Legal Mock Test - 5


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 5


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This mock test of Legal Mock Test - 5 for CLAT helps you for every CLAT entrance exam. This contains 50 Multiple Choice Questions for CLAT Legal Mock Test - 5 (mcq) to study with solutions a complete question bank. The solved questions answers in this Legal Mock Test - 5 quiz give you a good mix of easy questions and tough questions. CLAT students definitely take this Legal Mock Test - 5 exercise for a better result in the exam. You can find other Legal Mock Test - 5 extra questions, long questions & short questions for CLAT on EduRev as well by searching above.
QUESTION: 1

Questions 1 to 2 on same principle

Principle: In all robbery there is either theft or extortion.

Principle: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Principle: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building, used as a place for worship, or as a place for the custody of property, is said to commit "house trespass".

Q. 

Facts: A guard of the ATM booth looted ATM machine after locking up the mechanic who came to repair the machine. Here the guard is committed……

Solution:
QUESTION: 2

Principle: In all robbery there is either theft or extortion.

Principle: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Principle: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building, used as a place for worship, or as a place for the custody of property, is said to commit "house trespass".

Q. 

Facts: A lady is walking on a road. Suddenly two boys came on a bike and snatched the gold chain of the lady. Here boys have committed the offence of…………..

Solution:
QUESTION: 3

Questions 3 to 5 on same principle

Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Q. 

Facts: A and B, being joint owners of a horse. A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.

Solution:
QUESTION: 4

Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Q. 

Facts: A being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, A was under the impression that he had Z's implied consent to take the book for the purpose of reading it.

Solution:
QUESTION: 5

Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Q.

Facts: A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use

Solution:
QUESTION: 6

Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.

Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.

Solution:
QUESTION: 7

Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.

Solution:
QUESTION: 8

In kidnapping, the consent of the minor is –

Solution:
QUESTION: 9

Principle: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. The expression of willingness/desire results in a valid proposal only when it is made/addressed to some person (s).  

Facts: ‘X’ makes the following statement in an uninhabited hall. ‘I wish to sell my mobile phone for Rs. 1000.

Solution:
QUESTION: 10

Principle: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intension of the parties is to be ascertained from the terms of the agreement and the surrounding circumstance under which such   an agreement is entered into.    

As a general rule, in the case of arrangements regulating social relations, it follows as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature and hence can be rebutted.

Facts: One morning while having breakfast, ‘X’, the father, says to ‘Y’ (X’s son), in a casual manner, ‘I shall buy a motorbike for you, if you get through the CLAT’.

Q.

Which of the following derivations is correct?  

Solution:
QUESTION: 11

Principle: Acceptance (of offer) must be communicated by the offeree to the offeror so as to give rise to a binding obligation. The expression ‘by the offeree to the offeror’ includes communication between their authorized agents.

Facts: ‘X’ made an offer to buy Y’s property for a stipulated price. ‘Y’ accepted it and communicated his acceptance to ‘Z’, a stranger.

Solution:
QUESTION: 12

Principle: Acceptance should be made while the offer is still subsisting. The offeror is free to retract his offer at any time before his offer gets accepted by offeree. Once the offer is withdrawn or is lapsed, it is not open to be accepted so as to give rise to a contract. Similarly, if a time is prescribed within which the offer is to be accepted, then the offer must be accepted within the prescribed time. And if no time is prescribed, then the acceptance must be made within a reasonable time. ‘What is a reasonable time’, is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.

Facts: ‘X’ makes an offer to ‘Y’ to sell his equipment for Rs.1000.00. No time is specified for the acceptance. ‘Y’ sends his reply two years after receiving the offer.

Solution:

B is the correct option. The time taken by the offeree ie-two years to communicate his acceptance is not a reasonable amount of time keeping into view the given circumstances and hence There does not arise any contract.

QUESTION: 13

Principle: Minor’s agreement is void from the very beginning. It can never be validated. It cannot be enforced in the court of law.  

Facts: ‘A’, a boy of 16 yrs of age, agrees to buy a camera from ‘B’, who is a girl of 21yrs of age.

Solution:
QUESTION: 14

Principle: A contract which is duly supported by real and lawful consideration is valid notwithstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent merely because the consent of the promisor is freely given is not void inadequate. But the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given.

Facts: ‘A’ agrees to sell his mobile phone worth Rs. 20000 for Rs. 100 only to ‘B’ A’s consent is freely given.

Solution:
QUESTION: 15

Contract is said to have three essentials. Which one among the following is not an essential in the formation of contract?

Solution:
QUESTION: 16

A contract to which a minor is a party, is known as:

Solution:
QUESTION: 17

A contract enforceable at the instance of one party is known as:

Solution:

C is the correct option.When a contract is entered into without the free consent of the party, it is considered a voidable contract. The definition of the act states that a voidable contract is enforceable by law at the option of one or more parties but not at option of the other parties.

QUESTION: 18

The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate passenger, Mr. X got his pocket picked. Choose appropriate answer-

Solution:
QUESTION: 19

PRINCIPLE: Caveat emptor, “let the buyer beware”, stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought and if the buy is not up to his expectations then he alone is to blame and no one else.

FACTS: For the purpose of making uniform for the employees, “A” bought dark blue colored cloth from B but did not disclose to the seller the specific purpose of the said purchase. When uniforms were prepared and used by the employees the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps. boots and carriage lining. etc). Applying the afore-stated principle which of the following derivations is CORRECT as regards remedy available to A in the given situation?

Solution:
QUESTION: 20

PRINCIPLE: The transferor of goods cannot pass a better title than what he himself possesses.

FACTS: X sells a stolen bike to Y. Y buys it in good faith.As regards the title to bike which of the following derivations is CORRECT?

Solution:
QUESTION: 21

PRINCIPLE: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent’s negligence causes the plaintiff injury or loss of property.

FACTS: D went to a café and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. D later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence.
Applying the afore-stated principle which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

Solution:
QUESTION: 22

PRINCIPLE: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection whatsoever with the servants contract of employment.

FACTS: D is a driver employed by M, who is the owner of a company. During the lunch time, D goes to a close by tea shop to have a cup of tea. There he picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants to sue M for claiming compensation for the damage caused by the fight. Which of the following derivations is CORRECT?

Solution:
QUESTION: 23

PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

FACTS: A throws some stones upon his neighbor’s (B’s) premises. Which of the following derivations is CORRECT?

Solution:
QUESTION: 24

Assertion: A wooden chair while being used by a guest caused injury to him to defective manufacture. The guest is entitled to claim damages from the maker.

Reason: Manufacture owes a duty of care to the ultimate user

Solution:

A is not true, the guest cannot claim damages from the maker, because injury was a result of negligence. Also there is no any Contract between the guest and Maker. So only R is true.

QUESTION: 25

A has grown a tree on his land. The branches of the tree are overhanging on the land of B. under the law B is entitled to:

Solution:

The correct option is D.
 overhanging branches. A neighbour's tree causing damage to your property can be a source of conflict. So. ... “If he or she refuses to do this, you can cut the branches back to the property line - but you're not allowed to keep the cuttings unless your neighbour refuses to take them.

QUESTION: 26

In an auction sale, X is the highest bidder. The auctioneer accepts the offer not by speaking but striking the hammer on the table. This amounts to:

Solution:
QUESTION: 27

Which of the following correctly identifies the remedies available to the victim in case of false imprisonment?

Solution:

C is the correct option.There are three remedies for false imprisonment. They are damages, habeas corpus and self help. Being a tort, the basic remedy for false imprisonment is an action for damages which can be due to physical or mental suffering, loss of reputation or even malicious intent on behalf of the defendant.

QUESTION: 28

Who is competent to prescribe the conditions for acquisition of citizenship?

Solution:
QUESTION: 29

Judicial review signifies that the supreme court

Solution:
QUESTION: 30

Principle: All citizens shall have the fundamental right to carry on any occupation, trade or business, but reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.

Facts: A large no. of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 yrs. Providing employment to about 30000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice therefore was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.

Solution:

D is the correct option. None of the fundamental rights are absolute in nature and hence subjected to some reasonable restrictions and so is Article 19. The notice was given for the protection of public health at large and so it is justified.

QUESTION: 31

Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.

Facts: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

Solution:
QUESTION: 32

How much stay is required for persons of Indian origin to apply for citizenship of India for registration under Section 5 of citizenship act, 1955?

Solution:
QUESTION: 33

Quoram means

Solution:
QUESTION: 34

Which of the following clearly proclaims that India is a secular state?

Solution:
QUESTION: 35

Who is the final authority to interpret the constitution?

Solution:
QUESTION: 36

A defamatory statement made in permanent form such as writing,  pictures or film is known as

Solution:
QUESTION: 37

What was the 86th amendment to the Constitution?

Solution:
QUESTION: 38

Which of these is not a constitutional post

Solution:
QUESTION: 39

How can the Chief Justice of India be removed?

Solution:
QUESTION: 40

A minimum of how many judges of the Supreme Court sit in a constitutional law bench

Solution:
QUESTION: 41

The right to vote is what kind of right –

Solution:
QUESTION: 42

How many schedules were there in the constitution originally?                 

Solution:
QUESTION: 43

The offence of defamation is a                 

Solution:

C is the correct option.Defamation is considered to be a civil wrong or tort. If this false statement leads to damage to the reputation of one about whom it is made, there shall be legal consequences against the person making such false statements.Defamation is a crime as well. Under the IPC, Section 499 and 500 lay down the offence of defamation.

QUESTION: 44

The judge of supreme court are chosen by

Solution:

The correct option is D.
The Judges of the Supreme Court are appointed by the President under Article 124(4) and 217 of the Constitution of India. The Supreme Court judges are appointed on the recommendation of the collegium. If the collegium approves the names, they are sent to the President of India through the Union government for appointments.
 

QUESTION: 45

By which constitutional amendment act, the National judicial appointment commission has been set up?

Solution:
QUESTION: 46

The phrase suo moto means

Solution:
QUESTION: 47

For the enforcement of fundamental rights, the supreme court may issue a/an

Solution:

B is the correct option.The Fundamental Rights given in Part III of the Constitution are enforceable in a court of law if a violation occurs. The Constitution empowers the Supreme Court and High Court under articles 32 and 226 respectively to issue writs for the safeguarding of Fundamental Rights of the Citizens. The Supreme Court and High Court in the exercise of this power can issue five Writs viz., Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo-Warranto.

QUESTION: 48

The phrase locus Standi means

Solution:

The correct option is C.
Locus standi means the right or capacity to bring an action or to appear in a court.

QUESTION: 49

Which company recently made an appeal in International Court of Justice for arbitration proceedings over India Tax Arbitration?

Solution:
QUESTION: 50

Which two states of India are undergoing controversies over Satluj-Yamuna canal link?

Solution:

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