Legal Reasoning & Aptitude Flashcards

Which Article of the Indian Constitution deals with equality before law?

Answer: Article 14

Article 14 of the Indian Constitution is a fundamental right that guarantees equality before the law and equal protection of the laws within the territory of India. It states that the State shall not deny to any person these rights, ensuring that all individuals are treated equally under the law, without discrimination. This article forms a cornerstone of India's democratic and secular framework.

What is 'Mens Rea' in criminal law?

Answer: Guilty mind

Mens Rea refers to the mental state of the accused at the time of committing a crime. It signifies the "guilty mind" or criminal intent, such as knowledge, recklessness, or negligence, which is a crucial element alongside the physical act (actus reus) for establishing criminal liability in most offenses. Without a guilty mind, a person may not be held criminally responsible, even if their actions caused harm.

Which one is a source of law in India?

Answer: Statutes

Statutes are written laws enacted by the legislature, such as the Parliament or State Assemblies, and are a primary and authoritative source of law in India. Other significant sources include the Constitution, judicial precedents (case law), and customs. Newspapers and fiction are not recognized as formal sources of law.

Doctrine of 'Stare Decisis' means:

Answer: Following precedent

The doctrine of 'Stare Decisis' is a fundamental principle in common law systems, including India, meaning "to stand by things decided." It mandates that courts should adhere to previous judicial decisions (precedents) when dealing with similar cases. This ensures consistency, predictability, and fairness in the application of law, promoting judicial efficiency and public confidence.

In tort law, 'negligence' is defined as:

Answer: Lack of due care

In tort law, negligence is defined as the failure to exercise the degree of care that a reasonably prudent person would have exercised in similar circumstances. It involves a breach of a duty of care owed to another, resulting in harm, without necessarily requiring intentional malice. This lack of due care distinguishes it from intentional torts.

What is a contract?

Answer: Legal agreement

A contract is a legally binding agreement between two or more parties that creates mutual obligations enforceable by law. It typically involves an offer, acceptance, consideration, and an intention to create legal relations. While a promise can be part of a contract, a contract itself is a formal legal agreement with specific elements.

Which case established basic structure doctrine in India?

Answer: Kesavananda Bharati v State of Kerala

The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) established the "Basic Structure Doctrine" of the Indian Constitution. This doctrine holds that while Parliament has the power to amend the Constitution, it cannot alter its fundamental or basic features. This ruling significantly limited the amending power of the Parliament and strengthened judicial review.

In law, 'Ultra Vires' means:

Answer: Beyond powers

The term 'Ultra Vires' is Latin for "beyond powers." In law, it refers to an act that requires legal authority but is performed without it, or exceeds the scope of the authority granted. Such an act is generally considered invalid or void, particularly when applied to actions by corporations, government bodies, or statutory authorities.

What is the purpose of legal reasoning in CLAT?

Answer: Apply law to facts

The primary purpose of legal reasoning in CLAT (Common Law Admission Test) is to assess a candidate's ability to understand legal principles and apply them logically to given factual scenarios. It tests critical thinking and analytical skills, rather than mere memorization of laws or case names. This skill is crucial for effective legal practice, where lawyers must analyze facts and apply relevant legal rules to advise clients or argue cases.