Under the important questions of Legal Aptitude a set of 50 questions with solution is given below. These all questions are asked in Common Law Admission Test (CLAT) Exam. held on 15th May, 2016. Since the most questions asked in the previous years are asked in the successive years again in different exams. Therefore, the study of these questions is the most necessary.
Legal Aptitude Solved Question Paper
( Previous Questions No. 1 to 25 )
26. Principle: Nothing is an offence, which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts : 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
(A) 'B's death is accidental, as 'A' had no intention to kill 'B'
(B) 'B's death is accidental, as 'A' was just pointing the gun playfully at 'B'
(C) B's death is accidental, as 'A' did not have the knowledge that the gun is loaded
(D) B's death is not accidental, as there was want of proper care and caution on the part of 'A' (Ans : D)
27. Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of com- merce in India.
(A) The consignment was imported into India
(B) The consignment will only be imported into India when it crosses the Indian custom barrier
(C) The consignment was not imported into India
(D) The consignment will only be imported into India when it enters into the stream of commerce in India (Ans : D)
28. Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
(A) Only the fact that 'A' is accused of conspiracy hatched in England is relevant
(B) The facts that' A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts
(C) Only the fact that' A' citizen of England is accused of committing murder of 'B' in India is relevant
(D) 'A' citizen of England cannot be tied in India (Ans : B)
29. Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts : Alia Bhatt acted in a movie.
(A) The acting of Alia Bhatt can be protected under copyright law as professional work
(B) The acting of Alia Bhatt can be protected under copyright law
(C) The acting of Alia Bhatt can be protected as film producer's work
(D) The acting of Alia Bhatt can be protected under copyright law only as an artistic work (Ans : A)
30. Principle: Acceptance of proposal must be the exact mirror image of the proposal.
Facts: 'A' made a proposal to 'B' to sell a chair for Rs. 500. 'B' expressed his desire to buy the said chair for Rs. 400
(A) 'B' has accepted the proposal of 'A'
(B) It is not clear whether 'B' has accepted the proposal of ' A' or not
(C) It is not clear whether 'A' made a proposal to 'B'
(D) 'B' has not accepted the proposal of ' A' (Ans : D)
31. Principle: Law never forces an impossible promise.
Facts: 'A' made a promise to 'B' to discover treasure by magic.
(A) Law will not enforce the promise
(B) Law will enforce the promise only at the option of ' A'
(C) Law will enforce the promise
(D) Law will enforce the promise only at the option of 'B' (Ans : A)
32. Principle: A person, who is usually of unsound mind, but occasionally normal, may take a contract when he is not of unsound mind.
Facts: 'A' generally means in the state of unsound mind and rarely becomes capable of understanding the things.
(A) 'A' can never make a contract
(B) 'A' can make a contract at any time whenever he pleases
(C) 'A' can make a contract when normal
(D) 'A' can make a contract only for his own benefit (Ans : C)
● An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
● In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
(A) Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving
(B) Ramesh would be held liable for damages as he exercised the control by giving directions to the driver
(C) Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant
(D) Ramesh would not be liable as car was not owned by him (Ans : B)
34. Principle : Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
Facts : 'A' sells to 'B' ('A' s daughter who is minor) a horse which' A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.
(A) 'B' can take plea of fraud because she is minor
(B) 'A' has not committed fraud
(C) There cannot be a contract between a father and daughter
(D) 'A' has committed fraud (Ans : A)
35. Principle : A person is said to shot the doing of a thing when he investigates any other person to do that thing. Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B', "I am going to kill 'C. And, 'B' replies: 'Do as you wish and take the conse- quences; thereafter' A' kills' C.
(A) 'B' abetted' A' to kill 'C' (B) 'B' is jointly liable with 'A' for killing 'C'
(C) 'B' has abetted' A' by conspiracy (D) 'B' has not abetted' A' to kill 'C' (Ans : D)
Directions–(Q. 36-50) Choose the most appropriate options–
36. The object of which one of the following writs is to prevent a person to hold public office which he is not legally entitled to hold?
(A) Quo warranto (B) Prohibition
(C) Mandamus (D) Certiorari (Ans : A)
37. Under the Constitution of India 'Right to Pollution Free Environment' has emerged as a fundamental right from the right to-
(A) Life and personal liberty under Article 21 (B) Freedom of movement under Article 19
(C) Conserve culture under Article 29 (D) Equality under Article 14 (Ans : A)
38. The Supreme Court of India has struck down the institution (ninety-ninth Amendment) Act, 2014 as unconstitutional. It is related to–
(A) Religious rights (B) National Judicial Appointment Commission
(C) Land Exchange between India and Bangladesh (D) Jallikattu (Ans : B)
39. Lis pendens' means–
(A) Decision awaited (B) On the basis of evidence
(C) Awaited information (D) A pending suit (Ans : D)
40. Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India" ?
(A) Right to move throughout the territory of India (B) Right to Constitutional Remedies
(C) Right to equality (D) Freedom of Religion (Ans : B)
41. Which Indian State has prescribed minimum education qualification for candidates contesting panchayat polls?
(A) Kerala (B) Haryana (C) Punjab (D) Gujarat (Ans : B)
42. 'audi alteram partem' means–
(A) Giving opportunity of hearing of the other side (B) Following the substantive law
(C) A transferee cannot retransfer (D) Not connected to facts (Ans : A)
43. 'persona non grata' means–
(A) Non-person (B) Ungrateful person
(C) Non-performance of promise (D) An unacceptable person (Ans : D)
44. 'alibi' means a plea by an accused person that he--
(A) was present elsewhere (B) underwent preventive detention
(C) was facing trial (D) Remained in. judicial custody (Ans : A)
45. Which among the following does not belong to the 'right to freedom of religion' ?
(A) Freedom of conscience and free profession, practice and propagation of religion
(B) Freedom from attending religious instruction or religious worship in certain educational institutions
(C) Freedom from payment of taxes for promotion of any particular religion
(D) Freedom of speech and expressisson (Ans : D)
46. 'obiter dicta' means–
(A) Judgement of a court in the case before it (B) Basis of judicial decision
(C) Direction by a judge (D) An opinion given by the court not necessary for the decision (Ans : B)
47. Under the Constitution of India restriction on freedom of religion cannot be place on the ground of–
(A) Social justice (B) Public order (C) Health (D) Morality (Ans : A)
48. As per law the minimum age for the marriage of a boy and a girl in India is–
(A) 18 years and 21 years respectively (B) 18 years in both cases
(C) 21 years and 18 years respectively (D) 21 years in both cases (Ans : C)
49. If an authority is holding information about another in a 'fiduciary capacity', the information under the Right to Information Act, 2005 may not be obtainable. 'Fiduciary relationship' is based on–
(A) Contract (B) Authority (C) Law (D) Trust (Ans : D)
50. Which one of the following is not a directive principle of State policy under Part IV of the Constitution of India?
(A) Organisation of village panchayats
(B) Promotion of adult education
(C) Provision for just and humane conditions of work and maternity relief
(D) Promotion of international peace and security (Ans : B)