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Questions and Answers
Which article of the Indian Constitution ensures equality before law?
Which of the following is not a characteristic of Directive Principles of State Policy (DPSP)?
Which fundamental right was removed from the Indian Constitution by the 44th Amendment Act in 1978?
What is the primary objective of the Directive Principles of State Policy in India?
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Which articles in the Indian Constitution pertain to the Right to Freedom of Religion?
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Which of the following principles can be directly enforced in a court of law?
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Which of the following is a role of the Fundamental Rights in the Indian Constitution?
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Which article provides for the Right to Life and Personal Liberty?
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What is the primary distinction between tort law and criminal law?
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Which of the following is NOT one of the fundamental duties outlined for citizens in India?
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In the context of strict liability, which of the following is NOT an exception?
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According to the definitions provided, what is a key feature of a tort?
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How do tort damages differ from breach of contract damages?
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What is the main principle established in the case of Ryland vs. Fletcher?
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What does 'right in rem' refer to in tort law?
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Which of the following best describes the nature of damages in tort law?
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What does the term 'negligence' signify in a legal context?
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Which of the following is NOT an essential element of negligence?
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What is the main distinction between liquidated and unliquidated damages?
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Which type of defamation includes written or published statements?
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Which of the following must be true for a statement to qualify as defamation?
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Which defense against defamation is based on the truth of the statement?
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What type of contract is considered legally binding?
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Which of the following is recognized as a defensible act against defamatory statements made by government officials?
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What is the significance of the term 'Sovereign' in the context of the Indian Constitution?
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Which of these statements best describes the Preamble of the Indian Constitution?
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Which part of the Indian Constitution replaced the Government of India Act, 1935?
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What does the term 'Secular' imply in the context of the Indian Constitution?
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How many Articles are there in the Indian Constitution?
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What is a key characteristic of a 'Democratic' state as defined in the Indian Constitution?
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What does the Preamble ensure for the citizens of India?
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What does the term 'appendices' refer to in the context of the Indian Constitution?
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Study Notes
Fundamental Duties
- There are 11 fundamental duties in India.
- These duties should be observed by all citizens.
- Examples: Respect national flag and anthem, follow the ideals of the freedom struggle, protect the country's sovereignty and integrity, develop the spirit of common brotherhood, preserve cultural heritage, and develop scientific temper.
- Parents/guardians have a duty to send children aged 6-14 to school.
Tort Law
- Tort is a civil wrong independent of contract that results in harm to another.
- It comes from the Latin word "tortum" meaning "wrong."
- The principle "Ubi Jus Ibi Remedicin" states that for every wrong, there is a remedy.
Difference Between Tort and Crime
- Tort focuses on rights in rem (rights that are generally applicable to all), while crime focuses on rights in personam (rights applicable to specific individuals).
- Tort involves less serious actions affecting individuals, while crime involves more serious actions affecting society.
- Tort falls under private law, while crime falls under criminal law.
- Intention is generally irrelevant in tort, but relevant in crime.
- Tort cases result in damages/compensation, while crime results in punishment.
Difference between Tort and Breach of Contract
- Tort involves a right in rem (unliquidated damages) and duty fixed by law.
- Breach of contract involves a right in personam (liquidated damages) and duty fixed by the parties.
Strict Liability
- Strict liability holds an individual responsible for damages even without intent or negligence.
- Five exceptions exist: Act of God, wrongful act of a stranger, plaintiff's own fault, common benefit, and statutory authority.
Rylands vs. Fletcher
- This case established the principle of strict liability.
- It states that anyone who brings something dangerous onto their land is liable for any damage caused by its escape, even if they were not negligent.
Indian Constitution
- The Indian Constitution is the supreme law of the land.
- It was adopted on November 26, 1949, and came into effect on January 26, 1950.
- The Constitution replaced the Government of India Act, 1935.
Parts of the Constitution
- The Indian Constitution is the largest in the world.
- It is composed of a preamble, 470 articles divided into 25 parts, 12 schedules, and 5 appendices.
Preamble
- The preamble outlines the fundamental values and objectives of the Indian State.
- It emphasizes justice, liberty, equality, fraternity, and sovereignty.
- It declares India to be a sovereign, socialist, secular, democratic republic.
Definition Clause
- Sovereignty: The state has supreme authority, and it is not subject to any external power.
- Secular: The state is neutral in matters of religion and treats all citizens equally regardless of their faith.
- Democratic: The people have the supreme power, exercising it directly or indirectly through representative institutions.
Fundamental Rights
- Fundamental rights are enshrined in Part III of the Indian Constitution.
- They are essential rights that protect individuals from state interference and ensure equality and freedom.
- They are divided into six categories:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32-35)
- Right to Property was a fundamental right under Article 31 but was removed by the 44th amendment in 1978. It is now considered a constitutional right under Article 300(a).
Important Features of Fundamental Rights
- Guarantee and protection of fundamental rights.
- Upholding principles of justice, equality, and freedom.
- Serving as the foundation for democracy and justice in India.
Article 14
- Equality before law: Everyone, including citizens and non-citizens, is treated equally under the law.
- Equal protection of laws: The laws apply equally to all individuals, irrespective of their status or background.
Article 21
- Right to life and personal liberty: No one can be deprived of their life or personal liberty except according to the procedure established by law.
Directive Principles of State Policy (DPSP)
- DPSPs aim to achieve social and economic democracy in India.
- They guide the State in formulating policies and laws for the welfare of the people.
- They are inspired by the Irish Constitution.
Important Characteristics of DPSP:
- DPSPs are non-justifiable, meaning courts cannot enforce them directly.
- It is the State's duty to apply them in policymaking.
- DPSPs promote socio-economic rights.
- They serve as guidelines for future legislation.
Legal Provisions of DPSP
- Articles 36-51 of the Indian Constitution deal with DPSP.
- Examples include:
- Free legal aid for the poor and weaker sections of society.
- Prohibition of child labor.
- Prohibition of trafficking in human beings and begging.
- Promotion of international peace and security.
- Promotion of harmony and brotherhood among Indians.
Differences between Fundamental Rights (FR) and DPSP
- FRs are enforceable in courts, while DPSPs are not.
- FRs protect individual rights, while DPSPs guide the State's actions.
Negligence
- Negligence means carelessness or failure to exercise the standard of care a reasonable person would.
Essentials of Negligence
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty.
- The plaintiff suffered damage as a result of the breach.
Liquidated Damages and Unliquidated Damages
- Liquidated damages are pre-determined amounts of compensation agreed upon by the parties in a contract.
- Unliquidated damages are not pre-determined and are decided by the court based on the specific circumstances of the case.
Defamation
- Defamation is a tort that involves making false and defamatory statements that harm someone's reputation.
- It can be divided into libel (written defamation) and slander (spoken defamation).
Essentials of Defamation
- The statement must be made (either verbally or in writing).
- The statement must refer to the plaintiff.
- The statement must be defamatory, meaning it must lower the plaintiff's reputation in the eyes of others.
- The statement must be false.
- The statement must cause injury to the plaintiff's reputation.
Defenses Against Defamation
- Justification by truth: The statement is true.
- Fair and bona fide comment: The statement is an honest opinion on a matter of public interest.
- Absolute privilege: This applies to certain situations where a statement is made in a legally protected context, such as judicial proceedings or parliamentary speeches.
Contracts
- A contract is a legally binding agreement between two or more parties.
- It creates rights and obligations for each party.
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Description
Test your knowledge on the fundamental duties of Indian citizens as well as key concepts in tort law. This quiz covers the 11 duties, the nature of torts, and the distinction between torts and crimes. Evaluate your understanding of these important legal principles!
