CLAT PG 2024 Question Paper with Answer Key PDF Set B is available for download. The exam was conducted by the Consortium of NLUs on December 3, 2023. Candidates were required to answer a total of 120 objective-type questions carrying 1 mark each covering two major sections: Constitutional Law and Other Law Subjects.

CLAT PG 2024 Question Paper with Answer Key PDF Set B

CLAT PG 2024 Question Paper with Answer Key PDF Set B Download PDF Check Solutions

CLAT PG 2024 Questions with Solution

Q.No. Question Correct Answer Solution
1 The Settlement Commission, on an application for settlement of a case by the assessee, can grant immunity from prosecution. Which of the following is correct?
(A) The immunity from prosecution can be granted by the Settlement Commission only when the income disclosed by the Assessee to the Settlement Commission has not been discovered by the assessing officer before the disclosure by the assessee.
(B) The immunity from prosecution can be granted by the Settlement Commission even if the Assessee has not cooperated with the Settlement Commission.
(C) Immunity from prosecution can be granted only if the assessee makes before the Settlement Commission full and true disclosure of his income, the way income was derived, additional amount of tax payable on such income and other particulars.
(D) The immunity from prosecution can be granted by the Settlement Commission for offences under the Income Tax Act as well as offences under the IPC post 2007.
(C) Immunity from prosecution by the Settlement Commission requires the assessee to make a full and true disclosure of income, tax payable, and other relevant details.
2 Chapter XIX-A, sections 245A-245M dealing with Settlement of Cases was inserted in the Income Tax Act, 1961 by which of the following amendment Act?
(A) Taxation Laws (Amendment) Act, 1975.
(B) Taxation Laws (Amendment) Act, 1987.
(C) Taxation Laws (Amendment) Act, 2001.
(D) Taxation Laws (Amendment) Act, 2014.
(A) Chapter XIX-A, which introduced sections 245A-245M on the settlement of cases, was added by the Taxation Laws (Amendment) Act, 1975.
3 Consider the following statements:
I. The High Courts and Supreme Court while exercising powers under Articles 32, 226 or 136 of the Constitution of India, as the case may be, should not interfere with an order of the Settlement Commission except on the ground that the order contravenes provisions of the Act or has caused prejudice to the opposite party.
II. The High Courts and Supreme Court while exercising powers under Articles 32, 226 or 136 of the Constitution of India, as the case may be, may interfere with an order of the Settlement Commission on the grounds of fraud, bias or malice.
III. The Settlement Commission provided quick and easy remedy to the assessee allowing him to make full and true disclosure and therefore avoid the prosecution and appeals. Thus, the order of the Settlement Commission cannot be questioned by the Supreme Court or the High Court on any ground.
Choose the correct answer from the Code given below.
(A) All are true.
(B) Only III is true.
(C) I and II are true.
(D) II and III are true.
(C) Statements I and II are correct. The High Courts and Supreme Court may intervene with orders of the Settlement Commission only on specific grounds like contravention of the Act, fraud, or bias. Statement III is incorrect as judicial review is not entirely barred.
4 Consider the given statements:
I. An immunity granted to a person from prosecution shall stand withdrawn if such person fails to pay any sum specified in the settlement order.
II. Settlement Commission cannot grant immunity from prosecution where the proceedings for the prosecution have been instituted before the date of receipt of the application under section 245C.
III. An immunity from prosecution once granted by the Settlement Commission cannot be withdrawn under any circumstances.
Choose the correct answer from the Code given below.
(A) Only I is true.
(B) I and II are true but III is not true.
(C) II and III are true.
(D) All are true.
(B) Statements I and II are correct. Immunity can be withdrawn if specified conditions are not met, and immunity cannot be granted if prosecution proceedings were instituted before the application. Statement III is incorrect.
5 Choose the most appropriate answer from the following:
(A) When a person has made an application for settlement of a case before the Settlement Commission and the same has been allowed, such person shall not be allowed to make subsequent application for settlement in future cases.
(B) When a person has made an application for settlement of a case before the Settlement Commission and the same has been allowed, any company in which such person holds more than fifty per cent of the shares shall not be allowed to make subsequent application for settlement in future cases.
(C) When a person has made an application for settlement of a case before the Settlement Commission and the same has been allowed, there is no bar on such person or any related person of such person from making subsequent applications for settlement in future cases.
(D) Both (A) and (B).
(D) Both statements (A) and (B) are correct, as they reflect the restrictions on further applications for settlement after one has already been allowed for a person and any company in which they hold a controlling interest.
6 A person may be liable in respect of wrongful acts or omissions of another in the following ways:
(A) As having ratified or authorised the particular acts.
(B) As standing towards the other person in a relation entailing responsibility for wrongs done by that person.
(C) As having abetted the tortious acts committed by others.
(D) All the above.
(D) A person can be held liable for another’s wrongful acts if they have ratified, abetted, or bear a legal responsibility due to their relationship with the wrongdoer.
7 In order to succeed in fixing vicarious liability on the master (defendant), the plaintiff has to establish:
(A) That the relationship of master and servant subsisted between the defendant and the actual wrongdoer.
(B) That the wrongful act was done by the actual wrongdoer whilst he was engaged in the course of employment of the defendant.
(C) Both (A) and (B).
(D) None of the above.
(C) For vicarious liability, it must be shown that the wrongdoer was a servant of the defendant and acted within the scope of employment.
8 In India, which of the following enactments govern(s) the liability of the State for the tortious acts of its servants?
(A) The Crown Proceedings Act, 1947.
(B) The Federal Tort Claims Act, 1946.
(C) Both (A) and (B).
(D) Neither (A) nor (B).
(D) India does not have a direct equivalent of the Crown Proceedings Act or the Federal Tort Claims Act to govern State liability for torts.
9 In which of the following cases, the Supreme Court of India dealt extensively with the concept of ‘constitutional tort’?
(A) Shyam Sunder v. State of Rajasthan, AIR 1964 SC 890.
(B) Common Cause (A Registered Society) v. Union of India, (2018) 5 SCC 1.
(C) Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association, (2011) 14 SCC 481.
(D) All the above.
(C) The case of Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association is a significant Supreme Court case where the concept of constitutional tort was extensively addressed.
10 Whether a statement by a Minister, inconsistent with the rights of a citizen under Part-III of the Constitution, constitutes a violation of such constitutional rights and is actionable as a ‘constitutional tort’:
(A) Yes, every statement made by a Minister, inconsistent with the rights of a citizen under Part-III of the Constitution, will constitute a violation of the constitutional rights and becomes actionable as a constitutional tort.
(B) Yes, if as a consequence of such a statement, any act of omission or commission is done by the officers resulting in harm or loss to a person/citizen, then the same may be actionable as a constitutional tort.
(C) No, in no case a statement by a Minister is actionable as a constitutional tort.
(D) No, because it will hamper the functioning of the government and ministers.
(B) A minister’s statement may lead to a constitutional tort if it causes an action or omission by officials that harms a citizen.
11 Negligence, as a tort, is said to have been committed when the following is/are established:
(A) The existence of a duty to take care, which is owed by the defendant to the complainant; and that there is a failure to attain that standard of care, as prescribed by the law, thereby committing a breach of such duty.
(B) Damage, which is both causally connected with such breach and recognised by the law, has been suffered by the complainant.
(C) Both (A) and (B).
(D) None of the above.
(C) Negligence requires establishing a duty of care, a breach of that duty, and damages causally connected to the breach suffered by the complainant.
12 Which of the following propositions is incorrect as regards negligence?
(A) The test for determining medical negligence, as laid down in Bolam case [Bolam v Friern Hospital Management Committee, (1957) 1 WLR 582], holds good in its applicability in India.
(B) The jurisprudential concept of negligence is the same in civil and criminal law, and anything that may be negligence in civil law is necessarily a negligence in criminal law.
(C) A professional may be held liable for negligence, and the standard to be applied for judging whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession.
(D) It is not possible for every professional to possess the highest level of expertise or skills, which is not the test in negligence; a highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on incident of negligence.
(B) Negligence in civil law does not automatically imply negligence in criminal law, as the standards and consequences differ.
13 Which of the following propositions is correct as regards the liability of medical practitioners:
(A) Medical practitioners are immune from a claim for damages on the ground of negligence, as they belong to the medical profession.
(B) Medical practitioners are immune from a claim for damages on the ground of negligence, as they are governed by the National Medical Commission Act, 2019.
(C) Medical practitioners are immune from a claim for damages on the ground of negligence, as the Ethics and Medical Registration Board has the power to regulate professional conduct and practice of medical practitioners.
(D) Medical practitioners, though belonging to the medical profession, are not immune from a claim for damages on the ground of negligence.
(D) Medical practitioners can be held liable for negligence if they fail to meet the standard of care expected in their profession.
14 Which of the following is a seminal judgment on medical negligence in India?
(A) M.C. Mehta v. Union of India, AIR 1987 SC 1086.
(B) Municipal Corporation of Delhi v. Subhila Devi, AIR 1999 SC 1299.
(C) Jacob Mathew v. State of Punjab, (2005) 6 SCC 1.
(D) All the above.
(C) Jacob Mathew v. State of Punjab is a landmark case in India regarding the liability of medical professionals for negligence.
15 Now, a large number of private hospitals, nursing homes and clinics have emerged. In view of the good reputation they have built, patients go there for treatment in large numbers. These hospitals provide the medical treatment to those patients through doctors employed by those hospitals, though there on some arrangement. These hospitals hold out to the public that the treatment would be given by doctors provided to those patients by all such doctors. In such cases, if the patient suffers injury due to negligence of the doctors, then:
(A) The hospitals would be equally liable for damages, on the principles of vicarious liability as they have held out the doctors as their employees, and those hospitals cannot show off their responsibility and liability to pay compensation for the damages suffered by the patients due to negligence of the doctors provided by these very hospitals.
(B) The hospitals would not at all be held liable for damages.
(C) The hospitals would not at all be held liable for damages; but the doctors could not show off their liability for negligence.
(D) Neither the hospitals nor the doctors are held liable, as no one can guarantee the desired results in medical treatment.
(A) Hospitals are vicariously liable for the negligence of doctors they employ or present as their employees, as they are responsible for the care provided to patients.
16 ‘SA/GPA/WILL’ transfers for the transfer of immovable property lead to:
(A) Enabling large scale evasion of income tax, wealth tax, stamp duty and registration fees, thereby, denying the benefit of such revenue to the government and the public.
(B) Enabling persons with undisclosed wealth/income to invest their black money and also earn profit/income, thereby, encouraging circulation of black money and corruption.
(C) Both (A) and (B).
(D) None of the above.
(C) The use of SA/GPA/WILL transfers can lead to tax evasion and facilitate the investment of black money, as they avoid formal registration and disclosure processes.
17 Which of the following is an incorrect proposition?
(A) A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property.
(B) The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of the grantor, which when executed will be binding on the grantor as if done by him.
(C) A will is a posthumous disposition of the estate of the testator directing distribution of his estate upon his death.
(D) A will is a transfer inter vivos.
(D) A will is not a transfer inter vivos (during the lifetime of the person); it takes effect only after the death of the testator.
18 Which of the following is a correct proposition as regards an agreement to sell an immovable property?
(A) An agreement to sell does not, of itself, create any interest in or charge on such property.
(B) An agreement to sell does create an interest in or charge on such property.
(C) An agreement to sell, with possession, is a conveyance.
(D) An agreement to sell, whether with possession or without possession, is a conveyance.
(A) An agreement to sell an immovable property does not transfer ownership or create any interest in the property until a sale deed is executed.
19 In relation to the sale of immovable property, in Suraj Lamp Industries (P) Ltd v. State of Haryana, the Court held that as per the Transfer of Property Act, 1882:
(A) Transactions in the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do convey legal title in the immovable property.
(B) Transactions in the nature of GPA sales are legally and lawfully transferred/conveyed only by a registered deed of conveyance.
(C) The Court was in favour of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ as also recognised modes of transfer of immovable property.
(D) The Court ruled ‘GPA sales’ or ‘SA/GPA/WILL transfers’ as completed or concluded transfers of ownership in immovable property.
(B) The Supreme Court ruled in Suraj Lamp Industries (P) Ltd v. State of Haryana that GPA sales do not transfer legal ownership and that only a registered deed can transfer title in immovable property.
20 Property registration by certain types of documents ensures:
(A) Orderliness, discipline and public notice in regard to transactions relating to immovable property and prevention of fraud and forgery of documents of title.
(B) The process of verification and certification of title easier and simpler.
(C) Both (A) and (B).
(D) None of the above.
(C) Property registration serves multiple purposes, including providing public notice of ownership and preventing fraud, which streamlines the verification process.
21 Which of the following expresses the distinction between a ‘mortgage by conditional sale’ and a ‘sale with a condition of repurchase’?
(A) In a mortgage, the debt subsists and a right to redeem remains with the debtor; but, a sale with a condition of repurchase is not a lending and borrowing arrangement.
(B) In a mortgage by conditional sale, generally the amount of consideration is far below the value of the property in the market; but, in a sale with a condition of repurchase, the amount of consideration is generally equal to or close to the value of the property.
(C) Both (A) and (B).
(D) None of the above.
(C) The main distinction is that a mortgage by conditional sale allows for redemption by the mortgagor, indicating a debt relationship, while a sale with a repurchase condition is an outright sale agreement with repurchase terms.
22 Which of the following judgements outline(s) the distinction between ‘mortgage by conditional sale’ and a ‘sale with a condition of repurchase’?
(A) Chennammal v. Munimalaiyan, AIR 2005 SC 4397.
(B) Tulsi v. Chandrika Prasad, (2006) 8 SCC 322.
(C) Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243.
(D) All the above.
(D) All listed judgments have addressed the legal distinctions between a mortgage by conditional sale and a sale with a condition of repurchase, clarifying the legal implications.
23 The proper remedy for the mortgagee in a ‘mortgage by conditional sale’ is:
(A) To institute a suit for foreclosure.
(B) To institute a suit for sale.
(C) Both (A) and (B).
(D) Neither (A) nor (B).
(A) In a mortgage by conditional sale, the mortgagee’s remedy is typically to foreclose the mortgage, terminating the mortgagor’s right to redeem the property.
24 A mortgage is the transfer of an interest in immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.
(A) Specific or unspecific
(B) Specific
(C) Identified or unidentified
(D) All the above.
(B) A mortgage involves the transfer of an interest in specific immoveable property as collateral for a debt or obligation.
25 The limitation period for filing a suit by a mortgagor to redeem or recover possession of immovable property mortgaged is:
(A) Three years
(B) Twelve years
(C) Twenty years
(D) Thirty years
(D) The limitation period for a mortgagor to file a suit to redeem or recover possession of mortgaged property is thirty years, as per the Limitation Act, 1963.
26 What recourse does a divorcee have according to the Muslim Women Act, 1986, if her ex-husband neglects to meet specific obligations mandated by the law?
(A) File the petition in the concerned District Court.
(B) Seek mediation from a Sharia Court.
(C) Approach the Magistrate with an application.
(D) Take the matter to a Family Court.
(C) Under the Muslim Women Act, 1986, if an ex-husband fails to fulfill his obligations, the divorcee may approach the Magistrate for relief through an application.
27 What factors are considered when determining the reasonable and fair provision and maintenance for a Muslim divorcee as outlined in the Muslim Women Act, 1986?
(A) The divorced woman’s financial needs including her future needs and her children, till she gets remarried.
(B) The lifestyle the divorced woman enjoyed during her marriage, her anticipated future requirements, and the financial capability of her ex-husband.
(C) The financial status of the divorced woman’s ex-husband and his parents to determine the fair provision.
(D) The employment status, educational qualifications, and earning potential of the divorced woman, coupled with the husband’s financial capability.
(B) The Muslim Women Act considers the previous lifestyle, future needs, and ex-husband’s financial situation to determine reasonable and fair maintenance.
28 What does the term “provision” in Section 3 of the Muslim Women Act, 1986, imply?
(A) Retrospective financial support to be provided to the divorced wife.
(B) Provision made for her future till she is qualified to earn on her own.
(C) Provision for meeting all her future needs.
(D) Provision for her future until she is qualified to earn or get married.
(C) The term “provision” in Section 3 of the Muslim Women Act implies that the husband is obligated to make financial arrangements that will cover all future needs of the divorced wife, ensuring her well-being after the divorce.
29 According to the interpretation in the case of Daniel Latifi, how long does the obligation of the Muslim husband to provide a reasonable and fair provision and maintenance extend?
(A) Until the divorced woman finds new employment or means to sustain herself.
(B) During the iddat period only if she is not able to maintain herself or she is not remarried.
(C) For the whole life of the divorced wife, unless she remarries.
(D) Until the divorced woman’s parents or children cannot provide support to her.
(C) The Daniel Latifi case interpreted the Muslim Women Act to mean that the ex-husband’s obligation for fair and reasonable provision extends throughout the divorcee’s life unless she remarries.
30 What preparatory arrangements is the Muslim husband required to make, according to the interpretation of Section 3 of the Muslim Act, 1986?
(A) Financial investments for the divorced woman to protect her future.
(B) Provision for the divorcee woman and her children.
(C) Retrospective provision of housing and necessities.
(D) Contemplation of future needs and arrangements in advance.
(D) Under Section 3, the Muslim husband is required to make arrangements considering the future needs of the divorced wife, ensuring she has adequate provisions post-divorce.
31 What does the Supreme Court consider as the worst form of cruelty in matrimonial law, based on the provided para?
(A) Allegations which lack evidence and affect the reputation of a spouse.
(B) Allegations which could cause mental strain and agony.
(C) Unsubstantiated allegations of unchastity and extra-marital relationships.
(D) Wrong allegations made with an intention statement or suggested in the course of examination.
(C) The Supreme Court has held that baseless allegations of unchastity and extra-marital relationships constitute the worst form of cruelty in matrimonial disputes, as they severely harm the reputation and dignity of the spouse.
32 In the case of Nagendra v. K. Meena, the Supreme Court of India concluded that:
(A) Unsubstantiated allegations of an extra-marital affair with the maid by the wife are evidence of character of the wife and hence divorce can be granted.
(B) Baseless and unsubstantiated allegations of an extra-marital affair with the maid by the wife cannot be accepted and can be considered as cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
(C) Lack of evidence of an extra-marital affair with the maid is inconclusive.
(D) The husband’s actions are irrelevant in determining cruelty. When there is a complete lack of evidence to suggest an affair, a decree of divorce can be granted.
(B) In Nagendra v. K. Meena, the Court held that baseless accusations regarding extra-marital affairs constitute cruelty and can be grounds for divorce.
33 In the case of Jayachandra v. Aneel Kaur, what action is considered as cruelty against the respondent/husband?
(A) Any serious allegation, which cannot be proved with evidence.
(B) Any unsubstantiated allegations, which cannot be considered as a ground for divorce under the Hindu Marriage Act, 1955.
(C) Physical or mental violence, which can be considered as cruelty under the Hindu Marriage Act, 1955.
(D) Allegations of the unproved extra-marital affair.
(D) In Jayachandra v. Aneel Kaur, allegations of an unproven extra-marital affair were considered as cruelty, adversely impacting the dignity and peace of the spouse.
34 Based on the above passage, give the reason why the Supreme Court in the mentioned para concluded that the appellant/wife treated the respondent/husband with cruelty?
(A) Her actions before the court fit within the meaning of cruelty under Section 13(1)(ia) of the HMA, 1955.
(B) It is a settled position of law that unsubstantiated serious allegations amount to cruelty.
(C) Under the reformulated concept of cruelty in matrimonial law, not only physical violence but causing mental agony is a matrimonial offence.
(D) There is a lack of evidence for the allegations made by the wife.
(B) The Court found that making unsubstantiated allegations of infidelity constitutes cruelty, aligning with established legal principles under matrimonial law.
35 According to the Supreme Court’s observations in the provided para, what did the court emphasize regarding the quality of allegations related to unchastity and extra-marital relationships?
(A) False allegations of infidelity and extra-marital relationships are a ground for divorce.
(B) They are strong factors in determining cruelty.
(C) These should only be considered if proven beyond a reasonable doubt.
(D) The spouse must be aware of it proven beyond a reasonable doubt.
(B) The Court has underscored that baseless allegations regarding unchastity or extra-marital affairs are significant factors in establishing cruelty under matrimonial law.
36 A workman shall be deemed to have rendered continuous service of one year under the Industrial Disputes Act, if:
(A) Workman has worked under the same employer for not less than 120 days.
(B) Workman has worked under the same employer for not less than 180 days.
(C) Workman has worked under the same employer for not less than 240 days.
(D) Workman has worked under the same employer for not less than 300 days.
(C) According to the Industrial Disputes Act, a workman is considered to have continuous service of one year if they have worked not less than 240 days under the same employer.
37 Consider the given statements.
I. Onus to prove continuous service for the prescribed number of days lies on the workman.
II. The period of continuous service need not be in the same service or same type of service.
III. Worked for not less than the prescribed period does not include paid holidays.
Choose the correct answer from the code given below:
(A) I and II are correct, III is incorrect.
(B) II and III are correct, I is incorrect.
(C) I is correct, II and III are incorrect.
(D) Only I is correct, II and III are incorrect.
(A) Statement I and II are correct as they align with the interpretation of continuous service. Statement III is incorrect because prescribed period calculations may include paid holidays in some contexts.
38 Section 25N is applicable to which of the following industrial establishment(s)?
(A) Industrial establishment where not less than 50 workmen were employed on an average per working day for the preceding twelve months.
(B) Industrial establishment of a seasonal character.
(C) Industrial establishment where not less than 100 workmen were employed on an average per working day for the preceding twelve months.
(D) Both (B) and (C).
(C) Section 25N applies to industrial establishments where at least 100 workmen were employed on an average per working day for the preceding twelve months.
39 What are the conditions for refusal of application of retrenchment by the appropriate government under section 25(3)?
(A) The workmen and the employer must be given a reasonable opportunity of being heard.
(B) The reasons for retrenchment must be genuine and adequate.
(C) The reasons for refusing the permission must be recorded in writing.
(D) All of the above.
(D) All listed conditions are necessary for the refusal of retrenchment applications under Section 25(3), ensuring transparency and fairness.
40 Consider the given statements.
I. Application for closure shall be deemed to have been granted if the appropriate government does not communicate the order granting or refusing permission within 30 days from the date of the application.
II. Section 25-O makes it mandatory for the employer, who intends to close down an undertaking, to apply for prior permission at least ninety days before the date on which the intended closure is to become effective, setting out the reasons for the intended closure and to simultaneously serve a copy of such application on the representatives of the workmen in the prescribed manner.
III. Section 25-O is not applicable to an undertaking engaged in the construction of buildings, bridges, roads, canals, dams or for other construction work.
Choose the correct answer from the code given below:
(A) I and II are correct, III is incorrect.
(B) II and III are correct, I is incorrect.
(C) I is correct, II and III are incorrect.
(D) Only I is correct, II and III are incorrect.
(B) Statements II and III are correct. Section 25-O requires employers to apply for prior permission at least ninety days before closure, and it does not apply to construction-related undertakings. Statement I is incorrect because there is no provision deeming the application granted if the government does not respond within 30 days.
41 Which perspective argues that the law should enforce moral values and prohibit actions considered immoral by society?
(A) Legal neutrality
(B) Legal positivism
(C) Legal moralism
(D) Legal realism
(C) Legal moralism advocates that laws should reflect societal moral standards and restrict actions deemed immoral.
42 What is one criticism of legal moralism?
(A) It infringes on individual autonomy and diversity of thought.
(B) It promotes individual and social order.
(C) It allows for a more pluralistic society.
(D) It maintains legal neutrality.
(A) A key criticism of legal moralism is that it can infringe on individual autonomy and restrict diverse viewpoints within society.
43 According to legal moralism, what is the law’s primary role?
(A) To protect individual rights and maintain social order.
(B) To impose moral values.
(C) To maintain legal neutrality.
(D) To enforce specific cultural practices.
(B) Legal moralism posits that the primary role of law is to impose and uphold societal moral standards.
44 What is the central tenet of legal neutrality?
(A) The law should remain morally neutral.
(B) The law should enforce moral values.
(C) The law should prioritize individual rights over morality.
(D) The law should regulate all aspects of individual behavior.
(A) Legal neutrality maintains that the law should avoid enforcing specific moral values and remain impartial to various moral beliefs.
45 What moral dilemma is raised by the principle of legal neutrality?
(A) Whether the law should impose moral values on individuals.
(B) Whether the law should prioritize individual rights over morality.
(C) Whether it is morally justifiable to tolerate certain morally repugnant actions in the name of freedom and neutrality.
(D) Whether the law should suppress individual autonomy.
(C) The principle of legal neutrality raises the question of whether it is acceptable to allow morally offensive behaviors in society to preserve freedom and neutrality.
46 What is the primary focus of legal positivism in determining the validity of law?
(A) Moral and ethical considerations.
(B) The source from which the law originates.
(C) The conformity of the law to social norms.
(D) The principles of natural law.
(B) Legal positivism focuses on the source of law, emphasizing that the validity of a law is based on its origin within a recognized legal system, rather than moral or ethical considerations.
47 What is the role of the rule of recognition in legal positivism?
(A) It governs human behavior.
(B) It dictates how laws should be created.
(C) It identifies the authoritative source of law within a legal system.
(D) It evaluates the morality of laws.
(C) The rule of recognition in legal positivism serves to identify the authoritative sources of law within a legal system, ensuring that laws are recognized and followed.
48 What is a criticism of legal positivism?
(A) It risks legitimizing immoral or unjust laws if they are enacted through proper procedures.
(B) It is too focused on moral and ethical principles.
(C) It rejects the idea of man-made laws.
(D) It emphasizes natural law theory.
(A) A common criticism of legal positivism is that it may legitimize laws that are morally questionable if they meet procedural standards, as it separates law from morality.
49 In natural law theory, what is considered to transcend man-made laws?
(A) The rule of recognition
(B) Moral or ethical principles
(C) The rule of adjudication
(D) Secondary rules
(B) Natural law theory posits that moral or ethical principles transcend human-made laws, suggesting that there are inherent standards of justice that laws should reflect.
50 What fundamental question does the debate between legal positivism and natural law theory raise?
(A) Whether the law is entirely based on moral principles.
(B) How to determine the source of law.
(C) Whether the validity of law is determined by its source or by moral and ethical principles.
(D) How to change primary rules within a legal system.
(C) The debate between legal positivism and natural law theory centers on whether law’s validity stems from its source or its alignment with moral principles.