Practice Questions For CLAT Subject Legal Aptitude (Worksheet-6)

CLAT

Legal Aptitude Worksheet-06 With Detail Solutions

This page consist of Legal Aptitude Worksheet-06 prepared by experts of Physics Wallah with detail solution.

For more Questions for Legal Aptitude for CLAT check out main page.

Find below Legal Aptitude Worksheet-06

1.A person who goes underground or evades the jurisdiction of the court is known as

(a) Offender (b) Underground(c) Absentee (d) Absconder

1.(d)

2.‘Acquisition’ means

(a) permanent transfer of the title of the property

(b) supervision of property

(c)taking control of property temporarily

(d)taking possession permanently

2.(b)

3.Pre-martial relation of a spouse is a statutory ground for

(a)judicial separation(b)divorce(c)nullity of marriage(d)None of the above

3.(d)

4.Expert decision means a decision given

(a)after hearing both the parties

(b)without proper procedure

(c)after observing proper procedure

(d)without hearing the opponent

4.(a)

5.Which of the following is not true about a criminal proceeding?

(a)The court may ask to pay a fine

(b)The court may order the transfer of their ownership of the property

(c)There is prosecution

(d)The court may discharge an accused

5.(b)

6.Assertion (A) If the budget presented to the Rajya Sabha is not passed in the stipulated period, the budget proposals are not affected.

Reason (R) The Lok Sabha is more powerful, in financial matters, than the Rajya Sabha.

6.(a)

7.Assertion (A) During inflation, there is increase in money supply and rise in price level.

Reason (R) The rise in prices is due to shortage in supply of essential consumer goods.

7.(b)

8.Assertion (A) X and Y independently entertained the idea to kill Z. Accordingly; each of them separately inflicted wounds on Z who died as a consequence. X and Y are liable for murder under Section-341 of the IPC.

Reason (R) When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act was done by him alone.

8.(d)

9.Assertion (A) The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R) The Fundamental Rights are the rights reserved by the people and for this reason they are eternal and saczrosanct.

9.(a)

10.Moots, in law schools, are

(a)exercises of law teaching

(b)legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court

(c)imaginary class room where a student acts as a teacher

(d)a debate on a legal problem

10.(b)

11.Identify the correct statement

(a) Federalism implies a system of Government which embodies a division of powers between a central and a number of regional authorities

(b) Federalism implies a system of government which embodies a division of powers between Legislature, Executive and Judiciary A

(d) None of the above

11.(a)

12.What is the meaning of chattel?

(a)Any property (b)Immovable property

(c)Movable property(d)Cattle

12.(d)

13.Which of the following properties cannot be transferred?

(a) Share in copyright(b) Interest in mortgaged property

13.(c)

14.The main aim of the competition Act 2002 is to protect the Interests of

(a)the multinational corporation(b)the Indian companies

(c)the consumers(d)the market

14.(d)

15.X went to Y`s house and forgot his bag when contained 1 kg sweets. Y’s children consumed the sweets. Decide the liability of Y.

(a) Y is bound to pay the price of sweets

(b) Y is not bound to pay anything

(d) Y would not have to pay anything because X loves Y’s children

15.(a)

16.An 'encumbrance' in legal parlance is a

(a)liability on property(b)grant of property

(c)gift of property(d)restriction on property

16.(c)

17.Which Provision of the Indian Penal Code makes water pollution punishable?

(a) Section 277 (b) Section 278(c) Section 279 (d) Section 280

17.(a)

18.Mahar-e-Misl determined on what ground?

(a)Personal characteristics of wife such as age, extraordinary beauty

(b)Her father's family social status

(c)Dower paid to women in her husband's family

(d)All of the above

18.(d)

19.A written statement in the name of a person by whom it is voluntarilv signed and sworn to is called

(a) Affirmation(b) notaiy(c) sworn statement (d) Affidavit

19.(a)

20.In a summary trial the maximum period of imprisonment is

(a) not exceeding three months(b) not exceeding six months

20.(a)

21.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.

(a) Y is not guilty of attempt to theft because the box was empty

(b) Y is guilty of attempt to commit theft

(d) Y is not guilty of any offence

21.(b)

22.Point out incorrect response. The following are modes of abetment

(a) instigation(b) engaging in conspiracy

22.(d)

23.Rule 2 under Section 10 of the Hindu Succession Act, 1956 is

(a) per capita rule(b) per stirpes

23.(a)

24.Adultery is an offence committed

(a) with the consent of a married woman

(b) with the consent of a woman

(d) with the consent of a minor girl

24.(a)

25.Which one of the following cases is not related to Mens rea?

(a) R. Vs. Prince(b) Queen Vs. Tolson

25.(d)

26.A person deprived of his personal liberty is required to be produced before a magistrate within

(a)one month(b)one week

(c)twenty-four hours(d)twelve hours from his arrest

26.(c)

27.Which one of the following authorities is not entitled to try a case summarily under the Code of Criminal Procedure?

(a) Chief Judicial Magistrate(b) Metropolitan Magistrate

27.(d)

28.Which one of the following Sections of the Transfer-of Property Act defines “Transfer of Property”?

(a) Section 3 (b) Section 4(c) Section 5 (d) Section 6

28.(c)

29.Which one of the following Sections of the Indian Evidence Act provides for admissibility of secondary evidence?

(a) Section 60(b) Section 61(c) Section 63(d) Section 65

29.(d)

30.A Bhumiswarni can seek partition of his agricultural land amongst his legal heirs during his life time by applying to the

(a) Patvvari(b) Village Kotwar

30.(c)

(Q. Nos. 31 to 34)

Rules

A.The act of using threats to force another person to enter into a contract is called coercion.

B.The act of using influence on another and taking undue advantage of that person is called undue influence.

C.In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by such contract.

D.In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts

Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to do the same. Subsequently Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

31.As per the rules and the given facts, who coerces whom

(a)Aadil coerces Baalu(b)Baalu coerces Chulbul

(c)Dhanraj coerces Chulbul(d)None of the above

32.In the above fact situation

(a)there is undue influence exercised by Dhanraj on Baalu

(b)there is undue influence exercised by Aadil on Chulbul

(c)there is no undue influence

(d)None of the above

33.Chulbul is

(a)justified in refusing to enforce the employment contract as Chulbul was coerced by Dhanraj

(b)justified in refusing to enforce the employment contract as Baalu was complicit in the coercive act

(c)not justified in refusing to enforce the employment contract as Baalu was an innocent person and has not coerced Chulbul

(d)Both (a) and (b)

34.Baalu will succeed in getting the employment contract enforced if he can show that

(a)he is the best friend of Aadil

(b)it was his father, and not he, who used coercion against Chulbul

(c)Chulbul has promised his father to employ him

(d)None of the above

31.(c)

32.(c)

33.(d)

34.(b)

35.Principle Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Facts 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend.

(a)'X' has committed an offence in the above context

(b)'X' has committed no offence in the above context

(c)T can sue 'X' for an offence in the above context

(d)None of the above

35.(b)

Section 95 of the Indian Penal Code deals with the trivial matter. According to it, nothing is an offence, if the harm caused is so slight that no person of ordinary sense and temper would complain of such harm. In the given situation, X by taking a sheet of paper from Y's drawer without Y's consent has not committed any offence. So, it comes under the general exceptions of the Indian penal code.

36. Principle : : Dishonest misappropriation of property - whoever dishonestly misappropriates to his own use any movable property, shall be punished with imprisonment of either description for a term which extend to two years, or with fine, or with both.

Facts : : A takes property belonging to Z out of Z's possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section, whether it is

(a)theft(b)extortion

(c)robbery(d)criminal misappropriation

36.(d)

37. Principle Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work, whereas lock-out is a weapon in the hands of the employer, similar to that of strike in the armoury of workmen, used for compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is whiffing to employ, fans or refuses or is unable to provide employment for reasons beyond his control.

Facts Workmen of a textile factory went on strike as per law, demanding the payment of bonus. Employer of the factory refused to pay any extra allowances, including bonus and besides he closed down the factory till the strike was stopped.

(a)Act of closing down the factory by the employer amounted to strike

(b)Act of closing down the factory by the employer amounted to lay-off

(c)Act of closing down the factory by the employer amounted to lock-out

(d)Act of closing down the factory by the employer amounted to closure

37.(c)

In the present case, the closing of factory by the employer till the strike was stopped, amounts to lock-out, as it is a weapon in the hands of the employer used for compelling persons employed by him to accept his terms and conditions of or affecting employment.

38.Principle : Theft - Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking is said to commit theft.

Facts : A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

The offence committed by A is

(a)theft (b)extortion(c)robbery (d)dacoity

38.(a)

39. 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 21 yrs of age.

Which of the following derivations is correct?

(a)There arises a contract between 'A' and 'B' to sell/buy the camera in question

(b)There arises an enforceable agreement between 'A' and 'B' to sell/buy the camera in question

(c)There does not arise any contract between ‘A’ and 'B' to sell/buy the camera in question

(d)There arises a voidable contract between ‘A’ and 'B' to sell/buy the camera in question

39.(c)

According to the provisions of Section 11 of the Indian Contract Act 1872, Minor's agreement is void from the very beginning. In the given situation, A, a boy of 16 years of age agrees to buy a camera from B, a girl who is 21 years of age, so this agreement is void and consequently there does not arise any contract between A and B.

40.Principle : Whoever enters into or upon property in the possession of another with the intent to commit an offence or to intimidate insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains these with intimidate to intimidate insult or annoy any such person or with intent to commit on offence is said to commit 'Criminal trespass'.

Facts : A after preparing to commit theft in 'B' house breaks and could opens the lock and enter into the house of B, but could not succeeded due to raising of alarm by neigbour. Here

(a)A commits offence of theft(b)A commits attempts to theft

(c)A commits criminal trespass(d)A commits no offence

40.(c)

41. Principle Agreements in restraint of marriage are 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 T if he ('X') breaks this agreement.

Which of the following derivations is correct?

(a)There is a contract between 'X' and 'Y'

(b)There is an agreement between X and 'Y' which can be enforced by the court of law

(c)There is an agreement between 'X' and Y which cannot be enforced by the court of law

(d)There is a voidable contract between 'X' and ‘Y’

41.(c)

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.

42. Principle Ignorance of law excuses on one.

Facts 'X' fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a 'show-cause notice' as to why proceedings should not be initialed against him for the recovery of the income tax due from him with interest and penalty.

Which of the following derivations is correct?

(a)'X' may defend himself by taking the plea that his legal advisor had not advised him to file the return

(b)'X' would have to pay the due, as ignorance of law and failure to comply with law is no legal ground of defence

(c)'X' may defend himself successfully by taking the plea that he was unaware of any such law being in force

(d)None of the above

42.(b)

According to "Ignorantia juris non excusat" a Latin maxim meaning ignorance of law is not an excuse to a criminal charge. The maxim, ignorantia juris non-excusat is applicable to civil as well as criminal jurisprudence. In the given scenario, X will have to pay the due, as ignorance of law and failure to comply with law is no legal ground of defence.

43.Principle : "Continuing guarantee' - A guarantee which extend to a series of transactions, is called a 'continuing guarantee'.

Facts : A, inconsideration that B will employ C in collecting the rents of B's zamindari, promises B to be responsible, to the amount of ? 5000, for the due collection and payment by C of those rents. This is a continuing guarantee. A continuing guarantee applies to

(a)a specific transaction(b)a specific number of transactions

(c)any number of transactions(d)reasonable number of transaction

43.(a)

44. Principle Caveat emptor, i.e., 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 coloured cloth from 'B', but did not disclose to the seller ('B') 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?

(a)'A' (the buyer) would succeed in getting some remedy from 'B' (the seller)

(b)'A' (the buyer) would not succeed in getting any remedy from 'B' (the seller)

(c)'A' (the buyer) would succeed in getting refund from 'B' (the seller)

(d)'A' (the buyer) would succeed in getting a different variety of cloth from 'B' (the seller) but not the refund

44.(b)

The principle of caveat emptor is given under Section 148-A of the civil procedure code, which states that 'let the buyer beware', stands for the practical skill and judgment of the buyer in his choice of goods for purchase.

In the given case, A (buyer) would not succeed in getting any remedy from B (seller), because it was As duty and responsibility to disclose the seller the specific purpose of the said purchase.

45.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'.

Which of the following derivations is correct?

(a)TV has committed trespass(b)'A' has committed nuisance

(c)A' has not committed nuisance(d)None of the above

45.(b)

The principle given here regarding the tort of Nuisance, it is an unlawful interference with a person's us e or enjoyment of land or some right over or in connection with it. If the interference is consequential, it amounts to nuisance. In the present case, as A plants a tree on his land and allows its branches to project over the land of B, he (A) has committed the tort of nuisance.

46.Principle : Agreement in restraint of trade, void Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.

An agreement in restraint of trade is valid under Section 27 if relates to

(a)sale of goodwill(b)mutual adjustment

(c)business contingency(d)None of the above

46.(a)

47. Principle Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information, on the subject which be knows or has reason to believe to be false, has committed a punishable offence of furnishing false information.

Facts Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.

(a)Sawant is not guilty of the offence of furnishing false information to the Magistrate

(b)Sawant is guilty of the offence of furnishing false information to the Magistrate

(c)Sawant is not legally bound to furnish true information to the Magistrate

(d)Sawant has the discretion to furnish true information to the Magistrate, as the murder was committed within the limits of his estate

47.(b)

Section 177 of the Indian penal code, deals with the provisions of furnishing false information, according to which, whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Here, Sawant is guilty of the offence of furnishing false information to the magistrate, because he willfully misinforms the magistrates that the death has occurred by accident in consequence of the bite of a snake.

48. Principle Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied, contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts 'A' without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from 'Z' to 'A', with the intention of selling the estate to 'B' and thereby of obtaining from 'B' the purchase money.

(a)'B' has committed forgery(b)Z' has committed forgery

(c)'A' has committed forgery(d)'A' and 'B' have committed forgery

48.(c)

The provisions related to the offence of Forgery are provided under section 463 of the Indian penal code. In the given case, A is guilty 01 committing the offence of Forgery, as A without Z's authority, affixes Z's seal to a document with the intention of selling the estate of Z to B.

49.Principle : Agreement to do impossible act - An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful - A contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Compensation for loss through. Non-performance of act known to be impossible or unlawful- Where one person has promised to be something which he knew, or with reasonable diligence, might have knows, and which the promisor did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for loss which such promisee sustains through the non-performance of the promise.

Facts : A agrees with B to discover treasure by magic. The agreement is void.

An agreement to do an act impassible in itself under Section 56 is

(a) void(b) valid(c) voidable(d) unenforceable

49.(a)

50. Principle Under copyright law copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.

Facts Michael works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of that labour.

(a)Michael's exercise in making a street directory is sufficient to justify in making claim to copyright in that work which is ultimately produced

(b)Michael's exercise in making a street directory is not enough to justify in making claim to copyright in that work

(c)A street directory cannot be enough to be considered as a literary work

(d)None of the above statement is correct

50.(a)

According to principle given here, Michael's exercise in making a street directory is sufficient to justify in making claim to copyright in that work, because the principle clearly states that, a literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway guide or a list of stock exchange qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.