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UG-CLAT entrance exam Question Bank Solutions for Legal Reasoning

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

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

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

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

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The next three questions consist of two statements, one labeled as 'Assertion' (A) and other as 'Reason' (R). You are to examine these two statements carefully and select the correct answer.

Assertion (A): Austin’s concept of law is known as the imperative theory

Reason (R): Austin emphasized the commanding character of law.

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Affirmative action connotes:

I. Measures taken by the state to help the socially disadvantaged groups
II. Positive discrimination
III. Strict quotas for the socially and educationally backward class in school/college admissions and jobs. Which of the above mentioned is true?

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Identify the correct statement:

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Consider the following statements:

I. In a recent Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj subsidy

II. Muslims are not the only beneficiaries of the secular state’s generosity. Hindus have also received substantial financial support from the Government With reference to the statements mentioned above, which of the following is correct?

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Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

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Match schedule one and two and choose the appropriate answer.

  Schedule I   Schedule II
i. Concurrent list 1. Constitution of Japan
ii. Rule of Law 2. Constitution of Ireland
iii. Directive Principle of State Policy 3. British Constitution
iv. Procedure established by law 4. Constitution of Australia
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Which one of the following is not correct?

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The Right to Equality is guaranteed by

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Match schedule I and II and choose the appropriate answer.

  Schedule I   Schedule II
i. Republic 1. Head of the state is elected by the people
ii. Secular 2. State does not recognize any religion as religion of the state
iii. Democracy   3. The government which gets authority from the will of the people
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In which of the following cases can a Constitutional amendment be passed just by a simple majority in Parliament?

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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Factual Situation: In order to ensure that people live in an amicable atmosphere the Government of India decided to abolish courts and constituted Dispute Settlement Boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.

Legal Principles:

I. Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable.
II. Freedom to carry on trade or profession of one’s own choice is a fundamental right.
III. The Parliament is competent to impose reasonable restrictions on the exercise of this right.
IV. If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fundamental right then it will be construed as an unreasonable restriction. Decision:

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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal Principles: All minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice.

Factual Situation: 

Md. Yusuf wants to establish an educational institution to help the poor person of his community and to educate the children of the community. Yusuf is a very rich man has no problem regarding finance for the institution. Therefore he applies to the State Government to grant him permission to establish and administer the institution. State Government rejects his plea on the ground that said the institution will create communal tension in the proposed area. Yusuf has the following remedies: 

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: All citizens shall have the Fundamental Right to carry on any occupation, trade, or business. But reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.

Facts: A large number of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 years providing employment to about 30000 families. From these businesses ' places, untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice, therefore, was given to close this business to necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Whosoever commits any act forbidden by the Indian Penal Code with a view to obtaining the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person, whose consent has been so obtained may get the agreement enforced by law. The Indian Panel Code defines various offenses and prescribes punishments therefor.

Facts: A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Panel Code. A brings a case against B for a performance of agreement.

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licenses. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others.

Facts: An owner of the copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in Mumbai. A also enters into many such agreements with other distributors for distribution of his film in other cities.

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Words describing the quality of things cannot be registered as a trademark. However, such words may be registered as a trade mark, if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person-specific.

Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new-laid eggs sold here”, since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new-laid eggs” as a trademark in the year 1970.

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offense, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offense.

Facts: A intentionally omitted to give food to his father. He also used to beat his father. Consequently, A's father died.

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The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: When an act, which would otherwise be an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.

Facts: A, under the influence of madness, attempts to kill B. B in order to save his life causes grievous hurt to A.

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