CLAT UG key terms

Remarks a judge makes in a judgment that are not essential to the decision. They carry persuasive weight only and are not binding on lower courts in later cases.

The legal principle or reasoning that is essential to a court's decision. This part of a judgment binds subordinate courts in future cases involving similar facts.

A previously decided case that guides courts deciding similar later disputes. Higher court decisions bind lower courts within the same hierarchy under the doctrine of stare decisis.

The Latin maxim meaning to stand by things decided. It obliges courts to follow established precedents so that the law remains predictable and consistent across similar cases.

The right of a party to bring an action before a court because that party has a sufficient legal interest in the matter. Without it, a petition is dismissed as premature.

A matter already finally decided by a competent court cannot be litigated again between the same parties. It prevents endless litigation and protects the finality of judgments.

The guilty mind or mental element of an offence, such as intention, knowledge or recklessness. Serious crimes generally require proof of both mens rea and the prohibited act.

The physical or external element of a crime, comprising a voluntary act, an omission or a state of affairs prohibited by law. It must be proved alongside the mental element.

A formal application asking a constitutional court to enforce fundamental rights or issue directions to authorities. High Courts and the Supreme Court may issue writs such as habeas corpus or mandamus.

The power of courts to examine whether legislative acts and executive actions conform to the Constitution. A law or order inconsistent with constitutional provisions can be struck down.

The principle that Parliament cannot amend the Constitution so as to destroy its essential features, such as judicial review or federalism. Courts use it to test constitutional amendments.

Litigation filed to protect the interests of the public, especially the poor or marginalised, often by a person not directly affected. Courts relax ordinary standing rules in such petitions.

A civil wrong, independent of contract, that causes harm and entitles the injured person to compensation. Negligence, defamation and nuisance are common examples.

Failure to exercise the care that a reasonable person would take in the circumstances, causing foreseeable harm. It requires proof of duty, breach, causation and damage.

Liability imposed without proof of intention or negligence, generally for escape of hazardous substances from premises. The rule protects neighbours from inherently dangerous activities.

Something of value given by each party to a contract, such as money, goods or a promise. It distinguishes enforceable agreements from gratuitous promises.

The two essential steps in forming a contract: one party proposes terms and the other unconditionally agrees to them. Their combination creates a binding agreement.

A legally enforceable agreement between two or more parties creating rights and obligations. It requires offer, acceptance, consideration, capacity and lawful object.

The set of facts that gives a person the right to sue another in court. It determines the relief sought and the court where the suit is filed.

Legal responsibility for conduct prohibited by criminal law, usually requiring a prohibited act and a guilty mental state. Defences such as mistake or insanity may reduce or exclude it.

A formal change to the text of the Constitution or a statute, made through the procedure the law prescribes. In India, some amendments also require ratification by state legislatures.

A form of deductive reasoning in which a conclusion follows from two premises. Questions often test whether a conclusion necessarily follows from the given statements.

A statement offered as a reason in an argument, from which a conclusion is drawn. The strength of an argument depends on whether its premises support the conclusion.

A conclusion reached from evidence or statements rather than stated directly. In reasoning questions you must judge whether an inference follows necessarily or only probably.

An unstated belief that an argument relies on to reach its conclusion. Identifying it helps you judge whether the reasoning is sound or vulnerable to attack.

A question type in which you choose the option that makes an argument more or less convincing. The correct choice directly affects the link between evidence and conclusion.

An error in reasoning that makes an argument invalid or misleading, such as attacking the person instead of the point. Spotting fallacies is central to critical reasoning questions.

A comparison drawn between two things on the basis of shared features, used to support a conclusion. The strength of an analogy depends on how relevant the shared features are.

A conclusion that can be drawn from a reading passage even though it is not stated explicitly. It must be supported by the text, not by outside knowledge or personal opinion.

The central point that a passage develops as a whole, as distinct from details that support it. Identifying it helps answer questions on purpose and structure.

The attitude an author conveys towards the subject, such as critical, sympathetic, ironic or neutral. Word choice and emphasis are the main clues to it.

Working out the meaning of a word from the surrounding sentence rather than from a memorised list. The same word can carry different shades of meaning in different passages.

A word whose meaning is opposite to that of another word, such as scarce and abundant. Questions test precision, so match the exact sense of the given word.

A word that has the same or nearly the same meaning as another word in a given context. Near-synonyms differ in nuance, so choose the closest fit to the sentence.

A fixed expression whose meaning cannot be deduced from its individual words, such as to bite the bullet. Questions test both meaning and correct usage.

A relationship comparing two quantities, and an equation stating that two such relationships are equal. These are used to solve problems on mixtures, partnerships and scaling.

A fraction expressed as a part of one hundred, used to compare quantities and express change. Successive percentage changes do not simply add together.

The sum of a set of values divided by the number of values, also called the arithmetic mean. It is used to compare groups and solve problems on weighted combinations.

Methods of counting arrangements where order matters and selections where order does not. They underlie probability problems and questions on seating and committees.

A measure between zero and one of how likely an event is, found by dividing favourable outcomes by total equally likely outcomes. It is applied to dice, cards and selection problems.

Reading and analysing information presented in tables, charts or graphs to answer questions. It tests calculation speed, approximation and comparison of values.

The relationship that distance equals speed multiplied by time, applied to problems on trains, boats and relative motion. Unit conversion between km/h and m/s is often required.

Interest calculated only on the principal, versus interest calculated on principal plus accumulated interest. Compound interest grows faster because it earns interest on interest.

Guaranteed freedoms in Part III of the Indian Constitution, enforceable against the state through courts. They include equality, speech, life and personal liberty, and constitutional remedies.

Guidelines in Part IV of the Constitution directing the state towards social and economic welfare. They are not directly enforceable in courts but inform policy and legislation.

A system of government in which power is divided between a central authority and constituent units, each supreme in its own sphere. India follows a quasi-federal model with a strong centre.

The division of governmental authority among the legislature, executive and judiciary so that each checks the others. It guards against concentration and abuse of power.

A temporary law promulgated by the President or a Governor when the legislature is not in session. It must be approved by the legislature within the prescribed period or it lapses.

A bill dealing only with taxation, borrowing or expenditure from the Consolidated Fund, certified as such by the Speaker. The Rajya Sabha cannot amend or reject it, only recommend.

A proactive role of courts in issuing directions on matters of public concern, often through public interest litigation. Critics say it can blur the line between judging and governing.

An alliance of political parties that together command a majority and form a government. Coalitions shape policy through negotiation and shared ministerial responsibility.

A sustained rise in the general price level, which reduces the purchasing power of money. Central banks often respond by raising policy interest rates.

Actions by a central bank to manage money supply, credit and interest rates, chiefly to control inflation and support growth. In India it is set by the Monetary Policy Committee.

The gap between a government's total expenditure and its total receipts excluding borrowings. It indicates how much the government must borrow to fund its spending.

The total market value of all final goods and services produced within a country in a given period. It is the standard measure of the size and growth of an economy.

Development that meets present needs without compromising the ability of future generations to meet theirs. It balances economic growth, social inclusion and environmental protection.