Free Mock Paper: CLAT 2023

Common law is to large extent based on case law.’ Case law’ consists of rules and principles stated and acted upon by judges in giving decisions. Some branches of the common law are based on statutes and others are entirely the product of the decisions of the judges whose reasoned judgements have been reported over the years in various law reports.

With the advent of the British rule and the consequent reception of common law into the Indian legal system significant developments have followed with regard to use and the theory of the precedent in India. The two factors, which have significantly contributed to the emergence of a viable doctrine of judicial precedent in India are the organisation of courts in hierarchical structure and the emergence of authentic law reports.

According to Blacks Law Dictionary, a precedent is a decided case that furnishes a basis for determining later cases involving similar facts or issues. If we place ourselves in the position of a judge in a later case, there may be said to be many different kinds of precedents.

A judge may simply be obliged to consider the former decision as part of the material on which his present decision could be based, or he may be obliged to decide the case before him in the same way as that in which previous case was decided unless he can give a good reason for not doing so. Finally, the judge in the subsequent case may be obliged to decide it in the same way as that in which the previous case was decided, even if he can give a good reason for not doing so.

In the last-mentioned situation the precedent is said to be ‘binding’ or of ‘coercive effect as contrasted with its merely ‘persuasive’ effect in the other situations in which the degree of persuasiveness may vary considerably.

Only that precedent is binding on a court which is on all fours with the case before it. If the facts in both cases are the same, the decision is said to be ‘on authority’. If the facts of the case are different and the judge merely acts on the analogy of a previous rule, he expounds a new principle of law and his decision is said to be ‘on principle’.

There are two methods of judicial decisions: deductive and inductive. In the case of deductive method, the general legal rule is already fixed and certain and the same is applied in individual cases by judges. The latter are not required to use their own brains. Their function is merely to apply the law which is clearly laid down in the same way as a
student of geometry uses the axioms.

In the case of inductive method, the judge has to start from a particular case and come to general principle of law. The process is from particular to the general. According to Allen, in one method, antecedent decisions are helpful only as illustrations of a general propositions; in the other way they are the very soil from which the general propositions must be mined.-

-an excerpt from ‘Cases and Materials on Legal Method’ by Prof. Dr. K.N. Chandrasekharan Pillai and Jacob Joseph.

a. a case law
b. b case law as well as statutes
c. c law reports and statutes
d. d law reports and case law

a. When the former decision is a part of the material on which the present decision
could be based.
b. When the case must be decided in the same way as that in which the previous case
was decided unless he can give a good reason for not doing so.
c. When a case must be decided in the same way as that in which the previous case
was decided, even if he can give a just reason for the contrary decision.
d. Both b) and c)

a. When the former decision is a part of the material on which the present decision
could be based.
b. When the case must be decided in the same way as that in which the previous case
was decided unless he can give a good reason for not doing so.
c. When a case must be decided in the same way as that in which the previous case
was decided, even if he can give a just reason for the contrary decision
d. Both a) and b).

a. Decision on authority and decision on equity
b. Decision on reason and decision on equity
c. Decision on authority and decision on principle
d. none of the above

a. Inductive method of judicial decision
b. deductive method of judicial decision
c. both a) and b)
d. None of the above

a. The nature or effect of both cases are the same
b. The facts of both cases are the same
c. The judgement in both cases are the same
d. All of the above

7. When the analogy of a previous rule forms the basis for a decision in a coercive
application of a precedent, it is called-

a. Decision on authority
b. Decision on principle
c. neither a) or b)
d. Persuasive decision

a. Discover
b. Interpret
c. Exposit
d. Both b and c

a. Inductive method of judicial decision
b. deductive method of judicial decision
c. decision on authority
d. decision on principle

a. Decline
b. Onset
c. Flourishing
d. None of the above

a. Pratibha Patil
b. Ram Nath Kovind
c. Pranab Mukherjee
d. A.P.J Abdul Kalam

a. Parliament
b. President
c. Supreme Court and High Courts
d. All of the above.

a. Surat
b. Bhopal
c. Mysore
d. Indore

14. Who is the incumbent speaker of Lok Sabha?

a. Sumitra Mahajan
b. Om Birla
c. Meira Kumar
d. Virendra Kumar Khatik

a. SARS
b. MERS
c. Both a and b
d. Neither a and b

16. Which state was formed along with Maharashtra, as a result of the Bombay
Reorganization Act, which came into effect on May 1, 1960?

a. Madhya Pradesh
b. Gujarat
c. Goa
d. Karnataka

Data given below shows the number of people traveling in three types of vehicles (car, bus and train) from three cities (X, Y and Z) on a particular day. 32% of travelers of city X travel by car. Out of the remaining 25% travel by bus and remaining by train. Number of persons who travel by car from city Y is 25% more than the persons travelling by car from city X. Ratio of no. of persons who travel by train from city X to that from city Y is 3 : 4.

Total number of persons who travel from city Y is 40% more than that of city X.
Number of people who travel by car from city Z is 24% of the number of people who travel by bus and train together from city Y. Total number of persons who travel from city Z is 62.5% of persons who travel from city X. Number of people who travel from city X by bus and train together is 472 more than no. of people who travel from city Z by bus and train together.

a. 128
b. 256
c. 384
d. None of the above.

a. 520
b. 560
c. 600
d. None of the above.

a. 20%
b. 33.33%
c. 50%
d. None of the above.

a. 280
b. 336
c. 300
d. None of the above.

a. 460
b. 486
c. 512
d. None of the above.

a. 7:27:50 hours
b. 7:27:45 hours
c. 7:27:30 hours
d. 7:28:00 hours

a. 320
b. 160
c. 80
d. 200

There are two grandfathers and two grandmothers in a family of 21. There are six couples each having at least one child. The grandparents have 9 grandchildren altogether, among them three are Anne, Jerry and Ravi. Their father and mother are a doctorand teacher respectively. The Doctor has a sister who is an Electrician.

The Teacher has two brothers, one Lawyer and a singer. Among the 9 grandchildren there are 5 granddaughters and 4 grandsons. The mother of two granddaughters among the five is the Electrician whose husband is not in the party. The father of two grandsons among the four is a Lawyer, whose wife is a dentist.

a. 1
b. 2
c. 3
d. 4

a. 3
b. 4
c. 5
d. 6

a. Two sons
b. Two daughters
c. One daughter and a son
d. No children

a. 1
b. 2
c. 3
d. 4

a. 3
b. 4
c. 5
d. 6.

In a family, there are six members- A, B, C, D, E and F. A and B are a married couple, A being a male member. D is the only son of C, who is the brother of A. E is the sister of D. B is the daughter-in-law of F, whose husband has died.

29. How F has related to A?

a. Mother
b. Sister-in-law
c. Sister
d. Mother-in-law

a. Daughter
b. Aunt
c. Cousin
d. Sister

a. Brother
b. Brother-in-law
c. Son-in-law
d. Nephew

a. Two
b. Three
c. Four
d. Five

Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft. A person who, without lawful excuse, damages any property belonging to another, intending to damage any such property shall be guilty of causing criminal damage. Damage means any impairment of the value of a property.

Here’s an excerpt that is to be studied after understanding the above statement; Sushma, an old lady of 85 years, used to live with her granddaughter Naina. Sushma was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it became quite difficult to clean her room. After she died, Naina hired a cleaner, Rajesh, to clean the room and throw away any rubbish that may be there. There was a pile of old newspapers which Sushma had stacked in a corner of her room. Rajesh asked Naina if he should clear away the pile of old newspapers, to which she said yes. Rajesh took the pile to the municipality rubbish dump.

While Rajesh was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Naina probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old masterpiece and worth twenty thousand rupees.

Before mounting the painting, Rajesh pasted it on a plain sheet of paper so that it does not tear anymore. By doing so, he made its professional restoration very difficult and thereby reduced its value by half. Rajesh’s neighbour Reena, discovered that the painting belonged to Naina. With the motive of returning the painting to Naina, Reena climbed through an open window into Rajesh’s room when he was away one afternoon and removed the painting.

33. Has Rajesh committed theft?

a. Yes, Rajesh has committed theft of the newspapers and the painting.
b. No, Rajesh has not committed theft because he had Naina’s consent.
c. Yes, Rajesh has committed theft of the painting, but not of the newspapers.
d. No, Rajesh has not committed theft because he has not moved the painting out of Sushma’s possession.

a. No, Rajesh is riot guilty of criminal damage as he did not intentionally impair the value of the painting.
b. Yes, Rajesh is guilty of criminal damage as he intentionally stuck the paper on to the
painting.
c. No Rajesh is not guilty of criminal damage as he does not have the painting in his possession anymore.
d. No, Rajesh is not guilty as he has not destroyed the painting.

a. Where the petitioner is at fault
b. Where both parties to a dispute are equally at fault
c. Where the judge is at fault
d. Where the lawyer is at fault

36. Lex loci means:

a. Law of the place
b. Italian laws
c. Domestic laws
d. Latin regulations

A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.

In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation. However, in the case of a minor for whom, a guardian has been appointed or declared before the age of 18 years, the age of majority will be 21 years, not 18

Rahul convinces Gunjan, a girl aged 18 that she would sell her land to him. Gunjan’s mother Priya is her guardian. Nonetheless Gunjan, without the permission of Priya, sells the land to Rahul for total sum of rupees fifty lakh, paid in full and final settlement of the price, Priya challenges this transaction claiming the Gunjan is a minor and hence the possession of the land shall not be given to Rahul. Rahul is in a difficult situation and has no idea how to recover his money from Gunjan.

a. Gunjan is of unsound mind and is not in a position to make rational decisions.
b. Though Gunjan is eighteen-year-old, she will be treated as a minor, as Priya is her guardian.
c. Though Gunjan is eighteen-year-old, she cannot sell the land without the permission of her mother.
d. Though Gunjan is eighteen-year-old she should not be treated like a person who has attained the age.

a. Gunjan has attained the age of majority.
b. Gunjan is mature enough to make rational decisions regarding her own affairs
c. The sale transaction was beneficial to her interest and will enhance her financial status.
d. None of the above.

a. Rahul should be allowed to recover the money because even though there is no contract, Gunjan and Priya should not be allowed to unjustly benefit from Rahul’s money
b. Rahul should be allowed the possession of the land because Priya can always decide to approve the transaction between Rahul and Gunjan.
c. Rahul should not be allowed to recover because he induced Gunjan, a minor, to sell the land.
d. None of the above.

a. If Rahul is allowed to recover the money, that will defeat the law framed for protecting the minors against fraudulent persons.
b. If Rahul is not allowed to recover that will cause him injustice as he has not paid off the entire sale price.
c. If Rahul is allowed to recover, Priya will benefit from both the money and the land.
d. None of the above.

1. b
2. c
3. d
4. c
5. a
6. a
7. b
8. d
9. b
10. b
11. c
12. c
13. d
14. b
15. d
16. b
17-21
Let the total no. of travelers for city X = 100x.
No. of persons travelling by car from city X = 32x.
No. of persons travelling by bus from city X = 68x × (1 / 4) = 17x.
No. of persons travelling by train from city X = 68x × (3 / 4) = 51x.
No. of persons travelling by car from city Y = 32x × (125 / 100) = 40x.
No. of people travelling by train from city Y = 51x × (4 / 3) = 68x.
Total no. of travelers from city Y = 100x × (140 / 100) = 140x.
No. of people travelling by bus from city Y = 140x – 68x – 40x = 32x.
No. of persons who travel by car from city Z = (68x + 32x) × (24 / 100) = 24x.
Total number of people who travel from city Z = 100x × (62.5 / 100) = 62.5x.
Total no. of people who travel by bus and train together from city Z = 62.5x – 24x = 38.5x.

X Y Z

Car 32x 40x 24x
Bus 17x 32x 38.5x
Train 51x 68x 38.5x
Total 100x 140x 62.5x

According to the last statement, 17x + 51x – 38.5x = 472.
So, 29.5x = 472. Thus, x = 16.

X Y Z
Car 512 640 384
Bus 272 512 616
Train 816 1088 616
Total 1600 2240 1000

17. (a) 128
Required number of cars = (512 / 4) = 128.
18. (d) None of the above.
Required difference = 2240 – 1600 = 640.
19. (b) 33.33%
Required percentage = [(1088 – 816) / 816] × 100 = (272 / 816) × 100 = 33.33%
20. (b) 336
Let the number of people who travel by bus from city Z = x.
According to the question, x + 1.2x = 616. So, x = 280.
Required value = 1.2x = 1.2(280) = 336.

21. (c) 512, Required average = [(512 + 640 + 384) / 3] = (1536 / 3) = 512
22. b
23. b
24. b
25. b
26. c
27. b
28. d
29. a
30. a
31. b
32. b
33. c
34. a
35. b
36. a
37. b
38. a
39. c
40. a