About Course
Legal profession in Nepal is a regulated profession where to be an advocate a law graduate has to appear and pass the license examination conducted by the Nepal Bar Council as mandated by the Nepal Bar Council Act, 2050. The conducting of the examination and providing advocate license to qualified persons are major functions of the Nepal Bar Council.
The advocate license examination is based on a prescribed syllabus and consists of a written examination and followed by in-person interview for candidates who are successful in the written examinations.
With the objective to standardize the upcoming 31st Advocate License Examination, Nepal Bar Council has introduced a new syllabus for the examination. The syllabus for the upcoming examination comprises of Multiple-Choice Questions (MCQs), legal drafting, translation and interview. Due to the introduction of a competitive syllabus, examinees must be well prepared to ensure a successful result. Strategic planning and proper guidance for the examination are key aspects to such success.
First Paper - I
- Meaning, definitions, Scope and Importance of Jurisprudence
- School of Thoughts
- Natural school
- Analytical School
- Historical school
- Sociological
- Realist School
- Socialist School
- Feminist school
- Critical Legal studies
- Post modern School
- Economic analysis of Law
- Third World Approach
- Meaning, definitions, Classifications of Constitutions
- Constitutions, Constitutional Law, Constitutionalism (Conceptual Differences)
- Basic structure of Constitutions (US. India, Nepal)
- Principle of Constitutional Law
- Historical development of Constitutions of Nepal
- Basis features of Constitution of Nepal
- Major provisions of Constitution of Nepal (Citizenship, President and Vice president, Federal Executive, Legislature and Judiciary, Amendment, Constitutional Bodies, Emergency, Elections, Political Parties etc)
- Meaning of Fundamental Rights (As Positive and Negative Rights)
- Difference between fundamental rights and Constitutional Rights and Fundamental Rights
- Fundamental rights under Constitution of Nepal (Major Case laws)
- Directive Principles under Constitution of Nepal
- Public interest Litigations and its remedy under Constitution of Nepal
- Meaning, Nature, Scope, Importance of Criminal Law
- Definition of crime, Elements, stages of crime, Inchoate Crime
- General Defenses, Classifications, Rationale and Justifications
- General Principle of Criminal Law
- Development of Criminal Law in Nepal
- Basic Features of Penal Code Act, 2074
- General Provisions of Penal Code
- Offences against Person (Murder, Attempt to Murder, Physical attack, Hurt, abduction/kidnapping)
- Sexual Offences (Rape, Sexual Harassment, Sexual Abuse)
- Property offences (Theft/ Robbery, Cheating,
- Major Aspects of Criminal Procedure Code, 2074
- Major legal provisions of The Criminal Offences (Sentencing and Execution Act 2017.
- Meaning, Nature, Scope, Importance of Civil Law
- General Principle of Civil Law Law
- Development of Civil law in Nepal
- Basic Features of Muluki Civil Code Act, 2074
- General Provisions (Including Preamble) of Muluki Civil Code Act, 2074
- Major Aspects of Civil Procedure Code Act, 2074
- Rationale of Law relating to person and its legal provisions
- Meaning & definitions, origin, nature, Scope and Importance of International Law
- Sources and subjects of International Law
- Theory of International Law and Domestication of International Law
- General principle of International Law
- United Nations Charter, 1945 and Nepal as state Party
- Meaning and importance of Treaties, (Concept of Jus Cogens, Pacta Sunt Servanda and Rebus sic Stantibus)
- Types of Treatties, Conclusion, ratifications, terminations, reservations and Rights of Third parties)
- Interpretation of Treaties and Travaux Preparatoires
- VCLT, 1969 and obligation of Nepal
- Montevideo Convention on the Rights and Duties of States , 1933
- Discussion यल राजाराम ढकाल समेत विरुद्ध प्रधानमन्त्री कार्यालय समेत (ने.का.प २०६०, भाग ४५, अंक ९, नि.न ७२७४)
- Traditional Land tenure system in Nepal (Kipat, Birta Jagir, Raikar, Guthi system, Rakam system, Rajya Rajauta, Jamindari system and talukdari system, Mahajani, ukhada Jhora, Khaokar etc)
- Law relating to Property ( Kalyan Dhan, Guthi, Land cultivation, Partition, Land encroachment, Succession, Construction of Building, Money Lending transactions, Registration on Deeds, Charity and Gifts)
- Rationale and Major aspects of Land Acts, Nepal Trust Acts, Land Revenue Act, Land Acquisitions act, Land Measurement and survey act
- Meaning, Definitions and scope of Legal research
- Importance of Legal research for Law practitioners and Judges
- Sources of Legal research
- Stages of Legal research
- Types of Legal research
- Legal research and methodology
- Meaning, Functions and Scope of Private international Law
- Development of Private international Law in Nepal
- Foreign Elements, Jurisdictions, Doctrine of Renvoi,
- Major legal provisions (Marriage, Property)
- Execution of foreign Judgement
- Concept & Meaning, Philosopy and Natures, importance of Human rights
- Classification of Human Rights
- Human Rights and Constitution of Nepal
- National Human right Commission Act, 2068
- Universal Declaration of Human Rights, UDHR 1948
- International Human Rights Laws its Domestic Implementations
- Major International Human rights Conventions
- Meaning and origin of Compnay
- Characteristics of Company and modern types of Company
- Theory of Corporate Personality and lifting Corporate Veil
- Promotion and Incorporation of Company (MoA and AoA, Procedures, Share holder Agreement, Unanimous Agreement, Doctrine of Ultra vires, amendment of AoA & MoA)
- Share Capital of Company (Kinds of Shares, Issues, of Share, Power Rights of Equity Share holder, transfer of shares, forfeiture of shares)
- Dividends and winding up of Company
- Boards of Director and Role and Responsibility
- Shareholders Meeting (Annual, special and General Meetings)
- Corporate Liability and business ethics
- Meaning of Legal system and Foundations of Nepalese legal system
- Historical Development (Kirat, Lichhavi, Malla, Shah Period, 1910 t0 2007, 2007 to 2072 and beyond)
- Meaning, objectives, Importance, Kinds and Principle of interpretations
- Rules of Interpretations of statues (Literal Rule, Mischief, Golden, and Subordinate Rules)
- Interpretation of Constitutions and Private Laws
- Constructions (Restrictive, Exceptional and Other Construction)
- Concept, Philosophy and Theories of Intellectual Property
- Sources and Major forms of Intellectual Property
- Law of patent
- Law of Copyrights
- Law of Trademark and industrial design
- Geographical Indications/ Trade Secrets/ Variety of Plants/ Traditional Knowledge/ Cultural Expression
- Meaning and definition, Nature, Scope and Kinds of Environment
- General Principle of Environmental Law and Justice
- Global, Regional and National Environmental Problems and Issues (Climate Change, Ozen Layer Depletion, Biodiversity)
- Environmental Laws of Nepal (Forest Conservations, Water Conservations Bio diversity and wildlife Conservation, Cultural Heritage preservations Laws)
- Concept & Meaning, Nature, Scope and Importance of Administrative Law
- Principle of Natural Justice (Concept, Development, Theory, Cases examples)
- Separation of Power and Check and Balance (Concept, Development, Theory, Case examples)
- Quasi judicial bodies (Meaning, Nature, Scope, Jurisdictions, its status in Nepal)
- Judicial review in Nepal
- Writ and its types with case examples
- Meaning, Nature, Scope, Functions, Sources and importance of Family Law
- Law relating to marriage
- Adoption
- Matrimonial relief
- Inheritance
- Family Courts
- Concept, Origin, Nature, Functions and Scope of Contract Law
- Basic features of Nepalese Contract Law, Classification & Kinds of Contract Law
- Formation of Contract Law under Muluki Civil Code Act (Contractual Capacity, offer and Acceptance, Party Autonomy, Considerations)
- Void and Voidable Contract
- Performance of Contract
- Termination of Contract
- Concept, Meaning , Nature and Elements of law of tort
- Parties, Personal Capacity, Liability and remedies under law of Tort
- Major Legal provisions of Law of Tort in Nepal
- Civll and Criminal Justice system in Nepal
- Rationale of Justice Administration Act and its development
- Major legal provisions of Justice Administration Act, 2072
- Concept & Meaning, Scope, importance of ADR
- Kinds of ADR and Its utility in Nepal
- Local Judicial Committee, Court Rules on Mediation,
- Mediation Act
- Arbitration Act
- Laws related to cyber and its status in Nepal
- Meaning, Nature, Importance, Kinds and scope of Evidence Law
- Basic principles of Law of Evidence
- Fact in issues and Relevant Facts
- Classification of Evidence and Burden of Proof
- Meaning, Nature, of Taxation Law and Tax Justice system
- Principle of Taxation Law
- Fundamental Law and Taxation
- Income Tax. VAT, Land Tax related Laws in Nepal
- Tax administration and Judicial Remedies
- Introduction to banking system, Origin and Development of Banking
- Types of Bank and Difference between central bank and Commercial Bank
- Discussion on Laws relating to Bank and Financial Institutions (NRB Act, BAFIA, Banking offences and Punishment Act, 2073, )
- Definition, Nature and importance of Insurance Law
- General Principles of Law of Insurance
- Classification of Insurance (Life insurance, Non Life Insurance, Reinsurance etc)
- Prevailing insurance laws of Nepal (Regulatory authority, Insurer’s Liability Insurance Intermediaries)
- Meaning and Concept of Labour
- Major provisions of Labour Act and Labour Rules in Nepal
- International Law on Labour Issues
- (Laws related to Immigration and role of Government)
- Concept and Meaning, Nature of Organized Crime
- Human Trafficking Laws and its implications in Nepal
- Drugs Laws and its implication in Nepal
- Law related to Money Laundering and its implication in Nepal
- Corruption Law and its implication in Nepal
- Domestic Violence (Offence and Punishment Act, 2066,
- Juvenile Justice and Child Rights Act
- Crime Victims and Victim Justice system
- Rights and Role of Victims
- TRC and CIDP
- Concept of Impunity