Legal Mock Test - 7


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 7


Description
This mock test of Legal Mock Test - 7 for CLAT helps you for every CLAT entrance exam. This contains 50 Multiple Choice Questions for CLAT Legal Mock Test - 7 (mcq) to study with solutions a complete question bank. The solved questions answers in this Legal Mock Test - 7 quiz give you a good mix of easy questions and tough questions. CLAT students definitely take this Legal Mock Test - 7 exercise for a better result in the exam. You can find other Legal Mock Test - 7 extra questions, long questions & short questions for CLAT on EduRev as well by searching above.
QUESTION: 1

PRINCIPLE: Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it. If the interference is direct, the wrong is trespass; whereas, if the interference is consequential, it amounts to nuisance.

FACTS: A plants a tree on his land. However, he allows its branches to project over the land of B.

Q.

Which of the following derivations is CORRECT?

Solution:
QUESTION: 2

PRINCIPLE: Interference with another’s goods in such a way as to deny the latter’s title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner’s right, though the doer may not know of, or intends to challenge the property or possession of the true owner.

FACTS: R went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in 

order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to S. In fact, R was in a hurry, and therefore, he could not put back S’s bicycle. Somebody came on the way and took away S’s bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. S filed a suit against R for conversion.

Q.

Which of the following derivations is CORRECT?

Solution:
QUESTION: 3

PRINCIPLE: Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.

FACTS: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/ technical problem, these plants ceased to work properly and therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.

Solution:
QUESTION: 4

PRINCIPLE: Qui facit per alium facit per se, i.e., he who does things through others does it himself.

FACTS: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now, Srikant files a suit for damages against Nisha.

Solution:
QUESTION: 5

PRINCIPLE: Res ipsa loquitur, i.e., the thing speaks for itself.

FACTS: Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

Solution:
QUESTION: 6

PRINCIPLE: When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.

FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.

Solution:
QUESTION: 7

Assertion: The plaintiff can sue all or any number of joint tort feasors

Reason: when several persons join in the commission of a tort is  individually responsible as if each alone had committed it.

Solution:
QUESTION: 8

The plaintiff, a lady visitor to a restaurant was injured by the ceiling fan which fell on her. The reason for the falling of the fan was a latent/hidden defect in the metal of the suspension rod of the fan. In an action against the defendant, he is

 

Solution:

The correct option is D.
a rule that made the person who had the last opportunity to avoid an accident liable for it. At one time it was very important when a finding of CONTRIBUTORY NEGLIGENCE meant that a party failed in his action but is less relevant now.

QUESTION: 9

Liability in tort depends upon

Solution:

The correct option is C.
liability for tort generally depends upon something done by a man which can be regarded as a fault for the reason that it violates another man's right.

QUESTION: 10

Complete the sentence:

To constitute trespass actual damage is………………………..

Solution:
QUESTION: 11

In an action for trespass, burden to prove justification is on the…………………….

Solution:

The correct option is B.
Defendant is a person on whom liability is charged. Here the burden of proof lies on the defendant.

QUESTION: 12

Principle: the consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void.

Facts: ‘X’ promises to pay ‘Y’ Rs. 50000, if he (‘Y’) commits a crime, ‘X’ further promises to indemnify his (‘Y’) against any liability arising thereof. ‘Y’ agrees to act as per X’s promise.

Solution:
QUESTION: 13

Principle: The consideration of object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.

Facts: ‘X’ promises to obtain for ‘Y’ an employment in the public service and ‘Y’ promises to pay Rs. 500000 to ‘X’

Solution:
QUESTION: 14

Principle: Two or more person are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake. 

When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused, However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.

Facts: ‘X’ threatens to gun down ‘Y’, if he (‘Y’) does not sell his property worth Rs. 2000000 for Rs. 100000 only. As a consequence ‘Y’ agrees to sell it as demanded by ‘X’. 

Solution:
QUESTION: 15

Principle: Agreements in restraint of marriage is void.

Facts: ‘X’ enters into an agreement, with ‘Y’ where under he agrees not to marry anybody else other than a person whose name starts with the letter ‘A’ and promises to pay Rs. 100000 to ‘Y’ of the (‘X’) breaks this agreement.

Solution:

The correct option is D.
According to the provisions of Section 26 of the Indian Contract act 1872, every agreement in restraint of the marriage of any person, other than a minor, is void. In the given situation, X enters into an agreement with Y, where he agrees not to marry anybody else other than  a person whose name starts with the letter A. So, this agreement is against the principle given here, consequently the agreement between X and Y is void and cannot be enforced by the court of Law.

QUESTION: 16

Principal: 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’. 

Solution:
QUESTION: 17

X duly posts a letter of acceptance to Y, but the letter is lost in transit by the negligence of the Post Office

Solution:
QUESTION: 18

A Lease Agreement is a form of:

Solution:
QUESTION: 19

The doctrine of privity of contract means

Solution:
QUESTION: 20

A situation when two parties make identical offers to each other in ignorance of each other offer is known as

Solution:
QUESTION: 21

‘A’ and ‘B’ contract to marry each other. Before the date fixed for marriage, ‘A’ goes mad. The contract becomes…………………..

Solution:
QUESTION: 22

A agrees to pay B Rs. 1000 if the two straight lines should enclose a space

Solution:
QUESTION: 23

A minor estate is liable for the ………….supplied to him           

Solution:

C is the correct option. However, a minor's property is legally responsible for necessities, and no personal liability is incurred through him. ... As per section 68, any person shall be entitled to reimbursement out of the minor's estate for necessaries supplied towards him or his family.

QUESTION: 24

Mere silence is no fraud unless           

Solution:

C is the correct option. Section 147 of Contract Act provides that Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, “it is the duty of the person keeping silence to speak” , or unless his silence is, in itself, equivalent to speech.

QUESTION: 25

“A” offers to sell his car to “B” for Rs. 50,000/-. “B” agrees to buy the car offering Rs. 45,000/-. The reply of “B” amounts to:

Solution:
QUESTION: 26

Legal Principle — Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years or with fine or with both.
 

Factual Situation — Raju sees a cell phone belonging to Ram lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sell it away.

Q.

Is Raju guilty of theft?

Solution:
QUESTION: 27

Legal Principle — Willful rash driving is an offence.

Factual situation —‘A’ was driving his car after consuming liquor. The police booked him for willful negligent driving.

Q.

Whether the act of police is lawful?

Solution:

Willful rash driving and driving while drunk are two separate offences. Since the principle only makes wilful rash driving as an offence and not drunk driving as an offence. Therefore, A was driving drinking but wasn't driving rashly. Therefore, the act of the police is not lawful since A was not driving rashly and wilfully, though he was driving in a drunken state. 

QUESTION: 28

What is a caveat?

Solution:
QUESTION: 29

What is a ‘Cognizance’?

Solution:

The correct option is A.
 it means 'to be aware of' but when used in respect to a trial or a magistrate it means 'Judicial notice of an offence'
 

QUESTION: 30

Bye-law making power granted to the executive by the legislature is ​called

Solution:

The correct option is A.
Bye-law making power granted to the executive by the Legislature is called- Delegated legislation.

QUESTION: 31

A person who makes an affidavit or deposition is called

Solution:
QUESTION: 32

What does Article 370 of the Constitution deals with?

Solution:
QUESTION: 33

Who can call for Joint Session of Parliament?

Solution:
QUESTION: 34

How many High Courts are there in India?

Solution:

There are 25 high courts in India. The number of total judges sanctioned in these high courts are 1079 of which 771 judges are permanent and remaining 308 sanctioned for additional judges. As of 11 December 2019, 397 of the seats (about 37%) are vacant.

QUESTION: 35

Disputes between States in India come to the Supreme Court under:

Solution:
QUESTION: 36

The Article of the Indian Constitution which automatically become suspended on Proclamation of Emergency is —

Solution:
QUESTION: 37

The President Rule under Article 356 remains valid in a state for the maximum period of

Solution:

The correct option is C.
A Proclamation imposing the President's rule must be approved by both the Houses of the Parliament within two months from the date if it's issue. If approved by both the Houses the President's rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament every 6 months.

QUESTION: 38

“Right of Life” does not include “Right of die”. It has been held in a case of:

Solution:
QUESTION: 39

Ubi Jus ibi remedium means

Solution:

A is the correct option. The Latin maxim Ubi jus, ibi remedium – meaning 'where there is a right, there is a remedy', postulates that where law has estab- lished a right there should be a corresponding remedy for its breach. The right to a remedy is one of the fundamental rights historically recognized in all legal systems.

QUESTION: 40

Fiduciary relationship means a relationship based on

Solution:
QUESTION: 41

The resolution for removing the Vice-President of India can be moved in the

Solution:

The correct option is D.
The Vice-President cannot be formally impeached, unlike the President. The Constitution states that the Vice-President can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed to by a simple majority of the Lok Sabha. But no such resolution may be moved unless at least 14 days advance notice has been given. Notably, the Constitution does not list grounds for removal. No Vice-President or ex officio Vice-President has ever faced removal proceedings.

QUESTION: 42

Who amongst the following elects the Vice President of India ?

1. Members of Lok Sabha

2. Members of Rajya Sabha

3. Members of Legislative Assemblies

4. Members of Legislative Councils

Select the correct answer from the codes given below

Solution:

A is the correct option. The Vice President is elected indirectly, by an electoral college consisting of members (elected as well as nominated) of both houses of the Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such elections is by secret ballot. 

QUESTION: 43

(Same Principle for Q. No 43 - 45)

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Q. 

Facts: A cheats B by pretending to be a certain rich banker of the same name

Solution:
QUESTION: 44

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Q. 

Facts: A cheats by pretending to be B, a person who is deceased.

Solution:
QUESTION: 45

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Q. 

Facts: Anil called at the houses of a number of persons and contracted with them to make paintings from photographs. He obtained payments in advance but did not work in any case and it appeared that he never had any intention of doing any work.

Solution:

The correct option is B.

Section 415 of IPC, states Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property, to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Example - A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats

QUESTION: 46

Debates over issues of public interests are held during……………………

Solution:
QUESTION: 47

Maintenance of public property is a………………..

Solution:

The correct option is C. 
Public property is for the use of public itself. So maintenance of it is a moral and legal duty.

QUESTION: 48

National green tribunal ruled ………………….old diesel vehicles cannot ply on Delhi roads

Solution:

The correct option is C.
Judicial pronouncements with regard to petrol and diesel vehicles: In 2015, the National Green Tribunal (NGT) had banned the plying of petrol vehicles older than 15 years and diesel vehicles older than 10 years in the National Capital Region (NCR)

QUESTION: 49

7th pay commission headed by…………………………

Solution:
QUESTION: 50

If a witness makes a statement in Court, knowing it to be false, he commits the offence of

Solution:

Related tests