CBSE Class 12 Marking Scheme 2022 for Legal Studies

CLASS XII- 2021-2022
LEGAL STUDIES (074)
TERM 1
MARKING SCHEME OF SAMPLE QUESTION PAPER

Maximum marks: 40
Total questions: 60
Questions to be attempted: 50
Time Allowed: 90 minutes
SECTION A: Knowledge + Understanding
Maximum Marks: 20
Total questions:24
Questions to be attempted:20

S.NO. QUESTION ANSWER

1 Which of the following provisions of the constitution was carved during c.Independence
its formation, because India was transitioning from a feudal to of judiciary
democratic order:

a. Fundamental rights
b. Fundamental duties
c. Independence of judiciary
d. Federalism

2 Indian police have extensive powers for crime detection and a.Article 20(3)
investigation. But such powers should not impinge upon the rights of
accused. This right has been guaranteed under:

a. Article 20(3)
b. Article 21
c. Article 22
d. Article 20(4)

3 Which of the following is not a part of Article 21? d.Right to
constitutional
a. Right to life remedies
b. Right to food
c. Right to livelihood
d. Right to constitutional remedies

1

4 Transfer of property by exchange can happen only by way of: a.Sale

a. Sale
b. Lease
c. Gift
d. Will

5 An offer lapses by _______________. b.Revocation

a. Discharge
b. Revocation
c. Performance
d. Breach

6 Under criminal law, drug trade would fall under which category of crime d.Organised
crime
a. Crime against person
b. Crime against property
c. White collar crime
d. Organised crime

7 Segregating the wrongdoer from the rest of the society by giving him b.Incapacitation
imprisonment serves which objective of criminal law?

a. Retribution
b. Incapacitation
c. Rehabilitation
d. Restoration

8 When certain terms or all terms of a contract are cancelled it is known b.Rescission
as

a. Novation
b. Rescission
c. Waiver
d. Merger

9 In automobile insurance, all drivers are required to pay insurance c.Loss-spreading
premiums, which are then used by insurance companies to compensate to a wider
victims. In the above case, which object or purpose of Tort law is being community to
achieved? compensate the
victims
a. Deterrence so that the victims can be compensated for a
wrongful act
b. Fair and Just response to compensate the victims and to satisfy
the ends of justice

2

c. Loss-spreading to a wider community to compensate the victims
d. There is no object or purpose of tort law that is being achieved

10 Section 89 of Civil Procedure Code only deals with _________. d.Court referred
mediation
a. Mediation with arbitration
b. Pre-litigation mediation
c. Appellate mediation
d. Court referred mediation

11 An informal dispute resolution method where the two parties discuss the a.Mediation
issues before a neutral third party who will assist the parties to reach an
agreement

a. Mediation
b. Arbitration
c. Conciliation
d. Judicial determination

12 The Arbitration and Conciliation laws in India have been largely b.United Nations
influenced by significant movements of judicial reforms and conflict
Commission on
management across the world. The Indian Arbitration and Conciliation
International
Act, 1996 is modelled on which laws? Trade Law Model
law on
a. Universal Declaration of Human Rights International
b. United Nations Commission on International Trade Law Model Commercial
law on International Commercial Arbitration Arbitration
c. United Nations Commission on International Trade Law Model
law on Arbitration
d. Vienna Convention

13 Disputes in Lok Adalat are resolved by: D. Mediation,
negotiation or
a. Mediation only through arbitral
b. Negotiation only process
c. Arbitral process
d. Mediation, negotiation or through arbitral process

14 Which one of the following provisions shows that Indian Constitution is d.Distribution of
Federal? powers between
centre and the
a. A Written and rigid Constitution States
b. An Independent Judiciary
c. Vesting of residuary powers with the Centre
d. Distribution of powers between centre and the States

15 Separation of powers cannot be strictly applied to ___________ form of a.Parliamentary

3

Government.

a. Parliamentary
b. Presidential
c. Monarchy
d. Democratic

16 Who among the following is the chairman of Lok Adalat? a.Sitting/Retired
Judge
a. Sitting/Retired Judge
b. Lawyer
c. Activist
d. Retired Judge only

17 The objective of awarding damages by the court is to put the injured a.Doctrine of
party in the same position as he would have been if the contract had not Restitution
been breached. This is known as

a. Doctrine of Restitution
b. Doctrine of Retribution
c. Doctrine of Election
d. Doctrine of Lis Pendens

18 The Constitution of India gives vast powers to the Court and ensures d.The conduct of
independence of the judiciary. Which of the following statement is judges can be
incorrect with regard to independence of judiciary discussed in the
parliament or
a. The judges cannot be easily removed from their office except for state legislature
proven misbehaviour or incapacity
b. Judges derive their salaries from the consolidated fund of India
c. Judges are provided with security of tenure till they reach
retirement age
d. The conduct of judges can be discussed in the parliament or
state legislature

19 Which form of arbitration has been defined specifically under section c.International
2(1)(f) of the Arbitration and Conciliation Act, 1996? Commercial
Arbitration
a. Domestic Arbitration
b. Institutional Arbitration
c. International Commercial Arbitration
d. Foriegn Arbitration

20 Which one of the following tribunals flourishing in the Vedic age a.Kula
specialised in the disputes of family, community, tribes and castes?

a. Kula

4

b. Shreni
c. Puga
d. Panchayat

21 What is meant by Trespass to Chattel? a.Damage to a
person’s
a. Damage to a person’s personal moveable property personal
b. Damage to a person’s personal immovable property moveable
c. Transfer of moveable property to another person property
d. Physically invading another person’s property

22 Which of the following is NOT true with respect to independence of the d.It maintains
judiciary? supremacy of
executive
a. It strengthens the role of judiciary as a watchdog of democracy
b. It ensures fair trial
c. It protects fundamental rights
d. It maintains supremacy of executive

23 ‘The Lokpal and Lokayukta Act, 2013 aims to combat acts of bribery and c.Against any
corruption of public servants-a term that has been given a fairly wide person who has
interpretation in the Act.’ As per the legislation, an enquiry of corruption been a member
can be initiated against which of the following persons? of either house of
parliament.
a. Against the ex-prime minister of India accused of corruption in
matters pertaining to international relations
b. Against the ex-prime minister of India accused of corruption in
matters relating to internal security.
c. Against any person who has been a member of either house of
parliament.
d. Against any member of Parliament against whom allegation of
corruption is raised for anything said or a vote given by him in
the parliament

24 As per Section 3 of the Transfer of Property Act, 1882, immovable c.Land
property includes

a. Standing Timber
b. Grass
c. Land
d. Growing crops

5

SECTION B-Application and Other higher order thinking
(analysis/ synthesis/ evaluation)
Maximum Marks: 20
Total questions: 24
Questions to be attempted: 20

S.NO. QUESTION ANSWERS

1 Mr. Satish Kumar was a Supreme Court judge. It was discovered that he a.Two are
was embroiled in misappropriation of funds. An inquiry under the Judges judges one
Inquiry Act was done by a committee of three members, of which from Supreme
Court and one
a. Two are judges -one from Supreme Court and one Chief Justice of Chief Justice of
High Court High Court
b. Three are judges- two judges from Supreme Court and one from
High Court
c. Two are judges- one Chief Justice of India and one Chief Justice of
High Court
d. Three are judges -one judge of Supreme Court and two judges
from High Court

2 The dispute regarding the sharing of water resources between the State of b.Original
Tamil Nadu and Kerala with respect to Mullaperiyar dam can be brought jurisdiction
before the Supreme Court under exercise of which jurisdiction?

a. Advisory jurisdiction
b. Original jurisdiction
c. Appellate jurisdiction
d. Judicial review

3 Rajesh served in the Indian army as a commando. He was asked to report a. Principle of
for an urgent mission. He failed to report. A disciplinary action was taken proportionality
against him. While pronouncing the punishment, the court martial must
employ which of the following principles?

a. Principle of proportionality
b. Principle of reasonableness
c. Principle of legitimate expectation
d. Principle of judicial review

4 Monica wanted to gift her farmhouse in Chandigarh to her sister Somita. b. Gift is void

6

She offered the gift to Somita, but before it could be accepted by her,
unfortunately, Somita passed away. Which of the following would be true
with respect to the gift?

a. Gift is valid
b. Gift is void
c. Gift will pass on to the legal heirs of Somita
d. Gift is voidable at the option of Somita’s legal heirs

5 c.No, Doctrine
A property belonging to Rajeev is in litigation. Rajeev is expecting to of lis pendens
get judgement in his favour. Can he sell the property to Pankaj or any applies
other person before the judgement is given?

a. Yes, Rajeev is expecting a positive judgement
b. Yes, but only to Pankaj
c. No, Doctrine of lis pendens applies
d. The court will decide

6 Aman contracts to take in cargo for Bittu at a foreign port. The c.The contract
Government of Aman’s country afterwards declares war against the becomes void
country in which the port is situated. when war is
declared
a. The contract cannot become void when war is declared
b. The contract becomes partly void when war is declared
c. The contract becomes void when war is declared
d. The contract is valid under all conditions

7 Bimal in a fit of anger killed his wife over a heated argument. In a state of c.The
drunkenness, he confessed to the crime before his own brother who is statement is
also a magistrate. The statement made by Bimal before his brother would not a
be regarded as: confession as it
is not made in
a. Judicial Confession as it is made before the magistrate a fit state of
b. Extra-judicial confession as it is made before his brother mind
c. The statement is not a confession as it is not made in a fit state of
mind
d. The statement will be regarded as admission

8 Ankit was accused in a case of theft and a criminal action was initiated c. This is an
against him. While the trial was pending in the court, Ankit approached the example of

7

prosecution and tried to negotiate the matter. He agreed to plead guilty in plea bargaining
return for a lesser punishment. Choose the correct option with respect to
the above arrangement:

a. Theft is a compoundable offence
b. Theft is a non compoundable offence
c. This is an example of plea bargaining
d. This is an example of summary trial

9 Sandeep and Sarika were involved in a business transaction where a c. Award
dispute arose and the same was referred to arbitration. The award given violates public
by the arbitrator was in the form of a wager. Identify the ground on which policy
the award can be set aside:

a. Bias of arbitrator
b. Dispute outside the scope of arbitration agreement
c. Award violates public policy
d. Improper appointment of arbitrator

10 Match the following: a. A-2; B-3; C-
4; D-1
List I List II

A Motive 1 Necessary requirement to
establish criminal liability

B Attempt 2 Driving force behind
commission of an act

C Knowledge of the act to 3 The stage at which criminal
be unlawful liability arises since it has
gone beyond preparation

D Mens rea 4 Not necessary

a. A-2; B-3; C-4; D-1
b. A-1; B-2; C-3; D-4
c. A-3; B-4; C-1; D-2
d. A-4; B-1; C-2; D-3

11 Assertion (A): A contract lawyer would look up the Contract Act to look for a. Both A and
rules to be applicable in a given fact situation. A tort lawyer would look for R are true and
rules as developed by courts in similar cases. R is correct
explanation of
Reason (R): Torts are mostly a common law subject; A

a. Both A and R are true and R is correct explanation of A
b. Both A and R are true and R is not the correct explanation of A

8

c. A is true and R is false
d. A is false and R is true

12 Assertion(A): In an adversarial system, the parties in a legal proceeding b. Both A and
develop their own theory of the case and gather evidence to support their R are true and
claims. R is NOT the
correct
Reason(R): In an Adversarial system, cross-examination is an effective explanation of
way to test the credibility of the witnesses presented. A

a. Both A and R are true and R is the correct explanation of A
b. Both A and R are true but R is NOT the correct explanation of A
c. A is correct but R is incorrect
d. A is incorrect but R is correct

13 Why do most accused persons not lead defence evidence in India? b. In India, the
prosecution
a. Accused persons are mostly poor and do not have resources to has to prove
hire a good lawyer to defend them the offence and
b. In India, the prosecution has to prove the offence and the degree of the degree of
proof required is beyond reasonable doubt proof required
c. The judge plays a proactive role and investigates the case so is beyond
accused persons are not required to lead evidence reasonable
d. Accused persons depend on legal aid so are unable to lead doubt
defence

14 Daffodil company takes Marigold company to court over its honey d.Design
packaging accusing it of imitation of Daffodil’s product. The packaging is
protected under:

a. Patent
b. Copyright
c. Trademark
d. Design

15 Ravi agrees to give Rs. 5000/- to Sam if he wins the online ludo game with a. This contract
him. Sam agrees to pay the same amount to Ravi if he wins the game. is invalid as it
amounts to
a. This contract is invalid as it amounts to wagering wagering
b. This contract is invalid as online ludo is banned
c. This contract is valid as it is a contingent contract
d. This contract is valid as there is reciprocal promise

16 Ajay was facing Chitra and Binny’s back was towards Chitra, who was c. Chitra is
aiming a gun towards Binny. Ajay informed Binny of the same and even liable as
though Chitra did not fire a shot, Binny sues Chitra for tort of assault. through Ajay

9

Choose the best option: an imminent
threat was
a. Chitra is not liable for assault as Binny had her back towards Chitra created in the
and she could not perceive the threat mind of Binny
b. Chitra is not liable for assault as there was no imminent threat
c. Chitra is liable as through Ajay an imminent threat was created in
the mind of Binny
d. Chitra is liable for battery

17 Assertion(A): The major advantage of an ombudsman is that he or she b.Both A and R
avoids the conflicts of interest inherent in self-policing. are true but R
is not the
Reason(R): Duties of an ombudsman are to investigate complaints and correct
attempt to resolve them, usually through recommendations (binding or not) explanation of
or mediation. A

a. Both A and R are true and R is the correct explanation of A
b. Both A and R are true but R is not the correct explanation of A
c. A is correct but R is incorrect
d. A is incorrect but R is correct

18 The declining quality of judicial service and inability of judges to properly b.Relatively
effectuate the stipulated judicial workload has been attributed to early retirement
age
a. Relatively lower salary
b. Relatively early retirement age
c. Enhanced retirement age
d. Collegium model

19 Dinkar wants to be appointed as a District Judge in the state of Delhi. b. Member of
Under Article 233, the governor decides on the appointment in consultation judicial service
with the High Court. The minimum qualification required is: of the state

a. Eminent jurist
b. Member of judicial service of the state
c. Minimum 10 years experience at the bar
d. Minimum 5 years as Advocate of High Court

20 Mr. Lal and his friend, Mr. Kumar entered into a partnership to carry on the d.Conciliation
business of creating digital products like print-on-demand posters, greeting
cards, T-shirts etc. and online courses. After a year of launch of successful
partnership firm, creative differences and other issues arose between Mr.
Lal and Mr. Kumar that created a rift between them. To help resolve their
dispute, Mr. Borwanker, the Secretary of a Law firm, is facilitating Mr. Lal
and Mr. Kumar to exchange ideas and to give possible alternative
solutions. Mr. Borwanker is resorting to which dispute resolution method?

a. Arbitration
b. Negotiation

10

c. Mediation
d. Conciliation

21 Amy is a young lawyer representing her client in a criminal case. She is a. UK
preparing for examination-in-chief as the system requires strict
interpretation of the law. The case will be evaluated based on evidence
presented before the judge. She is a practicing lawyer in which country?

a. UK
b. Europe
c. Russia
d. Germany

22 Kishore was contacted by a customer representative of a digital wallet b.File a
company, MTM. The representative informed Kishore that his KYC is due complaint with
and to complete the KYC, Kishore is required to download an application Ombudsman
and submit the form with his card details. Kishore downloaded the
application and submitted the form with his card details. Immediately after
submitting the form, Kishore’s card was charged for Rs.5 lacs. Kishore
immediately called the helpline number of MTM and informed them about
the charge on his card. However, MTM’s representative said that he
cannot help Kishore in this regard. What remedy does Kishore have?

a. File a criminal case against MTM
b. File a complaint with Ombudsman
c. File a complaint with Lokpal
d. There is no remedy

23 The Central government legislates on a matter listed under the State list b. Invalid
given in the Seventh Schedule of the Indian Constitution. The Supreme
Court determines that such an action is incompatible with the constitution
and is ______.

a. Valid
b. Invalid
c. Voidable
d. Justiciable

24 A person of 62 years has been appointed to fill a public office whereas the a.Writ of quo-
retirement age is 60 years. Which immediate remedy is available before warranto
the High Court?

a. Writ of quo-warranto
b. Writ of habeas Corpus
c. Writ of mandamus
d. Writ of prohibition

11

SECTION C- Case Based Questions
Maximum Marks: 10
Total questions: 12
Questions to be attempted: 10

S.NO. QUESTION ANSWER

1 In 1979, A Supreme Court bench headed by Justice P.N. Bhagwati c.Public
declared the right to free legal aid and expeditious trial for the Interest
prisoners, who were stuck in a Bihar Jail, which ultimately led to their Litigation
release. This became a landmark case as it established the role of
being an activist for the Supreme Court, in the form of:

a. Appellate Jurisdiction
b. Advisory Jurisdiction
c. Public Interest Litigation
d. Original Jurisdiction

2 a.Election
Mr. Akash stood as an independent candidate in the State Assembly disputes are
elections. On losing, he raised an objection to the counting of the expressly
votes and thus an election dispute arose. He brought the dispute excluded from
before a mediator, Mr. Verma, but Mr. Verma expressed his the scope of
incapacity to mediate the matter. For the given situation, choose the mediation
correct statement.

a. Election disputes are expressly excluded from the scope of
mediation
b. Mr. Verma should mediate the matter as it is the best suited
alternative dispute resolution mechanism
c. Mr. Verma should not mediate the matter as the outcome of
mediation is not binding
d. Mr. Verma should mediate the matter only when it is court
referred

3 Mrs. Mala, an employee in the State Telecom Department, aggrieved c.Division
by the denial of promotion by the department, approached the State bench of the
Administrative Tribunal. The Tribunal ruled in favour of the High Court
department. Mrs. Mala wants to appeal against the order of the
Tribunal. Which forum can she approach to resolve her dispute?

a. District Court
b. Division bench of the Supreme Court
c. Division bench of the High Court

12

d. Central Administrative Tribunal

4 Herbicure Limited, a paint manufacturing company advertised their c.Deposit of
soil proof paint, Mericuren and claimed that the coating of this paint the Rs. 10
would prevent termite attack for a minimum period of 2 years after lacs in the
applying the paint. The company also claimed that it would give a bank
reward of Rs. 10,000 to anyone who purchased the paint and followed
the instructions for the application of the paint and still got a termite
attack. The company deposited an amount of Rs.10 lacs in State
Bank of India towards the reward. Ms. Shruti, upon seeing the
advertisement, purchased the paint and applied it as per the
instructions. Within a year of applying the paint, she saw a termite
attack on her walls. What established the fact that the company had
any real intention to enter into a legal relationship with anyone who
accepted the offer?

a. The offer of a reward of Rs. 10,000
b. Putting up of the advertisement
c. Deposit of the Rs. 10 lacs in the bank
d. Instructions given in the advertisement

5 Article 368 of the Constitution confers power to the Parliament to c.Keshavanan
amend the Constitution. Article 13 (2) states that the state shall not d Bharati V.
make any law which takes away the Fundamental Rights. To State of
overcome this restriction, the Parliament adopted the 24th Kerala
amendment to the Constitution which altered articles 13 and 368 in
such a way that allowed itself with unlimited powers of amendment,
including the authority to amend fundamental rights.
Identify the case which restricted this power in 1973 by establishing
the doctrine of Basic structure

a. Maneka Gandhi V. Union of India
b. Three Judges cases
c. Keshavananda Bharati V. State of Kerala
d. Hussainara Khatoon V. State of Bihar

6 c. Principle of
Mr. Kapur runs a chemical fertiliser company. One day, he received a post
notice revoking his license to run the fertiliser factory. He was decisional
aggrieved that he did not get a chance to represent his case and the hearing
inspector who revoked the license stated that an opportunity to
represent his case could not be given as it was a policy decision to
shut down all the chemical fertiliser factories in different phases. In
light of the landmark case on ‘audi alteram partem’, identify the
principle established by the court.

a. Principle of equity
b. Principle of fairness
c. Principle of post decisional hearing

13

d. Principle of reasonableness

7 b. 4,1,2,3
Sequentially arrange the events in accordance with the Three Judges
Case in matters of appointment of judges:

1.Executive has primacy in appointment of judges

2.Chief Justice of India has primacy in matters of appointment of
judges

3.Collegium system is an integrated participatory consultative process

4.14th Law Commission report

a. 1,2,3,4
b. 4,1,2,3
c. 1,3,2,4
d. 4,3,2,1

8 a.Duty of care
Sheela bought a packet of potato chips from the brand Crispy. While
eating the chips, she noticed a dead cockroach in the packet.
Consequently, she fell sick and sued the company, Crispy for
compensation. Which of the following elements needs to be
established by Sheela to win the claim against the company?

a. Duty of care
b. Non natural use of land
c. Inherently dangerous activity
d. Intention

9
The concept that an enterprise must be absolutely liable to a.M.C. Mehta
compensate for the harm and it should be no answer that the V. Shri Ram
enterprise had taken all reasonable care and that harm occurred Foods and
without any negligence on its part, was developed in which of the Fertilizer
following case? Industries

a. M.C. Mehta V. Shri Ram Foods and Fertilizer Industries
b. Kartar Singh V. State of Punjab
c. Shanta Bai V State of Bombay
d. Hussainara Khatoon V Union of India

14

10
Match the following a. 1-C, 2-D,
3-B, 4-A
1 In Re Sreerangayee A Extra Judicial Confession
case

2 State of Maharashtra v. B Mens rea must be read
Mayor Hans George into a statutory penal
provision unless
expressly excluded

3 Kartar Singh v. State of C Both Mens Rea and
Punjab actus reus required for
affixing criminal liability

4 Sahoo v. State of U.P. D Mens rea can only be
excluded if the
implementation of the
statute would be
otherwise defeated

Choose the correct options

a. 1-C, 2-D, 3-B, 4-A
b. 1-A, 2-B, 3-C, 4-D
c. 2-C, 3-D, 4-A, 1-B
d. 1-D, 3-C, 2-B, 4-A

11
Naina was the owner of a theatre. She rented out the theatre to her a. Anika can
friend Gita who further sub let the same to Anika. While Anika was recover the
preparing to use the theatre, Naina interfered in her possession and money as
to settle the matter, Anika paid Naina 50 lakh rupees. Can Anika Naina had no
recover this money?: right to
interfere in
a. Anika can recover the money as Naina had no right to interfere her
in her possession possession
b. Anika cannot recover the money because it was a valid
settlement between them
c. Anika can recover the money because she had invested in the
theatre

15

d. Anika can recover the money because Gita is not her friend

12
Sheena was a builder. She constructed a shopping complex at the b. Ajit is not
behest of the District Collector on Government land and gave shops liable to pay
on lease to earn revenue. Ajit took a shop on rent and promised to as
pay 5% commission above the rent. However later on he refused to consideration
pay the commission. Sheena sued Ajit for breach of contract. Choose was missing
the best option: in this
particular
a. Ajit is liable to pay as it was a valid contract promise
b. Ajit is not liable to pay as consideration was missing in this
particular promise
c. Ajit is not liable to pay as this was not a valid offer
d. Ajit is liable to pay as Sheena is related to the District Collector

16

17