MHCET 5-year LLB Constitutional Law Study Notes
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Questions and Answers

What is unique about the Indian Constitution?

  • It is the only constitution with no amendments
  • It is the lengthiest written constitution in the world (correct)
  • It is the oldest written constitution
  • It is the shortest written constitution

What is the purpose of the Directive Principles of State Policy?

  • To establish the structure of the Supreme Court
  • To guide the government in achieving social and economic welfare (correct)
  • To guarantee fundamental rights to citizens
  • To define crimes and prescribe punishments

What is the Indian Penal Code (IPC) related to?

  • Contract law and formation of contracts
  • Constitutional law and fundamental rights
  • Tort law and civil wrongs
  • Criminal law and definition of crimes (correct)

What is the essential element of a contract?

<p>Offer, acceptance, consideration, capacity, free consent, and lawful object (C)</p> Signup and view all the answers

What type of tort is product liability an example of?

<p>Strict liability tort (A)</p> Signup and view all the answers

What is the study of developmental stages of Indian legal system?

<p>Legal history (D)</p> Signup and view all the answers

What is the role of the Supreme Court in the Indian legal system?

<p>To protect fundamental rights of citizens (B)</p> Signup and view all the answers

What is the concept that prevents constitutional amendments from altering the basic structure of the Constitution?

<p>Basic Structure Doctrine (D)</p> Signup and view all the answers

What is the term for the guidelines that govern the behavior of lawyers?

<p>Legal ethics (C)</p> Signup and view all the answers

What is the term for the wrongful act that causes harm to individuals or property?

<p>Tort (A)</p> Signup and view all the answers

Flashcards

Indian Constitution

Lengthiest written constitution in the world; adopted on November 26, 1949, and enforced on January 26, 1950

Basic Structure Doctrine

Constitutional amendments cannot alter the fundamental structure of the Constitution

Fundamental Rights

Guaranteed rights to citizens, including equality, freedom, and protection against exploitation; religious, cultural, and educational rights, and remedies.

Directive Principles of State Policy

Guidelines for the government to achieve social and economic welfare, but not enforceable by law.

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Preamble

Introduces the Constitution's objectives, aiming for sovereignty, socialism, democracy, and fraternity.

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Indian Penal Code (IPC)

Comprehensive criminal code defining crimes and their punishments.

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General Exceptions

Defenses in criminal cases, like mistakes, child acts, insanity, or consent.

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Mens Rea

Criminal intent; guilty mind.

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Actus Reus

Guilty act; physical action needed for a crime.

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Essential Elements of a Contract

Offer, acceptance, consideration, capacity, free consent, and lawful object – needed for a valid contract.

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Valid Contract

Legally binding agreement.

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Breach of Contract

Violation of a contract, potentially leading to legal remedies.

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Law of Torts

Collection of civil wrongs, leading to harm to people or property.

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Intentional Torts

Civil wrongs with a deliberate intent to harm.

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Negligent Torts

Civil wrongs due to carelessness.

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Strict Liability Torts

Civil wrongs solely based on the act, regardless of intent.

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Criminal Liability

Responsibilities for criminal acts, considering mens rea and actus reus.

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Offer

Proposal for a contract.

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Acceptance

Acceptance of an offer.

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Consideration

An exchange of value needed to form a valid contract.

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Capacity

Having the legal ability to enter into a contract.

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Free Consent

Agreement in a contract without force, fraud or misrepresentation.

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Lawful Object

Purpose of the contract must be legal and valid.

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Study Notes

MHCET 5-year LLB Study Notes

Constitutional Law

  • Indian Constitution: Lengthiest written constitution in the world, adopted on November 26, 1949, and enforced on January 26, 1950
  • Basic Structure Doctrine: Constitutional amendments cannot alter the basic structure of the Constitution
  • Fundamental Rights: Guaranteed to all citizens, including right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies
  • Directive Principles of State Policy: Guidelines for the government to achieve social and economic welfare, but not enforceable by law
  • Preamble: Enshrines the objectives of the Constitution, including sovereignty, socialism, democracy, and fraternity

Criminal Law

  • Indian Penal Code (IPC): Comprehensive criminal code that defines crimes and prescribes punishments
  • General Exceptions: Defenses available to the accused, including mistake of fact, act of a child, insanity, intoxication, and consent
  • Criminal Liability: Principles of liability, including mens rea, actus reus, and strict liability
  • Offenses: Types of crimes, including murder, culpable homicide, hurt, wrongful restraint, and theft
  • Punishments: Types of punishments, including death penalty, imprisonment, and fine

Contract Law

  • Indian Contract Act, 1872: Law governing contracts, including formation, performance, and breach
  • Essential Elements of a Contract: Offer, acceptance, consideration, capacity, free consent, and lawful object
  • Types of Contracts: Valid, void, voidable, and unenforceable contracts
  • Performance of Contract: Rights and duties of parties, including obligations and discharge
  • Breach of Contract: Remedies for breach, including damages, specific performance, and injunction

Tort Law

  • Law of Torts: Civil wrongs that cause harm to individuals or property
  • Essential Elements of Tort: Wrongful act, damages, and causation
  • Types of Torts: Intentional torts (e.g., assault, battery), negligent torts (e.g., negligence), and strict liability torts (e.g., product liability)
  • Defenses to Tort: Contributory negligence, voluntary assumption of risk, and sovereign immunity
  • Remedies for Tort: Damages, injunction, and specific relief
  • Legal History: Development of Indian legal system, including ancient, medieval, and modern periods
  • Legal Systems: Overview of common law, civil law, and Islamic law systems
  • Legal Institutions: Structure and functions of Supreme Court, High Courts, and subordinate courts
  • Legal Profession: Roles and responsibilities of lawyers, including advocates, solicitors, and barristers
  • Legal Ethics: Professional ethics and conduct of lawyers

Constitutional Law

  • Indian Constitution: Adopted on November 26, 1949, and enforced on January 26, 1950, is the lengthiest written constitution in the world
  • Basic Structure Doctrine: Ensures that Constitutional amendments cannot alter the basic structure of the Constitution
  • Fundamental Rights: Guaranteed to all citizens, including:
    • Right to equality
    • Right to freedom
    • Right against exploitation
    • Right to freedom of religion
    • Cultural and educational rights
    • Right to constitutional remedies
  • Directive Principles of State Policy: Guidelines for the government to achieve social and economic welfare, but not enforceable by law
  • Preamble: Enshrines the objectives of the Constitution, including sovereignty, socialism, democracy, and fraternity

Criminal Law

  • Indian Penal Code (IPC): Comprehensive criminal code that defines crimes and prescribes punishments
  • General Exceptions: Defenses available to the accused, including:
    • Mistake of fact
    • Act of a child
    • Insanity
    • Intoxication
    • Consent
  • Criminal Liability: Principles of liability, including:
    • Mens rea
    • Actus reus
    • Strict liability
  • Offenses: Types of crimes, including:
    • Murder
    • Culpable homicide
    • Hurt
    • Wrongful restraint
    • Theft
  • Punishments: Types of punishments, including:
    • Death penalty
    • Imprisonment
    • Fine

Contract Law

  • Indian Contract Act, 1872: Law governing contracts, including formation, performance, and breach
  • Essential Elements of a Contract: Includes:
    • Offer
    • Acceptance
    • Consideration
    • Capacity
    • Free consent
    • Lawful object
  • Types of Contracts: Including:
    • Valid contracts
    • Void contracts
    • Voidable contracts
    • Unenforceable contracts
  • Performance of Contract: Rights and duties of parties, including:
    • Obligations
    • Discharge
  • Breach of Contract: Remedies for breach, including:
    • Damages
    • Specific performance
    • Injunction

Tort Law

  • Law of Torts: Civil wrongs that cause harm to individuals or property
  • Essential Elements of Tort: Including:
    • Wrongful act
    • Damages
    • Causation
  • Types of Torts: Including:
    • Intentional torts (e.g., assault, battery)
    • Negligent torts (e.g., negligence)
    • Strict liability torts (e.g., product liability)
  • Defenses to Tort: Including:
    • Contributory negligence
    • Voluntary assumption of risk
    • Sovereign immunity
  • Remedies for Tort: Including:
    • Damages
    • Injunction
    • Specific relief
  • Legal History: Development of Indian legal system, including:
    • Ancient period
    • Medieval period
    • Modern period
  • Legal Systems: Overview of:
    • Common law system
    • Civil law system
    • Islamic law system
  • Legal Institutions: Structure and functions of:
    • Supreme Court
    • High Courts
    • Subordinate courts
  • Legal Profession: Roles and responsibilities of:
    • Advocates
    • Solicitors
    • Barristers
  • Legal Ethics: Professional ethics and conduct of lawyers

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Study notes for MHCET 5-year LLB exam covering Indian Constitution, Basic Structure Doctrine, and Fundamental Rights

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