30 Common LLB Entrance Traps
Exam Snapshot
LLB entrance exams often test precision over raw knowledge. Traps usually center on similar-sounding legal terms, outdated statutory references, or subtle constitutional distinctions. Avoiding these errors requires distinguishing between the Constitution, the Muluki Codes, and basic jurisprudence principles.
Core Concept
- Constitutional Traps: Mixing up Articles (e.g., Article 17 vs. 18), confusing the role of the President (Head of State) vs. the Prime Minister (Head of Government), or misremembering the appointment process of constitutional bodies.
- Jurisprudential Traps: Confusing the schools of thought (e.g., Positivism vs. Realism), misidentifying the founder of a theory (e.g., Kelsen vs. Hart), or misinterpreting maxims like Audi Alteram Partem.
- Statutory Traps: Confusing provisions of the Civil Code 2074 with the Criminal Code 2074, or mixing up procedure codes with substantive codes.
Nepal Law Anchors
- The Constitution of Nepal, 2072.
- Muluki Civil Code, 2074.
- Muluki Criminal Code, 2074.
- Evidence Act, 2031.
- Judicial Council Act and relevant precedents.
Confusable Terms
| Term A | Term B | Distinction |
|---|---|---|
| Possession | Ownership | Possession is factual control; Ownership is legal title. |
| Void | Voidable | Void is invalid ab initio; Voidable is valid until challenged. |
| Ratio Decidendi | Obiter Dicta | Ratio is the binding legal principle; Obiter is incidental remark. |
| Crime | Civil Wrong | Crime is an offence against the state; Civil wrong is against an individual. |
| De jure | De facto | De jure means by law; De facto means in reality. |
MCQ Traps
- Confusing "Fundamental Rights" (Part 3) with "Directive Principles" (Part 4).
- Assuming the Supreme Court is the only judicial body (ignoring High Courts and District Courts).
- Misinterpreting "Legislature" as just the House of Representatives (ignoring the National Assembly).
- Mixing up the appointment process of the CIAA Chief vs. the Attorney General.
- Thinking that "Law" refers only to statutes (ignoring judicial precedent).
- Misapplying the "Separation of Powers" doctrine to the Nepalese context (which has a system of checks and balances).
- Confusing the types of Writs under Article 133.
- Assuming "Equality" (Art 18) means identical treatment rather than equitable treatment.
- Misidentifying the source of "Rule of Law" (Dicey, not Austin).
- Mixing up the "Mitakshara" and "Dayabhaga" inheritance rules.
- Thinking the President can act independently without the PM's recommendation in executive matters.
- Misunderstanding the "Natural Law" theory as being man-made.
- Confusing "Strict Liability" with "Absolute Liability."
- Misidentifying the date of the Muluki Civil Code enactment (2074).
- Failing to distinguish between "Direct Evidence" and "Circumstantial Evidence."
- Assuming "Hearsay" is always admissible.
- Misidentifying the "Grundnorm" in Nepal (The Constitution).
- Confusing "Civil Procedure" (how to litigate) with "Substantive Civil Law" (rights and duties).
- Thinking the Judicial Council appoints all judges (only some; some are appointed by the President).
- Misreading the "Age of Majority" (18 years).
- Confusing "Mediate Possession" with "Immediate Possession."
- Misidentifying the "Proportional Representation" system in the electoral process.
- Thinking the "Chief Justice" heads the Judicial Service Commission (it is the Judicial Council).
- Misapplying "Estoppel" (it is a rule of evidence, not a crime).
- Confusing "Preventive Detention" with "Punitive Detention."
- Misinterpreting "Sovereignty" (vested in the people, not the monarch).
- Failing to distinguish "Public Interest Litigation" from "Private Interest Litigation."
- Mixing up the "Right to Information" with the "Right to Privacy."
- Assuming "Marriage" is purely a religious contract (it is a legal civil contract under the Civil Code).
- Thinking "Custom" is no longer a source of law (it remains a source where no written law exists).
Example
Trap: "Which of the following is an example of a fundamental right?" A) Right to property (now legal right), B) Right to information (fundamental right), C) Right to bear arms (not guaranteed). Explanation: A candidate might think the right to property is still fundamental; it became a legal right under the 2072 Constitution.
Memory Hook
- C-S-E: Constitution (Supreme law), Statutes (Codes), Evidence (Rules of proof).
Quick Revision
- Check dates carefully (2072 for Constitution, 2074 for Codes).
- Read the options entirely before picking.
- Watch for qualifiers like "except," "always," and "never."
- When in doubt, apply the Constitution as the supreme authority.
- Use the "Rule of Last Resort" (if two options seem correct, pick the most specific legal provision).