Class 12 Nepalese Legal System

Secondary Education Curriculum
2076(CDC)
Nepalese Legal System

Working hrs: 160

1. Introduction

Legal system reflects social behaviour of a particular country and also the political and cultural trends of any nation. It consists of both law making and law implementing process. It represents the history and civilization of a particular country and incorporates long inherited legal customs and practices. At present in Nepal, political changes have brought massive changes into law and legal system. This curriculum is, therefore, introduced to acquaint students the fundamental knowledge of Nepali Legal System.

This curriculum on Nepali legal system familiarizes students with the Nepali legal history, legal system and legal education along with its development and aspects of world influence on them. It also presents the court system, justice dispensation procedures and role and functions of the lawyer in the society and legal education.

The curriculum has been offered as per the structure of National Curriculum Framework. It provides a comprehensive outline of level-wise competencies, grade-wise leaning outcomes and scope and sequence of contents, suggested practical/project activities, learning facilitation process and assessment strategies.

2. Competencies

At the end of this course, the students will have developed the following competencies:

1. Demonstrate understanding of the concept, importance and types of legal system.
2. Outline and explain various legal systems prevalent worldwide including their fundamental features and their influences in Nepali legal system.
3. Illustrate the history of legal education and profession of Nepal including their present status.
4. Distinguish between eastern and western legal systems and practices emphasizing on the Hindu Dharma Sastra/Philosophy and their influence/role in development of Nepali legal system.
5. Evaluate the position and basis of the Nepali law, legal system and various legal concepts prevalent in Nepal.
6. Explain the judicial institutions and their functions.

Scope and Sequence of Contents

1. Introduction to Legal System( 14 Working Hours )

1.1 Concept and meaning of legal system
1.2 Importance of legal system
1.3 Characteristics of legal system
1.4 Difference between law and legal system
1.5 Various dimensions of legal system

2. Types of Major Legal System ( 20 Working Hours )

2.1Sources and fundamental characteristics of major legal systems
2.1.1 Common legal system
2.1.2 Civil legal system
2.1.3 Socialist legal system
2.1.4 Religious legal system

3.Introduction to Hindu Jurisprudence ( 12 Working Hours )

3.1 Meaning and nature of Hindu jurisprudence
3.2 Evolution of Hindu jurisprudence
3.3 Sources of Hindu law
3.4 The schools of Hindu law
3.5 Concept of justice in Hindu jurisprudence

4.Development of Nepali Legal System ( 22 Working Hours )

4.1 Legal system of Nepal before codification
4.1.1Laws of Kirat
4.1.2 Laws of Lichhavi
4.1.3 Laws of Malla period
4.1.4 Contribution of Ram Shah
4.2 Legal system of Nepal after codification
4.2.1 Muluki Ain, 1910 B.S
4.2.2 Muluki Ain, 2020 and beyond
4.2.3 Era of specific statutes (2007 BS and beyond)
4.3 Brief constitutional history of Nepal
4.4 Muluki Codes and Procedures

5. Introduction to Nepali Legal System ( 22 Working Hours )

5.1 Introduction of Nepali legal system
5.2 Characteristics of Nepali legal system
5.3 Sources of modern Nepali law
5.4 Judicial system of Nepal
5.4.1 Existing hierarchy of courts in Nepal
5.4.2 Tribunals and quasi-judicial bodies
5.4.3 Judicial committee
5.4.4 General concept of judicial activism & judicial review
5.5 Alternative dispute resolution (negotiation, mediation and arbitration)

6. Influence of major legal systems in Nepali Legal System( 10 Working Hours )

6.1 Influence of Hindu legal system
6.2 Influence of common legal system
6.3 Influence of civil legal system
6.4 Influence of socialist legal system

7. Legal Education in Nepal ( 10 Working Hours )

7.1 Historical development of legal education in Nepal
7.2 Importance of legal education
7.3 Scope of legal education
7.4 Recent trends of legal education in Nepal
7.5 Basic concept and importance of clinical legal education

8. Legal Profession in Nepal ( 10 Working Hours )

8.1 Historical development of legal profession in Nepal
8.2 Lawyers as social engineers
8.3 Categories of lawyers
8.4 Introduction of Nepal Bar Council
8.5 Code of conduct of lawyers
8.6 Punishment for the violation of code of conduct
8.7 Why do lawyers wear black coats?