• CLAT Reasoning Test - 3
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CLAT Reasoning Test - 3

Description: CLAT Reasoning Test-3
Number of Questions: 15
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Tags: CLAT Reasoning Test-3 Legal Reasoning
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Assertion (A): Custom is per se law, independent of its prior recognition by the sovereign or the judge. Reason (R): Custom is a source of law.

  1. Both (A) and (R) are true but (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true but (R) is false.

  4. (A) is false but (R) is true.

Show answer
Correct Option: A
Explanation:

Custom as a source of law, got recognition since the emergence of sovereignty on the horizon of jurisprudence. It is an exemption to the ordinary law of the land, and every custom is limited in its application.

Assertion (A): Nikah is a regular and permanent form of marriage among Muslims. Reason (R): Muta is contractual form of marriage and is most uncommon in India.

  1. Both (A) and (R) are correct.

  2. (A) is correct but (R) is false.

  3. (R) is correct but (A) is wrong.

  4. Neither (A) nor (R) is correct.

Show answer
Correct Option: A
Explanation:

Nikah, an Arabic word, literally means to collect and bind together. It is the first and most common form of marriage for Muslims. Muta marriage is a private contract, in a verbal or written format, in form of temporary marriage,wherein a woman marries a man according to an agreed upon pre-fixed amount of dowry and duration of time.

Assertion (A): According to John Austin, international law is true law and not negative international morality. Reason (R): Three elements in Austin’s definition of law, namely command of the Sovereign, duty of inferiors and sanction incase inferior who commit breach of the command are absent in international law.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true but (R) is false.

  4. (A) is false but (R) is true.

Show answer
Correct Option: B
Explanation:

Austin described International Law as positive international morality, consisting of opinion or sentiments current among nations generally. Austin said that Law is the command of sovereign. It imposes a duty and duty is backed by a sanction.

Assertion (A): A having a wife alive, marries another wife. The marriage is void. Reason (R): Monogamy is the Law.

  1. Both (A) and (R) are true.

  2. Both (A) and (R) are false.

  3. (A) is true but (R) is false.

  4. (A) is false but (R) is true.

Show answer
Correct Option: A
Explanation:

A performs marriage with another woman, is said to have committed bigamy. The marriage is void. The Law of one marriage where the first wife is alive is called monogamy.

Assertion (A): The principle of common intention applies when a criminal act is done by several persons in furtherance of that intention. Reason (R): An intentional cooperation for committing an offence culminated from several acts.

  1. (A) is true but (R) is not the reason.

  2. Both (A) and (R) are true and (R) is the reasonable explanation of (A).

  3. Both are distinctive offences and (A) is not dependent on (R).

  4. (A) is false but (R) is true.

Show answer
Correct Option: C
Explanation:

In the first statement intention is common of the several persons for committing a comon act. Whereas in second statement an intention is not common for acts.

Assertion (A): The right of private defence does not depend upon the actual criminality of the aggressor, but on the wrongful character of the act attempted.

Reason (R): Even if an act is treated as offence, the right of private defence arises against the author despite his personal incapacity.

  1. (A) is correct and (R) is the correct explanation of (A).

  2. (A) is correct, but (R) is not the correct explanation of (A).

  3. (A) is correct, but (R) is wrong.

  4. (A) is wrong, but (R) is correct.

Show answer
Correct Option: A
Explanation:

Both are true. The right of private defence does not depend upon the actual criminality of the aggressor, but on the wrongful character of the act attempted. Where an act is treated as an offence, the right of private defence arises against the author, despite his personal incapacity.

Assertion (A): Under Article-368, the parliament can amend any part of the constitution of India. Reason (R): The parliament is supreme legislative body elected by people of India.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: D
Explanation:

 Article-368, provides the procedure where the parliament can amend the constitution of India. The parliament is supreme legislative body elected by people of India.

Assertion (A): When an act is done dishonestly it does not require deception or concealment as its ingredient. Reason (R): Dishonesty requires an intention to cause wrongful loss or gain of property.

  1. (A) is true, but (R) is not the reason.

  2. Both (A) and (R) are true because (R) is the right reason of (A).

  3. Both (A) and (R) are distinctive offences.

  4. (A) is false, while (R) is true.

Show answer
Correct Option: B
Explanation:

Dishonestly in itself includes deception or concealment. Dishonestly means causing wrongful loss to one and wrongful loss to another.

Assertion (A): Indian constitution has not recognised the doctrine of separation of power in its absolute rigidity.

Reason (R): Doctrine of separation of power accommodates a system of checks and balances.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (R) is true, but (A) is false.

Show answer
Correct Option: A
Explanation:

The Indian Constitution has not indeed recognised the doctrine of separation of powering its absolute rigidity, but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently, it can very well be said that our constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another. In order to reduce the danger of misuse of political power, doctrine of separation of power suggested setting up several political institutions, which should complement and control each other, in a system of checks and balances.

Assertion (A): Harbouring includes supplying a person with shelter, food, money or conveyance. Reason (R): The supply must relate to evading apprehension.

  1. (A) is correct clarification but (R) is not the correct reason.

  2. (A) is not true while (R) is the correct explanation.

  3. Both (A) and (R) are correct proposition.

  4. Only in exceptional situation (R) is the reason of (A).

Show answer
Correct Option: C
Explanation:

Harbouring an offender mean evading an offender from arrest and providing food, shelter etc.

Assertion (A): The United Nations cannot perform peace keeping or peace making operations. Reason (R): United Nations has no army, navy or air force of its own.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: D
Explanation:

The United Nations can perform peace keeping or peace making operations. Its task is to maintain peace between the countries. United Nations has no army, navy or air force of its own.

Assertion (A): Recognition of a state is not the same as recognition of its government.

Reason (R): Within existing states, governments come and go and normally the changes raise no question of recognition.

  1. Both (A) and (R) are correct and (R) is the correct explanation of (A).

  2. Both (A) and (R) are correct, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: A
Explanation:

'The states do not maintain bilateral diplomatic relations' does not mean that they do not recognise or treat one another as states. A state is not required to accord formal bilateral recognition to any other state and some have a general policy of not doing so, considering that a vote for its membership of an international organisation is restricted to states.

Assertion (A): International convention is the most important source of law. Reason (R): International convention has generic wisdom.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: B
Explanation:

Treaties are defined as most important source of international law. International convention has generic wisdom.

Assertion (A): Ownership is not only a judicial concept, but also a social concept and an instrument of social policy. Reason (R): The right of alienation is not a necessary incident of ownership.

  1. Both (A) and (R) are true and (R) is correct explanation of (A).

  2. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: B
Explanation:

Ownership is not only a judicial concept, but also a social concept and an instrument of social policy. The right of alienation is not a necessary incident of ownership.

Assertion (A): When something of valuable nature is acquired by a partner in breach of his duty in good faith, it is taken to be acquired for the benefit of all the partners and has to be accounted for to the firm. Reason (R): Partnership is a trust.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true but (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.

Show answer
Correct Option: C
Explanation:

When something of valuable nature is acquired by a partner in breach of his duty in good faith, it is taken to be acquired for the benefit of all the partners and has to be accounted for to the firm. Partnership is not a trust. It is a contract.

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