CLAT Legal Reasoning Flashcards

24 sample cards from the Legal Reasoning deck

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

1. What is the doctrine of frustration / supervening impossibility (Section 56)?

   A contract to do an act that becomes impossible or unlawful after it is made, due to an event the promisor could not prevent, becomes void; performance is excused.

2. What is anticipatory breach of contract?

   When one party, before the time for performance, declares it will not perform or disables itself from performing; the other party may treat the contract as broken and sue immediately or wait until the due date.

3. State the rule in Hadley v. Baxendale on damages for breach.

   Damages recoverable are those arising naturally from the breach (ordinary damages) and those reasonably in the contemplation of both parties at the time of contracting (special damages from known special circumstances).

4. Distinguish liquidated damages from a penalty under Section 74.

   Liquidated damages are a genuine pre-estimate of loss agreed in the contract; a penalty is an excessive sum to compel performance. Indian law awards reasonable compensation not exceeding the stipulated sum, whether termed penalty or liquidated damages.

5. What are the two essential elements (general) of a crime?

   Actus reus (a guilty act/conduct) and mens rea (a guilty mind/intention), expressed in the maxim 'actus non facit reum nisi mens sit rea'.

6. What does the maxim 'actus non facit reum nisi mens sit rea' mean?

   An act does not make a person guilty unless the mind is also guilty — both a wrongful act and a guilty intention are generally required for criminal liability.

7. What are the four stages in the commission of a crime?

   1) Intention (mental resolve), 2) preparation, 3) attempt, and 4) accomplishment/commission. Generally only attempt and commission are punishable, not mere intention or preparation.

8. What is the general defence of private defence (self-defence) in criminal law?

   A person may use reasonable and proportionate force to protect his own or another's body or property from unlawful harm; the force must not exceed what is necessary, and the right does not extend to causing more harm than necessary.

9. What is the defence of mistake of fact versus mistake of law?

   Mistake of fact (acting in good faith believing oneself bound/justified) can be a valid defence; mistake of law is generally no defence ('ignorantia juris non excusat').

10. When is a child's act not an offence (infancy / doli incapax)?

    An act by a child below 7 years is no offence; a child between 7 and 12 is not liable if he has not attained sufficient maturity to understand the nature and consequences of his conduct.

11. Distinguish culpable homicide from murder.

    Culpable homicide is causing death with intention/knowledge of likelihood of death; murder is the aggravated form with higher degree of intention/knowledge. All murder is culpable homicide, but not all culpable homicide is murder.

12. Distinguish theft from extortion.

    Theft is dishonestly taking movable property out of another's possession without consent. Extortion is dishonestly inducing a person, by putting them in fear of injury, to deliver property — consent is obtained wrongfully through fear.

13. What is the difference between robbery and dacoity?

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

14. What are Fundamental Rights and where are they found in the Constitution?

    Justiciable rights guaranteed against the State, contained in Part III (Articles 12–35) of the Constitution of India; they are enforceable through the courts.

15. What does Article 21 of the Indian Constitution guarantee?

    No person shall be deprived of his life or personal liberty except according to procedure established by law — interpreted broadly to include the right to live with dignity, privacy, health, etc.

16. What are the six freedoms guaranteed under Article 19(1)?

    Freedom of (a) speech and expression, (b) assembly, (c) association, (d) movement, (e) residence, and (g) profession/occupation/trade/business — subject to reasonable restrictions.

17. What is the difference between Fundamental Rights and Directive Principles of State Policy?

    Fundamental Rights (Part III) are justiciable and enforceable in court; Directive Principles (Part IV, Arts 36–51) are non-justiciable guidelines for the State in governance and lawmaking.

18. What are the Fundamental Duties and where are they listed?

    Moral obligations of citizens listed in Article 51A (Part IVA), added by the 42nd Amendment (1976) on the Swaran Singh Committee's recommendation; they are non-justiciable.

19. What is the basic structure doctrine and which case established it?

    Parliament can amend the Constitution but cannot alter its 'basic structure' (e.g., supremacy of the Constitution, rule of law, judicial review, federalism); established in Kesavananda Bharati v. State of Kerala (1973).

20. Name the writs available under Articles 32 and 226 to enforce rights.

    Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

21. What is the doctrine of separation of powers in the Indian constitutional structure?

    State power is divided among three organs — Legislature (makes law), Executive (implements law), and Judiciary (interprets law) — with checks and balances; India follows it functionally, not rigidly.

22. In ethical/policy legal reasoning questions, what is the key approach?

    Identify the competing values or interests, weigh them on principled grounds (fairness, rights, consequences, justice) rather than personal opinion, and choose the conclusion best supported by the reasoning given in the passage.

23. What is the principle of natural justice, and name its two main rules?

    Fairness in decision-making; its two rules are 'nemo judex in causa sua' (no one should be a judge in his own cause — rule against bias) and 'audi alteram partem' (hear the other side — right to a fair hearing).

24. In rights-and-justice reasoning, distinguish 'rule of law' from 'rule by law'.

    Rule of law means everyone, including the State, is subject to and accountable under fair, equally-applied laws; rule by law means law is merely a tool used by those in power to govern, without guarantees of fairness or equality.

What this deck covers

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