Passage Based Questions for Legal Reasoning -1 | Legal Reasoning for CLAT PDF Download

Passage 1

It has to be noticed that arguments that want to disprove the essentiality of the situation can be constructed very easily, as the ground definition of the essential religious practices test puts its faith in practices that bear a very intense and proximate connection to the basic tenants of religion or are integral to the religion. Any activity would be redundant if it does not have such a close connection with the religion (including practices that may be superstitious) and that may be deemed extraneous.
The limitation of the essential religious practices test- if the test is applied only on the grounds of the antiquity of customs, without any regard to the social consciousness of the people in present-day society, the courts will alienate themselves. Such arguments in favour of upheaval wouldn’t be considerate of the nuance of the conditions and situation of the society and would be very far away from the ground reality of the situation that exists in the present day. 
The Court’s applicability of the essential religious practices test, as seen in the initial stages of the Durgah Committee, needs major changes or amendments regarding the doctrine's applicability. Suppose a practice is for commercial gain or a secular transaction but is still based on religious grounds. In that case, it can still be essential, despite the economic character it has always had since immemorial or has recently assumed, according to the Shirur Matt case. Still, the question to be analyzed is if just because a practice is a relatively modern discovery or not a direct off-shoot of prescribed religious rites in ancient texts and practices (on whatever commercial grounds it may have been implemented), can such a practice be disregarded due to the Court’s definition of perceived antiquity? 
A way forward, in the evolving context of jurisprudence, would be to have the essential religious practices test included within it or replace it with a community conscience/sensitivity test, which again would include the core principles of the essential practices test but without its rigidity and a tiding of community perception, wherein any practice whatever it might be will be looked upon, not only from the perspective of redundancy to the ultimate aim of the religion but also how a certain practice has evolved into forming a reasonably important part.
It is also to be noted that the aforementioned change, if applied, would not mean that the Court is giving into the majoritarian argument, i.e. protecting the right to burst firecrackers only because it’s a well-established practice. Rather, such a change in the doctrine must be seen through the lens of non-interference with custom and practice, which has been established as an integral part of the society, irrespective of the time frame of its exigency and any economic impetus behind it. Whatever test is applied must be sparingly in adherence to the secularist principle of non-interference. Still, if any inherent bias in practice is being claimed, the social/community conscience test, according to the article, is better in terms of application.

Q1: Based strictly on the essential religious practices test, answer the following question.
A city has recently passed a law that prohibits the use of loudspeakers from 10 PM to 6 AM. However, this is causing an issue for the local Sikh community who want to perform Amrit Vela. This pre-dawn prayer traditionally uses loudspeakers to spread the prayer to the whole community. Does this law infringe upon their right to religion?
(a) No, because the use of loudspeakers is not essential to Sikhism.
(b) Yes, because Amrit Vela is an essential practice of Sikhism, which has been traditionally performed with the use of loudspeakers.
(c) No, because the law does not specifically target religious activities but is a general regulation.
(d) None of the above.
Ans: (b)

Q2: Based on the community conscience test, answer the following question.
A city has recently passed a law that prohibits the use of loudspeakers from 10 PM to 6 AM. However, this is causing an issue for the local Sikh community who want to perform Amrit Vela. This pre-dawn prayer traditionally uses loudspeakers to spread the prayer to the whole community. Does this law infringe upon their right to religion?
(a) No, because the use of loudspeakers is not essential to Sikhism.
(b) Yes, because prayer is an integral part of community conscience, and thus, the prohibition disrupts the community conscience.
(c) No, because the law does not specifically target religious activities but is a general regulation.
(d) None of the above.
Ans: (b)

Q3: Metropolis recently passed a law mandating that all butcher shops be closed on Sundays. The Jewish community is challenging this decision, claiming it infringes on their right to prepare Kosher meals, which involve the fresh slaughter of chickens. Based on the essential religious practices doctrine, does this law infringe on their right to religion?
(a) No, as the law does not specifically target the Jewish community or their practices.
(b) Yes, because fresh slaughter is essential to preparing a Kosher meal.
(c) No, because the preparation of Kosher meals does not require fresh slaughter on Sundays specifically.
(d) None of the above.
Ans: (b)

Q4: A city council has recently passed a law stating that the city council should approve all public gatherings of over 30 people. This law is being challenged by the Christian community, who claim it infringes on their right to hold Sunday mass. Based on the community conscience test, does this law infringe upon their right to religion?
(a) Yes, because Sunday mass is integral to the Christian community's conscience.
(b) No, because the law does not specifically target the Christian community or their practices.
(c) No, because Sunday mass can still be held with less than 30 people.
(d) None of the above.
Ans: (a)

Q5: A city council has recently passed a law stating that the city council should approve all public gatherings of over 30 people. This law is being challenged by the Muslim community, who claim it infringes on their right to hold Friday prayer in the mosque. Based on the essential religious practices test, does this law infringe upon their right to religion?
(a) Yes, because Friday prayer in the mosque is an essential religious practice in Islam.
(b) No, because the law does not specifically target the Muslim community or their practices.
(c) No, because Friday prayers can still be held with less than 30 people.
(d) None of the above.
Ans: (a)

Passage 2

Mistakes may operate upon a contract in two ways. First, they may defeat the consent that the parties are supposed to have given; that is, the consent may be unreal. Second, the mistake may mislead the parties about the purpose they contemplated.
Where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void. However, an erroneous opinion as to the value of the things which form the subject –matter of the agreement is not deemed a mistake. An agreement upon the same thing in the same sense is known as true consent or consensus ad idem, and it is the root of every contract. Two or more people are told to consent when they agree upon the same thing in the same sense. 

A contract is said to be void because of a mistake when:

• Both the parties to an agreement are mistaken,
• Their mistake is, as a matter of fact, and
• The fact about which they are mistaken is essential to the agreement.

A contract is not void because it was caused by a mistake regarding any law in force in India; however, a mistake regarding a law not in force in India has the same effect as a mistake of fact.
A mistake as to identity occurs when one of the parties represents himself to be some person other than he is. There can be a mistake of identity only when a person bearing a particular identity exists within the plaintiff's knowledge and the plaintiff intends to deal with him only. If the name the accused assumes is fictitious, there will be no mistake of identity.

Q1: Unaware of his old friend George's recent death, Paul agrees to purchase George's vintage car from George's brother, Carl. Both Paul and Carl were unaware of George's death at the time of the agreement. What is the status of this contract?
(a) The agreement is valid as it was made in good faith.
(b) The agreement is not void because George's presence wasn't a necessary condition.
(c) The agreement is void due to a mutual mistake of fact essential to the contract.
(d) The contract remains valid as the car exists despite George's death.
Ans: (c)

Q2: Posing as his twin brother, Tim, Rick entered into a contract with a company that intended to contract specifically with Tim. Is the contract valid?
(a) The contract is valid because Rick and Tim are identical twins.
(b) No, the contract is invalid because there was a mistake regarding the identity of the person the company intended to contract with.
(c) Yes, the contract is valid because the company should have verified the identity before making the contract.
(d) No, the contract is invalid because Tim and Rick committed fraud.
Ans: (b)

Q3: Tom buys a plot of land, believing it to be a gold mine. However, the land does not contain gold. Is the contract void due to Tom's mistake?
(a) Yes, the contract is void because Tom made a mistake regarding the value of the land.
(b) No, the contract is not void because this was a mistake regarding the value, not a matter of fact.
(c) Yes, the contract is void because Tom was misled about the potential of the land.
(d) No, the contract is not void because Tom should have surveyed before buying.
Ans: (b)

Q4: Sophia, pretending to be a famous artist, sells a painting to Jennifer. Jennifer later discovers the truth. What is the status of the contract?
(a) The contract is valid because Sophia didn't explicitly claim that she painted the painting.
(b) The contract is void because there was a mistake as to the identity of the artist.
(c) The contract is valid because Jennifer should have verified the artist's identity.
(d) The contract is void because Sophia deceived Jennifer.
Ans: (b)

Q5: A person sells a horse to another person, believing it to be his. However, the horse belongs to a third person, and both parties were unaware of this. What is the status of this contract?
(a) The contract is void because both parties were mistaken about an essential fact of the agreement.
(b) The contract is valid because the buyer now owns the horse.
(c) The contract is void because the seller did not have the right to sell the horse.
(d) The contract is valid because both parties agreed on the sale.
Ans: (a)

Passage 3

Recently, a celebrated author published a novel describing violence and sexuality. Some sections of society have hailed the book as an honest and unflinching exploration of human nature, while others have criticized it as obscene and corrupting. The courts are now tasked with determining whether or not the novel should be classified as obscene. The main tests applied by the courts for deciding on obscenity are the "Hicklin Test" and the "Community Standards Test."

Q1: In the "Hicklin Test", which element of the publication is mainly scrutinized for determining its obscenity?
(a) The overall theme and message of the publication.
(b) The author's intention in writing the publication.
(c) Isolated passages of the publication taken out of context.
(d) The reactions of the readers to the publication.
Ans: (c)

Q2: If the court applies the "Community Standards Test" to the novel, which of the following would NOT be considered?
(a) The contemporary socio-moral attitude of the community.
(b) The perceived influence of the novel on the most susceptible readers.
(c) The prevalent norms of acceptability in the community.
(d) The overall context of the novel.
Ans: (b)

Q3: If the court decides that the novel is obscene, this could potentially infringe upon which fundamental right of the author?
(a) Right to Equality.
(b) Right against Exploitation.
(c) Right to Freedom of Religion.
(d) Right to Freedom of Speech and Expression.
Ans: (d)

Q4: If the novel includes a scene depicting violence that is essential to the overall narrative and message of the story, how would this scene be treated under the Hicklin Test?
(a) It would be judged in the context of the overall novel.
(b) It would be judged based on its potential impact on susceptible readers.
(c) It would not be considered obscene because it is necessary for the story.
(d) It would be considered obscene regardless of its relevance to the story.
Ans: (b)

Q5: Suppose a significant number of people in the community do not find the novel obscene, but a smaller group of individuals believe it negatively influences them. How would this situation be handled under the Community Standards Test?
(a) The opinion of the majority would be considered.
(b) The opinion of the negatively influenced individuals would be considered.
(c) Both opinions would be considered equally.
(d) Neither opinion would be considered.
Ans: (a)

Passage 4

The validity of a contract The first requirement of a valid contract is an agreement. Every promise and set of promises, forming the consideration for each other, is an agreement. When a person to whom the proposal is made defines his assent, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. An agreement is valid when one party makes a proposal or offer to another party, which signifies his assent. The following are required for a valid agreement. (1) The agreement must be between two persons. It must be between an offeror and an offeree; whoever accepts the offer becomes an acceptor. Both these parties should be different, as one cannot agree with himself. (2) Both the offeror and offeree should understand the agreement in the same sense and simultaneously. Sometimes, there may be invitations to offer in case of product advertisement. 
An agreement to mature into a contract must create a legal obligation as per the provision of contract laws, which is a duty enforceable by law. Any agreement that does not create any enforceability, i.e., where the parties do not have a right to approach the court of law to avail legal remedy for breach of contract, will not be a contract. This is displayed through the intention to enter into a legally binding contract different from a mere promise. Parties must know that if any of them fails to fulfil his/her part of the promise, he/she will be liable for the failure of the contract. Consideration is described as something in return. It is also vital for the validity of the contract. A promise to do something or to provide something without anything in return will not be enforceable at law and, therefore, will not be valid. Consideration need not be in kind or cash. A contract without consideration is a wagering contract or betting. Besides, the consideration must also be lawful. There is no requirement for these principles to only apply to natural persons; they are equally applicable to corporations that qualify as legal persons. 

Q1: Company X wishes to order 500 units of product Y from Manufacturer Z. They email Z stating their intentions. Z replies with a quotation for the price per unit. Company X agrees to the price quoted. In this situation:
(a) Company X is the offeror, and Manufacturer Z is the offeree. Manufacturer Z's quotation constitutes an agreement.
(b) Manufacturer Z is the offeror, and Company X is the offeree. Company X's agreement to the price constitutes an agreement.
(c) Company X is the offeror, and Manufacturer Z is the offer. As the acceptance was not conveyed initially, no agreement is constituted.
(d) Manufacturer Z is the offeror, and Company X is the offeree. As the acceptance was not conveyed initially, no agreement is constituted.
Ans: (b)

Q2: In a similar situation to the one mentioned above, Manufacturer Z sent the quotation but Company X did not respond. However, Manufacturer Z still shipped the 500 units and now demands payment. Determine the legal position.
(a) Company X's initial intent signifies an interest in making an offer, and a contract is formed.
(b) Manufacturer Z's quotation is an acceptance of Company X's offer, and thus a contract is formed.
(c) Company X should not have initially requested such large quantities of product Y.
(d) Company X did not respond to Manufacturer Z's quotation and never accepted the offer.
Ans: (d)

Q3: Company X noticed an online advertisement from Manufacturer Z offering product Y at a discount. They ordered 500 units but were told the discount was no longer available. Decide.
(a) Company X should receive product Y at the discounted price as a contract-bound Manufacturer Z.
(b) Company X should not receive product Y at the discounted price as no contract had been formed.
(c) Company X should receive product Y at the discounted price because they accepted the publicly displayed offer.
(d) Company X should not receive product Y at the discounted price because the advertisement was not an offer but only an invitation to offer.
Ans: (d)

Q4: Company X, a conglomerate, owns both a paper corporation and a publishing corporation. The paper corporation is experiencing financial difficulties and requires immediate funding for its operations. The publishing corporation, also owned by Company X, offers a loan.
(a) This is a valid contract as two legal entities are involved.
(b) The same entity controls both corporations. There are no two parties involved, and the contract is invalid.
(c) The contract is valid as an offer and acceptance were provided.
(d) None of the above.
Ans: (b)

Q5: Company X wishes to buy a specific software from Developer Y. Company X just states their intention to buy software without specifying the type. Developer Y assumes they are talking about another software they are developing. Company X agrees to buy, and Developer Y agrees to sell. Decide.
(a) This is a valid contract as the parties had the same thing in mind, i.e., software.
(b) This is an invalid contract as the parties did not have the same thing in mind while contracting.
(c) This is a valid contract, as the type of software is immaterial.
(d) The law should not take note of trifles.
Ans: (b)

Passage 5

The Indian Penal Code, which was in force in many states when the Constitution was made, contained more than one offence punishable by the death penalty. The Constitution makers formulated some articles with reference to the death penalty. Article 72 allowed the President and Governor to show clemency to convicts sentenced to the death penalty.  Article 134 provided for appeal to the Supreme Court if the High Court awarded a convict the death penalty after reversing a trial court judgement. But we shall not overlook the reality that the constitution makers could not be expected to go into the various aspects of each punishment provided in the penal statutes which were then in force.  When they shaped Article 13 of the Constitution, it declared that any law in force when it came into effect that was violative of any of the fundamental rights enshrined in the Constitution was void. 
During the first five years after the Constitution was made, the death penalty remained the normal punishment for murder. If a session’s judge was to depart from it, he was bound to set out reasons for not awarding it to a convict for murder. Cr. P.C. was amended in 1973 by which Parliament directed that special reasons shall be shown if the Sessions Judge imposed the death penalty on the convicted person.  This change was made evident to convey that the normal punishment for murder was life, and the death penalty was only an exception. 
The situation was again changed subsequently.  This time it was not because of any legislative exercise but because of the pronouncement of the majority judgment by the Supreme Court of India in the Bachan Singh case in 1979. Most judges declared that the death penalty could be imposed only in the “rarest of rare cases in which the alternative sentence of life is unquestionably foreclosed”.  Thereafter, that became the law as binding on all courts in India because of Article 141.  However, this drastic power curtailment to impose capital punishment remained on paper.  The Supreme Court began to dilute the rigour of the condition imposed in the Bachan Singh case. What is meant by the words “rarest of rare etc. etc.” The judges of High Courts and the Supreme Court used to employ semantics whenever and wherever they wanted to impose the death penalty.  All they were required to do was use superlative degree words such as “brutal, atrocious, etc.” and then say, "I/we hold that this is one of the rarest rare cases”. It became a matter of luck for an accused, depending vastly on the mindset or philosophy of the individual judges. 

Q1: Referencing the debate around the death penalty's constitutionality, a lawyer argues that while the Constitution makers included references to the death penalty, the interpretation and application of these provisions have evolved over time. As a judge, you are to decide. Which argument would you accept?
(a) The interpretation of the Constitution's provisions on the death penalty must reflect contemporary understandings of justice and human rights.
(b) The references to the death penalty in the Constitution demonstrate that it is an acceptable form of punishment.
(c) The death penalty is constitutional, as it serves justice to the perpetrators of brutal crimes.
(d) The death penalty's constitutionality has to be tested only for violation of fundamental rights under Article 13.
Ans: (a)

Q2: In a case involving a murder due to a property dispute, the convicted murderer's lawyer pleads for a lesser sentence on the basis of a crime of passion. As the judge, what would be your sentence?
(a) Sentence the convict to life imprisonment as the ordinarily given punishment for murder.
(b) Sentence the convict to death, given the gravity of the crime.
(c) Consider the crime of passion as a mitigating factor and reduce the sentence.
(d) Sentence the convict to death as the only suitable punishment for murder.
Ans: (c)

Q3: In a case where the son of a murder victim takes revenge on the murderer's son, what sentence would be most appropriate if no special circumstances are present?
(a) Award the death penalty without the requirement to assign special reasons.
(b) Award a life sentence without the requirement to assign special reasons.
(c) Award the death penalty due to the cold-blooded nature of the murder.
(d) Award a life sentence, recognizing the motivation behind the murder.
Ans: (b)

Q4: How should the court sentence the defendant in a case of self-defence resulting in death?
(a) Sentence the defendant to death, the ordinarily given punishment.
(b) Give a reduced sentence of 7 years, considering the act of self-defence.
(c) Sentence the defendant to death despite the special circumstances.
(d) None of the above.
Ans: (b)

Q5: Based on the information provided in the passage, which of the following statements best reflects the evolution of the death penalty law?
(a) The death penalty law has evolved to minimize arbitrary application.
(b) The death penalty law has evolved towards making the death penalty the rule.
(c) The death penalty law has evolved towards making the death penalty the exception.
(d) The death penalty law has not significantly evolved since the inception of the Constitution.
Ans: (c)