NEB Class 12 · Past paper
The complete NEB Class 12 2080 exam paper for Nepali Legal System, all 21 questions with solved model answers.
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Define legal system. / कानुन प्रणालीको परिभाषा दिनुहोस् ।
The term legal system means the full framework of rules, institutions, procedures, and values through which a state makes, applies, explains, and enforces law. The first thing to see is simple. A legal system is wider than the laws themselves. The laws are only one part of it. The system also includes the institutions that bring the laws to life. It includes the processes and values that hold the whole thing together.
Three elements make up a legal system. The first is a body of law. This is the constitution. It is the statutes passed by the legislature. It is the decisions of the courts. It is the customs and other rules treated as binding. In Nepal this means the Constitution of Nepal 2015 at the top. Below it come Acts such as the Muluki Civil Code and the Muluki Penal Code 2074. Recognised custom sits alongside these.
The second element is a set of institutions. A legislature makes the law. A judiciary explains and applies it. An executive and enforcement agencies such as the police carry it out. A legal profession of lawyers runs the system in practice.
The third element is the processes and values. The processes are the steps that carry a dispute from the first complaint to the final judgment. The values are the deeper ideas the system is meant to reach: justice, order, and fairness.
A concrete example shows these elements working as one. Suppose A borrows money from B and refuses to repay. B cannot seize A's property himself. That would be private force. Stopping private force is the very reason a legal system exists. So instead B uses the rule that a debt must be repaid. He goes to the institution of the court. He follows the procedure of filing and proving his claim. When he wins, the state enforces the judgment. The dispute is settled through the organised union of rule, institution, and process. That is exactly what a legal system is.
Seen this way, a legal system has several marks. It is normative, because it sets standards of conduct. It is institutional, because it works through the organs of the state. It is coercive, because the power of the state stands behind its rules. It is hierarchical, with the constitution at the top and lower rules bound to follow it. And it is dynamic, because it changes as society changes. In Nepal this structure is made plain by the Constitution of Nepal 2015. Article 1 declares the Constitution the fundamental law of the land. Any law that clashes with it is void, to the extent of the clash. This law is then applied through a hierarchy of courts headed by the Supreme Court.
A legal system, then, is best defined in a certain way. It is not a mere list of rules. It is the organised union of laws, institutions, and processes through which a society is governed under law. It is this union that lets a state keep order, protect rights, and deliver justice. That is why the strength of a country's legal system is tied so closely to the safety and freedom of its people.
State any two characteristics of legal system. / कानुनी प्रणालीका कुनै दुई विशेषताहरू लेख्नुहोस् ।
A legal system can be known by several features. These features set it apart from simple morality or custom. Its main characteristics are:
Take two of these together. A traffic rule shows both the normative and the coercive mark at once. It tells a rider he must wear a helmet, which is the normative mark. And it lets the traffic police fine him if he does not, which is the coercive mark. These features show that a legal system is not mere advice. It is binding, enforceable order.
Highlight the importance of the legal system of Nepal. / कानुन प्रणालीको महत्त्व लेख्नुहोस् ।
An organised society cannot exist without a legal system. Its importance is felt in almost every part of national life.
The most basic job of a legal system is to maintain order and peace. It lays down proper rules and institutions. This removes the need for private revenge. So people turn to the courts rather than to force when they are wronged. Suppose a landowner finds that his neighbour has encroached on his field. He files a case instead of driving the neighbour off by force. The quarrel ends in a judgment, not in bloodshed.
Closely linked to this is resolving disputes. A legal system gives recognised and binding procedures for settling quarrels. These work whether the fight is between two individuals or between a citizen and the state. So the disagreement ends in a judgment, not in conflict.
A legal system also protects rights and freedoms. A right is of little value without a remedy. A legal system supplies that remedy. In Nepal the fundamental rights in Part 3 of the Constitution of Nepal 2015 can be enforced through the courts. So the legal system turns promises into real protections. For instance, suppose a person is detained without lawful cause. He may ask the Supreme Court or a High Court for a writ of habeas corpus. The court can order his release. This shows a right being turned into a real remedy.
A legal system further controls crime and wrongdoing. It defines offences and attaches consequences to them. The Muluki Penal Code 2074 does this for theft, cheating, and homicide. It also provides certainty and predictability. People can plan their lives knowing what the law requires and what follows a breach. A trader who signs a contract can rely on the courts to enforce it. That is why commerce depends on a working legal system.
A legal system serves as an instrument of social change and justice as well. It is used to reform society and to safeguard its weaker members. Nepal's constitutional and statutory protections for women, Dalits, and labourers show this. It also limits and regulates the power of government. It holds officials to the rule of law. So the state itself must act within legal bounds. Even a minister's order can be quashed by the court if it is unlawful. And by enforcing contracts and protecting property, it facilitates economic and commercial activity. Development depends on this.
For Nepal in particular, a sound legal system headed by the Constitution of Nepal 2015 does three big things. It binds a diverse society under one common rule of law. It guarantees rights to its citizens. And it provides the stability in which justice and development can be pursued. For all these reasons the legal system is rightly seen as the foundation of an ordered and just society. A country without a strong legal system, however rich in resources, cannot enjoy lasting peace or prosperity.
Describe any three dimensions of law. / कानुनको कुनै तीन आयामको बारेमा वर्णन गर्नुहोस् ।
Law can be seen from several angles. These angles are called its dimensions. Seeing them together gives a full picture, not a one-sided one. Three important ones are:
There is a fourth dimension too. The ideological or philosophical dimension is about the values such as justice and equality that the law is meant to serve. One example is the equality that led Nepal to abolish caste-based legal discrimination. Taken together these dimensions show one thing. Law is at once a set of rules, a set of institutions, and a social fact. That is why a lawyer must look beyond the bare words of a statute. He must look at how it is applied and whether it does justice.
What is "Common Legal System"? Explain along with its characteristics. / "कमन कानुनी प्रणाली" भनेको के हो ? यसको विशेषता सहित व्याख्या गर्नुहोस् ।
The common legal system is the family of law that began in England after the Norman Conquest of 1066. At that time the king's judges began travelling the country to settle disputes. Slowly they developed a single body of law that was "common" to the whole realm. This replaced the many local customs. From this the system takes its name. It later spread through the British Empire. It reached the United States, India, Australia, Canada, and many other countries. So today it governs a large part of the world's population.
Its leading characteristics are these. (a) Judge-made law: a large part of the law lies in the judgments of the courts, called case law. It is not only in statutes. So the judges have long been the chief makers of the law. Many whole fields, such as the law of negligence, grew up through decided cases rather than by statute. (b) Doctrine of binding precedent (stare decisis): a ruling of a higher court binds the lower courts in later similar cases. This keeps the law consistent. It also lets people predict how a dispute will be decided. Suppose the highest court holds that a certain duty of care exists. Every lower court must then apply that holding to a like case. (c) Adversarial procedure: a case is fought between two opposing parties. Each side presents its own evidence and arguments. The judge sits as a neutral umpire. The system is also linked in history to trial by jury. (d) Importance of remedies and procedure: the common law grew up around forms of action and remedies. These include the writs such as habeas corpus. So the key question was often whether a remedy was available. (e) Gradual, evolutionary growth: the law develops case by case as new situations arise. It is not laid down all at once in a code. This lets it adapt flexibly to a changing society.
Nepal did not inherit the common law through colonisation. Yet it has taken in several of its ideas. The Constitution of Nepal 2015 makes the legal principles and interpretation laid down by the Supreme Court binding on all lower courts and offices. This is the precedent principle at work. So when the Supreme Court interprets a provision of the Muluki Civil Code 2074, that interpretation guides every court afterwards. The writ jurisdiction protects fundamental rights through habeas corpus, mandamus, and the other writs. This is likewise common law in origin. So Nepal codifies its law in the civil law manner. But the working of its courts shows a clear common law influence. This makes the common legal system directly relevant to understanding Nepali law.
What is "Civil Legal System"? Explain along with its characteristics. / "सिभिल कानूनी प्रणाली" भनेको के हो ? यसको विशेषता सहित व्याख्या गर्नुहोस् ।
The civil legal system is also called the Romano-Germanic family. It is the oldest and most widespread legal tradition in the world. It descends from the Roman law of ancient Rome. In particular it comes from the great compilation made under the Emperor Justinian, the Corpus Juris Civilis. It was carried into the modern age by later codes. These include the French Napoleonic Code (Code Civil) of 1804 and the German Civil Code. It prevails across continental Europe, Latin America, and many other regions. Its method of codification has influenced legal systems far beyond Europe, including Nepal.
Its chief characteristics are the following. (a) Codification: the law is collected into full, organised written codes, such as civil, criminal, and commercial codes. These codes are the primary source of law. A person who wants to know the law looks it up in the code. (b) Supremacy of the enacted code over case law: the judge's main task is to find and apply the relevant provision of the code to the facts. So judicial decisions do not formally bind later courts the way precedent does in the common law. For example, a judge deciding whether a contract is valid turns to the contract articles of the code and applies them. (c) Inquisitorial procedure: the judge takes an active, leading role. He investigates the facts and directs the case. He does not act merely as a passive umpire between two parties. (d) Systematic and logical structure: the law is arranged scientifically. General principles come first, and particular rules are drawn from them. This makes it clear and easy to reach. (e) Separation of public and private law into distinct branches, each with its own principles.
Nepal's legal system shows a strong civil law influence in its long habit of codification. It began with the Muluki Ain of 1854, the first integrated national code. It continues down to the present Muluki Civil Code 2074 and Muluki Penal Code 2074. So Nepal has chosen to state its law in full written codes, in the civil law manner. A Nepali judge deciding a dispute over property or contract opens the Muluki Civil Code 2074. He applies its provisions to the facts, exactly as a civil law judge would. At the same time the courts also follow Supreme Court precedent, in the common law manner. This blend of a civil law form with a common law working is a defining feature of the Nepali legal system. That is why the civil legal system is studied so closely by students of Nepali law.
What type of legal system is called the Socialist Legal System? Write down any three features of it. / कस्तो प्रकारको कानुनी प्रणालीलाई समाजवादी कानुनी प्रणाली भनिन्छ ? यसका कुनै तीन विशेषता उल्लेख गर्नुहोस् ।
A legal system is called a socialist legal system when its law is founded on Marxist-Leninist ideology. The law is used as an instrument of the state. The state uses it to abolish class distinctions. The aim is to build a socialist, and in time a communist, society. It first took shape in the Soviet Union after the Russian Revolution of 1917. It later spread to states such as China, Cuba, and Vietnam.
Its main features include:
Any three of these, explained briefly, answer the question. The mark of this family is visible even in Nepal. The Constitution of Nepal 2015 declares a socialism-oriented state and guarantees socio-economic rights. But Nepal keeps private property and a market economy. So it has not adopted the full socialist model.
Define the Hindu legal system (in two sentences). / हिन्दू कानुनी प्रणालीलाई दुई वाक्यमा परिभाषित गर्नुहोस् ।
The Hindu legal system is the body of law that developed from the Hindu religion and its sacred texts, the Shruti and the Smriti. It is centred on the idea of Dharma (धर्म), or righteous duty. It is one of the oldest legal systems in the world. It governs chiefly the personal and family life of Hindus, such as marriage, succession and partition.
State two schools of Hindu law. / हिन्दू कानुनको दुई स्कुल उल्लेख गर्नुहोस् ।
The two schools of Hindu law are the Mitakshara (मिताक्षरा) school and the Dayabhaga (दायभाग) school. The Mitakshara prevails over most of the subcontinent. It gives a son a share in ancestral property by birth. The Dayabhaga prevails in Bengal and Assam. It gives a son his share only on the death of the father.
Shruti and Smriti are the sources of which legal system? / श्रुति तथा स्मृति कुन कानुनी प्रणालीका कानुनका स्रोतहरू हुन् ?
Shruti and Smriti are the two chief sources of the Hindu legal system (Hindu law). Shruti means "that which is heard" and refers to the Vedas, the divine revelation. Smriti means "that which is remembered" and sets out the detailed rules of conduct.
What are the major sources of Hindu law? Write an essay on the sources of Hindu law. / हिन्दू कानूनका मुख्य स्रोतहरु के के हुन् ? हिन्दू कानुनका स्रोतहरूको बारेमा निबन्ध लेख्नुहोस् ।
The sources of Hindu law are the places from which its rules are drawn. Hindu jurisprudence arranges them in a clear order of authority. Where two sources conflict, the earlier one prevails over the later. Understanding this graded list explains two things. It shows how the classical law was found. It also shows how that law has reached modern Nepal.
The first and highest source is Shruti (श्रुति). It means "that which is heard." It refers to the four Vedas. The tradition regards the Vedas as divine revelation received by the sages. In theory, Shruti is the supreme authority. In practice, it contains far more religious and philosophical matter than concrete legal rule. So it is appealed to for the foundations of Dharma. It is not appealed to for the details of a dispute.
The second source is Smriti (स्मृति). It means "that which is remembered." These are the Dharmashastras. They are the codes composed by sages such as Manu, Yajnavalkya and Narada. Manu's code is the Manusmriti. The Smritis are the real treasury of Hindu legal rules. They deal in detail with marriage, inheritance and partition. They also cover the duties of the different orders of society and the administration of justice. For example, the rules fixing who inherits, and in what shares, are drawn largely from the Smriti literature.
The third source is the body of commentaries and digests (Nibandha or Tika). The Smritis were numerous and sometimes disagreed. So later scholars wrote commentaries to explain them and harmonise them. Two are most important. One is Vijnaneshwara's Mitakshara. The other is Jimutavahana's Dayabhaga. They became so influential that the two great schools of Hindu law are named after them. The two schools disagree over a son's right by birth. That very disagreement arose at this stage of interpretation.
The fourth source is custom and usage (Sadachar / सदाचार). This is the settled practice of good and learned people. A custom is accepted as law under conditions. It must be ancient, continuous, certain and reasonable. It must not go against the sacred texts or public morality. Sometimes even custom is silent on a point. Then the tradition allows the conscience of the virtuous (Atmanastushti) to guide. So no dispute need go unanswered.
In the modern period two further sources must be added. The first is legislation, the law enacted by the state. The second is judicial precedent, the decisions of the courts. In Nepal these modern sources now dominate. The customary Hindu rules on marriage, succession and partition (अंशबण्डा) have been gathered and reformed. They are now the statutory provisions of the Muluki Civil Code 2074. So today a Nepali court applies the codified statute. That statute itself grew out of this ancient Hindu inheritance. The sources of Hindu law thus form a ladder. It runs from divine revelation, through the sages' codes and their commentaries, down to custom. It ends in the modern statute and precedent that govern Nepal now. Each later source fills the gaps the earlier ones left.
A widow (husband died over 10 years ago) asks whether she may remarry. As a law student, what would you advise? / एक एकल महिला (श्रीमान् बितेको १० वर्षभन्दा बढी) ले अर्को विवाह गर्न मिल्छ कि मिल्दैन भनी सोध्नुभयो भने के सुझाव दिनुहुन्छ ?
I would advise her clearly. She is legally free to remarry. The decision is entirely her own to make.
It is true that the traditional Hindu view was different. In that view, marriage is a sacred and lifelong religious sacrament (संस्कार). Classical Hindu society frowned on the remarriage of a widow. But that traditional attitude is no longer the law of Nepal. The law that actually governs her is not the old religious custom. It is the current statute. A law student must always apply the law in force, not social sentiment.
The Constitution of Nepal 2015 is clear on this. Every citizen is equal before the law. Discrimination on the ground of sex is prohibited. The Constitution also guarantees the rights of women as fundamental rights. The Muluki Civil Code 2074 follows the same path. It recognises a widow as a free and equal person. She may marry again. The Code places no legal bar on her doing so. Her earlier marriage ended in law when her husband died. So she is competent to enter a fresh marriage, like any other unmarried adult. Her property and other rights are protected by law.
Here is an illustration. Suppose a relative tries to stop the remarriage. Or suppose a relative tries to deny her a share of property because she remarried. She could seek the protection of the courts. The Constitution's equality guarantee and the Code's provisions are enforceable. So I would tell her this. No law forbids her remarriage. The old religious disapproval has no binding legal force today. Whether to remarry is a personal choice. She is fully entitled to make it. The law of Nepal will recognise and protect that choice.
What are the contributions made by Ram Shah to the Nepalese legal system? / नेपाली कानुन प्रणालीमा राम शाहको के योगदान छ ?
Ram Shah was the king of Gorkha in the early seventeenth century. He ruled a small hill state. Even so, his legal and administrative reforms left a lasting mark on the Nepali legal tradition. These reforms are known together as Ram Shah ka Thiti (राम शाहका थिति). His main contributions were these:
The importance of Ram Shah is clear. He showed something before any national codification. He showed how written rules laid down by the ruler could deliver certainty and fairness. His insistence on fixed measures and fair interest is an early example. It shows the state using clear rules to protect ordinary people. This reforming, rule-based spirit later fed into the wider Nepali legal tradition.
State the constitutional history of Nepal. / नेपालको संवैधानिक इतिहासबारे उल्लेख गर्नुहोस् ।
The constitutional history of Nepal traces a long journey. It runs from autocratic rule to a federal democratic republic. It runs through seven constitutions. Each one marks a stage in the transfer of power from the ruler to the people. So the sequence is best read as a single story of democratisation.
The first was the Government of Nepal Act of 2004 BS (1948). It was granted under the Rana regime. It spoke of some rights and institutions. But it was essentially a concession from the rulers. It was never truly brought into force. The fall of the Ranas led to the Interim Government of Nepal Act of 2007 BS (1951). This ran the country during the transition that followed. The Constitution of the Kingdom of Nepal 2015 BS (1959) then introduced an elected parliamentary government for the first time. For example, a government could now be formed by elected representatives. It was no longer appointed by the ruler. This experiment was short lived. The Constitution of Nepal 2019 BS (1962) dissolved party politics. It set up the party-less Panchayat system. This concentrated power in the monarchy.
After three decades, the first people's movement brought change. It produced the Constitution of the Kingdom of Nepal 2047 BS (1990). This restored multiparty democracy. It vested sovereignty in the people. It kept the King as a constitutional monarch within a parliamentary system. The second people's movement then produced the Interim Constitution of Nepal 2063 BS (2007). Under it the monarchy was abolished and Nepal was declared a republic. It also guided the writing of a new constitution by an elected Constituent Assembly. This was a decisive moment. The people, through their elected assembly, took the power to frame their own fundamental law.
That process ended in the present Constitution of Nepal 2072 BS (2015 AD). It declares Nepal a federal democratic republic. It distributes power among federal, provincial and local levels. It guarantees an extensive set of fundamental rights in Part 3. It provides for an independent judiciary headed by the Supreme Court. It stands at the top of the legal order as the fundamental law of the land. Take one illustration of its supremacy. Any Act of Parliament inconsistent with the Constitution is void to the extent of the inconsistency. The Supreme Court may so declare. Seen as a whole, Nepal's constitutional history is the gradual transfer of sovereignty from the ruler to the people. Each constitution marks a further step from autocracy toward democratic and federal government. The present Constitution made the people sovereign. It bound even the state to the rule of law.
What is a quasi-judicial body? Mention any two. / अर्ध न्यायिक निकाय भनेको के हो ? कुनै दुई उल्लेख गर्नुहोस् ।
A quasi-judicial body (अर्ध-न्यायिक निकाय) is not part of the regular court hierarchy. But the law gives it power to do work like that of a court over a particular subject. Its features are these.
Here are two examples. Suppose a taxpayer disputes a tax assessment. The matter goes to the Revenue Tribunal (राजस्व न्यायाधिकरण) rather than straight to an ordinary court. Now suppose a civil servant challenges a service decision. The Administrative Court (प्रशासकीय अदालत) hears it. Other examples include the Labour Court and various statutory tribunals set up under particular Acts. Through such bodies, specialised disputes are decided by expert forums. These bodies still remain under the supervision of the regular courts.
How can a dispute between two parties be resolved through Alternative Dispute Resolution? Explain on the basis of the prevailing laws of Nepal. / वैकल्पिक विवाद समाधानद्वारा दुई पक्षबीचको विवाद कसरी समाधान गर्न सकिन्छ ? नेपालको प्रचलित कानुनको आधारमा व्याख्या गर्नुहोस् ।
Alternative Dispute Resolution, or ADR (वैकल्पिक विवाद समाधान), means settling disputes outside a full court trial. Nepal's prevailing law provides well-established ways for two parties to use it. The reason ADR is attractive is simple. A court case is slow, costly and a fight. ADR is quicker, cheaper and more private. It is also more likely to save a relationship between the parties. This is why the law actively encourages it.
The simplest method is negotiation. The two parties talk directly and reach a settlement themselves. Sometimes they do this through their lawyers. For example, two traders disagree over the quality of goods delivered. They may simply agree on a partial refund and close the matter. No third party is involved.
Where they cannot do this alone, they may turn to mediation (मेलमिलाप). In Nepal this is governed by the Mediation Act 2068 (2011). A mediator is a neutral and trained third person. The mediator helps the parties understand each other and work out their own agreement. The mediator does not impose any decision. So any settlement binds the parties only because they have agreed to it. Nepali law supports mediation strongly. A court may send a suitable case to mediation. At the local level, the judicial committees resolve many small disputes largely through mediation. This keeps justice close to where people live. A quarrel between neighbours over a shared wall is well suited to this.
Sometimes the parties want a decision rather than a facilitated agreement. Then they may use arbitration (मध्यस्थता). This is governed by the Arbitration Act 2055 (1999). Usually the parties have an arbitration clause in their contract. They agree to place the dispute before one or more arbitrators. The arbitrators hear both sides and issue an award. That award is binding on the parties. It is enforceable much like a court judgment. A court may set it aside only on limited grounds. Arbitration is especially common in commercial, construction and contract disputes. Here the parties value a private and expert decision. A disagreement over payment under a large building contract is a typical example.
So a dispute between two parties can be resolved in steps under Nepali law. First comes direct negotiation. Next comes mediation under the Mediation Act 2068, to help them agree. Last comes arbitration under the Arbitration Act 2055, for a binding decision. The regular courts remain available in reserve. By offering this ladder of options, Nepali law lets parties choose the method that best fits their dispute. It saves them the time and cost of a court case. It also eases the pressure on the court system. This is why ADR has become such an important part of the Nepali legal system.
Compare the influence of the Socialist Legal System and the Religious Legal System over the Nepalese Legal System. / नेपालको कानुन प्रणालीमा समाजवादी कानुन प्रणाली र धार्मिक कानुन प्रणालीको प्रभावबारे तुलना गर्नुहोस् ।
Both the religious (mainly Hindu) tradition and the socialist idea have shaped Nepali law. But they did so in very different ways and at different times.
One family's affairs show both at work. The division of that family's ancestral property follows rules descended from the Hindu tradition. At the same time, the family's right to its children's education or to social security flows from the socialist-oriented provisions of the Constitution. In short, the religious system gave Nepali law much of its traditional private-law content. The socialist system gives its modern public law a strong welfare and equality direction. The present system blends both.
Mention any two important points (importances) of legal education. / कानुनी शिक्षाको कुनै दुई महत्व उल्लेख गर्नुहोस् ।
Legal education is important for two main reasons. First, it trains the lawyers, judges and officials the justice system needs. Second, it spreads legal awareness among citizens. So people learn their rights and duties, and the rule of law grows stronger.
Analyse (review) the recent trends of legal education in Nepal. / हालको नेपाली कानुनी शिक्षाको प्रवृत्तिलाई विश्लेषण (समीक्षा) गर्नुहोस् ।
Legal education in Nepal has changed markedly in recent decades. Several trends can be analysed.
Reviewed as a whole, these trends show a clear direction. Nepali legal education is moving away from a narrow, theory-heavy model. It is moving toward a longer, more practical, more specialised and more socially engaged one. One concern remains. The many new colleges vary in quality. Reviewers and regulators continue to raise this problem.
Write down the categories of lawyers in Nepal. / नेपालमा रहेका कानुन व्यावसायीहरूको प्रकार लेख्नुहोस् ।
The main categories of legal practitioners (कानुन व्यवसायी) in Nepal are senior advocate (वरिष्ठ अधिवक्ता), advocate (अधिवक्ता) and pleader (अभिवक्ता). Any two of these answer the two-category version of the question. For example, senior advocate and advocate.
What is the code of conduct for lawyers? / कानुन व्यावसायीको आचार संहिता भनेको के हो ?
The code of conduct for lawyers is the set of professional and ethical rules that every legal practitioner must follow. It is framed and enforced by the Nepal Bar Council under the Nepal Bar Council Act 1993. It governs a lawyer's duties toward the client, the court, fellow lawyers and society. Breach of it can lead to disciplinary action.