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Globally Recognized Human Rights via Advocatetanmoy Law Library

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

1- The protection of Human Rights Act in India was enacted in the year

(A) 1993

(B) 1994

(C) 1995

(D) 1996

Answer: (A)

2. Which one of the following categories of Fundamental Rights incorporates ‘Abolition of Untouchability’?

(A) Right to Religion

(B) Right to Equality

(C) Right to Freedom

(D) Right against Exploitation

Answer: (B)

3. Helsinki Declaration, 1964 is concerned with

(A) War prevention

(B) Human Experimentation

(C) Gender discrimination

(D) Child Abuse

Answer: (B)

4. Who introduced the concept of third generation Human Rights?

(A) Tullius Cesero

(B) Jermy Bentham

(C) John Finnis

(D) Karel Vasak

Answer: (D)

5. The Universal Declaration of Human Rights was adopted on

(A) December 1, 1948

(B) December 10, 1948

(C) December 11, 1948

(D) December 31, 1948

Answer: (B)

6. Which one of the Schedules of the Constitution given below deals with recognised languages?

(A) Schedule 8

(B) Schedule 7

(C) Schedule 12

(D) Schedule 9

Answer: (A)

7. Which one of the following is not a UN Agency?

(A) UNICEF

(B) UNESCO

(C) WTO

(D) ILO

Answer: (C)

8. Which Article of the Third Geneva Convention of 1949 defines the prisoners of War?

(A) Article 1

(B) Article 2

(C) Article 3

(D) Article 4

Answer: (D)

9. The International Criminal Court (ICC) Review Conference, 2010 held at

(A) Paris

(B) Kampala

(C) The Hague

(D) Rio de Janeiro

Answer: (B)

10. Who coined the term ‘Genocide’?

(A) Raphael Lemkin

(B) Eleanor Roosevelt

(C) P Thornberry

(D) Jafferson

Answer: (A)

11. Which one of the following statements is not correct about the Refugees?

(A) They are outside their country

(B) Fear of persecution

(C) Absence of National protection

(D) Poverty as reason of being outside the country

Answer: (D)

12. Right to Education is guaranteed under Article

(A) 14

(B) 19

(C) 21-A

(D) 21

Answer: (C)

13. Fundamental Duties are contained in

(A) Part IV Article 51-A

(B) Part IV Article 51-B

(C) Part III Article 35

(D) Part III Article 17

Answer: (A)

14. Who was the founder of the International Committee of the Red Cross?

(A) Henry Dunant

(B) F. Lieber

(C) Rousseau

(D) None of the above

Answer: (A)

15. The UN Sub-Commission on ‘The Prevention of Discrimination and Protection of Minorities’ wasestablished in 1947 by

(A) General Assembly

(B) Security Council

(C) Commission on Human Rights

(D) International Court of Justice

Answer: (C)

16. Who among the following propounded the modern principles of Natural Justice?

(A) Locke

(B) J.S. Mill

(C) A.V. Dicey

(D) John Rawals

Answer: (C)

17. Guidelines for arrest of persons by the police were given by the Supreme

Court in which of the following cases?

(A) Maneka Gandhi vs. Union of India

(B) Auto Sankar vs. State of Tamil Nadu

(C) Hussainara Khatoon vs. State of Bihar

(D) D. K. Basu vs. State of West Bengal

Answer: (D)

18. Which Amendment introduced the word ‘secular’ in the Preamble of Indian Constitution?

(A) 44th

(B) 42nd

(C) 93rd

(D) 16th

Answer: (B)

19. The legal positivism, a school of thought which does not accept human rights as merely moral or just was propounded by

(A) Plato

(B) Aristotle

(C) Hegel

(D) Austin

Answer: (D)

20. ‘Laissez faire’ philosophy is an anti thesis of

(A) Interventionist State

(B) Repressive State

(C) Soft State

(D) Welfare State

Answer: (D)

Question Nos. 21 – 30 contains two statements-one labelled as Assertion (A) and the other as Reason (R). Examine whetherthe statements are correct and related to eachother with the help of the codes given below:

21. Assertion (A): One of the fundamental principles of the Indian

Constitution is the Rule of Law.

Reason (R): The Constitution of India has guaranteed to every citizen the equality before law and has recognized the judiciary as the unfailing guardian of the rights of people.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

22. Assertion (A): Women in India today legally enjoy equal opportunities with men in all the fields.

Reason (R): The Constitution of India prohibits any kind of discrimination against women.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

23. Assertion (A): Bonded Labour is illegal in India.

Reason (R): Constitution of India prohibits bonded labour.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

24. Assertion (A): Fundamental Rights and Directive Principles constitute a body of rights/privileges guaranteed by the Indian Constitution to the people.

Reason (R): Fundamental Rights are justiciable whereas Directive principles are not.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (D)

25. Assertion (A): Fundamental Duties are not enforceable before a Court of Law.

Reason (R): Fundamental Duties can be enforced only through Constitutional means.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

26. Assertion (A): Power of the President to grant pardon and to suspend, remit or commute sentences under Article 72 of the Constitution is politically much abused from the Human Rights point of view.

Reason (R): The advice given by the Council of Ministers to the President under Article 74 of the Constitution is binding on the President.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

27. Assertion (A): Right to life and personal liberty under Article 21 cannot be abridged even during emergency.

Reason (R): There is no need of emergency provisions in a democratic country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

28. Assertion (A): Capital punishment (Death Sentence) is impermissible Under the Universal Declaration of Human Rights (UDHR).

Reason (R : According to Article 5 of universal Declaration of Human Rights (UDHR), no one shall be subjected to Torture or to cruel, inhuman or degrading treatment or punishment.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

29. Assertion (A): Directive Principles of State policy are not justiciable in a Court of Law.

Reason (R): The Directive Principles are Fundamental in the governance of the country.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and (R) is not the correct explanation of (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (B)

30. Assertion (A): Marx was against the Religion.

Reason (R): Religion is opium of the masses.

Codes:

(A) Both (A) and (R) are correct and (R) is the correct explanation of (A).

(B) Both (A) and (R) are correct and(R) is not the correct explanationof (A).

(C) (A) is correct, but (R) is incorrect.

(D) (A) is incorrect, but (R) is correct.

Answer: (A)

31. Arrange the following laws in chronological order in which they addressed Human Rights problems relating to practice of untouchability.

(i) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(ii) The Protection of Civil Rights Act.

(iii) The Untouchability Offences Act.

(iv) The Bihar Harijan (Removal of Civil Disabilities) Act

Codes:

(A) (iv) (iii) (ii) (i)

(B) (iii) (ii) (iv) (i)

(C) (ii) (i) (iv) (iii)

(D) (i) (ii) (iii) (iv)

Answer: (A)

32. Arrange the following events in chronologically

(i) Nehru Report

(ii) Objective Resolution

(iii) Sapru Report

(iv) Morley Minto Reforms

Codes:

(A) (iv) (i) (iii) (ii)

(B) (i) (ii) (iii) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (A)

33. Arrange the following in order of the year of their establishment:

(i) Sachar Committee

(ii) Rangnath Mishra Commission

(iii) Gopal Singh Committee

(iv) Nanavati Commission on Godhra

Codes:

(A) (iii) (iv) (ii) (i)

(B) (i) (ii) (iii) (iv)

(C) (iv) (iii) (ii) (i)

(D) (ii) (iii) (iv) (i)

Answer: (A)

34. Arrange the following Fundamental Rights enshrined in the Constitution of India in order of sequence:

(i) Right to form Association

(ii) Right to Education

(iii) Prohibition of Traffic in human beings and forced labour

(iv) Right to Constitutional Remedies

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (iv) (i)

(C) (iv) (iii) (ii) (i)

(D) (i) (ii) (iii) (iv)

Answer: (D)

35. Arrange the following Human Rights Conventions in the chronological order of their adoption:

(i) Convention on the elimination of all forms of discrimination against women.

(ii) Convention on the prevention and punishment of the crime of genocide.

(iii) Convention on the protection of the Rights of Migrant workers.

(iv) Convention against Torture.

Codes:

(A) (i) (ii) (iii) (iv)

(B) (ii) (i) (iv) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (iii) (ii) (i)

Answer: (B)

36. Arrange the following events in the order in which they happened using the codes given below:

(i) Swadeshi Movement

(ii) Motilal Nehru Committee

(iii) Quit India Movement

(iv) Jalianwala Bagh

Codes:

(A) (i) (ii) (iv) (iii)

(B) (i) (iv) (ii) (iii)

(C) (iii) (ii) (i) (iv)

(D) (iv) (ii) (iii) (i)

Answer: (B)

37. Who among the following launched educational reform movements among Muslims in India?

(i) Sir Syed Ahmed Khan

(ii) Sir W.W. Hunters

(iii) Shah Waliullah

(iv) Zakir Hussain

Codes:

(A) (i) and (iv)

(B) (i) and (iii)

(C) (ii), (iii) and (iv)

(D) (iii) and (iv)

Answer: (A)

38. Arrange sequence of following concepts as they appear in the Universal Declaration of Human Rights, 1948, using codes given below:

(i) Marriage

(ii) Right to Education

(iii) Arbitrary arrest

(iv) Equality

Codes:

(A) (iii) (ii) (i) (iv)

(B) (iv) (ii) (i) (iii)

(C) (iv) (iii) (ii) (i)

(D) (iv) (iii) (i) (ii)

Answer: (D)

39. Arrange sequence of following concepts as appearing in International Covenant on Civil and Political Rights, 1966:

(i) Liberty of movement

(ii) Torture, in human treatment and punishment

(iii) Slavery

(iv) Family

Codes:

(A) (iii) (ii) (i) (iv)

(B) (ii) (iii) (i) (iv)

(C) (ii) (iii) (iv) (i)

(D) (iv) (i) (iii) (ii)

Answer: (B)

40. Arrange the following regional human rights instruments in the order of their adoption:

(i) African Charter on Human and People’s Rights

(ii) American Convention on Human Rights

(iii) European Convention on Human Rights

(iv) Arab Charter on Human Rights

Codes:

(A) (i) (ii) (iii) (iv)

(B) (iii) (ii) (i) (iv)

(C) (iii) (ii) (iv) (i)

(D) (iv) (ii) (iii) (i)

Answer: (B)

From question numbers 41 – 46 matchList – I with List – II and select the correct answer with the help of codes given below:

41. List – I                                                                  List – II

a. Free Legal Aid                                                        i. Article – 51

b. Uniform Civil Code                                                ii. Article – 48A

c. Promotion of International Peace and Security      iii. Article – 44

d. Safeguarding forests and wild life                                     iv. Article – 39A

Codes:

      a b c d

(A) i iv ii iii

(B) iii ii i iv

(C) iv iii i ii

(D) ii iii iv i

Answer: (C)

42. List – I                                                                                                                  List – II

a. Indigenous and Tribal People’s Convention – 1989                                               i. UNESCO

b. Convention Against Discrimination in Education – 1960                                      ii. Council of Europe

c. GenevaConvention –1949                                                                                      iii. ILO

d. The Framework Convention for the protection of National Minorities – 1994     iv. ICRC

Codes:

      a b c d

(A) i ii iii iv

(B) iv iii ii i

(C) iii ii i iv

(D) iii i iv ii

Answer: (D)

43. List – I                                                                  List – II

(Commissions)                                                            (Chairpersons)

a. National Human Rights Commission                      i. Wajahat Habibullah

b. National Commission of Minorities                        ii. K.G. Balakrishnan

c. National Commission for Scheduled Castes           iii. MamtaSharma

d. National Commission on Women                           iv. P.L. Punia

Codes:

      a b c d

(A) i ii iv iii

(B) ii i iv iii

(C) iii iv ii i

(D) i ii iii iv

Answer: (B)

44. List – I                              List – II

(Authors)                                 (Books)

a. Amartya Sen                       i. Theory of Justice

b. John Rawls                          ii. Development as Freedom

c. Ronald Dworkin                 iii. On Liberty

d. J.S. Mill                               iv. Taking Rights seriously

Codes:

       a b c d

(A) ii i iv iii

(B) i ii iii iv

(C) iii ii iv i

(D) i iii ii iv

Answer: (A)

45. List – I                                                      List – II

a. Justice                                                          i. Dehumanisation

b. Third generation of Human Rights             ii. Model of development

c. Globalization                                               iii. Collective Rights or Solidarity Rights

d. Growth approach                                        iv. Basic concept

Codes:

       a b c d

(A) iii iv i ii

(B) iv iii i ii

(C) iv iii ii i

(D) ii i iv iii

Answer: (B)

46. List – I                              List – II

(Organizations)                       (Areas of Work)

a. ICRC                                   i. Environment & Science

b. PUCL                                  ii. Conservation of Nature

c. IUCN                                  iii. Humanitarian Law

d. CES                                    iv. Civil Rights

Codes:

      a b c d

(A) i ii iii iv

(B) iii iv ii i

(C) iv ii iii i

(D) i iv iii ii

Answer: (B)

Read the passage below and answer the questions that follow based on your understanding of the passage (Question Nos. 47 to 50):

The mythological history of India does not provide many clues to the direct rebellions of the oppressed masses against their oppression. But it is inconceivable that they did not take place at all over a long period of millennia that nibbled at their existence every moment with a ‘divine’ contrivance called caste. The extraordinary success of this contrivance of social stratification is as much attributable to its own design that effectively obviated coalescence of the oppressed castes and facilitated establishment and maintenance of ideological hegemony as to its purported divine origination. None could ordinarily raise a question as it meant incurring divine wrath and consequent ruination of the prospects of getting a better birth in their next life. Thus the caste system held society in a metaphysical engagement and at the same time in physical alienation with itself. Materially it provided for the security of every one through caste profession and psychologically an aspirational space for every caste including the non-caste untouchables to feel superior to some other. Since this superstructure was pivoted on the religio-ideological foundations, the manifestation of the resistance to the caste system always used the metaphysical tool kit that contrived its arguments into the religious form. Right from the early revolts like Buddhism and Jainism down to the Bhakti movement in the medieval age, one finds articulation of opposition to the caste system materialising in a religio – ideological idiom. This trend in fact extends well down to modern times that mark a new awakening of the oppressed castes and the birth of the contemporary Dalit movement. All anti-caste movement thus, from the beginning to the Present, invariably got engaged in religious confrontation with Brahmanism, either by its denouncement or adoption of some other religion. Some people contend that caste system was not a rigid system. They argue that even in the past inter-caste mingling of people took place. However, the fact remains that their argument is not corroborated by sufficient evidence at least till the advent of British Rule.

47. Choose the correct statement:

(A) Dalit justice movement was part of Indian mythologized history.

(B) Dalit repression did not prevail in the mythologized Indian history.

(C) Divinity attributed caste system of ancient India would have facilitated Dalit oppression in all probability.

(D) None of the above.

Answer: (C)

48. Divine attributes to caste:

(A) Provide sense of security

(B) Provide justification for physical alienation

(C) Provide psychological satisfaction about relative superiority

(D) Provide all the above

Answer: (D)

49. Identify the statement which is not correct?

(A) Medieval age also witnessed anti-caste movements.

(B) All caste movements whether pre-modern or modern attack on Brahmanism.

(C) Some new religions have their origin in anti-caste philosophy.

(D) None of the above

Answer: (D)

50. Which statement correctly depicts the stand of the author of the passage?

(A) Caste system of earlier times was not rigid.

(B) Inter caste movements were possible in earlier times.

(C) Rigidity of caste system remained the same till the advent of British Rule.

(D) The contention about flexible caste system is proved beyond doubt.

Answer: (C)

1- The protection of Human Rights Act in India was enacted in the year (A) 1993 (B) 1994 (C) 1995 (D) 1996 Answer: (A)

Solved Objective Question(MCQs)- Human Rights – 1st Set — Advocatetanmoy Law Library

Court sides with no-biological parent in rights case — FOX2now.com

CHICAGO (AP) _ An Illinois appeals court says a woman has parental rights to a child her former wife had through artificial insemination before they divorced. The Chicago Tribune reports Tuesday the 2nd Appellate Court ruling sets a precedent for much of northern Illinois. It also applies to opposite-sex parents where one isn’t the biological…

via Court sides with no-biological parent in rights case — FOX2now.com

32 of lawyers’ most common fears

Does your law practice make you fearful? You are not alone, according to John Lande, an emeritus professor of law at the University of Missouri. Some of lawyers’ most common fears include: Featured imageconflicto-de-intereses4-250x306

• Feeling that their offices or cases are out of control.

• Changing familiar procedures.

• Looking foolish by asking certain questions.

• Candidly expressing their thoughts and feelings.

• Giving clients “bad news.”

• Being intimidated by superiors in their firm.

• Asking for favors from their counterparts in a case or being asked for favors by their counterparts.

• Seeming “too nice.”

• Being blamed.

• Speaking in public.

• Lacking skill and confidence due to limited trial experience.

• Clients giving false testimony.

• Failing to locate “the smoking gun.”

• Harming their clients’ interests.

• Being attacked or outsmarted by counterparts.

• Being judged unfairly by potential or actual jurors.

• Being intimidated by judges.

• Suffering reprisals from judicial disqualification motions or reporting judicial misconduct.

• Suffering “the pain, humiliation and shame of defeat.”

NEGOTIATION NERVES

It’s not just litigation that can induce fear; negotiation does too. According to John Lande’s research, these are some of lawyers’ top fears about negotiation:

• Insecurity about their negotiation skills or preparation.

• Asking questions.

• Being questioned aggressively by their counterparts.

• Looking foolish.

• Silence.

• Appearing weak.

• Being dominated or exploited by their counterparts.

• Disclosing information that may harm their clients’ position.

• Making tactical errors.

• Incorrectly valuing cases.

• Failing to anticipate possible problems.

• Failing to reach an agreement.

• Not getting a good enough result for clients.

Related article:

ABA Journal: “How lawyers can turn fear into an ally”

via abajournal.com

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Managing Director, Litigation Consulting & General Counsel

Top 7 Things I’ve Observed as a Litigation Consultant:

I’ve passed another anniversary at A2L Consulting and in my time as a litigation consultant I’ve been both surprised and reassured about the state of the litigation business and its players (I also wrote about my surprises upon beginning my career as a litigation consultant). I’ve seen both the very best and quite bad litigators in action and have consulted for both. Although some litigators don’t live up to my high standards, I’m impressed by many litigators as both professionals and people. Here are seven of my observations over these years that I think might help you in your practice.

  1. Many Lawyers Confuse Chronology With Storytelling

It is almost universally accepted that storytelling is important to engaging an audience (including a jury) and that framing a client’s case as a compelling story is key to doing your best at trial, particularly in opening statements. But more often than not, when I ask a litigation team what their client’s story is, rather than explain “why we’re really here” as they would to a jury and illustrate some conflict and emotionally valuable moral that is critical to juror engagement, they rattle off some chronological series of events that led to a legal injury to their client or some misconstrued relationship by the opposing party. These are not stories and presenting a case framed this way, while possibly interesting to a legal scholar, is not compelling to a juror.

I’m surprised that so many smart litigators fall into the chronology trap and forsake emotional connection to engage jurors. I don’t advise pandering to a jury or excessive emoting by a litigator, but for a jury to care about you and your client and generate the stamina jurors need for a trial, litigators must tap into their emotional brains. This is not done by an information dump, a calendar, or using a lot of words.

A story answers the question posed above – why are we here today, in this courtroom? A story also has all the stuff you learned in grade school: a beginning, middle, climax, and end, characters, setting, theme, and moral.

  1. Some Lawyers Focus Too Much on Too Small Things

It’s easy for litigators (even more so for the associates doing the day-to-day stuff) to over-focus on every detail. The prospect of overlooking a potentially key piece of evidence or being surprised by an unknown fact exposed by opposing counsel is frightening for attorneys (it was for me), so we often wind up thinking way too much about every little thing in a case. This is called being “in the weeds,” and when you’re there it’s exceedingly difficult to escape without help. It happens with the selection of evidence, with witness prep, and even with the development of graphics, where sometimes counsel wants to very carefully think over every aspect, e.g., choosing what font style and color palette and slide aspect ratio will best work for their case.

On each of these things, I urge counsel to take a step back and delegate where possible so they can focus on the BIG PICTURE. The best first-chair litigators do this naturally, and the rest of us need to do it deliberately. Attorney time and brainpower should be spent on figuring out what it will take to win. Let litigation graphics consultants decide what font works best for your opening statement presentation. It will be a relief when you do.

  1. Many Litigators Don’t Know What Tools Are Available

Even though the litigation consulting industry has been around for decades, I still find a lot of lawyers really don’t know what we do (in total) and what persuasive tools are at their immediate disposal. Often, my first conversations with new clients include questions like, “What all do you do?” The concepts of litigation graphics, presentation and persuasion consulting, trial technology, and jury consulting are not concrete ideas in many litigators’ minds, and I often have to educate clients on what we have in our (their) toolbox.

Most often, such attorneys think of litigation graphics as discrete images created for specific points they want to make during trial. They don’t understand that, while that’s a part of our work, such graphics won’t alone provide the immersive visual experience necessary (particularly during opening statements) to persuade jurors.

Also, many litigators seriously consider doing their own graphics and/or in-court technology presentation. They have Microsoft PowerPoint and Word and can cut and paste and they’ve heard that iPad apps make evidence presentation easy. The former is never a good idea and, while the later might be true for some situations, e.g., a hearing or very small trial, it’s not going to work in any bigger trial that could have hundreds or thousands of exhibits. There is a lot to know about crafting persuasive trial visuals and there are professionals who do nothing but build trial databases, edit deposition videos, and run trial presentation software to create a seamless trial for you and your jurors. Litigators should understand this and use professionals (and let your paralegals focus on what they should be doing as well).

  1. Litigators Still Wait Too Long to Bring in a Litigation Consultant

Even though they know better, most of the time litigation teams wait until just weeks before trial to engage a litigation consultant / jury consultant / graphics team / trial tech. Even though they know waiting makes it a more difficult budget-sell to their client, leads to an uncomfortable rush to develop graphics, may make mock jury exercises impossible, and forecloses the possibility of building discovery around what they learn from a consultant, they wait. I urge early planning for trial (at the complaint/answer stage), which is the right time to develop that important two-track litigation strategy, and begin working on your case story and graphics as early as possible. Although we can certainly help you late in the game, we can do a lot more before halftime.

  1. A Lot of Litigation Graphics are Subpar

When I get the chance, I always go to my client’s opening statements and then to as much of the rest of their trials as possible. So I get to see the litigation graphics developed by/for opposing counsel. I’m consistently underwhelmed.  It’s impossible to say whether these poor visuals directly led to the oppositions’ losses at trial, but they didn’t help.

More often than not I see a lot of text-heavy graphics – a severe barrier to juror engagement and communication. I see a severe lack of style, clarity, and intentional design – this screams lack of preparation and deliberateness in presentation. There are key visual presentation concepts that, if understood and followed, lead to persuasive graphics, e.g., font type, color choice, simplicity, complexity, branding, style, and others. There is no shortage of information about these concepts out there, but it seems most folks are not paying attention. We are.

  1. Lawyers Don’t Spend Money Where It Can Help Them

Litigation consulting, jury research, trial graphics, and trial technology cost your client money – very true. But the ROI on these services far outweighs their expense in bigger cases. The cost of a typical larger litigation, such as an employment case, hovers just around $1M. A typical bigger patent case costs about twice that amount. However, the services and tools that could be used to hone your persuasive game at any stage of such litigations turn out to be a very, very small fraction of these costs.

Take a big-time patent and breach of contract case where our client won over $300 million in damages. The costs for A2L’s services were well below $200,000, about 5% or less of the litigation budget and about 0.005% or less of the damages award. I know that our services played an important role in the victory, even though the trial team was beyond outstanding.

But, we still see litigation counsel struggling to decide whether $30,000 or $50,000 is the right spend for a mock jury focus group (a $20K difference that could be the difference between scientific data results and seat of the pants analysis) or whether to spend $12,000 to have a professional trial tech hot seat operator at trial (they should), or whether they can make their own graphics for opening statements in house (they cannot). In my view, saving a penny to lose a dollar makes no sense.

  1. Practice is as Important as Everyone Thinks

Finally, it’s been shown time and time again that practicing oral argument makes sense. The more you practice, the better you’ll do. It takes time, but again, the ROI on this time investment is tremendous. When litigators do several full speed run-throughs for opening statements or oral arguments, I see them do a fantastic job at the real thing. They don’t need notes, they know their subject matter, they are and appear more comfortable, they seem more reasonable, and they use their graphics perfectly in a compelling way.  Not practicing so that you can feel and seem more spontaneous at opening is a recipe for a poor performance. Practice. And start early.

Other articles and resources about litigation consulting and trial preparation from A2L Consulting:

The difference between survival action and wrongful death?

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident and death.

Damages covered
Designed as reparation to the family or dependents of the victim, a wrongful death claim covers lost wages, medical expenses, and other financial issues that the death has brought to surviving relatives or dependents.

Meanwhile, survival action doesn’t merely focus on the aftermath of the death. It covers the probable damages that the victim would have been able to fight for if he or she had survived. Laws.com describes this as “the continuation of tort actions that the victim would have been entitled to raise in life.” In Washington, survival action also considers the expenses incurred by the victim while the person was struggling for life at the hospital, regardless of the duration of the stay.

Distribution of claims
In wrongful death cases, relatives (immediate or distant), and rightful dependents may receive the settlement in behalf of the victim.

However, in survival action claims, the victim’s estate will be the primary premise for distribution of damages. Only the heir or lawful dependent of the victim will be entitled to the damages recovered, as stipulated by the will of the victim.

Can representatives file for both? This depends on the statute governed by State law. Some states allow the filing of both claims and receiving the compensation for both. However, states like Virginia only allow the representative to recover either of the two.

Sheeley Law, LLC provides representation for the families or dependents of victims of wrongful death. To read more related topics on this legal matter, visit this blog.

Comments are closed. @annsheeley

Ann S Sheeley's Blog

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Image Source: CosmosMagazine.com

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident…

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How Judges can Avoid Decision Fatigue – RELY ON AND LEARN FROM YOUR IN-COURT CLERKS

June 25, 2015 MINNESOTA Update 15-12 Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309. How to Avoid Decision Fatigue

THE PROBLEM: In a perfect world judges make decisions by applying legal analysis to the facts of a case in a rational, fair and deliberate manner. But in the real world, we know that judges and judicial decision-making, despite their best efforts, are often subject to the same foibles, biases and imperfections that affect everything humans do. We would love to believe that a judge’s rulings are solely based on rational decisions and written laws. In reality, they can be influenced by a variety of non-relevant factors that may be so subtle that they go mostly unnoticed by attorneys, the parties and most importantly, judges themselves. In order to keep this update short and concise, these non-relevant factors are broken down into two main categories: 1) IMPLICIT BIAS; and 2) DECISION FATIGUE.

1) IMPLICIT BIAS & The Committee for Equality and Justice (CEJ): Explicit Bias: The problems of overt discrimination have received enormous attention from lawyers, judges, academics, and policymakers. While explicit sexism, racism, and other forms of bias persist, they have become less prominent and public over the past century. However, explicit bias and overt discrimination are only part of the problem – What about “implicit bias”? Implicit Bias: An implicit bias is a positive or negative attitude toward a person or group of people that a person holds at an unconscious level. An implicit bias is formed by a person’s individual developmental history, life experiences, and culture causing it to be so ingrained in a person’s personality that he or she is unaware of its existence. Over the past decade, researchers have provided convincing evidence that implicit biases exist, are pervasive, are large in magnitude, and have real-world effects. Since fairness and unbiased decisions are fundamental to the justice system, several studies and articles have been published that provide guidance and strategies to reduce implicit bias in the courts. Committee for Equality and Justice & “The Implicit Bias Bench Card”: Minnesota Judicial Counsel’s Committee for Equality and Justice (CEJ) is dedicated to eliminating all forms of bias in Minnesota’s judicial branch. The CEJ recognizes that detecting and eliminating implicit bias is difficult and there is no perfect tool to do so. Studies have shown that in order to combat the effects of our implicit biases, it is crucial to be aware that they exist and to actively question whether they are affecting our rationale. The CEJ offers the “Implicit Bias Bench Card” (see attachment) as a reminder that implicit bias exists in all of us and as a tool to help reduce its influence on our decision-making processes when possible. Please copy and distribute the attached bench card to anyone you think may have an interest. JUDICIAL TRAINING & EDUCATION UPDATE Prior training updates (103) can be accessed by clicking on: Judicial Training Blog JUDICIAL DECISION-MAKING Dangers of “Implicit Bias” & “Decision Fatigue” June 25, 2015 MINNESOTA Update 15-12 Hon. Alan F. Pendleton, Anoka County District Court, Anoka, Mn 55303; 763-422-7309

2) DECISION FATIGUE: In Judicial decision-making, decision fatigue refers to the deteriorating quality of decisions made by a judge, after a long session of decision-making. For instance, judges in court have been shown to make less favorable decisions later in the day than early in the day. Why? Judges, being human, were worn down by a day full of mental work. They had, as social psychologist Roy F. Baumeister states, fallen victim to decision fatigue. In other words, if judges don’t learn to manage their reservoir of mental energy, they won’t be able to manage their judicial decisions. That’s a lesson learned from a 2011 study on extraneous factors in judicial decisions, published in the “Proceedings of the National Academy of Sciences” (www.pnas.org/cgi/doi/10.1073/pnas.1018033108). Jonathan Levav of Columbia University and his colleagues analyzed 1,112 parole hearings for inmates of four Israeli prisons, made by eight experienced judges over a ten-month period. Prisoners who appeared early in the day or right after a food break received parole about 70% of the time, while those that came late in the day or long after scheduled food breaks or lunch had less than 10% chance at landing parole. This pattern is readily evident in the following 2011 graph published as part of the study. The graph is dramatic. It shows that the odds that prisoners will be successfully paroled start off fairly high at around 65% and quickly plummet to nothing over a few hours. After the judges have returned from their breaks, the odds abruptly climb back up to 65%, before resuming their downward slide. These rulings were made by eight Jewish-Israeli judges (two females), with an average of 22 years of judging behind them. Their verdicts represented 40% of all parole requests in the country during the ten months. Every day, each judge considered between 14 and 35 cases. They took two food breaks (a morning snack and lunch) that divided their day into three sessions. Judges had no control over the scheduling of cases. The study found that the three prisoners seen at the start of each “session” were more likely to be paroled than the three who are seen at the end. That was true regardless of the length of their sentence, or whether they had been incarcerated before. The following four findings are highly relevant for judges: 1. All repetitive decision-making tasks drain our mental resources. We start suffering from “choice overload” and we start opting for the easiest choice. For example, shoppers who have already made several decisions are more likely to go for the default offer, whether they’re buying a suit or a car. And when it comes to parole hearings, the default choice is to deny the prisoner’s request. The more decisions a judge has made, the more drained they are, and the more likely they are to make the default choice. Taking a break replenishes them

Judges, even experienced ones, are vulnerable to the same psychological biases as everyone else. They can deliver different rulings in similar cases, under the influence of something as trivial as a food break. Their training, their experience, and the weighty nature of their decisions do not insulate them from the sort of problems that plague our everyday mental abilities. The mental work of ruling on case after case can wear any judge down – even the best ones. This sort of decision fatigue routinely warps the judgment of everyone, executive and nonexecutive, rich and poor. Yet few people are even aware of it, and researchers are only beginning to understand why it happens and how to counteract it.  You can’t make decision after decision without paying a biological price. No matter how rational and high-minded you try to be, you can’t make decision after decision without paying a biological price. It’s different from ordinary physical fatigue — you’re not consciously aware of being tired — but you’re low on mental energy. The more choices you make throughout the day, the harder each one becomes for your brain, and eventually it looks for shortcuts, usually in one of two ways. a. One shortcut is to become reckless: to act impulsively instead of expending the energy to first think through the consequences. (Sure, tweet that photo! What could go wrong?); b. The other shortcut is the ultimate energy saver: do nothing or opt for the easiest choice. Instead of agonizing over decisions, avoid any choice or the more difficult choice. Ducking a decision often creates bigger problems in the long run, but for the moment, it eases the mental strain. You start to resist any change, any potentially risky move — like releasing a prisoner who might commit a crime. So the fatigued judge on a parole board takes the easy way out, and the prisoner keeps doing time. BEST JUDICIAL PRACTICE: One purpose for this update is to promote awareness of the increasing body of research that supports the view that all repetitive decision-making tasks drain our mental resources. Thus, when judges make repeated rulings, they show an increased tendency to rule in favor of the status quo (whatever that may be).  Research suggests that this tendency can be overcome by taking a break to eat a meal, or from other benefits derived from a short break, such as rest, physical movement and increased positive mood, all of which promote mental resource replenishment.  However, because none of these studies are definitive, perhaps the best judicial practice is for each individual judge to develop a sense of how much their decisions have fatigued them and to do whatever works best for them to bolster their mental energy supplies.

Read More: https://blogpendleton.files.wordpress.com/2015/06/judicial-training-update-15-12-implicit-bias-decision-fatigue.pdf

 

MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG

NEWLY APPOINTED JUDGES – WHY THE RISK OF MISTAKES ARE HIGH: Judges have an incredibly difficult job. Most judges were appointed to the bench, in part, based on their training, experience and expertise in usually one or two areas of the law. Many judges come from a prosecution or criminal defense background with no significant civil experience. Many judges with a strong civil background have little or no criminal experience. And a large number of judges come onto the bench with no prior family law experience. And even those judges with a particularly broad background, few can boast of experience in areas such as: conciliation court, civil commitments, juvenile, probate, child support contempt and unlawful detainers, etc. This update answers the question why new judges should rely on and learn from their in-court clerks.

CLICK ON LINK BELOW TO READ MORE

PendletonUpdate14-14

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Know your Consumer Rights

Although most of us have most likely heard about the Consumer Protection Act (CPA), and may even know parts of it; most us don’t have the time or patience to read almost 100 pages of legislation. We tend to leave this up to our lawyers and the judiciary and, unfortunately, many businesses capitalise on this. Megan Whittingtonhas made a list of some consumer rights scenarios.

Cartoon: Calvin & Hobbes is (c) 2012 Bill Waterson - originally published by 1547 University Press Syndicate.

  1. You know those annoying advertisement SMSes that you’ve done your best to get rid of? According to section 11 of the Act, they’re not allowed to pester you if you’ve told them to stop; nor are they allowed to contact you on public holidays, Sundays or before 8am/after 8pm. If you’ve asked them to take you of their list or replied with ‘stop’ and you’re still receiving messages; you can make an official complaint with the Provincial Consumer Affairs Office.
  1. Perhaps as you’re shopping for a new fridge, you’re subjected to a particularly anxious-to-sell trainee who guarantees that it has all sorts of wonderful abilities. You cart your new fridge home and find that it’s below average. Luckily, the CPA says that if a product you buy doesn’t have the features that were promised; you’re entitled to a full refund. If the company refuses; they’re in violation of section 41 of the Act.
  1. As you’re reading the Sunday paper, a pamphlet with a fantastic special grabs your attention. Thespecial price is only valid on that day so you leave for the mall immediately. When you arrive at the shop, you’re told that the items on special had sold out within an hour after opening. Good news – section 23 of the Act lets you insist on being able to purchase the item at the special price, or at the very least, have one of their other stores organise the item for you.
  1. You found an old airtime voucher that you purchased over a year ago, but your network provider tells you it’s expired and you can’t use it. Section 63 of the CPA says that if you’ve purchased and not redeemed a prepaid or gift voucher within the last three years; you can insist on getting a new voucher (without paying anything more) or get your money back.
  1. You’ve booked and paid for a transport service. When you arrive, you’re told that the service in question is full due to over-booking and they can no longer accommodate you. This is a huge convenience, but the consolation is that you can insist that they refund you with interest and that they pay for another means of transport, even if it’s with a different company. If they refuse; a threat with making a complaint based on section 47 of the CPA should ruffle their feathers.
  1. If you buy a product that is faulty, use it correctly, and it causes damage to another one of your belongings; you have a claim. For example, you purchase a new cell phone charger, plug it in and connect it to your phone. It malfunctions and causes permanent damage to your phone. You can demand a full refund for the faulty charger and claim damages for the harm done to the phone. If they refuse, they will be in violation of section 55 of the Act.

These are just a few of the ways that the Consumer Protection Act can make a difference in the everyday lives of South African consumers. If you believe that your rights, as a consumer, have been breached then you can make a complaint to the National Consumer Commission here:  http://www.nccsa.org.za/complaint/complaint-form.html/.

For a user-friendly guide to the CPA click here: http://www.legal-aid.co.za/wp-content/uploads/2014/06/YOUR_RIGHTS-THE_CONSUMER_PROTECTION_ACT.pdf

Clickhere to access the full-length version of the CPA: http://www.thenct.org.za/NCTDocs/founding-legislation/f8d6f6aa-994d-4305-b3d0-ea056416bbd0.pdf.

Vote NO on SB 277 to stop Mandatory Vaccinations

SB 277 No More Public Education = DiscriminationPicture

New York Police Arrest Office Manager Who Allegedly Pretends To Be Dentist And Botched Procedures

1, April 17, 2015 by jonathanturleyDrFeatured Image -- 525

Patients in the Bronx have learned that the dentist who performed their procedures — including botched procedures — was actually not a doctor but an office manager. Valbona Yzeiraj, 45, worked as an office manager at Dr. Jeffrey Schoengold’s office and claimed that she was a trained professional from her native Albania. However, even if true, she is not licensed to practice medicine in the U.S. but performed procedures on patients, including a root canal that left a patient with an infection and another with “persistent pain” two years after the procedure.

We have previously discussed how criminal and tort charges apply in such cases of unauthorized practice of medicine or law (here). In torts, such individuals are subject to the standard of the profession, in this case the standard of what a reasonable dentist would have done in such a procedures. In criminal law, the standard is more straightforward. If you hold yourself out as a doctor or lawyer, you are committing a crime.

Schoengold fired Yzeiraj and she that he learned she was treating patients when he was out of the office. She is now charged with assault in the second and third degrees, unauthorized practice, attempted grand larceny and reckless endangerment.

What will be interesting is whether these patients will sue Schoengold for negligence in the monitoring of his office and employees.

36 Responses

  1. If she is being charged with assault in the third degree, shouldn’t it be assault assault assault?

  2. What the hell is assault assault?

  3. None of the patients complained to the actual dentist of the pain and infections? None of the patients asked the actual dentist for a prescription for antibiotics or pain meds? This should have given him a clue as to what was going on. How many procedures, over how long of a period of time? Also, what’s with the charge of attempted grand larceny? I’m assuming that she was pocketing the money from these procedures, so shouldn’t that just be a charge of grand larceny, not attempted grand larceny? Maybe she was giving the patients time to pay and hadn’t yet received enough payments justifying a grand larceny charge, which might explain the attempted grand larceny. While the authorities are at it, they should throw in an attempted dye job; this one’s a disaster and criminal.🙂

    Never have someone named Valbona perform a root canal. It’s never a good idea. 🙂

  4. This was obviously a case of the office manager in collusion with the patients. Unless, of course, the dentist was in on it. If you go to a dentist and have work done, even if the person working on you is masquerading as a dentist, you need to be registered in the office books. There has to be a record of funds transferred. There has to be some sort of formality. Unless the dentist was in on it, the work was done off the books.

    For the office manager to get away with this, without her boss’s knowledge, the patient was most likely offered a ‘deal’. Caveat Emptor.

    During my career as an Architect I often ran across ‘bottom feeders’. These people wanted to pay ‘next to nothing’ for services and then go on into construction ‘stepping on’ all the contractors. First they got the plans approved and then had them bid. Then they took out a building loan. Then they took the lowest bid-sometimes unreasonably low. Then into the work after the loan had started and interest was ticking along, they got into a disagreement with the general contractor as he tried to make a square peg fit a round hole. The job stopped. The contractor sued. The interest kept ticking along. And everyone got screwed.

    ‘Bottom feeding’ is a crapshoot and all those involved get what they deserve. If one does get away with a Mercedes for the price of a Corolla then good for them. But if not, take your licks and use a real dentist the next time.

    The woman should be charged with fraud but probably not for assault and civil penalties.

  5. Of course the real dentist will be sued. He has insurance! Geez.

  6. isaac

    You make the giant leap that the patients were somehow aware that the person, dressed, presumably, in scrubs, was not a dentist herself. As a patient, I would have no idea that the person, standing over me, was not qualified to perform the procedures. When I go to have my teeth cleaned, for example, I just assume that the dental hygienist, or the person claiming to be that, is actually a dental hygienist and not a waitress from the restaurant down the street. I do not ask to see her diplomas or certificates as she lowers my chair and begins to clean my teeth. Do you? I am going to assume that no reasonable and sane person is going to allow an unqualified and unlicensed individual to perform invasive and dangerous oral surgery. Please, no examples of oddballs knowingly allowing medical work to be performed by unlicensed criminals, since those would be the exception, not the rule. Assuming that these patients had knowledge that she wasn’t, in fact, a dentist is not indicated by the few facts presented here. If the patients were paying, in cash, this woman could have given them a receipt and sent them on their way. Many people do not have dental insurance, so paying out of pocket is not unusual and sidesteps the involvement of any insurance companies. These patients weren’t going to some back alley to have dental work performed; they were going, to what they assumed, was a legitimate dental practice. Blaming the victims here, as you have, is surprising, even coming from you

  7. bam bam – I am one of those who checks out the diplomas on the walls.

  8. going to, what they assumed, was a dental. . .

  9. Paul C

    Since the diplomas have no photos, do you know, with any degree of certainty, to whom they were actually issued? They may be hanging on the walls of the dental office, but I have no idea to whom they belong. It’s not like seeing a diploma and bar license on the wall behind your attorney: you know his name and his identity. I couldn’t tell you the names of the multiple people in these dental offices. Most of us just rely on blind trust that the people in these offices are what they say they are. We do that, I suppose, based upon our trust in the dentist, figuring that he/she would not allow an unqualified person to perform any unauthorized tasks. The same applies to hospital settings. Do you know, with any degree of certainty, that the people marching in and out of your hospital room have the proper credentials? Of course not. You depend upon the hospital and its integrity to hire properly trained employees.

  10. bam bam – you are absolutely correct. I had a friend who had a beautiful ASU Ph.D. diploma on his wall. It was fake. 🙂

  11. Bam bam

    First, read more carefully. The conditions of the dentist’s involvement or negligence brings the dentist into the picture. If the dentist is unaware of the scam and one goes to a dentist’s office and pays in cash, gets no receipt/ie no office record, has the person who greets them do the work, and cannot tell the difference between an office manager and a dentist/doctor, then maybe, just maybe, the patient’s radar was turned off at the invitation to ‘save some money’.

    If the dentist is out of the picture, the office manager had to set up a scenario to keep this stuff under the radar. Perhaps it all went on with the total innocence of the patients, perhaps not. There is not enough info here to ascertain.

    I have never been in a dentist’s office, even a clinic, where I could not tell the difference between the ‘dentist’ and the rest of the people who work there.

    My observation brought in human nature. Regardless of assumptions, good old human nature is often involved. Of course the office manager will take the hit unless the dentist can be proven involved. The insurance company is typically not liable when fraud and/or negligence is involved. That is to say, if it can be proven that you burned down your own house, you probably won’t get any money to rebuild from the insurance company.

  12. isaac

    The first line of your comment was that obviously the patients and this woman were in collusion. Do you recall writing that? Trust me, I have no trouble reading or comprehending. There is no obvious collusion here, given the facts that were presented. I don’t immediately assume that victims of a crime and the perpetrator of the harm are in collusion. My first instinct would be to view them as victims, especially seeing the charges that are leveled against the woman. Again, more facts will surface. Blaming the victims, by stating that they should take their licks and go to a real dentist next time, as you stated (do you remember?) is unfair. These people did go to a real dentist, and this woman, working there, held herself out to be a real dentist. It is also relevant, in my opinion, to note that this occurred in the Bronx. It’s significant because this location would, probably, attract local residents, many of whom are poor and/or immigrants. They may not notice the same red flags that others, who are far more educated or sophisticated, would in this situation. I don’t believe that members of that community would think about asking to see credentials first. Not a slam, just a thought. I could also see them paying in cash as normal behavior, so the transactions would again not trigger a red flag to the patients. You do know that cash receipt books may be purchased from your local office supply, don’t you? Stating that they basically got was coming to them is, as I stated, blaming the victims. For shame.

  13. issac

    By the way, if the dentist, himself, had personal knowledge, he should be charged, as well. He still has liability, in my opinion, even if he didn’t know, since the work was performed in his office. It’s the difference between criminal and civil liability.

  14. Hmmm. Well, at least she deserves an Irish Poem for being nervy!

    Valbona Dentata???
    An Irish Poem by Squeeky Fromm

    To all of the fears in our crania,
    Add the “unlicensed quack from Albania”
    ‘Cause this Dental Plan- – –
    Shades of Marathon Man!
    Is enough to induce a new mania!

    Squeeky Fromm
    Girl Reporter

    Note 1: Marathon Man was a movie about oral hygiene and stuff:

    Note 2: The title is a word play on vagina dentata, a well described phobia, with some basis in reality. As wiki notes:

    Vagina dentata (Latin for toothed vagina) describes a folk tale in which a woman’s vagina is said to contain teeth, with the associated implication that sexual intercourse might result in injury, emasculation or castration for the man involved.

    In her controversial best-seller Sexual Personae (1991), Camille Paglia wrote:

    The toothed vagina is no sexist hallucination: every penis is made less in every vagina, just as mankind, male and female, is devoured by mother nature.[13]

    In his book The Wimp Factor, Stephen J. Ducat expresses a similar view, that these myths express the threat sexual intercourse poses for men who, although entering triumphantly, always leave diminished.[14]

    In rare instances, teeth may be found in a vagina. Dermoid cysts are formed from the outer layers of embryonic skin cells. These cells are able to mature into teeth, bones or hair, and these cysts are able to form anywhere the skin is or where the skin folds inwards to become another organ, such as in the ear or the vagina. Dermoid cysts occur most commonly in the ovary. If it ruptures there, the teeth may migrate through the vagina.[1][15][16]

    (PS: I just bet that no other legal blog is having a discussion today about this fascinating topic!)

  15. Squeaky

    You are always so funny and clever!

  16. I have no opinion…I pretty much hate all dentists…except for the oral surgeons who helped put my head back together in an Army Evac hospital long ago.

  17. That is really funny Squeaky. I can’t imagine what kind of psycho would go in and beat on someone’s mouth but an oral sadist? Wat do you think Paul and Pogo? Oral Sadism anyone? 😉

  18. @bam bam and happypappies

    Thank you!!! I am glad you enjoyed it! Here is a really good link I discovered on the topic.

    Squeeky Fromm
    Girl Reporter

  19. Valbona may not have been as funny, but this is a great scene from the Carol Burnett show.

JONATHAN TURLEY

DrPatients in the Bronx have learned that the dentist who performed their procedures — including botched procedures — was actually not a doctor but an office manager. Valbona Yzeiraj, 45, worked as an office manager at Dr. Jeffrey Schoengold’s office and claimed that she was a trained professional from her native Albania. However, even if true, she is not licensed to practice medicine in the U.S. but performed procedures on patients, including a root canal that left a patient with an infection and another with “persistent pain” two years after the procedure.

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