(Paper) CLAT UG Question Paper 2015 : Legal Aptitude
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(Paper) Previous Year Question Paper (BA LLB) - 2015
Section - IV : Legal Aptitude
1. The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate passenger, Mr. X got his pcket picked. Choose appropriate answer-
(a) Mr. X can sue the railway authorities for the loss suffered.
(b) Mr. X cannot sue because he had given his consent to travel in over-crowded train.
(c) Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere fact that the loss was caused does not give to a cause of action.
(d) None of the above.
Fill in the blanks: Choose the pair of words which complete the sentence to make logical sense.
2. A bench headed by………………quashed allocation of 214……….as………
(a) Justice HL Dattu, Coad Blocks, illegal and arbitrary
(b) Justice RM Lodha, coal blocks, illegal and arbitrary
(c) Justice TS Thankur, licenses, illegal and arbitrary
(d) None of the above
3. The NDA Led Government notified the………….and the National judicial Appointment Commission ACT, thus ending the over two-decade old…………of appointing judges of supreme court and high courts. Under the new law, a six member panel headed by………. will select judges of the apex court and state high courts.
(a) 99th Constitutional (Amendment) Act 2015, collegiums system, the Chief Justice of India
(b) 121st Constitutional (Amendment) Act 2015, collegium system, the Union law Minister.
(c) 121st Constitutional (Amendment) Act 2015, collegium system, the prime Minister.
(d) 99th Constitutional (Amendment) Act 2015, cabinet system, the prime minister.
4. The Union Government on the recommendation of the……….under the chairmanship of…………..has decided to decriminalize section………….of the Indian penal code.
(a) 20th Law Commission, Justice AP Shah & 309
(b) 20th Law Commission, Justice MP Shah & 307
(c) Supreme Court, Justice HL Dattu& Section 309
(d) Planning Commission, Law Minister, section 309
5. The………..Legislative Assembly on 31st March 2015 passed controversial Anti-Terrorism Law, Earlier, the passed bill was rejected two time by the then……….in 2004 and 2008.
(a) Bihar, Presidents
(b) Madhya Pradesh, Governors
(c) Gujarat, Presidents
(d) Maharashtra, Governors
6. Five years’ experience is a must to be able practice as an advocate in the Superme Court of India, This rule was prescribed by the…….
(a) Bar Council of India
(b) Supreme Court of India
(c) High Court of Delhi
(d) Ministry of Law and Justice, Government of India
7. India and Britain recently Signed and “extradition treaty” Extradition means-
(a) Exports without double taxation
(b) Order of Indian courts will apply of Indians living in the U.K.
(c) India and the U.K. will deport criminals on reciprocal basis to each other.
(d) None of the above
8. Who administer oath of office to the Governor of a state?
(a) President of India
(b) Chief Justice of High Court of the respective state
(c) Chief Justice of India
(d) Speaker of State Assembly
9. What is a ‘Moot’?
(a) A basic point of law
(b) A basic fact of case
(c) Mock court for practice by student in general
(d) Another name for magistrate’s court
10. Consider the following statement and choose the best option:
1. The Chairman of the national legal services Authority (NALSA) is the chief Justice of India.
2. Chief Justice Mr. Justice H.L. Dattu is the present Chairman of NALSA.
3. The Chairman of the National Legal Services Authority (NALSA) is the senior most judge (after CJI) of the supreme court of India.
4. Hon’ble Mr. Justice T.S. Thakur is the present chairman of NALSA.
(a) 1 and 2 are correct
(b) 2 and 3 are correct
(c) 3 and 4 are correct
(d) Non is correct
11. Vote on accounts is meant for……….
(a) Vote on the report of CAG
(b) To meet unforeseen expenditure
(c) Appropriating funds pending passing of budget
(d) Budget
12. Select the correct statement about 14th Finance Commission which submitted its report to president.
1. It covers the period between 1st April 2015 and 31 March 2020
2. The Commission headed by former RBI Governor YV Reddy.
3. Provides for devolution of tax receipts from the centre to the states.
4. Article 280 of Constitution provides for appointment of Finance commission.
5. 1st and 13th Finance Commission was head by KC Neogy &Dr. Vijay Kelkar respectively.
(a) 1, 3 & 5 are correct
(b) 1, 2 & 3 are correct
(c) 1, 3 & 4 are correct
(d) All are correct
13. As per Indian protocol, who among the followings ranks highest in the order of precedence?
(a) Deputy Prime Minister
(b) Former President
(c) Governor of a state within his state
(d) Speaker of Lok Sabha
Direction: The question consists of two statements, on elabeled as Assertion (A) and other as Reason (R) you are to examine the two statements carefully and select the best option.
14. Assertion: Custom per se law, independent of prior recoginition by the sovereign or the judge.
Reason: Custom is source of law but by itself in not law
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
15. Assertion: In India, every state has High court in its territory.
Reason: The constitution of India provides for a high court in each state
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
16. Assertion: Attempt to commit an offence though does not result in any harm, should also be punished.
Reason: A person, who tries to cause a prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
17. Assertion: Idol is a person who can hold property.
Reason: Only human being can be called person not the lifeless things.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
18. Assertion: Republic Day is celebrated on 26th January every year in the country.
Reason: The constitution of India came into force on 26th January 1950
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
19. Assertion: The Council of Minister at the centre is collectively responsible both to the Lok Sabha and to Rajya Sabha.
Reason: The members of both Lok Sabha and Rajya Sabha are eligible to be minister of the Union Government.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
20. Assertion: Every person should have the freedom of speech and expression.
Reason: If a person is stopped from speaking then mankind will lose the truth.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
21. Assertion: Laws are means of achieving an end namely social control.
Reason: The ultimate end of law is to secure greatest happiness to greatest number.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
22. Assertion: The reservation of thirty three percent of seats for women in parliament and State Legislature does not require constitutional Amendment.
Reason: Political parties contesting elections can allocate thirty three percent of seats they contest to women candidates without any Constitutional Amendment.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
23. Assertion: We, the people of India, having solemnly resolved to constitute India a Democratic Republic.
Reason: A republic will ensure we have a head to state that is democratically elected and accountable to voters. As a result the head to state will be more effective constitutional safeguard.
(a) Both A and R are individually true and R is correct explanation to A
(b) Both A and R are Individually true but R is not correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
24. President of India exercises his powers………….
(a) Either directly of through officers subordinate to him
(b) Through Ministers
(c) Through Prime Minister
(d) Though Cabinet
25. Union Government recently approved 33 percent reservation for Women in:
(a) Horizontally and each category (OBC, SC, ST and others) in direct recruitment in all non-gazetted Police posts in all Union Territories including Delhi.
(b) Horizontally and each category (OBC, SC, ST and others) in direct recruitment in all gazetted Police posts in all Union Territories including Delhi.
(c) Horizontally and each category (OBC, SC, ST and others) in direct recruitment in all gazetted & non-gazetted Police posts in all Union Territories including Delhi.
(d) Horizontally and each category (OBC, SC, ST and others) in direct recruitment in all gazetted & on-gazetted Police posts in all Union Territories including Delhi.
26. Choose the best option for the following statement:
No one can be compelled to sing the National Anthem since:
1. It will be vocative of the right to freedom of speech and expression.
2. It will be vocative of the right to freedom of conscience and practice & propagation of religion.
3. There is no legal provision obliging anyone to sing the National Anthem.
(a) 1 and 2 are correct
(b) 2 and 3 are correct
(c) 1, 2 and 3 are correct
(d) None is correct
27. Who called Indian Constitution as Quasi-Federal?
(a) Austin
(b) K.C.Wheare
(c) H.M. Serval
(d) Jennings
28. The temporary release of convicted prisoner from jail for a fixed period is called-
(a) Bail
(b) Parole
(c) Acquittal
(d) Discharge
29. Governor of a state can make Laws during recess of state legislative Assembly through…………
(a) Act
(b) Bills
(c) Notification
(d) Ordinance
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Direction: Read the definition and elements of the attempt, apply them on the given situations and answer the question:
Definition Attempt: Lord Blackburn has said that “there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would ended in the crime if not interrupted, there is Cleary an attempt to commit the crime.”
1. Fault element: Intention or knowledge requisite for committing an offence; and
2. Conduct Element: Does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because to facts not known to him or because of circumstances beyond his control.
30. ’SINY’ with an intention to pick-pocket his hand into MINU’s pocket, MINU had loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
(a) SINY will be liable only for attempting to pick-pocket and not killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no rick of causing death and with not greater care to avoid it.
(b) SINY will be liable for attempting to murder.
(c) SINY will be liable for culpable homicide not amounting to murder as his interntion was definitely not to kill
(d) none of the above
31. ‘RANI’ ran to a well stating that she would jump into it, and she started running towards the well but she was caught before she could reach it.
(a) She is not guilty of attempt to commit suicide because shet might have changed her mind before jumping into the well.
(b) She is guilty of attempt to commit suicide.
(c) Right to life includes rights right to die hence a person should not be held responsible for attempt to commit suicide.
(d) None of the above.
32. ‘JAM’ denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate here death. JANE ultimately managed to escape.
(a) JAM is guilty for attempt to murder his wife.
(b) JAM is not guilty for attempt to murder his wife as he was only doing preparation
(c) JAM is not guilty for attempt to murder his wife as she always had option to escape.
(d) none of the above
33. Choose the best option for the following statement:
The distinction between fraud and misrepresentation:
1. Fraud is more or less intentional wrong, whereas misrepresentation be quite innocent.
2. In addition to rendering the contract voidable, is a cause of action in tort for damages, Simple misrepresentation is not a tort but a person who rightfully rescinds a contract is entitled compensation for any damages which he has sustained through the non-fulfillment of the contract.
3. A person complaining of misrepresentation can be met with the defences that he had “the means of discovering the truth with ordinary diligence” But excepting fraud by silence in other cases of fraud it is no defence that “the plaintiff had the means of discovering the truth by ordinary diligence”.
(a) 1 is correct
(b) 1 & 2 are correct
(c) 1, 2 & 3 are correct
(d) Only 4 is correct
Direction: The question eonsistes of two statements, one labeled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given fact carefully and select the best option.
34. PRINCIPLE: A person in said to be sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect up on his interests.
FACT: Mr. X who is usually of sound mind, but occasionally of unsound mind enters into a contract with Mr. When he is of unsound mind, Y came to know about this fact afterwards and now wants to file a suit against Mr. X.
(a) Mr. X cannot enter into contract because he is of unsound mind when he entered into contract.
(b) Mr. X can enter into contract but the burden is on the other party to prove that he was of unsound mind at the time of contract.
(c) Mr. X can enter into a contract but burden is on Mr. X to prove that he was of unsound mind at the time of contract.
(d) None of the above
35. PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT: A horse was bought for a ceratin price coupled with promise to give Rs. 500 more if the horse proved lucky.
(a) This is a valid agreement
(b) This agreements is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse had brought to the buyer.
(c) The agreement is partially valid and partially void.
(d) None of the above
36. PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brooke bond and co. one day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be closed to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence to Sanjay. Ruhina was thrown out of the car suffered multiple injuries. She seeks compensation from Brooke bond and Co.
(a) Brooke bond and Co. shall be liable, because Sanjay was in the course of employment at the time of accident.
(b) Brooke bond and Co. Shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.
(c) Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.
(d) None of the above
37. PRINCIPLE: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
FACT: “Ramanuj telegrammed to the Shyamsunder, writing.” will you sell me your Rolls Royce Car? Telegram the lowest cash price “Shyamsunder replied too by telegram: ‘Lowest price for CAR is Rs. 20 Lacs, asked by you’ Now Shyams under refused to sell the Car.
(a) He cannot refuse to sell the CAR because the contract has already been made.
(b) He can refuse to sell the CAR because it was only invitation to offer and not the real offer.
(c) It was not a valid offer because willingness to enter into a contract was absent.
(d) None of the above
38. PRINCIPLE: Ignorantiajuris not excusat and ingnorntiafacitexcusat.
FACT: George was passenger from Zurich to Manila in Swiss plane. When the plane landed at the airport at Bombay on 28th Nov 1962 it was found on searct that George carried 34 Kgs of gold bars in Person and that he had not declared it in the ‘Manifest for transit’. on 26th Nov.1962 Government of India issued a notification and modified its earliest exemption and now it is necessary that, the gold must the declared in the “Manifest” of the aircraft.
(a) George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.
(b) George cannot prosecuted because it is mistake of fact which is excusable.
(c) George’s will be prosecuted because mistake of law is not excusable.
(d) George liability would depend on the discretion of the court.
39. PRINCIPLE: Preparation is not an offence except the preparation some special offences.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to party and to whom he wishes to give it, Unknown to Ramesh, his only son takes the halua and dies, in this case.
(a) Ramesh is liable for the murder.
(b) He is not liable for murder since it is a preparation alone.
(c) He is liable for culpable homicide
(d) None of the above
40. PRINCIPLE: Nuisance as a tort (Civil wrong) means an unlawful interference with a person’s use of enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 kg. of onion per ration cart. The queues extended on the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers brought and action for nuisance against the defendant.
(a) The defendant is liable for nuisance
(b) The defendant was not liable for nuisance
(c) The defendant was liable under the principle of strict liability
(d) The plaintiff’s should be decreed in his favor
41. PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong of contrary of law.
FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take bath and take his son out of the well. Both were rescused by the villagers but his son was found dead.
(a) A has committed culpable homicide not amounting to murder
(b) A has committed murder
(c) A has done no offence as he can plead the defence of unsoundness of mind
(d) A’s family should be responsible for this incident to let him to take child to the well.
42. PRINCIPLE: Whoever, intending to take dishonestly and movable property out of the possession on any person without that person’s consent moves that property, such taking is said to commit theft.
FACT: Ramu cuts down a tree on RINKU’s ground, with the intention of dishonestly taking the tree out of RINKU’s possession without RINKU’s consent. A could not take the tree away.
(a) RAMU can be prosecuted for theft
(b) RAMU cannot be prosecuted for theft
(c) RAMU can be prosecuted for attempt to theft
(d) RAMU has neither committed theft nor attempt to commit theft
43. PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid and act or omission which he can foresee would injure his neighbour. The neghbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
(a) Krishna will be liable, because he owed a duty of reasonable care to everbody on the road including Lakshmi.
(b) Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.
(c) Krishna will be liable to Lakshmi because he failed to drive carefully.
(d) None of the above.
44. PRINCIPLE: “Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation.”
FACT: Jeevan and Pavan were neighbours in residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with and kind of continuous noise. He filed a suit against Pavan.
(a) Pavan is liable, because he should not have started typing class in his house
(b) Pavan is liable, because as s neighbour, he should have realized Jeevan’s delicate nature.
(c) Pavan is not liable, because typing sound did not disturb a anyone else other than Jeevan.
(d) Pavan is not liable, because typing sound did not disturb anyone else other thenJeevan.
45. PRINCIPLE: 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 its self, equivalent to speech.
FACT: A sells, by auction, to B, a horse, which A knows to be unsound. A says nothing to B about the horse’s unsoundness.
(a) A can be held liable for fraud.
(b) A can be held liable for misrepresentation
(c) A cannot be held liable, because he did not say anything positive about the soundness of horse.
(d) A cannot be held liable because it is the buyer who must be aware of the things.
46. PRINCIPLE: Injuria sine Damnum i.e. injury without damage.
FACT: SONU, who was returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, though he was qualified voter, The candidate, whom MONU sought to vote, was declared elected.
(a) MONU can sue SONU on the ground that he was denied to caste vote, which is fundamental right.
(b) MONU can sue SONU on the ground that he was denied to caste vote, which is a legal right.
(c) MONU can sue SONU because there is no injury or damage cause to MONU.
(d) MONU cannot sue SONU because to whom SONU he sought to vote was declared elected.
47. PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to Custom Department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbook was later charged for having committed an offence under Foreign Exchange Regulation Act.
(a) He cannot be prosecuted because it would amount to double jeopardy.
(b) He can be prosecuted because confiscation of good by custom authorities doen not amount to prosecution by the Court.
(c) Maqbool ought to have known that he can be stopped by the custom authorities.
(d) None of the above.
48. PRINCIPLE: Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no little to it and had send it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
(a) X can be held responsible for trespass to goods.
(b) X cannot be held responsible for trespass to good as he was under a wrong belief.
(c) X has not committed any wrong.
(d) None of the above.
49. In a recent case a Supreme Court bench comprising of justice Dipak Misra and Justice Parafulla C pant held that the amount of maintenance to be awarded under Section 125 of CrPC cannot be restricted for the ideate period (three months) only as the inherent and fundamental principal behind section 125.
Also, it said that an order under Section 125 CPC can be passed if person, despite having sufficient means, neglects or refuses to maintain the wife.
(a) ShamimaFarooqui v. Shahid Khan
(b) Mogd. Ahmed Khan v. Shah Bano Begum
(c) HamidaBano v. abdulRasheed
(d) Abdul Kadir v. Salima
50. Select the correct statements on Social Justice Bench constituted on social issue
1. Constituted by Supreme Court on 3 December 2014
2. Started operation on 12 December 2014
3. The brainchild of Chief Justice of India H L Dhattu
4. Two-judge bench to be headed by Justice Madan B Lokur
5. The other member is Justice U Lalit
(a) 1, 2 and 5 are correct
(b) 1, 2 and 3 are correct
(c) 1, 3 and 4 are correct
(d) All are correct