Q1. Principle: Anyone found in possession of narcotic substances with the intent to distribute will be sentenced to a minimum of 5 years in prison.
Facts: Guhan decides to buy some marijuana for his friend Vagish. He buys 10 grams of marijuana and goes to a party before he goes to Vagish’s place. There is a raid at the party and Guhan is sought to be sentenced to 5 years in prison. This is Guhan’s first offense. Decide.
a. Guhan did not intend to distribute the marijuana, it was meant for his personal use.
b. Guhan meant to give the marijuana to someone and hence he will be sentenced to prison.
c. The 5 year sentence is too harsh for a first-time offender who had very little marijuana.
d. Guhan will be sentenced to prison since he was found in possession of marijuana.
Q2. Principle: Anyone using a forged document (an original document which is tampered with or changed for defrauding or cheating someone) will be liable for forgery.
Facts: Maanav has attendance shortage in NLS and wishes to obtain a medical certificate that would get his shortage condoned. He goes to a doctor and explains his problem to him and the doctor taking pity on him gives him a certificate stating that he was sick on certain designated days. It rains while Maanav is returning from the doctor and the dates get blurred, so Maanav rewrites the dates indicated by the doctor on the certificate. Later it is found that Maanav wasn’t sick on these days and in fact he was holidaying in Goa. Is Maanav liable for forgery?
a. No, he is not since he did not tamper with or change the document in any manner.
b. Yes, he is because he obtained the certificate to cheat the authorities at NLS.
c. No, he is not because the tampering wasn’t intended to cheat the authorities at NLS.
d. Yes, he is because the tampering was intended to cheat the authorities at NLS.
Q3. Principle – Taking away any property (that which is capable of being owned) with dishonest intention without the knowledge or consent of the owner is guilty of theft.
Facts: Raja Event Management Company is organizing a party and they decide to put a hook on live wires to supplement their electricity supply in case they need it. As they are putting the hook; a public spirited citizen Ashish sees this and files a police complaint. Are they guilty of theft?
a. No, because Ashish is not the owner of the electricity.
b. No, because electricity is not property.
c. No, because they haven’t stolen the electricity.
d. Yes, because they were about to steal electricity without the knowledge or consent of the owner.
Q4. Principle: Copying someone’s literary work results in copyright violation unless the copied version is capable of being regarded as a new work in itself.
Facts: RGV made a film involving 2 ex-cons who come to the rescue of a village terrorized by a notorious dacoit. Years later RRK made a movie involving 2 ex-cons who come to the rescue of a city terrorized by a notorious gangster. Is RRK liable for copyright violation?
a. No, he hasn’t copied RGV’s work.
b. Yes, he has stolen RGV’s idea.
c. No, RRK’s movie is capable of being regarded as a new independent work.
d. Yes, RRK has copied RGV’s work and it can’t be regarded as a new independent work.
Q5. Principle: Anyone disturbing the peace of the society without reasonable justification will be liable for causing nuisance.
Facts: The tsunami warning system which keeps a watch on seismic activity in the sea bed has been installed on the eastern coast of India. The government of India which is inexperienced in handling such warning systems misreads one of the readings to mean that an earthquake is imminent. They go on full alert and ask all residents to evacuate immediately. Later when the warning turned out to be false, the residents want to sue the government for causing panic and nuisance. Advise them as to their chances.
a. They will succeed since the government caused panic without reasonable justification.
b. They will not succeed since the point of a warning system is to prepare people and not all warnings will come true.
c. They will succeed since the government was negligent in reading the warning system.
d. They will not succeed since the government can’t be sued.
1-b
ReplyDelete2-d
3-d
4-d
5-b
1)b
ReplyDelete2)d
3)b
4)d
5)a
1.b
ReplyDelete2.a
3.d
4.d
5.a
Here goes:
ReplyDelete1. b 2.a 3.c. 4.c 5.b
Please do post the answers soon.
1. b. clear application of the principle, since Guhan intended to give it to someone else and the marijuana was not meant for his personal use, there was intent to distribute. the amount of marijuana he had is irrelevant. (red herrings, remember?)
ReplyDelete2. a. While the original document was created with the intention of cheating authorities at NLS, there was no tampering subsequently. tampering implies changing something in the original document and this change reflects something other than what the original document was intended for. He merely wrote the dates the doctor had written earlier, so there was no tampering or changing.
3. c. They haven't taken the electricity yet. No stealing, a mere attempt to steal which is not covered under the principle.
4. a. remember general principle and the exception, first make sure that the general principle is satisfied. RRK hasn't copied RGV's work, besides the general theme nothing is similar between the two movies, copying involves more than that. So, when the general principle is not satisfied, there is no question of looking at the exception.
5. b. Warning systems are not accurate and reading the warning signs can't be accurate either. Given the circumstances the govt had reason to believe there were chances of tsunami and it responded accordingly. There was reasonable justification. Also note what is reasonable is also determined by the consequences that a tsunami can cause.