BASIC OF LEGAL ENVIRONMENT AND COURT SYSTEM QUESTIONS WITH ANSWER
BRIEF ANSWER QUESTIONS [2 Marks]
Table of Contents
1. [2023 Fall Q. No. 1] “All decisions of the Supreme Court are not precedent.” Why?
Answer: precedent is one of the important instruments used by judges in the adjudication process. Precedent is also one of the sources of law. In its simplest meaning, precedent is a technique used by judges in which they establish a new principle or rule, and in the future cases, they refers to these principles or rules, which are binding on subordinate courts.
There are two types of judicial decision:
1. Original Precedent
2. Declaratory Precedent
2. [2023 Spring Q. No. 1 / 2017 Spring Q. No. 2] State the constitutional provisions pertaining to business in Nepal.
Answer: The constitution of Nepal has the followings provisions regarding the business in Nepal:
– Increased private investment
– Changing role of the government
– Rising economic agenda
– Use of modern technologies
– Integration to the world economy
3. [2021 Fall Q. No. 4 / 2021 Fall Q. No. 9] Differentiate national and international law.
Answer: The national and international Law
| National law | International Law |
| It is applicable within a single nation. | It is applicable for the international organization and states. |
| National law focuses on acts and constitutions within a particular state or country. | International law primarily relates to conventions and treaties. |
| Legislative, judiciary and executive entities within a nation can create national laws. | No particular body or overseeing organization creates all sets of international laws. |
4. [2022 Fall Q. No. 1 ]Mention any two differences between civil law and criminal law.
Answer: The two differences between civil law and Criminal Law
| Civil Law | Criminal Law |
| It seeks to achieve a remedy such as compensation for the injured party. | It seeks to punish for an offence. |
| Cases are filed by private parties. | Cases are usually filed by the state. |
| The decision of the court in a civil case is liable or not liable | The decision of the court in a criminal case is guilty or not guilty. |
5. [2022 Fall Q. No. 7 ]According to the prevailing law of Nepal, who appoints the Chief Justice?
Answer: The Chief justice is appointed by the President on the recommendation of the Constitutional Council. S/he is appointed from among the justices having at least three years as a Supreme Court Justice. Justices of the Supreme Court are appointed by the President of Nepal on the recommendation of the Judicial Council. Tenure of Chief justices remains same for 6 years.
6. [2021 Spring Q. No. 1] Discuss the concept of a legal environment.
Answer: The term ‘legal environment’ of a business refers to the strategies adopted by any government to help, manage or constrain the business ecosystem of the country. The legal environment of a business indicates a twofold purpose set by the government which helps the business to flourish which, in turn, benefits the citizens either by employment or by any service. In negative connotation, the legal environment, especially in socialist or mixed economies may constrain or hinder the growth of the business.
7. [2021 Fall Q. No. 7 ]What are the roles of legislation?
Answer: The roles of the legislation are as follows:
- Form policies and laws that will govern the nation.
- Ensure that the legislative functions of the Government are executed properly by passing relevant laws and making citizens friendly policies.
8. [2021 Fall Q. No. 9] Mention the major sources of business law.
Answer: Source refers to a place, person, or thing from which something originates or can be obtained. sources of Business law refers to the authority from which the business law derive.
Followings are the important sources of business law,
– Legislation or statutory law
– Precedent
– Custom and usages
– Commercial Treaties and Agreements
– Writings and Opinion of Scholars
– British Mercantile Law
9. [2020 Spring Q. No. 1] Civil law and criminal law are different in various aspects. State two major differences.
| Civil Law | Criminal Law |
| It seeks to achieve a remedy such as compensation for the injured party. | It seeks to punish for an offence. |
| Cases are filed by private parties. | Cases are usually filed by the state. |
| The decision of the court in a civil case is liable or not liable | The decision of the court in a criminal case is guilty or not guilty. |
10. [2019 Spring Q. No. 1] What is law? Why is it important for business? State two reasons.
Answer: Law is a definite rule of behavior which is backed by the sovereign power of the state. It is a general rule of human conflict in society which is made and enforced by the government’ Each Law is a binding and authoritative rule or value or decision.
Law is important for business
– To establish business and operate the business activities.
– To create the opportunity of employment.
– To support the economic development in the Country.
11. [2019 Fall Q. No. 1] State two important features of the federal court system.
Answer: Two important features of the federal court system of Nepal are give below,
– Courts are hierarchical, with the supreme court at the top and lower courts all the way down.
– The high court is the court of state and the Supreme Court and in top- level hierarchy.
12. [2018 Fall Q. No. 1 ]State two extraordinary powers of the Supreme Court which high courts and district courts do not have.
Answer: Followings are the two extraordinary powers of the Supreme Court:
– Mandamus ( Meaning- we Command) : To secure the performance of public duties by a lower court, tribunal or public authority, which they fail to do on these own.
– Certiorari ( Meaning- to be certified) : To quash an order already passed by a lower court, tribunal or quasi- judicial authority.
13. [2018 Fall Q. No. 1] What is the purpose of studying business law? Give two reasons.
Answer: Main purpose of studying business law,
– To regulate the behaviour of business persons and their personnel.
– To settle disputes and create or maintain peace and good order in business community.
14. [2018 Spring Q. No. 1] Explain the process of appointment of the Chief Justice.
Answer: The Chief justice is appointed by the President on the recommendation of the Constitutional Council. S/he is appointed from among the justices having at least three years as a Supreme Court Justice. Justices of the Supreme Court are appointed by the President of Nepal on the recommendation of the Judicial Council. Tenure of Chief justices remains same for 6 years.
15. [2018 Spring Q. No. 1 / 2016 Fall Q. No. 1] What do you mean by the legal environment of business?
Answer: The term ‘legal environment’ of a business refers to the strategies adopted by any government to help, manage or constrain the business ecosystem of the country. The legal environment of a business indicates a twofold purpose set by the government which helps the business to flourish which, in turn, benefits the citizens either by employment or by any service. In negative connotation, the legal environment, especially in socialist or mixed economies may constrain or hinder the growth of the business.
16. [2017 Fall Q. No. 1] List out the sources of business law.
Answer: The sources of business law,
– Legislation or statutory law
– Precedent
– Custom and usages
– Commercial Treaties and Agreements
– Writings and Opinion of Scholars
– British Mercantile Law
17. [2017 Spring Q. No. 1] What do you mean by business law? Discuss two sources of Nepalese business law.
Answer : Business law is also known as commercial law, trade law, and mercantile law too. Laws are relating to contract, company, private firm registration, industry , foreign investment, mediation and banking, insurance, bonus, tax, trademark and such are known as business law.
– Legislation or statutory law
– Precedent
– Custom and usages
– Commercial Treaties and Agreements
– Writings and Opinion of Scholars
– British Mercantile Law
Additional Questions:
18. State two important features of the court system of Nepal.
Answer: Two important features of the federal court system of Nepal are give below,
– Courts are hierarchical, with the supreme court at the top and lower courts all the way down.
– The high court is the court of state and the Supreme Court and in top- level hierarchy.
19. State two important powers of the Supreme Court of Nepal.
Answer: Two important power of Supreme Court of Nepal are:
– Inspects subordinate court
– removes the difficulties and obstacles arise in the course of administration of justice
20. Why is the district court important? Give two reasons.
Answer: Importance of district court as follows:
– District court exists to do justice,
– It guarantees liberty and enhance social order,
– resolves disputes and maintains rules of laws
– They exist so the equality of individuals and the government is reality than empty rhetoric.
SHORT ANSWER QUESTIONS [10 marks]
21. [2023 Fall Q. No. 11] Differentiate between substantive law and procedural law with examples. Click Here for Answer
22. [2023 Spring Q. No. 13 / 2017 Fall Q. No. 11] Briefly discuss the court system and civil procedures in Nepal. Click here for Answer
23. [2022 Fall Q. No. 11] Discuss the consequences for the business if there is no proper business law in the state. Click Here for Answer
24. [2021 Spring Q. No. 12] Briefly discuss the major sources of business law along with its significance. Click Here for Answer
25. [2021 Fall Q. No. 14] Explain the importance of legal environment for the business environment. Click Here for answer
26. [2021 Fall Q. No. 15] Discuss the five important jurisdictions of High Court. Click here for Answer
27. [2019 Fall Q. No. 12 / 2017 Spring Q. No. 11 / 2016 Spring Q. No. 14] What is business law? Discuss the importance of business laws? Click Here for Answer
28. [2016 Spring Q. No. 11] What is the meaning of court system? Define the court system in Nepal. Click Here for Answer
29. Discuss the jurisdiction of district courts. Click here for Answer
30. Discuss the five important jurisdiction of High Court. Click here for Answer