AILET Legal Aptitude and Legal Reasoning Flashcards

24 sample cards from the Legal Aptitude and Legal Reasoning deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Define 'mens rea' and name its common forms.

   Mens rea is the guilty mental state required for a crime. Forms include intention, knowledge, recklessness, and negligence.

2. What is the difference between culpable homicide and murder under Indian criminal law?

   Culpable homicide is causing death with intention/knowledge; murder is culpable homicide with a higher degree of intention/knowledge meeting specific conditions. Every murder is culpable homicide, but not every culpable homicide is murder (murder is the aggravated form).

3. What is the General Exception of 'private defence' (self-defence) in criminal law?

   A person has the right to defend his own body and property, and that of others, against unlawful aggression, using reasonable and proportionate force; it is a complete defence to acts done in genuine private defence.

4. Explain the defences of 'mistake of fact' versus 'mistake of law'.

   A bona fide mistake of fact (believing in good faith one is bound/justified to act) is a valid defence; mistake of law is generally NOT a defence (ignorantia juris non excusat — ignorance of law is no excuse).

5. What is the defence of insanity (unsoundness of mind) in criminal law, based on the McNaughten rule?

   An act is not an offence if, at the time of doing it, the person by reason of unsoundness of mind was incapable of knowing the nature of the act or that it was wrong or contrary to law.

6. Explain criminal liability based on age (infancy/doli incapax).

   A child below 7 years (doli incapax) can never be held criminally liable; a child between 7 and 12 is exempt only if found to lack sufficient maturity to understand the nature and consequences of the act.

7. What constitutes the offence of 'theft' and how does it differ from 'extortion'?

   Theft is dishonestly taking movable property out of another's possession without consent. Extortion is dishonestly inducing a person, by putting him in fear of injury, to deliver property or valuable security — i.e., delivery is obtained by fear/consent, whereas theft involves taking without consent.

8. Distinguish 'robbery' from 'dacoity'.

   Robbery is theft or extortion accompanied by (or attempted with) force/fear of instant harm. Dacoity is robbery committed by five or more persons acting together (conjointly).

9. What is the difference between 'criminal breach of trust' and 'cheating'?

   Criminal breach of trust involves dishonest misappropriation of property already entrusted to the accused. Cheating involves deceiving a person from the outset to fraudulently induce delivery of property or to do/omit an act causing harm.

10. Which Fundamental Rights are guaranteed under Articles 14, 19 and 21 of the Indian Constitution?

    Article 14 — Right to Equality before law and equal protection of laws; Article 19 — six freedoms (speech & expression, assembly, association, movement, residence, profession); Article 21 — Right to Life and Personal Liberty.

11. Name the six categories of Fundamental Rights under the Indian Constitution (Part III).

    Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23-24), Right to Freedom of Religion (25-28), Cultural and Educational Rights (29-30), and Right to Constitutional Remedies (32).

12. Why did Dr. B.R. Ambedkar call Article 32 the 'heart and soul' of the Constitution?

    Article 32 guarantees the Right to Constitutional Remedies — the right to move the Supreme Court for enforcement of Fundamental Rights through writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).

13. Match the five constitutional writs to their purpose: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

    Habeas Corpus — produce an unlawfully detained person; Mandamus — command a public authority to perform its duty; Prohibition — stop a lower court from exceeding jurisdiction; Certiorari — quash an order of a lower court/tribunal; Quo Warranto — question a person's authority to hold a public office.

14. Are Fundamental Duties (Article 51A) legally enforceable, and how many are there?

    Fundamental Duties are NOT legally enforceable by courts (no penalty for breach); there are 11 Fundamental Duties under Article 51A (originally 10, added by the 42nd Amendment; the 11th added by the 86th Amendment).

15. Define the legal maxims: 'Ubi jus ibi remedium' and 'Audi alteram partem'.

    Ubi jus ibi remedium — where there is a right, there is a remedy. Audi alteram partem — hear the other side; no one should be condemned unheard (a principle of natural justice).

16. Define the legal maxims: 'Nemo judex in causa sua' and 'Res judicata'.

    Nemo judex in causa sua — no one should be a judge in his own cause (rule against bias). Res judicata — a matter already finally decided by a competent court cannot be litigated again between the same parties.

17. Define the legal maxims: 'Volenti non fit injuria' and 'Ignorantia juris non excusat'.

    Volenti non fit injuria — to one who consents, no injury is done (consent is a defence in tort). Ignorantia juris non excusat — ignorance of the law is no excuse.

18. Define the terms 'bailment', 'pledge', and 'indemnity'.

    Bailment — delivery of goods by one person to another for a purpose, to be returned/disposed when accomplished. Pledge — bailment of goods as security for a debt. Indemnity — a contract where one party promises to save the other from loss caused by the conduct of the promisor or any other person.

19. Define the terms 'ratio decidendi' and 'obiter dicta'.

    Ratio decidendi — the binding legal principle/reason on which a case is decided (it forms precedent). Obiter dicta — observations or remarks made by a judge that are not essential to the decision (persuasive, not binding).

20. What did Kesavananda Bharati v. State of Kerala (1973) establish?

    It established the 'Basic Structure Doctrine' — Parliament can amend the Constitution under Article 368 but cannot alter or destroy its basic structure/essential features.

21. What is the significance of Maneka Gandhi v. Union of India (1978)?

    It expanded Article 21 — 'procedure established by law' must be just, fair and reasonable (not arbitrary), and linked Articles 14, 19 and 21 (the 'golden triangle'), giving 'personal liberty' a wide meaning.

22. What did A.K. Gopalan v. State of Madras and its later overruling signify in constitutional law?

    A.K. Gopalan (1950) read Fundamental Rights as isolated/separate; this narrow view was overruled in Maneka Gandhi (1978), which held the rights under Articles 14, 19 and 21 are interrelated and must be read together.

23. What landmark right did Justice K.S. Puttaswamy v. Union of India (2017) recognise?

    It recognised the Right to Privacy as a Fundamental Right intrinsic to the Right to Life and Personal Liberty under Article 21 (and Part III).

24. What was decided in Vishaka v. State of Rajasthan (1997)?

    The Supreme Court laid down the Vishaka Guidelines to prevent and redress sexual harassment of women at the workplace, later codified in the POSH Act, 2013.

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