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Legal Reasoning Flashcards

7 cards from real LNAT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. A newspaper publishes a true but embarrassing story about a private individual. The individual sues for defamation. What is the publisher's strongest defense?

    Answer: Justification (truth)

    Truth (justification) is a complete defense to defamation because a true statement cannot, by definition, be defamatory.

  2. Which of the following best describes the difference between civil and criminal law?

    Answer: Civil law resolves disputes between parties; criminal law punishes offenses against society

    Civil law settles private disputes and seeks remedies like damages; criminal law addresses wrongs against the state and may impose punishment.

  3. An employer dismisses an employee without following any disciplinary procedure. Under employment law, this is most likely:

    Answer: Both wrongful and unfair dismissal

    Skipping procedure can render a dismissal both procedurally unfair (statutory) and wrongful (breach of contractual notice terms).

  4. In the law of negligence, which element is satisfied when a reasonable person would have foreseen harm from the defendant's conduct?

    Answer: Duty of care

    Duty of care is established (in part) by the Caparo test's requirement that harm be reasonably foreseeable.

  5. A bill passes through both Houses of Parliament but the monarch refuses to grant Royal Assent. What is the constitutional effect?

    Answer: The bill fails to become an Act

    Royal Assent is constitutionally required for a bill to become law; while refusal would be a constitutional crisis, its legal effect is that the bill fails.

  6. The rule in Rylands v Fletcher imposes liability for:

    Answer: Strict liability for escape of a thing likely to do mischief

    Rylands v Fletcher establishes strict (no-fault) liability when a non-natural use of land causes a dangerous thing to escape and cause damage.

  7. Which of the following is an example of a statutory instrument?

    Answer: Delegated legislation made by a minister under an enabling Act

    Statutory instruments are a form of delegated legislation made by ministers using powers granted by a parent (enabling) Act.