Legal Mock Test - 3


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 3


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QUESTION: 1

Questions 1 to 3 on same principle

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Q. 

Facts: A threatens to publish a defamatory libel concerning Z unless Z gives him money

Solution:
QUESTION: 2

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Q. 

Facts: A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A.

Solution:
QUESTION: 3

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion"

Q. 

Facts: A threatens Z that he will keep Z's child in wrongful confinement; unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note.

Solution:
QUESTION: 4

Questions 4 to 7 on same principle

Principle: In all robbery there is either theft or extortion

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Q. 

Facts: A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent.

Solution:
QUESTION: 5

Principle: In all robbery there is either theft or extortion

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Q. 

Facts: A meets Z on the high roads, show a pistol, and demands Z's purse. Z, in consequence, surrenders his purse.

Solution:
QUESTION: 6

Principle: In all robbery there is either theft or extortion

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Q. 

Facts: A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse.

Solution:
QUESTION: 7

Principle: In all robbery there is either theft or extortion

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Q. 

Facts: A obtains property from Z by saying--"Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees".

Solution:
QUESTION: 8

Assertion: A person is not guilty of Dacoity unless he has committed, attempted to commit or aided in committing Robbery.

Reason: when two persons conjointly commit Robbery, then every person so committing Robbery is said to commit Dacoity

Solution:
QUESTION: 9

Assertion (A): X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self defense and in order to ward off the attack, hits him thereby injuring him. Y has not committed an offence.

Reason (R): Y had a right of private defense against X under Section 98 of the Indian Penal Code.

Solution:
QUESTION: 10

X, a person signs his own name to a bill of exchange, intending that it may be believed that he bill was drawn by another person of the same name.

Solution: Singing bill on his own name , He is showing unreal or fake sales and hence, avoiding tax payment for the so called "sold products". i.e. forgery.
QUESTION: 11

Principle: The communication of a proposal is complete when it becomes to the knowledge of the person to whom it is made.

Facts: A proposes by letter to sell a house to B at a certain price. The communication of proposal is complete when

Solution:
QUESTION: 12

Principle: "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agents, with intent to deceive another party thereto his agent, or to induce him to enter into the contract;

(1) the suggestion as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

(5) any such act or omission as the law specially declares to be fraudulent.

Q. 

Facts: A sells by auction to B, a horse which A knows to be unsound. A says nothing to B about the horse unsoundness.

Solution:
QUESTION: 13

Principle: Agreement void where both parties are under mistake as to matter of fact

Q.

Facts: A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that before the day of the bargain the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of these facts.

Solution:
QUESTION: 14

Principle: (Same for question no. 14 and 15)

The consideration or object of an agreement is lawful, unless -It is forbidden by law; or is of such nature that, if permitted it would defeat the provisions of any law or is fraudulent; of involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.

Q. 

Facts: A promises to obtain for B an employment in the public service and B promises to pay Rs. 1000 to A.

Solution: The agreement is void because to get into Public Service you have to give exams and get selected on the basis of merit. No one can get you Public service for money so the answer is B as the consideration is opposed to public policy 
QUESTION: 15

The consideration or object of an agreement is lawful, unless -It is forbidden by law; or is of such nature that, if permitted it would defeat the provisions of any law or is fraudulent; of involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.

Q. 

Facts: A promises B to drop prosecution which he has instituted against B for robbery and B promises to restore the value of the things taken.

Solution:
QUESTION: 16

A voidable contract is one which is:

Solution:
QUESTION: 17

“A” promise to give money or money’s worth upon the determination or ascertainment of an uncertain event is called

Solution: Wager is something like gambling where u put money for things u r not sure about like on horses running in a race.
QUESTION: 18

PRINCIPLE: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant /agent.

FACTS: X hands over some cash money at his house to Y, who is X’s neighbour and is also cashier in a bank, to be deposited in A’s account in the bank. Instead of depositing the money, Y misappropriates it.

Q.

Which of the following statements depict correct legal position in this given legal situation?

Solution:
QUESTION: 19

PRINCIPLE: A person has no legal remedy for an injury caused by an act to which he has consented.

FACTS: R, a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits R on his body and injures him. He sues IPL for compensation for the medical expenses.

Q.

Which of the following derivations is CORRECT?

Solution:
QUESTION: 20

PRINCIPLE: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant’s own lawful rights, no action should lie.

FACTS: There was an established school (ES) in a particular locality. Subsequently, a new school (NS) was set up in the same locality which charged lower fees, on account of which people started patronizing the new school. Because of the competition, ES had to reduce its fees. ES filed a case against NS saying that NS had caused it financial loss and, thus, claimed compensation.

Q.

Which of the following derivations is CORRECT?

Solution:
QUESTION: 21

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).

FACTS: ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’ brought an action for damages.

Q.

Which of the following derivations is CORRECT?

Solution:
QUESTION: 22

PRINCIPLE: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

FACTS: D, who was the editor of a local weekly, published a series of articles mentioning that P, who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a “mischief monger”. P brought a civil action against D, who could not prove the facts published by him. Under the circumstances, which of the following derivations is CORRECT?

Solution:
QUESTION: 23

PRINCIPLE: A gift comprising existing property is valid and a gift comprising future property is void

FACTS: X has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to Y. Under the afore-mentioned circumstances, which of the following derivations is CORRECT?

Solution: Applying the principle since the house is owned by him he can gift it to anyone but since the sale of plot of land is yet to be done in favour of x it cannot be gifted
QUESTION: 24

Assertion: No action lies for mere damage caused by some act which does not violate a legal right

Reason: An action lies for interference with another legal right even where it causes no actual damage

Solution:
QUESTION: 25

Two or more person can be made joint tortfeasors, if they have:

Solution:

The correct option is C.
Joint or common action- In the law of torts two or more persons are said to be joint tortfeasors if they act jointly in the tort or a same suit of action is followed if one defendant has incited another to commit the tort.

QUESTION: 26

A building was erected by the defendant, which caused diminution of light to two ground floor windows of the plaintiff house. Subsequently electric lights were always needed in the place. An action for damages can be brought on the ground

Solution:
QUESTION: 27

The government of India act 1935 abolishes the concept of

Solution:
QUESTION: 28

Right to vote is a

Solution:
QUESTION: 29

In which case it was held that preamble is not a part of constitution of India?

Solution:
QUESTION: 30

Whether the preamble can be amended?

Solution:

Option (a) is Correct
Yes,preamble can be amended.it was amended in 42nd amendment which added the terms socialist,secular and integrity to the preamble.but the basic structure of preamble should not be changed.

QUESTION: 31

The constitution names our country as

Solution:
QUESTION: 32

Who among the following is known as father of Indian constitution?

Solution:
QUESTION: 33

Assertion (A): equality before law is not applicable to the president of India

Reason (R): The president of India enjoys special privileges under the constitution of India

Solution: A is the correct option because equality before law is given in the Constitution, the president is given some privileges , one of which is that equality before law is not applicable to him/ her. This is because the President represents the whole country.
QUESTION: 34

Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right

Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.

Solution:
QUESTION: 35

Assertion (A): The Supreme Court of India enjoys the power of Judicial Review

Reason (R): The Supreme Court of India is obliged to enforce the laws enacted by the Parliament without going into their constitutionality.

Solution:
QUESTION: 36

Who is Amicus Curiae

Solution:
QUESTION: 37

Adverse possession means

Solution:
QUESTION: 38

How the citizenship of India can be terminated?

Solution:
QUESTION: 39

Fundamental rights are available against the

Solution:
QUESTION: 40

Can a person waive his fundamental right?

Solution:
QUESTION: 41

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: 42

Which of the following is the oldest High Court in India?

Solution: The Calcutta High Court is the oldest High Court in India. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands.
QUESTION: 43

Who was the first woman judge to be appointed to the Supreme Court of India?

Solution:

The correct option is B.
 The first female justice in the court was Fatima Beevi appointed on 6 October 1989.

QUESTION: 44

Who was the first woman judge to be appointed Chief Justice of a High Court?

Solution:
QUESTION: 45

In which of the following cases did the Supreme Court allow Passive Euthanasia under exceptional circumstances?

Solution:
QUESTION: 46

First committee on Backward castes

Solution:
QUESTION: 47

Babri masjid demolition case related to

Solution:
QUESTION: 48

Reservation of seats for Backward castes

Solution:
QUESTION: 49

When were the first general elections took place in…

Solution: The rest of the India voted only in February–March 1952 for the Lok Sabha and Vidhan Sabha elections. Polling was held between 25 October 1951 and 27 March 1952. The very first votes of the election were cast in the tehsil (district) of Chini in Himachal Pradesh.
QUESTION: 50

The first hour of every sitting of the parliament is known as………………..

Solution: Generally, the first hour of a sitting of Lok Sabha (11 am to 12 noon) is devoted to Questions and that hour is called the Question Hour.

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