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CLAT Legal Aptitude Practice Test

Q1. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.
Principle:
 Under the Hindu Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.
Facts:
 Vijay, being natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoption and Maintenance Act, 1956. In May 2012 Manoj gave Tarun in adoption to Sanjay. Subsequently in December 2013, Sanjay gave Tarun in adoption to Vijay.
(a) Adoption of Tarun by Sanjay is valid
(b) Adoption of Tarun by Vijay is valid
(c) Adoption of Tarun by Manoj is valid
(d) None of the above adoptions is valid

Q2. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

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 railways guide or a stock exchange quotation 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 statements is correct

Q3. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of the offender.
Facts:
 ‘X’, a Pakistani citizen, while staying at Karachi, made false representations to ‘Y’, the complainant, in Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of ‘X’ at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied to the complainant.
(a) The offence of cheating under section 420 of the Code was committed by ‘X’ within India, even though he was not physically present at the time and place of the crime
(b) The offence of cheating as per section 420 of the Code was not committed by ‘X’ within India, as he was not physically present at the time and place the crime
(c) Only the agents of ‘X’ had committed the offence of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime
(d) ‘Y’ was also liable for the offence of cheating under section 420 of the Code within India, as he was physically present at the time and place of the crime

Q4. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.
Facts:
 ‘X’, ‘Y’ and ‘Z’ plan to kill ‘D’. They agree that only one among them, that is ‘Z’, will execute the plan. In pursuance of it ‘Z’ buys a gun and loads it.
(a) Only ‘Z’ can be charged with criminal conspiracy to kill ‘D’
(b) All of them, i.e., ‘X’, ‘Y’ and ‘Z’, can be charged with criminal conspiracy to kill ‘D’
(c) ‘X’ and ‘Y’ cannot be charged with criminal conspiracy to kill ‘D’
(d) None of them can be charged with criminal conspiracy to kill ‘D’

Q5. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 ‘Wrongful gain’ is gain by unlawful means of property to which the person gaining is not legally entitled. ‘Wrongful loss’ is the loss by unlawful means of property to which the person losing it is legally entitled.
Facts:
 ‘X’ takes away Y’s watch out of Y’s possession, without Y’s consent and with the intention of keeping it.
(a) ‘X’ causes ‘Wrongful gain’ to ‘Y’
(b) ‘Y’ causes ‘Wrongful gain’ to ‘X’
(c) ‘X’ causes ‘Wrongful loss’ to ‘Y’
(d) ‘Y’ causes ‘Wrongful loss’ to ‘X’

Q6. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

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) ‘Y’ can sue ‘X’ for no an offence in the above context
(d) None of the above is correct in the above context

Q7. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Facts:
 ‘X’, under the influence of madness, attempts to kill ‘Y’.
(a) ‘Y’ has the right of private defence against ‘X’
(b) ‘Y’ does not have the right of private defence against ‘X’
(c) ‘Y’ has the right of private defence against ‘X’, only if ‘X’ is not under the influence of madness
(d) ‘X’ has the right of private defence against ‘Y’

Q8. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.
Facts:
 ‘A’, a Hindu who has separated from his father ‘B’, sells to ‘C’, three fields, X, Y and Z, representing that ‘A’ is authorized to transfer the same. Of these fields Z does not belong to ‘A’, it having been retained by ‘B’ on the partition; but on B’s dying ‘A’ as successor obtains Z, and at that time ‘C’ had not cancelled the contract of sale.
(a) ‘A’ can sell Z to a third party
(b) ‘A’ is not required to deliver Z to ‘C’
(c) ‘A’ is required to deliver Z to ‘C’
(d) None of the above statements is correct

Q9. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons.
Facts:
 ‘X’ wants to transfer his property to the presiding deity in a temple situated within the estate of ‘A’.
(a) Transfer of property by ‘X’ will be valid
(b) Transfer of property by ‘X’ will be invalid
(c) Transfer of property by ‘X’ to the presiding deity will become a valid transfer to ‘A’
(d) None of the above is correct

Q10. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift.
Facts:
 ‘A’ transfers his house worth Rs. 50 Lakhs to ‘B’ for a shopping building worth the same amount, as consideration, from ‘B’.
(a) The transaction is a gift
(b) The transaction is a sale
(c) The transaction is an exchange
(d) The transaction is a mortgage

Q11. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 One of the principles of natural justice is Nemo judex in causa sua, which means that no one should be a judge in his own cause. In other words, no person can judge a case in which he has an interest.
Facts:
 ‘X’, a member of the selection board for government service, was also a candidate for selection for the same service. ‘X’ did not take part in the deliberations of the board when his name was considered and approved.
(a) Selection of ‘X’ is against the principle of natural justice.
(b) Selection of ‘X’ is not against the principle of natural justice.
(c) Non-selection of ‘X’ will be against the principles of natural justice.
(d) Non-participation of ‘X’ in the board deliberations will render his selection valid.

Q12. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

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 willing to employ, fails 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

Q13. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Assume principles to be true for the purposes of this section.

Principle:
 Trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person. Disputes connected with the non-employment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman.
Facts:
 ‘X’, an employee in a sugar factory, raised a dispute against ‘Y’, the employer, through trade union regarding certain matters connected with his suspension from the employment.
(a) Matters connected with suspension can amount to a trade dispute
(b) Matters connected with suspension cannot amount to a trade dispute
(c) Only after dismissal, matters connected with suspension can amount to a trade dispute
(d) None of the above is correct.

Q14. Directions: The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle:
 Whoever, intending to take dishonestly any movable property out of the possession of 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.

Q15. Directions: The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle:
 injuria sine damnum, i.e., injury without damage.
Fact:
 SONU, who was a returning officer at a polling booth, wrongly refused to register a duly tendered vote of MONU, though he was a 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 cast vote, which is fundamental right.
(b) MONU can sue SONU on the ground that he was denied to cast vote, which is a legal right.
(c) MONU cannot sue SONU because there is no injury or damage cause to MONU.
(d) MONU cannot sue SONU because to whom he sought to vote was declared elected.
 
1. (c) 2. (a) 3. (a) 4. (b) 5. (c) 6. (b) 7. (a) 8. (c) 9. (b) 10. (c) 11. (a) 12. (b) 13. (a) 14. (a) 15. (b)

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