MHCET 5-year LLB Constitutional Law 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 GK (General Knowledge)

• 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 GK (General Knowledge)

• 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