2012 CLAT LLM Question Paper
2012 CLAT LLM Question Paper
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CLAT LLM 2012 Offical Question Paper is given below for Postgraduate Course.
PART-A
1. The first session of the Lok Sabha was held in the year-
(A) 1952
(B) 1962
(C) 1950
(D) 1956
5. As per Article l9 (1) (a) of the Constitution of India, all citizens shall have the right-
6. As per which provision of the Constitution of India, shall it be the duty of every citizen of India to
abide by, the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem?
(A) Art 20
(B) Art 28
(C) Art 30
(D) Art 32
11. If a Member of Parliament remains absent without notice for 60 days then –
14. As per Art.75 (3) of the Constitution of India, the Council of Ministers shall be Collectively
responsible to
(A) the House of the People
(B) the Council of States
(C) the President
(D) the Vice-President
15. Who is authorized to decide a dispute regarding the disqualification of members of Parliament
?
16. Freedom of speech for members of Parliament has been specificall y provided for under which
Article of the Constitution of India?
(A) Art 105 (B) Art l9
(C) Art l9 (7) (D) Art 104
18. A candidate for the office of the President of India must be proposed by –
20. The Vice-President can be removed from his office before expiry of his term by the –
(A) President
(B) Members of the Council of States and agreed by the House of the People
(C) Member of the Rajya Sabha
(D) The Supreme Court
22. Lord Cornwallis introduced the ‘Cornwallis Code’ in 1973. What is the true effect of this code?
(A) The Collector was to collect the Revenue
(B) The magisterial powers for the collection of revenue were taken away
(C) The court fees was abolished
(D) All the above
24. The Indian Constitution has borrowed the idea of the Preamble to the Constitution from the-
25. Which one of the following aimed at providing a federal structure for India?
26. ‘Lex iniusta non est lex has which of the following meanings?
27. Cicero’s conception of natural law is based on the idea that ‘true law is right reason in
agreement with Nature.’ Reason is a key element because:
(A) Without peace everyone has a right to everything including another’s life
(B) Peace is possible only after war
(C) Law cannot achieve peace
(D) Social contract cannot be entered into unless there is peace
29. Which statement is close to characterizing the principal difference between the positions
adopted by Hobbes and Locke?
(A) They adopt different attitudes towards the role of the courts in maintaining order
(B) They disagree about the role of law in society
(C) They have opposing views about the nature of contractual obligations
(D) They differ in respect of their account of life before the social contract
31. Which of the factors below contributed significantly to the revival of natural law in 20th
century?
32. On what grounds does John Finnis reject Hume’s conception of practical reason?
33. Which of the following most accurately describes Hart’s response to Fuller’s argument
concerning the invalidity of Nazi law?
(A) The Nazi law in question was validly enacted
(B) The court misunderstood the legislation
(C) Fuller misconstrued the purpose of the law
(D) The Nazi rule of recognition was unclear
34. Which of the following statements best captures the nature of Fuller’s ‘inner morality of law?
35. Which proposition below may be characterized as the most powerful refutation of Lord Devlin’s
argument by Hart?
(A) Societ y has no right to preserve its moral and social cohesion through the criminal law
(B)Homosexual acts cause public outrage
(C) The courts are the best place to resolve moral questions such as those concerning
homosexuality and prostitution
(D) The law is anachronistic
36. The United States Supreme Court’s decision in Roe v. Wade is highly controversial because:
37. Which statement best describes the relationship between law and morality among non-
positivist legal theorists?
38. Which statement below is the least consistent with the argument that judges in an unjust legal
system ought to resign?
(A) Judges are under a duty to act justly
(B) Since they also prop up the unjust system, lawyers should also resign
(C) If a moral judge resigns; he or she may be replaced by a less moral judge
(D) Judges do not make the law hence they cannot be held responsible for applying unjust
legislation
39. As per Hohfeld’s scheme of ‘jural relations’ which of the following are not Jural Correlatives –
40. The Will Theory of Rights maintains that the enforcement of Y’s duty requires the exercise of
will by X. It assumes the correlativity of rights and duties. Which of the following succeeds in
formulating the interest theory without this correlativity?
41. Which of the following is the strongest argument against ethical relativism’s hostility to human
rights?
(A) Utilitarianism
(B) Communitarianism
(C) Cognitivism
(D) Positivism
42. Who defined jurisprudence as “the knowledge of things divine and human, the science of just
and unjust”?
(A) Salmond
(B) Ulpian
(C) John Austin
(D) Holland
43. Which proposition below is the most inconsistent with Mill’s statement that any suppression of
speech is an assumption of infallibility and that only by the unrestricted circulation of ideas can the
truth be discovered?
44. Which proposition below is the most powerful refutation of Bentham’s felicific calculus?
45. Posner’s economic anal ysis of law is roundly attacked by Dworkin who says that the theory
‘has not achieved the beginning of a beginning.’ What is the basis of this criticism?
(A) Posner’s approach fails to offer a means by which to calculate individual prosperity
(B) It neglects the importance of individual choice
(C) It regards wealth as a value, which it is not
(D) The theory is economically unsound
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
48. Anything is said to have been done dishonestly if it has been done with intention to I cause
wrongful loss to any person or wrongful gain to any person. II cause injury to any Person.
Which of the choices given above is/are correct?
(A) I only,
(B) II onl y
(C) Both I and II
(D) Neither I nor II
The general defenses provided under General Exceptions in the Indian Penal Code (IPC) can be
pleaded
50. Which of the following is/are the essential elements to be proved for prosecuting a public
servant for criminal misappropriation?
I Custody
II Entrustment
Select the correct answer from the options given below:
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
51. Whether articles supplied to the ‘necessaries’ as required under Sec.68 of the Indian
Contract Act, 1872 is-
52. ‘Y’ enters into a bet with ‘Z’, ‘Y’ promises that he will pay Rs. 50.000/- to, ‘Z’ if Australia defeats
India in a one day international being played at Delhi. ‘Z’ in turn promises to pay Rs. 50.000/- to ‘Y’ if
India defeats Australia. India defeats Australia and ‘Z’ instead of paying the amount to ‘Y’ executes
a promissory note in favour of ‘Y’, promising that he will pay money on or before a specified date.
No witness attests the promissory note. The promissory note is not registered, ‘Z’ fails to pay
within the stipulated time. On the basis of the above mentioned facts, which one of the following is
the correct answer as per the Indian law?
(A) The promissory note has no validity in the eye of law because it is not attested
(B) The promissory note has no validity in the eye of law because it is not registered
(C)The promissory note has no validity in the eye of law because it is for debt due on wagering
contract
(D) The promissory note has no validity in the eye of law because betting should involve only cash
transactions
53. Which one of the following statements is correct with regard to a contract for sale of
immovable property?
54. Choose the most appropriate answer to complete the statement- Doctrine of frustration comes
into play
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
56. Choose the most appropriate answer to complete the statement- When consent to an
agreement is caused by fraud, then in accordance with the Indian Contract Act, 1872
57. Where the tender of ‘performance is rejected by the other party I the promisor has to still
perform the contract but can claim damages.
II the promisor is excused from further performance and is entitled to sue the promisee for breach
of contract.
Which of the choices given above is/are correct?
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
58. As per Lord Mansfield quasi contractual obligations are based on which of the following
theories as explained by him in Moses v. Macferlan
59. Assertion (A): If X does work for Y without his request or knowledge, he can sue for the value of
his work.
Reason (R): Acquiescence can be presumed from silence
You are to examine the two statements above carefully and select the correct answer.
(A) Both A and R are individually true and R is the correct explanation of A
(B) Both A and R are individually true but R is not the correct explanation of A.
(C) A is true but R is false.
(D) A is false but R is true
(A) I only
(B) II onl y
(C) Both I and II
(D)Neither I nor II
62. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List I List II
Codes:
W X Y Z
(A) i iv iii ii
(B) ii iii iv i
(C) i iii iv ii
(D) ii iv iii i
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
(A) I only
(B) II onl y
(C) Both I and II
(D) Neither I nor II
66. X, a public servant is authorized by warrant from court of justice to apprehend Z. W knowing
that fact and also that Y is not Z. willfully represents to X that Y is Z and thereby intentionally
causes X to apprehend Y. As per the Indian Penal Code, 1860 how does W abet the apprehension
of Y?
(A) By instigation
(B) By conspiracy
(C) By aiding
(D) By supporting
(A) II only
(B) II and III
(C) I only
(D) III onl y
68. P instigates Q to cause the death of R, P gives a gun to Q to shoot R, Q shoots at R in the
presence of P causing R’s death.
Which one of the following statement is correct as per the provisions of the IPC?
69. What is the basic difference between an offence of abetment by conspiracy and the offence of
criminal conspiracy?
(A) In case of criminal conspiracy, mere agreement is enough whereas in case of abetment by
conspiracy an act should have taken place in pursuance of conspiracy
(B) There is no difference at all
(C) In case of criminal conspiracy, an act should also have taken place, but in case of abetment by
conspiracy, no act needs to have taken place
(D) In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal
conspiracy, agreement is essential
70. ‘X’ & ‘Y’ go to murder ‘Z’. ‘X’ stood on guard with a spear in hand but did not hit ‘Z’ at all. ‘Y’ killed
‘Z’. As per the IPC-
71. Five persons attempted to take away the wife of one of them from her brother’s home. In
scuffle with his brother-in-law, the husband shot him dead.
Which one of the following is correct, as per the provisions of IPC?
(A) All are liable for murder because they had common intention to commit murder
(B) All are not liable for murder because they had no common intention
(C) All are liable for murder because they had common object
(D) All are not liable for murder as they had no common object
72. What is the basic difference between Section 34 and Section 149 of IPC?
(A) Section 34 creates a principle of joint liability and does not create a specific offence.
Section 149 creates a specific offence
(B)Section 149 does not create a specific offence but Section 34 creates a specific offence
(C) Both create specific offences but the principle of joint liability is created only by Section 34
(D) Both create specific offences but the principle of joint liability is created only by Section 149
74. As per the IPC, in case of an offence punishable with fine only, imprisonment for non-payment
of fine
75. Section 73 of IPC provides for the maximum limit of solitary confinement to be
78. The maxim ‘actus non facit reum nisi mens sit rea’ means
(A) in India
(B) in England
(C) in lndia and England both
(D) neither in India nor in England
80. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal
liability by virtue of
(A) section 77 of IPC
(B) section 78 of IPC
(C) section 79 of IPC
(D) section 76 of IPC
84. The principle of privity of contract was held as not applicable in an action for tort in
(A) a willful act done without just cause or excuse, known as malice in law
(B) a willful act done with evil motive, known as malice in fact
(C) both (A) & (B)
(D) neither (A) nor (B)
(A) an offence
(B) is a civil wrong
(C) both (A) & (B)
(D) either (A) or (B)
(A) an offer
(B) an invitation to offer
(C) a counter offer
(D) a promise
93. As per the Indian Contract Act, 1872 if the time of performance of the contract is the essence
of the contract and the promisor fails to perform the contract by the specified time then
PART-B
Note:- This part contains ten short-answer questions which must be answered within the space
provided here, with Ball point pen only.
No extra sheet or blank paper would be supplied to any candidate for writing the short answers.
Critically comment upon the following using the space given there under. Do not exceed the space
limit or overwrite
4. Territorial Sea
7. Judicial Independence.
8. Dowry deaths.
9. Sovereign Immunity.