CLAT LLM 2016 Previous Year Solved Question Paper

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Section: Constitutional Law

Q.1 The total number of members in the Legislative Council of a State having such a Council shall not exceed:

1. two-third of the total number of members in the Legislative Assembly of that State.

2. the total number of members in the Legislative Assembly of that State

3. One half-of the total number of members in the Legislative Assembly of that State.

4. One-third of the total number of members in the Legislative Assembly of that State.

Correct Answer: 4.

Q.2 Right to enforce which Articles of the Constitution cannot be suspended during emergency?

1. Articles 19 and 21

2. Articles 20 and 21 – Article 20 – Protection in respect of conviction for offences

3. Articles 21 and 22

4. Articles 19 and 20

Correct Answer: 2

Q.3 Which Article of the Constitution provides that “Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it”?

1. Article 134 – Appellate jurisdiction of Supreme Court in regard to criminal matters

2. Article 142 – Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

3. Article 137 – Review of judgments or orders by the Supreme Court

4. Article 135 –  Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Correct Answer: 3

Q.4 Which Article of the Constitution says that law declared by the Supreme Court shall be binding on all courts within the territory of India?

1. Article 142

2. Article 141

3. Article 140 – Ancillary powers of Supreme Court

4. Article 146 – Officers and servants and the expenses of the Supreme Court

Correct Answer: 2

Q.5 The concept of curative petition was applied by the Supreme Court in the case of:

1. P.A. Inamdar v. State of Maharashtra (2005) – Supreme Court of India held that the minority and the non-minority unaided private educational institution does not come under the reservation policy of the state.

2. Ashok Kumar Thakur v. UOI (2008) – By which Article 15(5) was upheld

3. Rupa Ashok Hurra v. Ashok Hurra (2002)

5. Om Kumar v. UOI (2002) – related to applicability of the principle of proportionality with respect to Article 14 of the Constitution of India.

Correct Answer: 3

Q.6 All doubts and disputes arising out of or in connection with the election of the President shall be inquired into and decided by the:

1. Supreme Court

2. Elected members of Parliament and State Legislative Assemblies

3. Election Commission of India

4. Parliament in consultation with Election Commission of India

Correct Answer: 1

Q.7 Under which Article of the Constitution, a Commission to investigate the conditions of Backward Classes can be appointed by the President of India?

1. Article 340

2. Article 341 – Scheduled Castes

3. Article 342 – Scheduled Tribes

4. Article 16 (4) – Reservation in employment

Correct Answer: 1

Q.8 Which of the following statement is correct?

1. A law put into the IX Schedule of the Constitution cannot be challenged on the ground of violation of basic structure

2. Only those laws which have been put into the IX Schedule after 24th April, 1973 can be challenged on the ground of basic structure.

3. A law put into the IX Schedule of the Constitution can be challenged on the ground of violation of basic structure, irrespective of the fact when the law was put in the IX Schedule

4. Only those laws which have been put into the IX Schedule after 10th May, 1973 can be challenged on the ground of violation of basic structure

Correct Answer: 2

Q.9 Which is the correct language of Article 20(2) of the Constitution?

1. No person shall be prosecuted or punished for the same offence more than once.

2. No person shall be prosecuted and punished for the same offence more than once

3. No person shall be punished for the same offence more than once

4. No person shall be prosecuted for the same offence more than once

Correct Answer: 2

Q.10 In which case Supreme Court held that “the mental privacy” is a part of Article 21 of the Constitution?

1. Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461

2. Aruna Shanbaug v. UOI (2011) 4 SCC 454

3. Selvi v. State of Karnataka (2010) 7 SCC 263

4. Bachpan Bachao Andolan v. UOI (2011) 5 SCC 1

Correct Answer: 3

Q.11 The conclusive part of Article 31 C, i.e. “and no law containing a declaration that is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy” was struck down by the Supreme Court in the case of

1. Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461

2. Bhim Singh v. UOI, AIR 1981 SC 234

3. Golaknath v. State of Punjab, AIR 1967 SC 1643

4. Minerva Mills v. UOI, AIR 1980 SC 1789

Correct Answer: 1

Q. 12 In which case Articles 323 A (2) (d) and Article 323 B (3) (d) were declared unconstitutional to the extent they exclude the jurisdiction of the High Courts and the Supreme Court under Articles 226/227 and 32 of the Constitution?

1. L. Chandra Kumar v. Union of India (1997)

2. I.R. Coelho v. State of Tamil Nadu (2007) – In this case, a nine-member bench of Supreme Court held that ninth schedule items are not immune to judicial review as it is part of the constitution.

3. Maneka Gandhi v. Union of India (1978)

4. S.P. Sampath Kumar v. Union of India (1987)

Correct Answer: 1

Q. 13 Financial emergency under Article 360 of the Constitution once imposed, after the approval by both the Houses of Parliament within the period of two months, shall remain valid for the period of:

1. One Year

2. till it is revoked by the Parliament

3. six months

4. three year

Correct Answer: 2

Q. 14 The Constitution (One Hundredth Amendment) Act, 2015 gave effect to the exchange of:

1. 51 Bangladeshi and 51 Indian enclaves

2. 111 Indian and 111 Bangladeshi Enclaves

3. 51 Bangladeshi and 111 Indian Enclaves

4. 111 Bangladeshi and 51 Enclaves

Correct Answer: 3

Q. 15 Which case is popularly known as “Cash for Question” case?

1. Rajnath Singh v. Hon’ble Speaker Lok Sabha (2008)

2. In re Keshav Singh case (1965) – related to parliamentary privileges – The apex court upheld the verdict of the high court and held that the “judge who entertains a petition challenging any order of the legislature imposing any penalty on the petitioner for its contempt…does not commit contempt of the said legislature and the legislature is not competent to initiate proceedings against that judge”.

3. Amrinder Singh v. Punjab Vidhan Sabha (2010)

4. Raja Ram Pal v. Hon’ble Speaker Lok Sabha (2007)

Correct Answer: 4

Q. 16 If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Clause (1) of Article 102 of the Constitution, the question shall be referred for the decision of the ____ and his decision shall be final.

1. Prime Minister

2. Vice-President

3. Speaker/Chairman of the House

4. President

Correct Answer: 4

Q. 17 Which Article of the Constitution puts obligation on the state to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes ?

1. Article 46

2. Article 43 – Living wage, etc, for workers

3. Article 45 –  Provision for free and compulsory education for children

4. Article 21-A

Correct Answer: 1

Q. 18 The President of India may be removed from the office by impeachment on the ground of:

1. proved misbehaviour or incapacity

2. proved misbehaviour and misconduct

3. violation of the Constitution

4. proved misbehaviour

Correct Answer: 3

19. An Ordinance promulgated by the President under Article 123 of the Constitution shall cease to operate at the expiration of ____ from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both the Houses of Parliament and in such case upon the passing of the second of those resolutions; and may be withdrawn at any time by the President

1. two months

2. six months

3. six weeks

4. one month

Correct Answer: 3

20. By which amendment to the Constitution, Article 16 (4B) was added?

1. The Constitution (Eighty-fifth Amendment) Act, 2001 inserted Article 16(4A)

2. The Constitution (Ninetieth Amendment) Act, 2003 – Article 332 which provides for reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States was amended

3. The Constitution (Eighty-first Amendment) Act, 2000 – creation of backlog vacancies a separate class of vacancies and it does not include reservation mark upto 50%

4. The Constitution (Eighty-second Amendment) Act, 2000 – The amendment restored the relaxation of qualifying marks and standards of evaluation in matters of reservation in promotion.

Correct Answer: 3

21. Which Schedule of the Constitution of India deals with the provisions as to disqualification on ground of defection?

1. X

2. VIII

3. VII – allocation of powers and functions between Union & States

4. IX

Correct Answer: 1

22. Article 21-A was inserted in the Indian Constitution by:

1. The constitution (Ninety-second Amendment) Act, 2003

2. The Constitution (Eighty-fifth Amendment) Act, 2001

3. The Constitution (Forty-second Amendment) Act, 1976

4. The Constitution (Eighty-sixth Amendment) Act, 2002

Correct Answer: 4

23. The doctrine of “occupied field” was applied by the Supreme Court in the case of:

1. Union of India v. Tulsi Ram Patel (1985) –Principle of natural justice

2. A.B. Krishna v. State of Karnataka (1998)

3. I.R. Coelho v. Union of India (2007) – also known as 9th schedule case – upholding the authority of the judiciary to review any law, which destroy or damage the basic structure as indicated in fundamental rights

4. Kesavananda Bharti v. State of Kerala (1973)

Correct Answer: 2

24. In which Article of the Constitution the “Contingency Fund” of India is defined?

1. Article 267

2. Article 266 – Consolidated Funds and public accounts of India and of the States

3. Article 269 – Taxes levied and collected by the Union but assigned to the States

4. Article 268 – Duties levied by the Union but collected and appropriated by the States.

Correct Answer: 1

25. In case of a deadlock over an Ordinary Bill between two Houses in a State Legislature, the Bill is deemed to have been passed:

1. after the Bill has been passed for the second time by the Legislative Assembly and more than six months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.

2. after the Bill has been passed for the second time by the Legislative Assembly and more than three months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.

3. Only in the form in which it is passed in the joint sitting of both the Houses of the State Legislature

4. after the Bill has been passed for the second time by the Legislative Assembly and more than one month elapses from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.

Correct Answer: 4

26. Election to fill a vacancy in the office of President occurring by reason of is death, resignation or removal, or otherwise, shall be held as soon as possible after, and in no case later than:

1. two months from the date of occurrence of the vacancy

2. six months from the date of occurrence of the vacancy

3. one month from the date of occurrence of the vacancy

4. three months from the date of occurrence of the vacancy

Correct Answer: 2

27. Who in respect of every financial year cause to be laid before the Houses of Parliament, a statement of the estimated receipts and expenditure of the Government of India for that year, which is known as “annual financial statement”?

1. Speaker of the House

2. Prime Minister

3. President

4. Finance Minister

Correct Answer: 3

28. By which amendment the ground of “armed rebellion” for imposing national emergency was substituted for the ground “internal disturbance”?

1. The Constitution (Thirty-ninth Amendment) Act, 1975

2. The Constitution (Forty-second Amendment) Act, 1976

3. The Constitution (Fifteith Amendment Act), 1976

4. The Constitution (Forty-fourth Amendment) Act, 1978

Correct Answer: 4

29. Article 30 of the Constitution gives the right to establish and administer educational institutions of their choice to all minorities whether based on:

1. religion and language

2. language

3. religion or language

4. religion

Correct Answer: 3

30. Which of the following judgment of the Supreme Court is related to rights of third gender?

1. Democratic Union v. Govt. of India (2015)

2. Ramprakash v. State of U.P. (2013)

3. Peoples Union for Civil Liberty v. State of Maharashtra (2000)

4. National Legal Services Authority v. Union of India (2014)

Correct Answer: 4

31. In which case the Supreme Court declared clauses (4) and (5) of Article 368 of the Constitution as unconstitutional?

1. Minerva Mills v. Union of India (1980)

2. I.R. Coelho v. Union of India (2007)

3. Indira Nehru Gandhi v. Raj Narain (1976)

4. L. Chandra Kumar v. Union of India (1997)

Correct Answer: 1

32. In which case the Supreme Court of India held that “right to life” does not include “right to die”?

1. Gian Kaur v. State of Punjab (1996)

2. State of Maharashtra v. Maruti Sripati (1987)

3. Mithu v. State of Pujab (1983)

4. P. Rathinam v. Union of India (1994)

Correct Answer: 1

33. Under Article 355 of the Constitution it shall be the duty of the Union to protect every state against:

1. war, external aggression, and armed rebellion

2. external aggression

3. external aggression and armed rebellion

4. external aggression and internal disturbance

Correct Answer: 4

34. In the Constitution of India, disqualification for appointment on remunerative political post is provided in:

1. Article 361-A – protection of publication of proceedings of Parliament and State Legislatures.

2. Article 361 – Protection of President and Governors and Rajpramukhs

3. Article 361-B

4. Article 362 – Rights and privileges of Rulers of Indian States

Correct Answer: 3

35. Article 29(2) of the Constitution provides that “No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of state funds on grounds only of:

1. religion, race, caste, place of birth, language or any of them

2. religion, race, caste, language or any of them

3. race, caste, sex, language or any of them

4. religion, race, caste, sex, language or any of them

Correct Answer: 2

36. The joint sitting of both the Houses of Parliament in certain cases can be called by the President under Article:

1. 107 – Provisions as to introduction and passing of Bills

2. 110 – Definition of Money Bill

3. 108

4. 109 – Special procedure in respect of Money Bills

Correct Answer: 3

37. For the election of the President, the electoral college shall consist of:

1. Elected members of both the Houses of Parliament, members of the Legislative Assemblies of the states and elected members of the Legislative Assemblies of Delhi and Pondicherry

2. Members of both the Houses of Parliament, members of legislative Assemblies of states and Legislative Assemblies of Delhi and Pondicherry

3. Elected members of both the Houses of Parliament, members of the Legislative Assemblies of States including National Capital Territory of Delhi and the Union Territory of Pondicherry

4. Elected members of both the Houses of parliament and elected members of Legislative Assemblies of the States including National Capital territory of Delhi and Union Territory of Pondicherry.

Correct Answer: 4

38. In which case the Supreme Court ruled that the defence of “sovereign immunity” is alien to the concept of guarantee of fundamental rights?

1. Rudal Shah v. State of Bihar (1983)

2. PUDR v. Union of India (1983)

3. Nilabati Behera v. State of Orissa (1993)

3. Maneka Gandhi v. Union of India (1978)

Correct Answer: 3

39. In which case the Supreme Court observed that there is no fundamental right to strike?

1. Sodan Hussain v. N.D.M.C. (1989)

2. Delhi Police Non-Gazetted Karamchari Union v. Union of India (1987)

3. T.K. Rangarajan v. State of Tamil Nadu (2003)

4. Manohar Lal v. State of Punjab (1961)

Correct Answer: 3

40. In which case the administration had approached the High Court seeking order for termination of pregnancy of an orphan women, suffering from mild mental retardation and found pregnant (allegedly on having raped)

1. Savita Kumari v. Chandigarh Admn.

2. Orphan Society v. Delhi Admn.

3. Suchita Srivastava v. Chandigarh Admn.

4. Suchita Krishnan v. Delhi Admn

Correct Answer: 3

41. The operative part of Article 310(1) of the Constitution is:

1. Subject to the provisions of this Constitution

2. Notwithstanding anything provided by this Constitution

3. Except as expressly provided by this Constitution

4. Subject to the provision of Article 311

Correct Answer: 3

42. Under which Articles of the Constitution the rights given therein are available only to the citizens of India?

1. Articles 15, 16, 19 and 17

2. Articles 15, 16, 19 and 21

3. Articles 15, 16, 19 and 29

4. Articles 15, 16, 19 and 25(1)

Correct Answer: 3

43. Which Article of the Constitution puts a duty on every citizen of India to renounce practices derogatory to the dignity of the woman?

1. Article 21

2. Article 51 A(g)

3. Article 51 A(e)

4. Article 19

Correct Answer: 3

44. In which case the Supreme Court upheld the use of Aadhaar Card for certain government schemes?

1. K.S. Puttaswamy v. UOI

2. Sandeep v. UOI

3. M.C. Mehta v. UOI

4. PUDR v. UOI

Correct Answer: 1

45. Under which Article of the Constitution the Prime Minister is duty bound to furnish information to the President regarding all decisions of council of Ministers relating to the administration of the affairs of the Union and proposals for legislation as the President may call for?

1. Article 76 – Attorney General for India

2. Article 78

3. Article 79 – Constitution of Parliament

4. Article 77 – Conduct of business of the Government of India

Correct Answer: 2

46. President can appoint distinguished jurist as a judge

1. of the High Court only

2. of the High Court as well as Supreme Court

3. neither of the High Court nor of the Supreme Court

4. of the Supreme Court only

Correct Answer: 4

47. Which of the following statement is correct?

1. Some provisions of the Constitution came into force on 26.11.1949 and the remaining provisions came into force on 26.01.1950

2. All the provisions of the Constitution came into force on 15.08.1947

3. Some provisions of the Constitution came into force on 15.08.1947 and the remaining provisions came into force on 26.11.1949

4. All the provisions of the Constitution came into force on 26.01.1950

Correct Answer: 1

48. By which amendment of the Constitution, Article 13(4) was added?

1. The Constitution (Twenty-fifth Amendment) Act, 1971 – curtailed the right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation

2. The Constitution (Twenty-fourth Amendment) Act, 1971

3. The Constitution (Twenty-ninth Amendment) Act, 1972

4. The Constitution(Twenty-third Amendment) Act, 1969 – It discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly.

Correct Answer: 2

49. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed:

1. 15% of the total number of members of the Parliament

2. 15% of the total number of members of House of the People

3. 15% of the total number of elected members of House of the People and Council of States

4. 15% of the total number of members of the Council of states

Correct Answer: 2

50. In which case the Supreme Court upheld the Haryana Panchayati Raj Act prescribing minimum educational qualifications for contesting elections of Panchayats?

1. Chaudhry Ranbir Singh v. State of Haryana

2. Ravibala v. State of Haryana

3. Rajbala v. State of Haryana

4. Chaudhry Ravi Singh v. State of Haryana

Correct Answer: 3

Section: Jurisprudence

Q.1 The Indian Penal Code is a:

1. Customary Code

2. Consolidating Code

3. refined code

4. creative code

Correct Answer: 4

2. Who defined ‘administration of justice’ as the ‘maintenance of right within a political community by means of the physical force of the State’?

1. Duguit

2. Keeton

3. Ihering

4. Salmond

Correct Answer: 4

3. “The movement of progressive societies has hitherto been a movement from status to contract”. This was stated by:

1. Savigny

2. Maitland

3. Savigny and Maine

4. Maine

Correct Answer: 4

4. The absolutist theories of sovereignty were given by:

1. Bodin, Hobbes and Austin

2. Austin, Salmond and Maine

3. Austin, Kelsen and Maine

4. Austin, Bentham and Savigny

Correct Answer: 1

5. While differentiating between judicial and legislative creativity, it was stated that “the creative power of the courts is limited by existing legal material at their command. They find the material and shape it. The legislature may manufacture entirely new material.” Who made this statement?

1. Savigny

2. Allen

3. Salmond

4. Austin

Correct Answer: 2

6. Find out the odd man out among the following:

1. Comte

2. Hegel

3. Savigny

4. Puchta

Correct Answer: 1

7. The “Jurisprudence then, in the present hypothesis, is the Lawyers extra version” was observed by:

1. Julius Stone

2. John Locke

3. Kelsen

4. Ihering

Correct Answer: 1

8. Which of the following is said to be “Nine Points in Law”?

1. Ownership

2. Right

3. Possession

4. Might

Correct Answer: 3

9. Who said that “Certainty of law is a legal myth”?

1. Kelsen

2. Salmond

3. Jerome Frank

4. Holmes

Correct Answer: 3

10. A Right is:

A. A righteous claim

B. A legal claim

C. A just claim

D. A moral claim

Correct Answer: B

11. According to the “Purpose theory” of personality:

1. The dignity of being a “juristic person” as having to be concerned by the State

2. beneficiary of a foundation is a person

3. person is applicable only to human beings

4. corporate entity is a person

Correct Answer: 3

12. Rights in ‘re propria’ mean:

1. Intangible rights

2. Right in one’s own things

3. Tangible rights

4. Rights in the things of others

Correct Answer: 2

13. The physical control of an object is:

1. possession civilis

2. practor’s interdicts

3. possession naturales

4. possession interdicts

Correct Answer: 3

14. Which of the following was the famous work of Jeremy Bentham?

1. Limits of Jurisprudence Defined

2. The Concept of Law

3. The Spirit of Law

4. Province of Law Determined

Correct Answer: 1

15. According to Historical School, the most important source of law is:

1. Judicial Precedent

2. Legislation

3. Custom

4. Morality

Correct Answer: 3

16. Who stated, “Common law is essentially judge made law”?

1. Salmond

2. Pollock

3. Holmes

4. Blackstone

Correct Answer: 1

17. One of the important aspects of Sociological School is to study:

1. Effect of law on international order

2. Effect of law on society

3. Effect of law on morality

4. Effect of law on religion

Correct Answer: 2

18. Which theory of law is known as “Vienna School” of legal thought?

1. Pure

2. Natural

3. Historical

4. Philosophical

Correct Answer: 1

19. Which of the following is not a characteristic of sovereignty as per Austin’s analysis?

1. Essentially

2. Indivisibility

3. Illimitability

4. Divinity

Correct Answer: 4

20. Who said that the task of law is ‘social engineering’?

1. Durkheim

2. Roscoe Pound

3. Henry Maine

4. Ehlirich

Correct Answer: 2

21. “Ignorantia facit execusat” means:

1. Ignorance of fact is no excuse

2. Ignorance of law is excuse

3. Ignorance of law is no excuse

4. Ignorance of fact is excuse

Correct Answer: 4

22. Who was the author of “The Province of Jurisprudence Determined”?

1. Kelsen

2. Dias

3. Austin

4. Salmond

Correct Answer: 3

23. In Pure Theory of law, a legal norm derives its validity from:

1. Sovereign

2. Higher Legal Norm

3. Higher Moral Norm

4. Higher Social Norm

Correct Answer: 2

24. Who said that “the essence of legal right seems to me to be not legally guaranteed power to realize an interest”?

1. Salmond

2. Allen

3. Hegel

4. Paton

Correct Answer: 2

25. Fill in the blanks by Choosing the correct option:

______ justice prescribes equality. There has to be equal distribution among equals, unequal distribution among unequals. ______ justice seeks to restore equality, when this has been shaken, on the assumption that the situation that has been upset was distributively first.

1. Distributive, Corrective

2. Classic, Corrective

3. Particular, Distributive

4. Universal, Classic

Correct Answer: 1

26. In India, which of the following cannot logically be said to be the manifestation of “VOLKGEIST”?

1. GURUKUL Education

2. Community Labour (SHRAMDAN)

3. Untouchability

4. Panchayat system

Correct Answer: 3

27. Who stated that “I recognize without hesitation that judges must and do legislate, but they do so only interstitially; they are confined from molar to molecular motions”?

1. Justice Holmes

2. Gray

3. Kant

4. Justice Cardozo

Correct Answer: 1

28. According to Kelsen

1. Law is to serve social purpose

2. Law is a means not an end

3. Law is the command of the sovereign

4. Law is a normative science

Correct Answer: 4

29. Four elements of State are:

1. Population, Territory, Sovereignty and Divinity

2. Population, Territory, Government and Sovereignty

3. Population, Sovereignty and Territory and Equality

4. Sovereignty, Government and Territory and Morality

Correct Answer: 2

30. Savigny, Salmond and Dicey were the main supporters of which theory of personality?

1. Organic theory

2. Concession theory

3. Bracket theory

4. Fiction theory

Correct Answer: 4

31. According to Hohfeld what is the “jural opposite” of power?

1. Right

2. Liability

3. Disability

4. Duty

Correct Answer: 3

32. Who is the author of the famous work “Law in the Making”?

1. C.K. Allen

2. Kelsen

3. Upendra Baxi

4. Henry Maine

Correct Answer: 1

33. According to Hohfeld if ‘X’ ha a power, “Y” has a liability. A liability in “Y” means the absence of immunity in him. Therefore:

1. There is no relation between power and liability

2. Power and liability are “jural contradicts”

3. Power and liability and “jural opposites.”

4. Power and liability are “jural correlatives”.

Correct Answer: 4

34. Salmond distinguished between “corporeal possession” and “incorporeal possession”. According to him corporeal possession refers to:

1. Possession of physical objects

2. possession of rights

3. intention to possess physical objects

4. Intention to possess rights

Correct Answer: 1

35. Who defined law as ‘ a social institution to satisfy social wants”?

1. Duguit

2. Ihering

3. Pound

4. Kelsen

Correct Answer: 3

36. Who said that “Jurisprudence was the first of the social sciences to be born”?

1. Savigny

2. Duguit

3. Wurzel

4. Hegel

Correct Answer: 3

37. Who summarized Austin’s thesis by stating that “this, at first sight, looks like circular reasoning. Law is law since it is made by the Sovereign. The Sovereign is Sovereign because he makes the law”?

1. Fuller

2. Buckland

3. Holland

4. Hart

Correct Answer: 2

38. Who used the “social solidarity” as a criterion of the validity of Laws?

1. Duguit

2. Pound

3. Kelsen

4. Ihering

Correct Answer: 1

39. X was allowed to put her goods in certain rooms in Y’s house. X sent them by agent, who locked them in the rooms allotted for that purpose in Y’s house by Y, and took away the key.

1. X was in possession of the rooms

2. The agent of ‘X’ was in possession of the rooms

3. The agent of ‘X’ and ‘Y’ were in possession of the rooms

4. ‘Y’ was in possession of the rooms

Correct Answer: 1

40. According to Analytical School, pre-existence of which of the following is necessary for the growth of Positive Law?

1. Family

2. State

3. Tribe

4. Clan

Correct Answer: 2

41. Which school regards the judge made law as “an unauthorized encroachment upon the powers of the legislators to make law”?

1. Realist school

2. Historical school

3. Sociological school

4. Analytical school

Correct Answer: 4

42. What is the correlative of “Immunity”, according to Hohfeld?

1. Duty

2. Liability

3. Disability

4. Power

Correct Answer: 3

43. American Realist movement is a combination of the:

1. natural Law positivist and sociological approaches

2. analytical positivist and sociological approaches

3. historical positivist and sociological approaches.

4. natural law positivist and historical approaches

Correct Answer: 2

44. Right to one’s Reputation is a :

1. right in rem

2. right in personam

3. an easement right

4. property right

Correct Answer: 1

45. Cicero defined law as:

1. The highest reason implanted in nature

2. The aggregate of rules set by men or politically superior, or sovereign, to men or politically subject

3. A social institution to satisfy social wants

4. The form of the guarantee of the conditions of life of society assured by state’s power of constraint

Correct Answer: 1

46. Who is the propounder of “Bracket theory” of personality?

1. Ihering

2. Baker

3. Savigny

4. Salmond

Correct Answer: 1

47. That “Life of law has not been logic, it has been experience” was observed by:

1. Hohfeld

2. Holmes

3. Holland

4. Henry Maine

Correct Answer: 2

48. Who is the author of the famous book “The Concept of Law”?

1. Kelsen

2. Upendra Baxi

3. Austin

4. Hart

Correct Answer: 4

49. Who is called the “father of English Jurisprudence”?

1. Kelsen

2. John Austin

3. Ihering

4. Justice Holmes

Correct Answer: 2

50. The reaction against which law theories provided a rich bed in which the seeds of historical scholarship took root and spread?

1. Realist law theories

2. Natural law theories

3. Analytical law theories

4. Pure Law theories

Correct Answer: 2

Section: Other Subjects such as Contracts, Torts, Criminal Law, International Law, IPR, etc.

1. ‘A’ signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. ‘A’ commits:

1. attempt of cheating

2. forgery

3. attempt of forgery

4. cheating

Correct Answer: 2

2. Article 51 of the UN Charter saves which of the following rights as being inherent?

1. Right to free trade with member-states

2. Right to enter into relations with other states

3. Right of self-defence

4. Right of self-determination

Correct Answer: 3

3. A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the assets according to the will, and appropriates the assets to his own use. A commits:

1. Criminal breach of trust

2. theft

3. cheating

4. forgery

Correct Answer: 1

4. Under the Patents Act, 1970 a patent is granted for:

1. invention

2. discovery

3. observation

4. finding

Correct Answer: 1

5. ‘A’ gives authority to ‘B’ to sell A’s land and to pay himself, out of the proceeds, the debts due to him from ‘A’:

1. A cannot revoke his authority

2. The authority can be terminated after the death of ‘A’.

3. A can revoke this authority subsequently

4. The authority can be terminated on the ground of insanity of ‘A’.

Correct Answer: 1

6. ‘A’ voluntarily throws into a river a ring belonging to ‘Z’, with the intention of thereby causing wrongful loss to ‘Z’. ‘A’ has committed:

1. extortion

2. theft

3. cheating

4. mischief

Correct Answer: 4

7. The Judges of International Court of Justice are elected for nine years and the court shall elect its president or Vice-president for a term of:

1. Nine years

2. Three years

3. Five years

4. Seven years

Correct Answer: 2

8. A married couple has adopted a son under the provisions of the Hindu Adoption and Maintenance Act, 1956. While the adopted son is alive, the couple is willing to adopt another son a s the said adopted son was not medically fit to produce a child. The couple –

1. can adopt another son with the permission of the Court

2. cannot adopt another son

3. can adopt another son with the consent of the adopted son

4. can adopt another son

Correct Answer: 2

9. A nine year old boy bought petrol in a Can from the defendant, a petrol dealer by falsely stating that his mother needed it for her car. In fact, he used it to play with it, and, in doing so, sustained burn injuries. The defendant is:

1. there was contributory negligence of the boy, therefore defendant is not liable.

2. not liable in negligence because possession of the Can and money proved that boy acted as a reasonable person.

3. not liable in negligence as the boy had made a false statement and defendant believed it to be true

4. liable in negligence for supplying petrol to so young a boy who was not expected to know the properties of petrol.

Correct Answer: 4

10. A,B.C,D and E, while carrying away property obtained by theft committed in a house fired shots in the air with a view to scare away the inmates, from pursuing them. They are guilty of:

1. extortion

2. dacoity

3. riot

4. theft

Correct Answer: 2

11. Who said that the Public International Law is “a Vanishing Point of Jurisprudence”?

1. Fawcett

2. Brierly

3. Holland

4. Grotious

Correct Answer: 3

12. ‘A’ supplies to the dependent wife and children of a lunatic ‘B’, necessities suitable to their needs and conditions of life. ‘A’ is:

1. entitled to reimbursement from B’s property

2. entitled to partial reimbursement only

3. not entitled to any reimbursement

4. entitled to reimbursement at the discretion of ‘B’.

Correct Answer: 1

13. ‘A’ agrees to buy from ‘B’ a certain horse. It turns out that horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is:

1. valid for claim of compensation

2. voidable

3. valid

4. void

Correct Answer: 4

14. An accused head master of a school threatens a lady teacher to sign certain blank papers and if she does not do so, he would defame her. The head master is guilty of:

1. extortion

2. attempt to commit defamation

3. criminal intimidation

4. robbery

Correct Answer: 3

15. The essential test for the existence of international custom are:

1. uniform states practice and opinion juris sive necessitatis

2. ancient nature

3. ancient nature, uniform states practice and opinion juris sive necessitates

4. ancient nature, uniform states practice

Correct Answer: 1

16. Indian Copyright Act, 1957 protects the literary work for following term:

1. Life of author plus 25 years after his/her death

2. Full life only

3. Life of author plus 50 Years after his/her death

4. Life of author plus 60 Years after his/her death

Correct Answer: 4

17. In his definition of ‘Law of Tort’, Winfield supports the principle given in the maxim:

1. Ubi remedium ibi jus

2. Ubi jus ibi remedium

3. Respondeat superior

4. Damnum sine injuria

Correct Answer: 2

18. Emission Trading Mechanism is a market based mechanism provided in:

1. Warsaw Amendment, 2013

2. Kyoto Protocol, 1997

3. U.N. Convention on Climate Change, 1992

4. Lima Agreement, 2014

Correct Answer: 2

19. Basic principles of award of compensation for breach of contract were laid down in:

1. Hadley v. Baxendale

2. Solomon v. Solomon

3. Harvey v. Facie

4. Carllil v. Carbolic Smoke Ball Co.

Correct Answer: 1

20. ‘A’ lets to ‘B’, for hire, a horse for his riding. ‘B’ uses the horse to drive the carriage:

1. The bailment is automatically terminated

2. The termination of bailment is at the option of ‘A’.

3. The bailment can be terminated at the option of ‘B’.

4. The bailment cannot be terminated.

Correct Answer: 2

21. ‘A’ inserts his finger into the anus of a woman against her will. Under which one of the following Sections of the Indian Penal Code, 1860 ‘A’ is punishable?

1. Section 377

2. Section 354

3. Section 376

4. Section 509

Correct Answer: 3

22. For the offence of cheating, which one of the following state(s) of guilty mind/s/is/are to be proved?

1. Fraudulently or dishonestly

2. Dishonestly

3. Fraudulently

4. Fraudulently and dishonestly

Correct Answer: 1

23. Who is called father of Public International Law?

1. Grotious

2. Holland

3. Starke

4. Oppenheim

Correct Answer: 1

24. ‘A’ proposes, by letter, to sell a house to ‘B’ at a certain price. ‘B’ accepts the proposal of ‘A’ by posting a letter to ‘A’. Select the correct option:

1. There cannot be an agreement between ‘A’ and ‘B’ by post.

2. The communication of the acceptance is complete against ‘B’ when the letter is posted by ‘B’.

3. The communication of the acceptance is complete against ‘B’ when the letter is received by ‘A’.

4. The communication of the proposal is complete when the letter of proposal was posted by ‘A’.

Correct Answer: 3

25. India acceded to the International Covenant on Civil and Political Rights in:

1. 1972

2. 1966

3. 1979

4. 1976

Correct Answer: 3

26. Under the Copyright Act, 1957 copyright can be granted to?

1. invention

2. handicrafts

3. design of a bottle

4. literary, dramatic, musical and artistic work

Correct Answer: 4

27. Which one of the following is not a defence to the strict liability rule in tort?

1. Plaintiff’s own default

2. inevitable accident

3. Act of God

4. Escape of dangerous things through the unforseeabale act of a stranger

Correct Answer: 2

28. Which one of the following is not an element of the tort of malicious prosecution?

1. Prosecution of the plaintiff by the defendant

2. Damage to the plaintiff due to malicious prosecution

3. Termination of the criminal case in favour of the defendant

4. Absence of reasonable and probable cause for prosecution

Correct Answer: 3

29. Which one of the following is accepted as mens rea for constituting the offence of theft?

1. voluntarily

2. Dishonestly

3. Fraudulently

4. Knowingly

Correct Answer: 2

30. Where the principle of “Common but differentiated responsibilities” finds a place?

1. Paris Agreement, 2015

2. Montreal Protocol, 1987

3. U.N. Convention on Biodiversity, 1992

4. Warsaw Amendment, 2013

Correct Answer: 1

31. When, U.N. Human Rights Council, which is successor to the U.N. Commission on Human Rights, was established?

1. 2010

2. 2012

3. 2013

4. 2006

Correct Answer: 4

32. In execution of a decree for the maintenance, salary of a person can be attached to the extent of:

1. two third

2. one half

3. one fourth

4. one third

Correct Answer: 1

33. If International Law were only a kind of morality, the framers of State Papers Concerning Foreign Policy would throw all their strength on moral argument. Who made this observation?

1. Fitzmaurice

2. J.G. Starke

3. John Austin

4. Frederick Pollock

Correct Answer: 4

34. The maxim ‘qui facit per alium facit per se’ means:

1. he who acts through others is deemed in law as doing it himself.

2. responsibility must not be that of the superior

3. a person is responsible for his wrongful acts.

4. an agent is not liable to principal

Correct Answer: 4

35. The International Criminal Court was established by:

1. Rome Statute, 1998

2. UN Charter, 1945

3. League of Nations, 1919

4. Hague Conference, 1907

Correct Answer: 1

36. As per the Copyright Act, 1957, who is not included in the definition of Performer?

1. Snake Charmer

2. Acrobat

3. Cobbler

4. Singer

Correct Answer: 3

37. ‘A’ agrees to sell his house worth Rs. 5 lac for Rs. 1000/-. A denies that his consent to the agreement was freely given.

1. The Contract is void because of inadequacy of consideration

2. ‘A’ cannot take this plea after the agreement

3. The court should take into account the inadequacy of the consideration in considering whether or not ‘A’s consent was freely given.

4. The court cannot take into account of the consideration in considering whether or not ‘A’s consent was freely given.

Correct Answer: 3

38. The Supreme Court in the case of Novartis, AG v. Union of India, rejected the patent of which drug?

1. Macsarin

2. Gleevec

3. Zimmerman

4. Aspirin

Correct Answer: 2

39. ‘A’ and ‘B’ agree that ‘A’ shall pay Rs. 20000 for which ‘B’ shall deliver either rice or heroin. The contract is:

1. void as to delivery of heroin and valid as to delivery of rice.

2. void

3. voidable

4. valid

Correct Answer: 1

40. An invention under the Patent in India can be protected for a term of –

1. 20 years

2. 50 years

3. 10 years

4. 25 years

Correct Answer: 1

41. In which of the following case, the Supreme Court of India held that “if a Hindu husband converts into Islam and marries again, he will be guilty of bigamy”?

1. Revanasiddappa v. Mallikarjun AIR 2011 SC (Supp) 155

2. Bhaurao Shanker Lokhande v. State of Maharashtra AIR 1965 SC 1564

3. Sarla Mudgal v. Union of India AIR 1995 SC 1531

4. Bharatha Matha v. R. Vijaya Renganathan AIR 2020 SC 2685

Correct Answer: 3

42. ‘A’ dies leaving behind a son X and a married daughter Y, a suit filed by ‘A’, can be continued by:

1. ‘X’ alone as legal representative

2. ‘Y’ alone as legal representative

3. ‘X’, ‘Y’ and the husband of Y as legal representatives

4. ‘X’ and ‘Y’ both, as legal representatives

Correct Answer: 4

43. Which one of the following essentials for seeking claim of patent is wrong?

1. Compulsory Licensing

2. Non-obviousness

3. Novelty

4. Industrial Utility

Correct Answer: 1

44. The liability to pay compensation, of an enterprise carrying on an inherently dangerous and hazardous activity, on death of a worker due to leakage of lethal gas is based on the principle of:

1. fault liability

2. negligence

3. absolute liability

4. wrongful intention

Correct Answer: 3

45. Which body of the United Nations requested International Court of Justice to give an advisory opinion on the issue of legality of use or threat to use nuclear weapons on 15 December 1994?

1. U.N. General Assembly

2. Security Council

3. Economic and Social Council

4. W.H.O

Correct Answer: 1

46. Which element is not required in the tort of defamation?

1. Wrongful intention

2. Defamatory statement

3. Referring to the Plaintiff

4. Publication

Correct Answer: 1

47. For fixing vicarious liability of master in tort for the wrongs committed by servant, master servant relationship is determined on the basis of:

1. employment

2. payment of wages

3. conditions of service

4. Control of master over servant’s acts

Correct Answer: 4

48. Under the Indian Contract Act, 1872 a finder of goods is subject to the same duties as a:

1. custodian

2. owner

3. bailee

4. trustee

Correct Answer: 3

49. Which one of the following is not an essential element of the defence of fair comment in tort of defamation?

1. The comment must be an assertion of fact.

2. The comment must be fair

3. The matter commented on must be of public interest

4. The comment must not be malicious

Correct Answer: 1

50. ‘A’ and ‘B’ jointly owe Rs. 100/- to ‘C’. ‘A’ alone pays the whole amount to ‘C’ and ‘’ not knowing this fact also pays Rs. 100/- to ‘C’:

1. ‘C’ is bound to repay Rs. 100/- to ‘B’.

2. ‘C’ is not bound to repay Rs. 100/- to either ‘A’ or ‘B’ because ‘B’ paid on his own.

3. ‘C’ is bound to pay Rs. 50/- to ‘B’.

4. ‘C’ is bound to pay Rs. 100/- each to ‘A’ and ‘B’.

Correct Answer: 1

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