incidental to and ancillary to attainment of the main objects are:
/CZJ To carry on the business of printers and publishers of books, journals, periodicals,
newspapers, magazines, etc., in different languages and (b) their
sales in India and outside India directly or through agents.
¢/ To carry on the business of advertising agents for publicity through journals and
periodicals, cinema slides, neon signs, and all other modes of advertisement.
/c/ To carry on the business of importers, exporters, traders, agents, printers, contracts,
brokers, and dealers of . all commodities that may be found profitable by the
Company.
/#J To initiate, promote, encourage, facilitate and support financially or otherwise
research of all kinds of scientific or natural phenomena whether directly or
•t¥ indirectly connected with any of the above subjects.
5. The other objects for which the company is established are as follows:
/zJ (c) and undertake the whole or any part of the business of any
concern either private or public company, firm or individual which may in the
opinion of the company be carried on conveniently.
(ii) (d) for, purchase or othewise acquire any patents, licences, concessions and
the like confuing any exclusive or nonexclusive or ]inited richt to use, make or deal with or the
acquisitionofwhichmaybecalculateddiedyorindirectlytobenefitthecompany.
(iii) (e) into partnership or any other arrangement for sharing profits,
union of interests, co-operation, joint venture, reciprocal concessions with any
person, firm or company carrying on or engaged in or about to carry on or engage in
any business or transaction which the company is authorised to carry on or engage
in or any business or transaction capable of being conducted so as to beneflt the
company directly or indirectly.
/z.1;J To enter into any agreement with any Government, railway, body corporate,
\t? corporation or other authorities supreme, municipal, local or otherwise and private
or public bodies that seem competent or undertake operations similar to those
undertaken by this company and conducive to the company's objects or any of them
and (I) from any such Government, railway, body concessions
which the company may think desirable to obtain and to carry out, exercise and
comply with any such arrangements, rights, privileges and concessions.
/v' (g) and lend money upon such security as may be thought proper or
without taking any security and to invest and deal with the money of the company
not immediately required upon such securities.
/vz) (h) or raise or secure payments of money in such manner as the
company shall deem fit and in particular by issue of debentures charged upon all or
any of the company's properties, both present and future, including its uncalled
capital and to purchase, redeem and to pay off any such securities or debentures.
(vz.z.) To draw, accept, make, endorse, discount and (i) bills of exchange,
promissory notes and other negotiable instruments, coupons, drafts, bills of lading,

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 railway receipts, debentures, certificates, securities, and other instruments and
securities whether transferable or negotiable or not.
/vz.z.z) cud generally to do all such other things as are incidental or conducive to the
attainment of the objects or any of them and the intention is that the objects set forth
in all the paragraphs of this clause shall have the widest possible construction and
shall be in no way limited or restricted by reference to or in reference from the
terms of any other paragraphs of this clause.
We, the several persons whose names, addresses and descriptions are subscribed hereto
are desirous of being formed into a private limited company in pursuance of this
Memoranduni of Association and we are respectively agreeable 0) in the
capital of the company set opposite to our respective manes.

Statements:
i. toenter

ii. to acquire .J
iii. to organise

iv. to take the number of shares

v. to obtain

vi. toapply

vii. to advance

viii. to borrow

ix. negotiate

x. liabilities

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