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SUBJECT – LAW
TOPIC – Concepts of Law: Ownership and Possession, Personality, Liability, Rights, and Duties | Contemporary Legal Issues: Right to Information, Information Technology, Law including cyber crimes (concepts, purpose, prospects), Intellectual Property Rights (concepts, types, purpose) | The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
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LAW PYQs – Click Here
Click on the question to see the model answer. Submit your answers below and complete the 90-day challenge for RAS Mains answer writing
Q1 How has Salmond defined the term ‘liability’ ? 2M
Answer:
Salmond – “ liability is a bond of necessity that exists between the wrongdoer and remedy of wrong”.
This definition summarises the legal obligation or responsibility imposed on an individual to either perform certain actions or abstain from specific behaviours in accordance with legal requirements.
Q2Define the term ‘children’ as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Answer:
According to Section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 “children” includes son, daughter, grandson and grand-daughter but does not include a minor.
Q3 Define the expression ‘right to information’ as used in the Right to Information Act, 2005.Are there any public authorities exempt from providing information under the RTI Act? 5M
Answer:
According to Section 2 of the Act, “Right to information” means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts, or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
Exemption- Intelligence and security organizations specified in the Second Schedule to the Act are exempt from furnishing information under the Act. However, this exemption does not apply if the requested information pertains to the allegations of corruption and human rights violations.
Q4 What is a Patent? What is the term of a patent in the Indian system? Name four Indian laws related to IP ? 5M
Answer:
“Patent” means a patent for any invention granted under the Patent Act 1970. It is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. (WIPO).
India’s IP laws include (any four)
- The Trademark Act,1999 (as amended in 2010)
- Copyright Act, 1957
- Design Act, 2000
- The Patents Act, 1970 (as amended in 2002)
- The Geographical Indications of Goods (Registration & Protection) Act, 1999
- The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001
- Semiconductor Integrated Circuits Layout-Design Act, 2000
Q5 Elaborate any one of the following themes in approximately 150 words : [RAS Mains 2018]
Justice delayed is justice denied.
Answer:
Justice delayed is justice denied
“Without Justice, life would not be possible, and even if it were, it would not be worth living”.
“Justice Delayed is Justice Denied” is a legal principle. Delay and unresolved questions have been the cause of controversy for the Indian judiciary for a long time. In the last five decades, the judiciary, leading experts, and legal advisors have established many schemes to address posting and adjudication problems in India. Justice to all…the weak and the mighty, the rich and the poor…is the cornerstone of modern civilization. Justice to all is the quality of being impartial and prompt in dispensing justice. Delayed justice devalues the spirit of law. Timely justice upholds the honour & dignity of the aggrieved party and punishes those who violate the law. Delayed justice defeats the purpose of law while causing untold sufferings to those who need justice. Justice done in time has a positive effect on other institutions of the society. If justice is delayed, the sufferings continue to pile on till the time justice is done. The fact is that delayed justice is no justice at all. Doing justice is one thing and doing it in time is another. Delayed justice amounts to dehumanizing the institutions of our society. The sooner justice is done, the better it is. Else justice loses its soul and essence. As “justice delayed is justice denied,” they claim “justice hurried is justice buried” is equally valid. Therefore, the requisite condition of fair justice and balance of convenience is an appropriate, rational, and due hearing for all cases. Law is an outstanding achievement, which needs tremendous respect.