LLB Entrance Questions: Rapid Revision
Exam Snapshot
- This is a rapid-fire Q&A bank: 100 short questions covering the Constitution, criminal law, civil law, evidence, procedure, jurisprudence, legal maxims, and international law.
- Entrance MCQs reward exact numbers (articles, sections, years) and definitional precision more than descriptive essays.
- Expect direct one-liners, "Who said?", "Which year?", and "Match the following" formats.
- Most traps mix Constitution 2072 with old 2063 numbers and confuse Muluki Codes 2074 with the prior Muluki Ain 2020.
- Master the legal maxims and the jurists — they frequently appear in entrance examinations.
Core Concept
This list is grouped by subject for focused revision. Read once, then self-test by covering the answers.
I. Constitution of Nepal 2072 (1–20)
- Promulgated on? 3 Ashoj 2072 (September 20, 2015).
- Form of state? Federal Democratic Republican State.
- Total number of Parts? 35.
- Total number of Articles? 308.
- Total number of Schedules? 9.
- Fundamental Rights are enshrined in which Part? Part 3.
- Right against Untouchability and Discrimination is in? Article 24.
- Right to Constitutional Remedy is provided under? Article 46.
- Number of Provinces in Nepal? 7.
- Official language of the Federation? Nepali in Devanagari script.
- Head of State? President.
- Head of Government? Prime Minister.
- Federal Parliament consists of? House of Representatives and National Assembly.
- Number of seats in the House of Representatives? 275.
- Number of seats in the National Assembly? 59.
- Term of the House of Representatives? 5 years.
- Term of a National Assembly member? 6 years.
- A Supreme Court judge retires at the age of? 65 years.
- The Chief Justice is appointed by? The President, on the recommendation of the Constitutional Council.
- The Supreme Court's writ jurisdiction is conferred by? Article 133.
II. Criminal Law — Muluki Criminal Code 2074 (21–35)
- The Muluki Criminal Code was enacted in? 2074 BS.
- It commenced from? 1 Bhadra 2075 BS.
- Actus non facit reum nisi mens sit rea means? An act does not make a person guilty unless their mind is also guilty.
- Limitation period for murder cases? No limitation period.
- Punishment for murder (general)? Life imprisonment.
- Punishment for attempt to commit an offense (general rule)? Up to half of the punishment prescribed for the full offense.
- Abetment (durusahan) is treated as? The principal offense.
- A child below what age has no criminal liability? 10 years.
- The Right of Private Defence covers? Protection of one's own body and property, and the body and property of others, within prescribed limits.
- Common forms of mens rea? Intention, knowledge, recklessness, and negligence.
- Theft primarily requires? Dishonest taking of movable property.
- Robbery differs from theft by? The use or threat of force, or causing injury to obtain property.
- Age of consent in rape cases? Below 18 years, consent is legally irrelevant.
- Maximum imprisonment for culpable homicide not amounting to murder? 10 years.
- An example of a strict liability offense? Offenses related to food adulteration or public health safety.
III. Civil Law — Muluki Civil Code 2074 (36–50)
- The Muluki Civil Code was enacted in? 2074 BS.
- The minimum marriageable age for both men and women is? 20 years.
- Coparceners (Anshiyar) in ancestral property include? Father, mother, husband, wife, son, and daughter.
- A daughter's share in ancestral property is? Equal to a son's share.
- For adoption, what is the minimum age gap required between the adopter and the adopted child? 25 years.
- A will (Vasiyat) legally requires how many witnesses? 2 witnesses.
- Continuous desertion for how many years is a ground for divorce? 3 years.
- The old Contract Act 2056 was replaced by? The contract chapters within the Muluki Civil Code 2074.
- The age of contractual capacity (majority) in Nepal? 18 years.
- What is a fundamental requirement for a valid contract besides offer, acceptance, and capacity? Lawful consideration and lawful object.
- What does a voidable contract mean? It is valid until one of the parties chooses to avoid or rescind it.
- Specific performance of contracts is now governed by? The Muluki Civil Code (specific chapters on contracts).
- The general limitation period for filing a contract suit is? Generally 2 years from the date of breach.
- The four essential elements of negligence are? Duty of care, breach of that duty, causation, and resulting damage.
- Vicarious liability typically requires? That the wrongful act was committed by an employee in the course of their employment.
IV. Evidence Act 2031 (51–60)
- The Evidence Act of Nepal was enacted in? 2031 BS.
- In a criminal case, the burden of proof lies on? The prosecution.
- The standard of proof in criminal cases is? Beyond a reasonable doubt.
- The standard of proof in civil cases is? Preponderance of probability.
- The hearsay rule states that hearsay evidence is? Generally inadmissible, with exceptions.
- Is a dying declaration admissible evidence? Yes, it is admissible under specific conditions.
- Is a confession made to a police officer generally admissible in court? Generally not admissible, except under specific circumstances (e.g., if made before a judicial officer).
- The best evidence rule primarily emphasizes? The original document must be produced as evidence whenever possible.
- The principle of Estoppel is governed by? The Evidence Act 2031.
- The maxim related to the presumption of innocence is? Ei incumbit probatio qui dicit, non qui negat (The burden of proof lies upon him who affirms, not upon him who denies).
V. Procedure — Criminal & Civil 2074 (61–70)
- The Muluki Criminal Procedure Code was enacted in? 2074 BS.
- The Muluki Civil Procedure Code was enacted in? 2074 BS.
- A First Information Report (FIR) is typically filed at? The police office having jurisdiction over the crime scene.
- Detention of an arrested person beyond 24 hours requires? An order from a judicial authority (as per Article 24 of the Constitution).
- Non-bailable offenses in Nepal generally include? Serious crimes such as murder and rape.
- An appeal from a decision of the District Court lies to the? High Court.
- An appeal from a decision of the High Court lies to the? Supreme Court.
- The High Court's writ jurisdiction is provided under? Article 144 of the Constitution.
- Habeas Corpus literally means? You shall have the body.
- Public Interest Litigation (PIL) is recognized under? Article 133(2) of the Constitution (interpreted by the Supreme Court).
VI. Jurisprudence (71–85)
- Who famously stated, "Law is the command of the sovereign, backed by sanction"? John Austin.
- Which jurist proposed the "Pure Theory of Law"? Hans Kelsen.
- The concept of Grundnorm is associated with? Hans Kelsen.
- Who distinguished between "primary rules" and "secondary rules" in a legal system? H.L.A. Hart.
- The concept of Volksgeist (spirit of the people) is central to the historical school of law, advocated by? Friedrich Carl von Savigny.
- Who is considered the "Father of Utilitarianism"? Jeremy Bentham.
- The idea of "Social Engineering" in law was proposed by? Roscoe Pound.
- The concept of "Inner Morality of Law" is associated with? Lon Fuller.
- How did Salmond define law? As the body of principles recognized and applied by the State in the administration of justice.
- How did Sir Thomas Holland describe jurisprudence? As the formal science of positive law.
- Key figures of the American Realism movement include? Oliver Wendell Holmes Jr., Jerome Frank, and Karl Llewellyn.
- A "Right in rem" is a right enforceable? Against the entire world (against persons generally).
- A "Right in personam" is a right enforceable? Against a specific person or group of persons.
- The two essential elements of possession are? Corpus (physical control) and Animus (intention to possess).
- According to Salmond, ownership is? The relation between a person and a right that is vested in them.
VII. Legal Maxims (86–95)
- Audi alteram partem? Hear the other side (no one should be condemned unheard).
- Nemo judex in causa sua? No one should be a judge in their own cause (rule against bias).
- Ignorantia juris non excusat? Ignorance of the law is no excuse.
- Volenti non fit injuria? To a willing person, no injury is done (consent to risk).
- Res ipsa loquitur? The thing speaks for itself (presumption of negligence).
- Stare decisis? To stand by decided matters; uphold precedents.
- Obiter dicta? Things said by the way; a judge's opinion not essential to the decision, and thus not binding.
- Ratio decidendi? The reason for the decision; the binding principle of a judicial precedent.
- Ubi jus ibi remedium? Where there is a right, there is a remedy.
- Ex post facto law? A law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.
VIII. International Law & Human Rights (96–100)
- The Universal Declaration of Human Rights (UDHR) was adopted in? 1948.
- The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted in? 1966.
- Nepal's approach to the implementation of international treaties is generally considered? Monist, with a tendency for ratified treaties to prevail over inconsistent domestic law under the Treaty Act.
- The Treaty Act of Nepal was enacted in? 2047 BS.
- Where is the headquarters of the South Asian Association for Regional Cooperation (SAARC) located? Kathmandu, Nepal.
Nepal Law Anchors
- Constitution of Nepal 2072 — Crucial for understanding fundamental rights (Part 3), Supreme Court's writ jurisdiction (Art. 133), High Court's writ jurisdiction (Art. 144), and emergency provisions (Art. 273).
- Muluki Civil Code 2074 and Muluki Criminal Code 2074 — Both became effective from 1 Bhadra 2075 BS, comprehensively replacing many aspects of the old Muluki Ain 2020.
- Muluki Civil Procedure Code 2074 and Muluki Criminal Procedure Code 2074 — These codes govern procedural aspects and replaced the procedural parts of the Muluki Ain 2020.
- Evidence Act 2031 — Continues to be the primary statute governing the admissibility of evidence, burden of proof, and presumptions in Nepali courts.
- Treaty Act 2047 — Stipulates that treaties ratified by Nepal will override any inconsistent domestic law, demonstrating a monist approach.
Confusable Terms
| Pair | Key Distinction |
|---|---|
| Ratio Decidendi vs Obiter Dicta | The binding legal principle forming the basis of a decision vs. a judge's incidental remark not essential to the decision (persuasive only). |
| Right in Rem vs Right in Personam | A right enforceable against the whole world vs. a right enforceable against a specific person. |
| Void Contract vs Voidable Contract | A contract invalid from the very beginning (no legal effect) vs. a contract that is valid until one party opts to invalidate it. |
| Murder vs Culpable Homicide | Murder involves higher mens rea (intent to kill or knowledge of likely death) vs. culpable homicide which has a lesser degree of mens rea. |
| Theft vs Robbery | Theft is taking movable property dishonestly without force vs. robbery involves theft aggravated by the use or threat of force or causing injury. |
| Article 133 (SC) vs Article 144 (HC) | Supreme Court's writ jurisdiction vs. High Court's writ jurisdiction. |
| Jeremy Bentham vs John Austin | Bentham focused on utilitarianism and legislative reform vs. Austin on the command theory of law (law as sovereign's command). |
| Hans Kelsen vs H.L.A. Hart | Kelsen's concept of Grundnorm (basic norm) as the ultimate source of legal validity vs. Hart's concept of the "rule of recognition" as the ultimate rule determining validity. |
MCQ Traps
- Mixing Muluki Ain 2020 with Muluki Codes 2074: The old Muluki Ain (General Code) of 2020 BS has been largely superseded by the new Muluki Codes of 2074 BS for substantive law matters. Always refer to the new codes.
- Old Constitution 2063 article numbers: Be cautious of distractors using article numbers from the interim Constitution of Nepal 2063. The current Constitution of Nepal 2072 has distinct numbering.
- Misapplying "beyond reasonable doubt": This high standard of proof applies only to criminal cases. In civil cases, the standard is the preponderance of probability.
- Confusing Salmond's definition of law with Austin's command theory: Remember their distinct theoretical contributions to jurisprudence.
- Treating obiter dicta as binding: Obiter dicta are persuasive but not binding precedents, unlike ratio decidendi.
- Assuming attempt equals full punishment: Under the Muluki Criminal Code 2074, punishment for an attempt to commit an offense is generally up to half of the punishment prescribed for the full offense, not the full punishment itself.
Example
Question: "The Right to Constitutional Remedy is guaranteed under Article ___ of the Constitution of Nepal." Options provided are 32, 46, 88, 107. Strategy:
- Recall that fundamental rights, including the right to constitutional remedy, are in Part 3 of the current Constitution.
- Specifically, the right to constitutional remedy is anchored in Article 46.
- Eliminate distractors: Article 32 might refer to a different right or an old constitutional provision; 88 and 107 are not relevant to fundamental rights remedies. Correct Answer: Article 46.
Memory Hook
- "3-3-3-9" for Constitution structure: Think 35 Parts, 308 Articles, 30+ Fundamental Rights (primarily in Part 3), and 9 Schedules. This gives a quick overview of its magnitude.
- "CIE-PJ-MI" for subject revision order: A mnemonic for systematic revision – Constitution, Criminal Law, Civil Law, Evidence, Procedure, Jurisprudence, Maxims, International Law.
Quick Revision
- Key Dates: Constitution 2072, Muluki Codes 2074, Evidence Act 2031, Treaty Act 2047.
- Numbers: HoR 275 seats, NA 59 seats, SC judge retirement at 65.
- Age Limits: Marriageable age 20, contractual capacity 18, no criminal liability below 10.
- Proof Standards: Criminal proof beyond reasonable doubt; civil proof preponderance of probability.
- Precedent: Ratio decidendi binds, obiter dicta persuades; stare decisis is the principle of following precedent.
- Jurists & Theories: Austin = command theory, Kelsen = Grundnorm, Hart = primary/secondary rules, Savigny = Volksgeist, Pound = social engineering.
- Constitutional Articles: Art. 133 for SC writs, Art. 144 for HC writs, Art. 46 for constitutional remedy, Art. 24 for right against untouchability.
- Treaty Law: Treaties ratified under the Treaty Act 2047 generally prevail over inconsistent Nepali domestic law.