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:- Tutorix[ -
Clat Prep at it's Best
Legal
Peason:ng
Module 2
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- 19'
1. Answer: C
2. Answer: C
Explanation; As per Paragraph (10), tabase of usual citizens. Usual resident is
defined to mean a person who ded in a for the past six months or lnore or a
person who intends to reside i months or more.
The definition of the word 'in question. As per the definition, only
when a person has something his mind is he said to 'intend'it. In
the question, A was not sure to live in the local area and was
thinking about leaving the same did not have living in the local area
for the next 6 months as a definite e could have left anytime before that too
Thus, he did not intend to live in the area for the next 6 months. Also, he had not
in the area for the past 6 months. e can't be included in the NPR.
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(4).
Answer: D
Explanatiott.' The article of the Constitution mentioned in the question gives parliament
the
power to make international agreements and treaties enforceable through passing
laws to
that effect. On applying the principle to the International treaty mentioned in the question,
the correct answer is 'd'.
7. Answer: B
Explanatiam.'The authorities concerned have already conceded that they fulfil all the
criteria
for getting the certificate except that of being married. Thus, the only thing that needs
to be
proved now is that live-in relationshi the term'marriage' as has been used under
this Act. If they are able to prove me eligible for the certificate. 'd' is
wrong as nowhere does the pa having the certificate of essentiality
gives the person the right to h ity. Even if the intending couple has
managed to get the former, as tting the latter are not satisfied, it
will not be granted.
Answert D
!yp.Ianation..The passage states that tliE close relative' has not been defined under the
btll ln US, o tall s under th itiii n o f cl tx6'?6lefiVE c;iiiiiffi bedffiffiffidd Aac:ofiAifig
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'b','c' and 'd' have directly or indirectl
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to asree with them.
10. Answer: A
Explanation.' 'a' is not a lacuna that has been pointed out by the author, 'b' is true as
the
author asserts that the terms 'close relative' and 'fertility' have not been defined adequately,
and this needs to be addressed. 'c'is a direct consequence ofthe provisions ofthe
bill that has
been mentioned towards the end of the passage. 'd' is reflected by how the bill,
on the whole,
adopts a position on surrogacy that is different from that adopted in the ART Act.
B-
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77. Answer: C
12. Answer: B
Explanation; The question asks the candidate for the option that best encapsuiates the
author's opinion of the 2019 Amendment. 'b'is the correct answer as throughout the passage,
the author has described the chan made to the Act, while at the same time
pointing out the various flaws ow these have not bqen dealt with by
the Amendment. Infact, the ti without reform', makes the answer
clear.
'a' is not the correct answer ndment has not been pointed out
by the author anywhere in the ns that the relaxation of the criteria
for the Chairperson of the NHRC t have an impact, but whether it will in fact lead
to this remains to be seen. Thus,'a'c brtion that has not really been made in the
r/ Chairperson
erson continues to h
me
fphrases under the
to prove these, the strongest argument remains the one provided in 'a'.
1.4. Answer: C
Explanation.' In paragraph 5, the passage reads, "The NHRC's main ftrnction is to inquire into
complaints of "violation of human rights or abetment thereof, or negligence in the prevention
of such violation, by a public servant"." This is the only f-unction that has been listed in the
passage. Candidates are thus required to find out which of the fact situations is outside the
scope of this function.
It must be noted that as per this function, for complaints to be inquired into by the NHRC,
ihey must relate to the conduct of a public servant. In the situation given in'ci there is no
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15. Answer; B
,in place of,. This means that the option proposes
Explanation; The option uses the words
thatalltheheadsoftheothersister.bodieswhoareatpresentex-officiomembersofthe
NHRCberemoved,andintheirplacetherepresentativesofNGOsbeadded'Thisisnotwhat
of the NGOs'
e inclusion of representatives
the author Proposes in the Passage:
e removal of the heads of sister-bodies'
buthe does not saY that it has to
tes the one he is least likely to agree
0f the 4 reforms mentioned in
with.
L6. Answer: B
ns will have to be placed to guard all
Explanation.' StringencY in nor
the relevant stakeholders'
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2A. Answer: C
21. Answer: C
Explanation:Authorappealsthatstakeholdersmustbeprotectedatallcosts.
22. Answer: B
ExPlanation; Self- exPlanatory
23. Answer: A
Explanation; The Indian Contract Act codifies the way we enter into a contract, execute
a
24. Answer: C
goods and
Explanation; Specific provisions which deal with immovable property, movable
specific performance.
25. Answer: C
Explanation; Self- exPlanatorY
26. Answer: B
27. Answer: C
Explanation: The rule of strict liability evolved during the 19th century be
economY and
determining any standard of liability constituent rvith the needs of tnodern-daY
social structures
3L. Answer: B
Exp la nati on; Self- exPlanato ry
--
JL, Answer: B
Exp la nation; Self- exPlanato rY
33. Answer: C
34. Answer: C
Explanation; The judge call for laws to change with changes in the dynamics of modern world
35. Answer: C
36. Answer: C
Explanatian; Self-explanatorY
37. Answer: C
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38. Answer: C
39. Answer: A
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43. Answer: B
Exptanation; Mukherjee wili because Chatterjee had an opportunity to prevent the injury by
putting up a rvarning. It is because the due care was not taken by Chatterjee initially.
44. Answer: C
Explanatian; Dwivedi will lose because Trivedi was relying on the warning signal. It is
because of Dwivedi was liable himself for contributing to the negligence.
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45. Answer: B
Explanation.. It is because if A would have boarded in a tramcar, not in motion, it would have
been easier for him to get a firm grip in the handlebar and settle down easily.
46. Answer: A
Explanation..Yes. It is because here it is not contributory negligence. It is a prudent decision
to save oneself.
47. Answer: A
Explanation; A is liable because he had the Iast opportunity to avoid the accident by taking
appropriate measures.
48. Answer: B
Explanation; It is because a this Ernployee/Servant.
49. Answer: A
Explanation; The correct answd is clearly written in the passage that
Winning cases for them, tackling combating gender-based violence has
been some of the challenges.
for
oft
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52. Answer: D
Explanation.. The correct answer is option [d) i.e. Death penalty is not a solution of any crime
if it is solution than why the cases of rarest of rare are increasing in spite of decreasing and it
should be prohibited because it is banned in many other countries too'
53. Answer: C
Explanation; The correct answer is option (c) that it is in violation of the principle of natural
justice and also the procedure to define the rarest ofthe rare cases is very unpredictable.
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54. Answer: C
because death penalty has not
Explanation; This is a tricky question. The answer is option [cJ
been abolished yet and if the court gave the punishment to
viiay then he will be hanged' Don't
person shall be deprived of his life or
fall in the emotional trap and the law itself says that No
personal liberty except according to procedure established by law'
55. Answer: A
Explanation; The correct answer is option [a) because under
this category' all types of
behaviour that treat an individual less favourably than another
56. Answert C
Explanatiofi; The correct ans bption [i use this form of age discrimination
use it is perceived that he or she
happens when an individual is
do or not.
has a protected characteristic,
57. Answer: B
Explanation: The correct ans se when an employer introduces a
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the p
59. Answer: D
students serving less than
Explanation; The discrimination has been made between Graduate
year' As one group is in
one )rear; and Non-graduate students serving less than one
against the other
overwhelming majority, therefore, it would be indirect discrimination
Therefore, the correct answer is
because of the classification made on the basis of graduation,
perfect examples of Indirect disffimination'
[d). option ta), tb) and [c) are the
60. Answer: D
jirstice in orrJer to deduce which one is
Explanation,'Analyses the two systems of criminal
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67. Answer: A
Explanation.. It does not make the defendant solely responsible for gathering evidence for his
CASC
62. Answer: A
Explanationr Two systems of criminal justice are compared and contrasted, and one is
deemed to be better than the other,
63. Answer: D
64. Answer: A
Explanation,' Because of the i ness in conducting its pre-trial
investigation, it can be concl s innocent would Prefer to be tried
under the inquisitorial sYste is guilty would prefer to be tried
under the adversarial system.
65. Answer: D
Explanation; doubtful if that it is the for justice
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69. Answer: C
Explanation.. fames is responsible for the maintenance of his gym and there was negligence
on his part in taking due care.
70. Answer: D
Explanation,' Has not revealed his thoughts
71. Answer: A
Explanation; Because he believed that sedition could be a more severe offence under some
other statute if not included under IPC
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72. Answer: B j)
Explanation.'The Indian lawwas comparatively clearer and more lucid and less subiective
/5, Answer: C
Explanation; Freedom of speech and expression is a fundamental right but with certain
limitations
74. Answer:D
Explanation; Self-explanatory
75. Answer: C
76. Answer: B
79. Answer:B
Explanation; Right to privacy is newly evolved principle of law.
80. Answer: A
Explanation; Right to privacy finds its root in the Constituent Assembly debates [since
privacy rights were discussed at length)
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81. Answer: A
Explanation.' Constituent Assembly was not enthusiastic about right to privacy because the
concept was not well-recognized globally
82, Answer: C
Explanation; Parliament dropped the idea to amend the Constitution to insert right against
reasonable searches
83. Answer: C
Explanation.' A person who acts carefully and/or makes reasonable balance between
advantages and di sadvantages
84, Answer: D
Explanation.' Considers it an
85. Answer: B
85. Answer: B
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Explanation; Kalpanffipd ffifrffiue t*hpt*fuSrlfi,ffiar q#m,irffiffiOqffie. authorityand for
. Law will presume that Kalpana has done the act through Zulfi hence liable.
89. Answer: C
Explanation.' The surgeon is liable for the offence of causing death by negligence.
90. Answer: B
Explanation; Pihu is not liable as the water had moved out of the house due to an act of the
third party.
9L, Answer: A
Explanation; Self-explanatory
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92. Answer: B
the parties'
Explanation; when court gives an order without hearing either of
93. Answer: C
94. Answer: A
Explanati on; Self- exPlanato rY
95. Answer: A
Expla nation; Self- exPlanatorY
96. Answer: B
granting ex-Parte injunction
Explanation; That court shoul
97. Answer: B
had Draupadi's consent for the
Explanation; The comect answer
act perform.d !.V*F:gI;
tion: Th
n'Tfr"e correct answer is [c). It is iii use no consent was taken ampi an the
707. Answer: B
was taken by champi and the
Explanation; The correct answer is [b). It is because no consent
painting taken out of possession of its owner'
102. Answer: A
intention to take the painting'
Explanation; Raju is not liable for theft as he had no dishonest
legol Reosoning Modute 2
103. Answer: A
Explanation.' The crime here is theft. Cheating involves an element
of deceiving the victim to
cause him to voluntarily do something that result in damage
to himself. That is not the case
here. There is no voluntary conduct on the part ofA.
104. Answer: B
L05. Answer: D
Explanation; It is because when acco e A, when a State undertakes any measure,
the effects of the measure must be who are affected by it.
'l-06. Answer: B
707. Answer: A
Explanation; It is because when acco ule A, when a State undertakes any measure,
measure mus
IL'J.. Answer: A
Explanation.' One cannot enter into any contract with a minor as
the same is void as initio.
L12. Answer; B
Explanation.' B's acceptance of the proposal made it a valid contract and A will thereby
succeed.
legol Reosoning Module 2
L1-3. Answer; A
Explanation; If you read the options, you realize that Reasons [a) and (bJ indicate the
presence of uncertainty in the communication - Reason (a) refers to uncertainty in the
variety of oil, i.e. the subject matter of the contract, and Reason (b) refers to uncertainty in the
price. Hence they should be struck out, Reason [c) refers to whether to whether it was
commercially feasible to supply the oil, and Reason [dJ points out at a change in law, neither
of which create uncertainty in the current contract. Hence, both Reason [cJ and Reason (d)
are unacceptable. The correct option is therefore, option [c), which states that Reasons (cJ
and [dJ will not be accepted.]
LL4. Answer; C
Explanation.' Agreement and wri
'L!5. Answer: C
there is no information in the facts to state that there was no meeting of minds - however,
that there was no consideration, as to take Sunder to Taj was unilate
t by the
the primary consideration of the Supreme Court itself as per the passage. [c) is wrong as the
expression 'at all costs' is wrong, considering the Supreme Court has advocated a balance
between the right to privacy of judges and transparency. (d), while being a point held by the
Court in the case, was not the primary consideration on which the judgment was based.
117. Answer: B
Explanation.' Based on the passage, the correct answer is [bJ. The petitioner does not argue
that the extension of RTI to the Cf l's office has a negative impact on the independence of the
judiciary from the executive. In fact, he impliedly disagrees with the same: he argues that
independence from the executive does not imply independence from public scrutiny, thus
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implying that the latter is distinct from the former, and the former can be achieved without
the latter. Thus, he is the least likely to agree with this statement.
[a) is wrong as the petitioner argues that the Supreme Court should not have been the judge
in this case, but has to be because of the doctrine of necessity. Thus, he agrees with
[a). (c) is
wrong as the petitioner agrees with it, with the caveat that larger public interest should be
kept in mind while making such a disclosure, and it should be done on a case-by-case basis.
(d) is wrong as the entire argument of the petitioner is based on this premise, and thus he is
very likely to agree with this.
1-1-8. Answer: D
Explanation; The correct answer is [d) as_ r public interest is shown in this situation, on
which ground information is likely
Other options either do not dea do not deal with public authorities in
the first place.
LL9. Answer: A
Explanation.. The correct a itly in the
passage. [bJ and [dJ go
against the passage as the petitidi of such information on a case-by-
case basis. [cJ is wrong as indepen iciary is not the ground advocated by the
Explanation.' In the situation given in option 'c', there is no link given between the parties/
their lawyers with the judge himself. Thus, there can be no presumption of judicial bias. In
option 'a' ,'b' and 'c', the judge has some connections with the parties/ their lawyers and there
can be a reasonable apprehension in the minds of one of the parties that the judge will be
biased against the party concerned.
122. Answer: C
Explanation.'The question stem asks for a statement which is likely not to be agreed to by
both the judges, the one who wrote the paragraph and fustice Arun Mishra. Thus, both must
disagree with the statement for it to be the answer. 'c' is the correct answer as both the judges
Legol Reosoning Module 2
wili not with this statement. The judge who wrote the paragraph seems to believe that
agree
no weight must be assigned to the judge's own perception of his/her capability to hear the
matter. According to him/her, the determining factor is whether the party/parties reasonably
apprehend that there might be bias in the decisions of the judge. The self-perception of the
judge is not assigned any role. On the other hand, Justice Arun Mishra takes the opposite view
and says that the self-perception of the judge plays the decisive role. It cannot be said to have
a 'minor' role. Thus, both are likely to disagree with the statement.
The judge who wrote the paragraph will agree with 'a', as according to the paragraph, the
apprehension should be 'reasonable'. Thus, it cannot be the answer. Both the judge who
wrote the paragraph and Justice Arun Mishra will agree with 'b'. It must be noted that though
the judge who wrote the paragraph said approach taken by the judge in determining
whether there is judicial bias is ngl reasonably apprehends judicial bias,
he does imply that it is the ju ,ffiho d tti is not ordered by any 3'd party,
Thus, once a judge finds that flere :
ap on of bias in the mind of the
Dartv. he/she should recuse. isis. icit in the p The oroner aooroach for the iudqe'.
While fustice Arun Mishra will *ree \ 'd', tffifirdge wrote the paragraph will not.
123. Answer: D
Explanation; In the above passage, t tihds for the decision in the Pune Municipal
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1.25. Answer: C
Explanation; The principles of stare decisis and judicial discipline have been mentioned in
Paragraph 9. As per the paragraph, a bench cannot overrule a decision laid down by another
bench of equal strength. In option 'c', the impugned judgement is being declared
l-LiwPREP
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| legol Reosoning Module 2
unconstitutional and thus effectively overruled by a bench of the same strength. Thus, 'c' is
the correct answer.
'a' is not the answer as in this situation, a personal attack is being made on the second judge:
the judgment itself has not been ovemuled as such. In 'b', the judgment has merely been
referred to a larger bench and not been overruled as such: thus it is not the answer. In 'd', the
judgment has not been overruled: the cases have been differentiated on facts.
1-26. Answer: B
Explanation; The passage mentions how the basis of the Supreme Court's decision was the
holding that the reservations are an enabling provision and not a right. 'b' is the correct
answer.
127. Answer: C
reservations as an
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option 'b' is ruled out. What argues is that if reservations are con as a facet of
equality, they might lead to the state having an obligation to provide them, Thus, 'd' is the
answer.
'a' is wrong as the author does not say that the judgment is directly in contradiction with
what was held in the earlier Supreme Court's judgment. In fact, "This legal position is not new.
Major judgments these include those by Constitution Benches note that Article 16[4J, on
- -
reselation in posts, is enabling in nature."
L29. Answer: A
Explanation.. In the provision as has been extracted here, only religious and denominational
institutions have been exempted. In the original provisions, even governing bodies have been
exempted, but that has not been extrapolated here'
The correct answer is 'a' as the National Commission of minorities is not a religious
institution.
L30. Answer: B
Explanation; The principle states that equals must be treated equally and unequals must be
treated alike. Thus, all the members of A's community must be treated alike, and given the
same benefits of reservation in promotio4-l5r,the State. Of course, had a concept like creamy
layer existed, A could have been lhat ground, but since that principle has
not been given here, it will not plica- not be singled out and excluded.
l3L. Answer: C
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government machinery. Thus, it is violative of the value of federalistn. 'd' is not the answer as
this specific provision is not violative of liberty per se'
134. Answer: C
Explanation; The passage mentions how, under the new amended Act, the Government does
not need reasonable grounds to suspect a person to detain him/her in the first place: mere
suspicion is enough. Thus, even if A is able to prove that his detention was not based on any
reasonable grounds, it will still not become unlawful for being violative of the provisions of
the UAPA. That A is a 'person' and the activities he has been accused of are punishable under
the Act are essentials that need to be proved, as shown in the passage, and if either of them is
not proved, the detention will become unlawful. The question asks candidates to assume that
he can prove these: thus, it is immaterial whether A can actually prove that he is not a
'person'.
L35. Answer: D
Explanation; Article 20[1) bars conviction based on laws that are enforced later. In the
present case, A's detention was based on the commission of offences that happened in 2017
but were criminalizedin 20\9, after the amendments to the UAPA were enforced. Thus, to
prove that the move is of violative of the given article, the Government has to prove that one
of the essentials of Article 20(1) is not satisfied. This has been done in option 'd',
t36.
Explanation.'As given by these
L37. Answer: C
is true in
139. Answer: B
Explanation.'As per the passage, critics of the AIJS have cited 2 provisions- Article 233 and,
Article 235 (paragraph 1J. The argument mentioned in the passage is that appointment
power (that is, at present, with the Governor as per Article 233) will get transferred to the
Central Government. Thus, there will be a threat to the Independence of the f udiciary because
of possible interference.
In paragraph [3), the proponents of the AIfS have proceeded to show that the scope of the
word 'Control' under Article 235 ['one of the provisions cited by the critics'J is actually very
broad. It includes a variety of things. None of the powers that the High Court yields over the
subordinate judiciary post the appointment of the judges will be substantially altered: there
will only be some procedural changes. red by'b'. Thus, this answer is correct.
'd' is wrong as the cases becausq the pd the cases that have been cited define
'control' under Article 235. No the AIfS has been mentioned in the
passage.
P.S..You might think that ntial alterati of Article 235 as appointment of
District judges is also part of and this has been taken away from
the High Courts to the Central also been mentioned in the passage,
'"the Constitution gives the finai pointments of district judges to the
executive, and there is no change in the hder the AIIS." Thus, lControl'did not include
nal power
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nation: As per Article 37 isions of Part IV are not enforceable in court. Thus, A will
not be successful in court. Note that in this question, A's prayei has neen ttr" ."i"i."*."irf
Article 50 specifically.
742. Answer: D
Explanation: a','b' and 'c' deal with the interpretation of the provision and are thus relevant
factors that need to be considered. 'd' is not relevant under this provision: if the act of the
author amounts to publication [or 'any other act' as defined by the provisionJ, the reach and
readership of the newspaper is immaterial,
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143. Answer=B
Explanation.' Neither the principle not Value 6 talks about the intention of the violator of the
resolutions of the full court. Thus, it is an irrelevant factor,
744. Answer= A
Explanation.' In the passage, the author is clearly against such bonhomie between the
executive and the judiciary as was noticeable in the international conference. Even if the
author agrees with the factual statement that such bonhomie will make governance fast and
inefficient [which is itself not certain), it is highly unlikely that he/she will consider it as a
good reason to conclude that this is 'desirable', considering the importance he attaches to
constitutional norms and judicial cond m the given options, the answer is 'a'.
'b' is apparent from how the au s these jii nts. 'c' is directly stated in the last line
of the passage. 'd' is apparent fl
745. Answer: B
Expla nation., f usti ce Mish ra's n favour of the work being done by
the Prime Minister and thinks o thus might be biased in favour of the
Prime Minister's policies. What a inks of a policy does not matter as long
in court and the
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sion that the judge's judgment wi ced by his opinions, he should
asr princip|!$ltrn t
'ct i ngast 'any a
per should
W{ting a letter condemning students for holdins a lawful protest asainst dela
g-4gg"a!t-o-n,
147. Answer: A
Explanation.'ln the above fact scenario, all the elements of the rule are being satisfied.
1. The student does fall under'whoever'.
2.The damage that he caused was wrongful: he did not have any legal justification to cause it.
3. At the very least, he did have the knowledge that his act might cause damage to the NLSIU
administration.
4. He caused the destruction of the nameplate, which is a'property'.
Legol Reosoning Module 2
Thus, he is liable for mischief. Option 'a' captures how all the elements are satisfied and thus
is the correct answer. The other options err in the application of the rule to the facts and are
thus wrong.
148. Answer: D
Explanation; The facts state that the student was a foreign national i,e. not a citizen of India.
Article 19 expressly states that it applies to citizens. Thus, the arrest is not violative of Article
19.
1.49. Answer: D
Explanation.' Same reasoning as p Question of reasonability comes after the
question of Article 19 to the facts rst placff r, the Article does not apply to X.
750. Answer: B
Explanation.' 'c' is not the a question has lbe answered based on the passage
and the principle. The candi ow whether it is true, and he/she
doesn't have to, to answer the 'll get once you get to NLSIU fit was
even a slogan on one of our pro s a different story), but not the correct
answer.