CLAT  >  Mock Test Series for CLAT  >  Test: Legal Aptitude- 5 Download as PDF

Test: Legal Aptitude- 5


Test Description

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

Test: Legal Aptitude- 5 for CLAT 2022 is part of Mock Test Series for CLAT preparation. The Test: Legal Aptitude- 5 questions and answers have been prepared according to the CLAT exam syllabus.The Test: Legal Aptitude- 5 MCQs are made for CLAT 2022 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Legal Aptitude- 5 below.
Solutions of Test: Legal Aptitude- 5 questions in English are available as part of our Mock Test Series for CLAT for CLAT & Test: Legal Aptitude- 5 solutions in Hindi for Mock Test Series for CLAT course. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free. Attempt Test: Legal Aptitude- 5 | 50 questions in 40 minutes | Mock test for CLAT preparation | Free important questions MCQ to study Mock Test Series for CLAT for CLAT Exam | Download free PDF with solutions
1 Crore+ students have signed up on EduRev. Have you?
Test: Legal Aptitude- 5 - 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?

Test: Legal Aptitude- 5 - 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?

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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

 

Detailed Solution for Test: Legal Aptitude- 5 - Question 8

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.

Test: Legal Aptitude- 5 - Question 9

Liability in tort depends upon

Detailed Solution for Test: Legal Aptitude- 5 - Question 9

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.

Test: Legal Aptitude- 5 - Question 10

Complete the sentence:

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

Test: Legal Aptitude- 5 - Question 11

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 11

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

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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’

Test: Legal Aptitude- 5 - 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’. 

Test: Legal Aptitude- 5 - 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’ if he (‘X’) breaks this agreement.

Which of the following derivations is correct?

Detailed Solution for Test: Legal Aptitude- 5 - Question 15

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.

Test: Legal Aptitude- 5 - 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’. 

Test: Legal Aptitude- 5 - 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

Test: Legal Aptitude- 5 - Question 18

A Lease Agreement is a form of:

Test: Legal Aptitude- 5 - Question 19

The doctrine of privity of contract means

Test: Legal Aptitude- 5 - Question 20

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

Test: Legal Aptitude- 5 - Question 21

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

Test: Legal Aptitude- 5 - Question 22

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

Test: Legal Aptitude- 5 - Question 23

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 23

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.

Test: Legal Aptitude- 5 - Question 24

Mere silence is no fraud unless           

Detailed Solution for Test: Legal Aptitude- 5 - Question 24

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.

Test: Legal Aptitude- 5 - 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:

Test: Legal Aptitude- 5 - 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?

Test: Legal Aptitude- 5 - 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?

Detailed Solution for Test: Legal Aptitude- 5 - Question 27

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. 

Test: Legal Aptitude- 5 - Question 28

What is a caveat?

Test: Legal Aptitude- 5 - Question 29

What is a ‘Cognizance’?

Detailed Solution for Test: Legal Aptitude- 5 - Question 29

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'
 

Test: Legal Aptitude- 5 - Question 30

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 30

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

Test: Legal Aptitude- 5 - Question 31

A person who makes an affidavit or deposition is called

Test: Legal Aptitude- 5 - Question 32

What does Article 370 of the Constitution deals with?

Test: Legal Aptitude- 5 - Question 33

Who can call for Joint Session of Parliament?

Test: Legal Aptitude- 5 - Question 34

How many High Courts are there in India?

Detailed Solution for Test: Legal Aptitude- 5 - Question 34

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.

Test: Legal Aptitude- 5 - Question 35

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

Test: Legal Aptitude- 5 - Question 36

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

Test: Legal Aptitude- 5 - Question 37

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 37

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.

Test: Legal Aptitude- 5 - Question 38

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

Test: Legal Aptitude- 5 - Question 39

Ubi Jus ibi remedium means

Detailed Solution for Test: Legal Aptitude- 5 - Question 39

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.

Test: Legal Aptitude- 5 - Question 40

Fiduciary relationship means a relationship based on

Test: Legal Aptitude- 5 - Question 41

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 41

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.

Test: Legal Aptitude- 5 - 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

Detailed Solution for Test: Legal Aptitude- 5 - Question 42

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. 

Test: Legal Aptitude- 5 - 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

Test: Legal Aptitude- 5 - 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.

Test: Legal Aptitude- 5 - 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.

Detailed Solution for Test: Legal Aptitude- 5 - Question 45

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

Test: Legal Aptitude- 5 - Question 46

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

Test: Legal Aptitude- 5 - Question 47

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 47

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

Test: Legal Aptitude- 5 - Question 48

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

Detailed Solution for Test: Legal Aptitude- 5 - Question 48

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)

Test: Legal Aptitude- 5 - Question 49

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

Test: Legal Aptitude- 5 - Question 50

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

1 videos|6 docs|67 tests
Use Code STAYHOME200 and get INR 200 additional OFF
Use Coupon Code
Information about Test: Legal Aptitude- 5 Page
In this test you can find the Exam questions for Test: Legal Aptitude- 5 solved & explained in the simplest way possible. Besides giving Questions and answers for Test: Legal Aptitude- 5, EduRev gives you an ample number of Online tests for practice