Test: CLAT PG Practice Test - 8 - CLAT PG MCQ

In short, a parliamentary democracy is a system of government in which citizens elect representatives to a legislative parliament to make the necessary laws and decisions for the country. This parliament directly represents the people.

The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.

In this scenario, where A makes a promise to pay Rs. 4,500 to X, Y, and Z, and X subsequently passes away, the correct answer regarding the claim for the performance of the contract in the absence of any specific contract terms would be:

(C) Y, Z, and the legal representatives of X should jointly claim performance of the contract.

When one of the parties to a contract passes away, and the right to claim performance of the contract is transferred to the legal representatives of the deceased, the legal representatives along with the surviving parties (Y and Z in this case) can jointly claim the performance of the contract from the promisor (A) in the absence of any other specific terms stated in the contract.

The correct answer is (B) "(A) is true but (R) is false."

While the assertion (A) is generally true in certain contexts where possession can imply ownership (like in adverse possession laws in some jurisdictions), the reason (R) oversimplifies the relationship between possession and ownership. Possession doesn't always equate to ownership legally. There are scenarios where possession might not confer ownership rights, such as when someone possesses something belonging to another temporarily or under certain specific conditions without becoming the legal owner.

Therefore, although the assertion is generally true, the reason provided is not entirely accurate and oversimplifies the concept of possession and ownership, making option (B) the correct choice.

Suit for rescission: The term rescission may be defined as the cancellation of the contract. In such a case he is free from obligations under the contract. But in case the aggrieved party is interested to sue the guilty party for damages for breach of contract, he has to file a suit for rescission of the contract.

The statement you provided about the declaratory theory and its wide acceptance as a reaction against the traditional view of recognition as solely a political act, with the notion that there's a legal duty for a state to recognize any community that has acquired statehood characteristics, aligns with the views of Hersch Lauterpacht.

Therefore, the correct answer is indeed:

(C) Hersch Lauterpacht

Holland called international law as the vanishing point of jurisprudence because in his view there is no judge or arbiter to decide international disputes and that the rules of the law are followed by states by courtesy.

Jurimetrics is an interdisciplinary field that involves the application of quantitative methods, mathematics, and statistics to analyze legal issues, predict legal outcomes, and improve decision-making within the legal system. Therefore, the correct answer is:

(B) Mathematics and statistics

It may be noted that prior to amendment the pecuniary jurisdiction of state commission was upto 20 lakhs. By the Consumer Protection (Amendment) Act, 2002, the jurisdiction of the State Commission has been increased to Rs. 1 Crore.

The provision thereby implies that all strikes are not illegal and strikes in conformity with the procedure laid down, are legally recognized. Further, Justice Krishna Iyer had opined that "a strike could be legal or illegal and even an illegal strike could be a justified one"

A bill providing for the imposition of fines or other pecuniary penalties is not a money bill.In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.

Equality is not only a fundamental right under Article 14, but also a goal enshrined in the preamble and a part of the basic structure of the constitution. Again in the first half of 2020, the Supreme Court has opined twice that there is no fundamental right to reservation. Hence option D is the right answer.

There is no bar on the number of times a person can hold the high office of the President of India. In the United States though, a person can only become President twice (4 years each), that too only consecutively.

In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. Islam is totally opposed to monasticism and celibacy. Marriage is an act of Islam and is strongly recommended; the age of marriage being whenever the individuals feel ready, financially and emotionally. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.

Duguit says, "the only right which man can possess is always to do his duty".Léon Duguit was a leading French scholar of public law. After a stint at Caen from 1882 to 1886, he was appointed to a chair of constitutional law at the University of Bordeaux in 1892, where one of his colleagues was Émile Durkheim.

As per the Companies Act in India, the first Annual General Meeting (AGM) of a company must be held within nine months from the date of closing of the first financial year.

Under the Consumer Protection Act, 1986, the definition of "service" is broad and encompasses services of any description that are made available to a potential user. However, it's important to note that the term "service" under this act doesn't include services provided free of charge.

The provision regarding the payment of subsistence allowance to a workman who is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him was inserted into the Industrial Employment (Standing Orders) Act, 1946 in the year 1982.

Section 41B was incorporated into the Criminal Procedure Code (CrPC) following the directives and guidelines laid down by the Supreme Court of India in the case of D.K. Basu v. State of West Bengal. This decision established guidelines regarding the arrest and detention of individuals, emphasizing the rights of the arrested persons, including the right to be informed of the grounds for arrest, the right to legal representation, etc.

Running or using electricity, especially without proper authorization or tampering with electrical meters, could constitute an offense, but it might not specifically fall under the traditional legal definition of theft. While it might be illegal or constitute an offense related to electricity usage or tampering with utility meters, it might not be categorized as theft in a legal sense, which usually involves the taking of tangible property belonging to another without consent with the intention of permanently depriving the owner.

Therefore, (B) Running Electricity is the option that might not fit the traditional definition of theft as described in criminal law.

Assertion (A) states: "Custom is per se law, independent of its prior recognition by the sovereign or the judge."

Reason (R) states: "Custom is a source of law."

Both Assertion (A) and Reason (R) are true, and the reason (R) correctly explains Assertion (A).

Custom indeed holds legal significance and can be considered a source of law. Customary practices within a society can, in many legal systems, have the force of law even if they haven't been explicitly codified or recognized by a judge or sovereign. Therefore, Reason (R) aptly justifies Assertion (A).

Hence, the correct answer is:

(A) Both (A) and (R) are true, and (R) is the correct explanation of (A).

Abetment can be considered complete as soon as the abettor (the person aiding, instigating, or encouraging another) has incited or induced someone else to commit an offense. This implies that the act of abetment is accomplished when the individual encourages or provokes another person to engage in the commission of an offense.

Albert Venn Dicey, KC, FBA (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British Whig jurist and constitutional theorist. He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century.

The term "right in re aliena" refers to a legal right or interest in someone else's property (property belonging to another person)

The nature of the Indian Constitution is often described as "Federal in nature but unitary in spirit."

India's Constitution exhibits features of both federalism and unitarism:

Federal in nature: The Indian Constitution establishes a federal system by dividing powers between the central (union) government and state governments. It delineates powers between the union (central) and state governments through three lists: Union List, State List, and Concurrent List, specifying the subjects on which each level can legislate.

Unitary in spirit: While India has a federal structure, certain features lean towards a more unitary system. For instance, during emergencies, the central government gains extensive powers, and in some instances, it can even take over the powers of the state governments.

Hence, the accurate description of the nature of the Indian Constitution is:

(D) Federal in nature but unitary in spirit.

The statement regarding de facto recognition being provisional and subject to withdrawal if the necessary requirements of recognition fail to materialize was observed by Oppenheim.

In the scenario described, the accused headmaster who threatens a lady teacher with the intent to cause her to sign blank papers by using the threat of defamation is guilty of "criminal intimidation."

Criminal intimidation is defined under Section 503 of the Indian Penal Code and involves the act of threatening someone with the intention to cause fear of injury to that person's body, property, or reputation. The threat must be to induce the person to do something that they are not legally bound to do or to omit to do something which they have a right to do.

Therefore, the correct answer is:

(D) Criminal intimidation

Contributory negligence is generally a defense to a tort of negligence. The defense is not available if the tortfeasor's conduct amounts to malicious or intentional wrongdoing, rather than to ordinary negligence.

What cannot be done directly, cannot be done indirectly. This statement relates to the Doctrine of colourable legislation. The Act, so far as its main features are concerned, follows the pattern of similar statutes passed by the Bihar, Uttar Pradesh and Madhya Pradesh Legislative Assemblies. The object of the legislation is fully set out in the preamble to the Act which discloses the public purpose underlying it.

The classification of sources of law into formal and material sources is attributed to the legal scholar Sir John William Salmond.