Sample Legal Mock Test


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Sample Legal Mock Test


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This mock test of Sample Legal Mock Test for CLAT helps you for every CLAT entrance exam. This contains 50 Multiple Choice Questions for CLAT Sample Legal Mock Test (mcq) to study with solutions a complete question bank. The solved questions answers in this Sample Legal Mock Test quiz give you a good mix of easy questions and tough questions. CLAT students definitely take this Sample Legal Mock Test exercise for a better result in the exam. You can find other Sample Legal Mock Test extra questions, long questions & short questions for CLAT on EduRev as well by searching above.
QUESTION: 1

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.

FACT: Sanjay is a driver working in Brooke bond and co. one day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be closed to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence to Sanjay. Ruhina was thrown out of the car suffered multiple injuries. She seeks compensation from Brooke bond and Co.

Solution:
QUESTION: 2

PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.

FACTS: During the scarcity of onions, long queues were made outside the defendant’s shop, who, having a license to sell fruits and vegetables, used to sell only 1 kg of onion per ration card. The queues extended on the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought and action for nuisance against the defendant

Solution:

The defendant did not create the nuisance himself, or do anything to cause it. He was a licensed seller, who was plying his trade as he would on any other day – he was not selling in other-than-ordinary quantities – “only 1 kg per ration card”. That there was a scarcity is circumstantial, and should not make his normal trading activity a nuisance.

QUESTION: 3

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid and act or omission which he can take reasonable care to avoid and act or omission which he can foresee would injure his neighbour. The neighbour, for this purpose, is any person whom he should have in his mind as likely to be affected by his act.

FACTS: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages. 

Solution:
QUESTION: 4

PRINCIPLE:“Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation.”

FACT: Jeevan and Pavan were neighbours in residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with and kind of continuous noise. He led a suit against Pavan.

Solution:
QUESTION: 5

PRINCIPLE: Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods.

FACTS: A purchased a car from a person who had no little to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.

Solution:

A because there is nothing given about the intention of the trespasser. Moreover X fulfills all the requirements for trespass

QUESTION: 6

Assertion: H writes to his wife a letter, which contains defamatory matter about B. H is not liable to B for defamation

Reason: Communication of defamatory matter by a husband to his wife or vice versa is not a publication, for what passes between them is protected

Solution:
QUESTION: 7

Assertion: Government cannot be held liable for the rots committed by its servant

Reason: A master is liable for the torts committed by his servant in the course of his employment

Solution: The government will be responsible for any criminal act committed during the working hours by the government servant. Thus the assertion is wrong.
QUESTION: 8

Assertion: A person can claim damages if he has sustained any loss monetary or otherwise

Reason: where there is infringement of a legal right, law allows compensation

Solution: The court puts us in the same place as we were before infringement of our legal right by awarding us compensation. Hence, a person can ask for damages on infringement of his/her legal right.
QUESTION: 9

The last opportunity principle is related to the:

Solution: Rule of Last Opportunity means that he who had the last opportunity of avoiding an accident, notwithstanding the negligence of the other, is solely responsible.
QUESTION: 10

As an element of the tort of defamation, publication means that

Solution:
QUESTION: 11

Principle: (Same for question no. 11 and 12)

A "contingent contract" is a contract to do or not to do something contingent on the occurrence of a particular event. Contingent contracts are permissible in law only if the events that they refer to are possible.

Facts: A agrees to pay B a sum of money if B marries C. C marries D. Is this contract enforceable in law?

Solution:
QUESTION: 12

A "contingent contract" is a contract to do or not to do something contingent on the occurrence of a particular event. Contingent contracts are permissible in law only if the events that they refer to are possible.

Facts: A promises to give B his house if the earth, sun and moon are ever situated in a straight line. Is this contract enforceable by law

Solution:
QUESTION: 13

Principle: Parties to a contract have absolute freedom to decide the terms of the contract provided there is approximate equality of bargaining power. If this is not the case, the contract is void.

Facts: In Delhi, there is a big cycle market with lots of cycle sellers. A goes to that market and to B’s store. B’s store is biggest in the market. He sees a cycle that he really likes. B says the price of the cycle is Rs. 100000/- A and B enter into a contract for purchase of the cycle. Is this contract legally enforceable?

Solution: According to me also answer should DIn fact B convey the price And A agree with that .so,A and B enter into a contract to purchase the cycle
QUESTION: 14

Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.

Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?

Solution:
QUESTION: 15

Principle: If a party to the contract offers to fulfill his part of the contract and the other party declines, the first party is freed from his obligations.

Facts: A contracts with B to deliver 100 bales of cotton to him. The scheduled delivery date is 19.10.2014. A rings up on 1.10.2014 and tells him he is bringing the cotton to his house for delivery. B tells him he can’t accept the delivery because he doesn’t have the space to store it. Is A free from his contractual obligations?

Solution:
QUESTION: 16

Assertion (A):  A void contract is not necessarily illegal

Reason (R): Every illegal contract is void.

Solution:
QUESTION: 17

Assertion (A):  The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R): The fundamental rights are the rights reserved by the people and for this reason they are eternal and sacrosanct.

Solution:
QUESTION: 18

Questions 18 to 22 on same principle

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent.

Solution: The answer is C i.a Theft by explanation 1,2 and 3. When he cuts the tree it becomes an object of Theft as he had a dishonest intent, Explanation 2 and 3 tell us that when he cuts the tree he MOVES it and hence A has committed theft 
QUESTION: 19

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession. A dishonestly removes it………….

Solution:
QUESTION: 20

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A finds a ring lying on the high road, not in the possession of any person. A by taking it commits…….

Solution:
QUESTION: 21

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q.  Facts: If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for his debt.

Solution:
QUESTION: 22

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A, in good faith, believing property belonging to Z to be A's own property, takes that property out of Z's possession.

Solution:
QUESTION: 23

Assertion: crime is punishable because it is provided in the law

Reason: crime is revolting to the moral sense of the society.

Solution:
QUESTION: 24

Assertion: every person should have the freedom of speech and expression.

Reason: if a person is stopped from speaking then mankind will lose the truth

Solution:
QUESTION: 25

India is having which form of government at present

Solution:
QUESTION: 26

Which one of the following is not a salient feature of the Indian judiciary?

Solution:
QUESTION: 27

Which one of the following does not find place in preamble of the constitution of India?

Solution:
QUESTION: 28

The preamble to the constitution was amended in the year

Solution: The Preamble has been amended only once in year 1976 by Constitution 42nd Amendment Act 1976. The words 'secular', 'socialist' and 'integrity' were added.
QUESTION: 29

Who among the following was the president of constituent assembly

Solution:
QUESTION: 30

Who among the following was the chairman of drafting committee?

Solution: The entry of Dr.Babasaheb was mainly due to his professional approach, his excellent knowledge of constitution and his great work in "States and Minorities" which is a part foundation of our constitution today and his love over Our Nation.
QUESTION: 31

Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

Solution: The assertion part (A) is Article 30 of the Indian constitution where all minorities have the right to establish and administer educational institutes 
the reason (R) is false as the state can not discriminate on granting funds to any educational institute on the basis of it being a minority 
QUESTION: 32

Right to travel abroad has been held to be included within the expression “…………………….” Within the meaning of Art. 21

Solution: Basically article 12to 35 is related to Fundamental rights.. and article 21 is come under the ' Right of Freedom' and moving anywhere within the territory of India is one of the right of Freedom.
QUESTION: 33

Under Art. 21 A, the state shall provide free and compulsory education to all children of the age of …………………… in such manner as the state may by law determine

Solution: Article 21A provides for free and compulsory education to children by the state to children of the of 6 to 14 years. This provision excludes the adolescent age of 14 to 18 years.
QUESTION: 34

Art. 30(1) guarantees to every…………………………………the right to establish and administer educational institutions of their choice.

Solution:
QUESTION: 35

The source of India's sovereignty lies in the:

Solution: The source of India's sovereignty lies with the Preamble as it reads that India is a sovereign country, which means India is free from outside control.
QUESTION: 36

The Speaker can ask a member of the House to stop speaking and let another member speak. This phenomenon is known as

Solution:
Yielding the floor:  The speaker of the Lok sabha can ask a member of the house to stop speaking and let another member speak.
Crossing the floor:  Passing between the member addressing the House and the Chair which is considered breach of Parliamentary etiquette.
Point of Order:  A Member of Parliament may raise a point of order if he feels that the proceedings of' the House do not follow the normal rules. The presiding officer decides whether the point of order raised by the member should be allowed.
Calling Attention Motion:  With the prior permission of the Speaker, any member of the Parliament may call the attention of a Minister to a matter of urgent public importance. The Minister may make a brief statement about the matter or he may ask for time to make a statement later.

QUESTION: 37

What is the duration of 'zero hour' in Lok Sabha?

Solution:
QUESTION: 38

The State which has the largest number of seats reserved for the Scheduled Tribes in Lok Sabha is

Solution: The state which has the largest number of seats reserved for the Scheduled Tribes in the Lok Sabha is. Parikshawale.
QUESTION: 39

From which Constitution was the Concept of a Five Year Plan borrowed into the Indian Constitution?

Solution:
The concept of the 5-year plan was borrowed from the USSR into the Indian constitution. 

From the year 1947 to 2017, the Indian economy was highly premised with the concept of planning and it was carried through 5-year plans. 

After that, it is developed, executed as well as monitored by means of the planning commission & NITI Aayog.


QUESTION: 40

Who is the Legal Advisor to the Government of a State in India?

Solution: In India, an Advocate General is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the central level.
QUESTION: 41

With which of the following issues did D.K. Basu v. State of West Bengal deal with?

Solution:
QUESTION: 42

In which of the following cases did the Supreme Court direct the compulsory registration of all marriages in India?

Solution: It has been pointed out that compulsory registration of marriages would be a step in the right direction for the prevention of child marriages still prevalent in many parts of the country.
QUESTION: 43

In which of the following cases did the Supreme Court for the first time lay down that Fundamental Rights have primacy over the Directive Principles of State Policy?

Solution: There was a controversy whether or not the Past had the power to amend the Fundamental Rights. This was settled by the SC in *Keshvananda Bharti v. State of Kerela*. The court held that it was competent for Parliament to amend any part of the Constitution including Fundamental Rights except it's basic structure. The same view was reaffirmed in MINERVA MILLS CASE where the court also held that Articles 14,19&21 are part of basic structure and are hence unamendable
QUESTION: 44

Which of the following is entrusted with a statutory duty of laying down the standards of professional conduct and etiquette for advocates in India?

Solution: The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation.
QUESTION: 45

What is the maximum time limit for filing of a complaint before the consumer disputes redressal forum from the date when the cause of action arises?

Solution:
QUESTION: 46

Damnum sine injuria means

Solution: It's a Latin phrase.Damnum: Damage (also a popular and not so offensive curse word nowadays) Sine:without injuria: injury
QUESTION: 47

Who is delinquent under criminal law

Solution:

Delinquency implies conduct that does not conform to the legal or moral standards of society; it usually applies only to acts that, if performed by an adult, would be termed criminal. A juvenile delinquent in the United States is a person who is typically below 18 years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type and severity of the offense committed, it is possible for people under 18 to be charged and treated as adults.

QUESTION: 48

Done as a matter of favour after the death of an government employee. The ________________ payment is one not required to be made by a legal duty.

Solution:
QUESTION: 49

Discharge may take place by:

Solution:
Discharge of a contract means termination of a contract. It is the act of making a contract or agreement null. A discharged contract refers to contract that is fully performed.

Discharge may take place by:
1. Performance of the contract.

2. Accord and satisfaction.

3. Release.

4. Set off.

5. Rescission of the contract.
QUESTION: 50

If parliament wants to change or modify or alter any provision in the article of the constitution of India, then through which mode parliament can alter or modify any provision.

Solution:

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