B.A.LL.B. Entrance Test Questions 2081
Uploaded by
shirishsedhai2B.A.LL.B. Entrance Test Questions 2081
Uploaded by
shirishsedhai2Common questions
Powered by AIEugen Ehrlich's contributions to jurisprudence are historically significant as he developed sociological jurisprudence, which emphasizes the role of social factors in the formation and application of law. This approach marked a pivotal shift from viewing law as merely rules imposed by the state to understanding it as a dynamic construct influenced by societal norms and interactions .
Natural justice comprises fundamental rules governing fair play in legal proceedings, primarily embodied in the principles of 'nemo judex in causa sua' (no one should be a judge in their own cause) and 'audi alteram partem' (hear the other side). These principles ensure unbiased judicial conduct and the right to a fair hearing, which serve as safeguards against arbitrary justice outcomes .
The document suggests that while laws are significant tools for social change, their effectiveness is challenged by the faster pace of societal and technological changes. Laws aim to regulate social behavior and promote cohesion; however, they often lag behind contemporary societal transformations. Therefore, law is both a reactive and proactive instrument in achieving desired social order and change, necessitating continual adaptation to remain relevant .
The oath of secrecy to the Chief Minister in Nepal is administered by the Provincial Head .
In the Positive School of Law, customs are not considered a primary source; instead, legal principles established by the state hold precedence. Therefore, Positive School emphasizes state authority over customs as a source of law .
'Legal Aid' services play a crucial role in promoting justice by ensuring that impoverished individuals have access to free legal assistance. This helps mitigate financial barriers to legal representation and contributes to impartial justice by leveling the playing field for disadvantaged parties in legal proceedings, thereby upholding the principles of equality and fairness before the law .
Defining law as a 'correlative of duty' suggests that legal rights inherently imply corresponding duties upon others. This understanding, as articulated by theorists like Hohfeld, impacts the structure of legal relationships by framing rights and duties as reciprocal constructs. It underscores the interconnectedness in legal obligations and illustrates how individual entitlements are balanced with societal responsibilities .
According to the Constitution of Nepal, the maximum number of members allowed in the Council of Ministers is 25 .
The doctrine of stare decisis holds significant importance in judicial systems as it mandates courts to follow the precedents set in earlier decisions. This doctrine promotes predictability and equality in the law by ensuring consistent application of legal principles across similar cases, thereby fostering stability and integrity in the legal system .
The existing Constitution of Nepal guarantees 31 fundamental rights .