VIVA

LEGAL LANGUAGE

1) Define Person. What are two main types of Persons?

A person is an individual with legal rights and responsibilities. The two main types of persons are natural persons
(humans) and legal persons (entities like corporations).
2) What is the difference between the term "Complaint" and "Plaint"?
The term "complaint" generally refers to expressing dissatisfaction, while "plaint" is a formal written statement of a
plaintiff's cause of action in a civil case.
3) What is the difference between "Appeal" and "Revision"?
"Appeal" involves seeking a higher court's review of a lower court's decision, while "revision" is a review process
within the same court to correct errors.
4) How does "Arbitration" differ from "Adjudication"?
"Arbitration" is a private dispute resolution where a neutral third party decides the outcome, while "adjudication"
involves a court or tribunal making a binding decision.
5) Review application is filed before which court?
A review application is filed before the appellate court.
6) What is an "Affidavit"?
An "affidavit" is a written sworn statement, usually submitted as evidence in court.
7) Who is an "Amicus Curiae?
An "amicus curiae" is a person or organization not directly involved in a case but provides information or expertise to
assist the court.
8) What does the term "Repeal" mean?
"Repeal" means the official removal or abolition of a law.
9) What are the internal aids to Interpretation?
Internal aids to interpretation include the preamble, headings, and schedules within a legal document.
10) What are the external aids to Interpretation?
External aids to interpretation involve sources outside the legal text, such as dictionaries, historical context, and
international treaties.
11) What was the issue before the court in Joseph Shine V Union of India/ D. K. Basu V State of West Bengal?
In Joseph Shine v Union of India, the court dealt with the issue of the constitutionality of adultery laws. In D.K. Basu v
State of West Bengal, the court addressed custodial violence and police powers.
12) What was held by the court in Vishaka V State of Rajasthan?
In Vishaka v State of Rajasthan, the court laid down guidelines to address sexual harassment at workplaces.
TORT
1) Define Tort.
A tort is a civil wrong that causes harm or loss and results in legal liability for the person who commits the wrongful
act.
2) When does the liability in Tort gets extinguished?
The liability in tort gets extinguished when the injured party receives compensation, the wrongdoer is forgiven, or the
claim becomes legally unenforceable due to a lapse of time.
3) What does the meaning of the maxim, "Ubi jus ibi remidium"?
The maxim "Ubi jus ibi remedium" means "Where there is a right, there is a remedy," emphasizing that legal rights
are enforceable by legal remedies.
4) What is the difference between the tort of "Assault" and "Battery"?
Assault is the intentional threat of harmful or offensive contact, while battery involves the actual physical contact or
intentional touching without consent.
5) Define Trespass.
Trespass is the unauthorized entry onto someone else's property.
6) Define Nuisance.
Nuisance is the unreasonable interference with the use or enjoyment of another's property.
7) What is Vicarious Liability?
Vicarious liability holds one person responsible for the actions of another, typically an employer for the actions of an
employee performed within the scope of employment.
8) What is strict liability?
Strict liability imposes liability regardless of fault or intent, often applied in cases involving dangerous activities or
products.
9) What are the extra judicial remedies in Tort?
Extra-judicial remedies in tort include negotiation, mediation, and arbitration as alternatives to resolving disputes
outside the court system.
10) Who is a Consumer?
A consumer is a person who purchases goods or services for personal use.
11) Name the different Consumer Dispute Redressal Agencies.
Consumer Dispute Redressal Agencies include District Consumer Disputes Redressal Forums, State Consumer
Disputes Redressal Commissions, and the National Consumer Disputes Redressal Commission.
12) What are the functions of Consumer Protection Councils?
Consumer Protection Councils function to promote and protect the rights of consumers and provide them with
information about products, prices, and quality.
13) What are the objects of Motor Vehicle Act?
The objects of the Motor Vehicle Act include regulating the use of motor vehicles, preventing road accidents, and
ensuring the safety of road users.

CONTRACT + SPECIFIC RELIEF ACT

1) Define Contract.
A contract is a legally binding agreement between two or more parties that creates rights and obligations
enforceable by law.
2) Define Offer.
An offer is a proposal made with the intention of creating a legal relationship if accepted.
3) Define Promise.
A promise is a commitment to do or refrain from doing something.
4) Define Consideration.
 Consideration is something of value exchanged between parties to a contract, essential for the validity of the
contract.
5) Define Free Consent
Free consent is the voluntary agreement of parties to a contract without coercion, undue influence, fraud,
misrepresentation, or mistake.
6) Give 3 examples of void Agreements.
Examples of void agreements: agreements with unlawful objects, agreements against public policy, and agreements
with a consideration involving illegal activities.
7) What are the different remedies for the breach of Contract?
Remedies for breach of contract include damages, specific performance, injunctions, and rescission.
8) What is void contract?
A void contract is one that lacks legal effect from the beginning, often due to illegality or impossibility.
9) What do you understand by the term, voidable contract?
A voidable contract is valid unless one party chooses to void it due to factors like coercion, fraud, or
misrepresentation.
10) What are injunctions?
Injunctions are court orders that require a party to do or refrain from doing a particular act.
11) What is recession of contract?
Recession of a contract is the cancellation or undoing of a contract, often due to a breach or mutual agreement.
12) What are Possessory remedies?
Possessory remedies involve obtaining or recovering possession of property, such as through replevin or detinue.
LABOUR AND INDUSTRIAL LAW I
1) What are the objects of The Trade Union Act 1926?
The objects of The Trade Union Act 1926 include the registration and protection of trade unions and the promotion
of harmonious relations between labor and management.
2) What are the objects of Industrial Dispute Act, 1947?
The objects of the Industrial Dispute Act, 1947 include the prevention and settlement of industrial disputes,
establishment of industrial peace, and promoting conditions conducive to good industrial relations.

3) What is Collective Bargaining?

Collective bargaining is the negotiation process between employers and labor unions to reach agreements on wages,
working conditions, and other terms of employment.
4) What is the function of International Labor Organization?
The International Labour Organization (ILO) functions to promote social justice and internationally recognized human
and labor rights.
5) Define Industry?
Industry is defined as any systematic activity carried on by cooperation between employers and workers for the
production of goods or services.
6) When is the strike said to be illegal?
A strike is said to be illegal when it violates the conditions specified in labor laws, such as not following the
prescribed procedure or engaging in certain essential services.
7) Define Lay off.
Lay off refers to the temporary suspension of employment by an employer due to reasons like lack of work.
8) How does Lockout differ from Closure?
Lockout is a temporary withholding of work by employers to exert pressure during a labor dispute, while closure is
the permanent cessation of operations.
9) What is the difference between Award and Settlement?
An award is a decision by a labor tribunal, while a settlement is a mutually agreed resolution between the parties
involved.
10) Give 3 examples of Unfair Labor Practices.
Examples of Unfair Labor Practices include discrimination against employees engaging in union activities, interfering
with the formation of unions, and refusing to bargain collectively in good faith.

PT 1
1) What are the Objects of Advocates Act, 1961?
The objects of the Advocates Act, 1961 include the recognition and regulation of the legal profession in India.
2) What are Professional Ethics?
Professional ethics are principles and standards that guide the conduct of professionals, ensuring integrity and
responsibility in their practice.
3) State any two duties of Advocate to the Court?
Two duties of an advocate to the court are presenting cases fairly and assisting in the administration of justice.
4) State any two duties of Advocate to the Client?
Two duties of an advocate to the client include providing competent representation and maintaining confidentiality.
5) State any two duties of Advocate to the Public?
Two duties of an advocate to the public include promoting access to justice and not participating in any conduct that
may harm the public interest.
6) What is Professional Misconduct? Give two examples.
Professional misconduct involves a violation of professional duties. Examples include misappropriation of client funds
and submitting false evidence.
7) What are the three punishments for misconduct, under Advocates Act?.
Three punishments for misconduct under the Advocates Act are reprimand, suspension, and removal of the
1) 2) 3)
advocate's name from the roll of advocates.
8) What are the remedies against the order of punishment?
Remedies against the order of punishment include an appeal to the Bar Council of India or the respective State Bar
Council.
9) Define Bar and Bench?
The bar refers to the legal profession, including lawyers, while the bench refers to the judiciary or judges.
10) What is Contempt?
Contempt refers to any willful disobedience or disregard of authority, often directed at the judiciary.
11) Which different committees are setup under the Advocates Act?
Different committees set up under the Advocates Act include the Bar Council of India, State Bar Councils, and
Disciplinary Committees.
12) What is Civil Contempt?
Civil contempt involves willful disobedience of any judgment, decree, direction, order, or other processes of a court.
13) What is the provision related to legal Aid under Advocates Act?
The provision related to legal aid under the Advocates Act is the requirement for advocates to provide legal aid to
the poor and marginalized.
14) What are the objects of Contempt of Courts Act, 1971?
The objects of the Contempt of Courts Act, 1971 include maintaining the dignity and authority of courts,
safeguarding the right of individuals to criticize judicial acts, and balancing free speech with the administration of
justice.