Common Law, Civil Law, and Religious Legal Systems

Exam Snapshot

MCQs frequently test the foundational differences between legal families—specifically sources of law, judicial roles, and trial procedures. Nepal's legal system is a unique hybrid that evolved from Hindu religious roots, integrated common law adversarial structures, and adopted civil law codification (Muluki Codes).

Core Concept

Nepal Law Anchors

Confusable Terms

Feature Common Law Civil Law Religious Law
Primary Source Precedents & Statutes Comprehensive Codes Divine Scriptures
Court System Adversarial (Umpire judge) Inquisitorial (Active judge) Religious scholars/Qadi
Precedent Highly binding Informative/Persuasive Subordinate to text

MCQ Traps

Example

In a negligence case: In England (Common Law), the judge follows past rulings (Donoghue v. Stevenson). In France (Civil Law), the judge applies the written Civil Code directly. In a Sharia court, the judge consults religious texts/scholars.

Memory Hook

Common = Case law & Court-centric. Civil = Code-based & Continental. Religious = Revealed text.

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