Tribhuvan University
2066
LL.M/I year/LAW Full Marks: 100
Comparative Jurisprudence Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
1. Do you find any distinction between legal theory; legal philosophy and jurisprudence? Clarify and show the scope and importance of jurisprudence in the study of law with special reference to Nepal
2. Hart is regarded as the leading contemporary representative of British positivism. But it seems, he is not as hard as his predecessors. Hart has attempted to restate a natural law position from a semi-sociological point of view. He concentrates upon certain facts of human nature and postulates minimum content of natural law. It seems positivism and natural law are coming together in this legal philosophy. What are the minimum content of natural law enumerated by Hart? Discuss and evaluate the role of hart in legal theory as a philosopher of law.
3. Durkheim, the great French sociologist takes a considerable interest in legal phenomena and sees law as the measuring rod of any society. Law, he thinks, reproduces the principal forms of social solidarity. How, does he explain his thesis of social solidarity and how is he thesis distinct from the principle of social solidarity of Duguit? Compare and contrast.
4. One sees Feminist Jurisprudence as a off shoot of the critical legal studies while other sees it as a development from the women’s movement more generally. How do you observe the emergence of feminist jurisprudence in the Nepali perspective? Discuss and show the contributions of the Supreme Court of Nepal through its notable decisions in promoting the Feminist Jurisprudence.
5. What is the concept of “justice” in your opinion? What are the Aristotelian principles of justice? It is stated that the pioneer analysis of justice of Aristotle still plays a crucial role in promoting the social solidarity of a society. Do you agree? Evaluate his principles of justice with special reference to Nepal.
6. What do you mean by ‘Sanctity of person?’ Explain. How has the Supreme Court of Nepal been able to maintain the ‘sanctity of person’ through its decisional process? Refer the selected decisions of the Supreme Court in this regard.
7. Explain the Concept of ownership and discuss its function in social ordering. How does the concept of ownership differ from possession? Discuss.
8. Write short notes on any THREE of the followings:
a) Law as a instrument of social change
b) Public interest litigation in Nepal
c) Social engineering theory of Roscoe pound
d) Relationship between Rights and Duties
e) Scandinavian Realism.
Tribhuvan University
2066
LL.M/I year/LAW Full Marks: 75
Research Methodology Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any FOUR questions.
1. Why the importance of interdisciplinary research is growing day by day and considered very important for the over all development of any nation? Give reasons in support of your answer.
2. A research studies can enhance the critical and analytical thinking of the students. Discuss.
3. Why do you think research design is very important to achieve the true goal of research? Explain.
4. What is doctrinal research and how advancement of knowledge is possible through this research? Discuss.
5. Define sampling and explain the types of sampling.
6. Write short notes on any THREE of the following:
a) Applied research
b) Measurement
c) Hypothesis
d) Interview
e) Survey
Tribhuvan University
2066
LL.M/I year/LAW Full Marks: 100
Commercial Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions:
1. “A company is however a person in the eye of the law and it can claim the protection of such fundamental rights as are guaranteed to all persons whether citizens or not. “Examine this statement with reasons.
2. What was the initial justification for propounding the doctrine of utar vires in regard to corporate activities? Does the justification still prevail? Give reason with relevant cases.
3. “Directors are the mere trustees and agents of the company.”Examine this proposition in the light of the legal provision prescribed by the companies Act, 206 of Nepal.
4. Examine the various legislative steps taken by the government to curb Monopolistic Restrictive trade practices (MRTP) for the promotion of competitive market and consumer’s protection in Nepal.
5. Critically examine the concept of “social responsibility of corporation.” Do you consider the Nepalese corporate sector is observing and it capable to observe these responsibilities? Answer with reasons by comparing the provisions prevailing in other natural jurisdictions.
6. Explain the concept of ‘derivative actions’ under modern company law. Examine critically the current legal provisions which address the difficulties faced by minority shareholders in seeking redress against the unauthorized conduct of the company.
7. Discuss the concept and process of stock market. Explain how does NEPSE and SEBO play important role for protecting the interests of investors in the securities market of Nepal.
8. Write short notes on any THREE of the followings:
a) Single member company
b) Company secretary
c) Winding up of a company
d) Fixed and floating charge of a company
e) Audit committee.
Tribhuvan University
2066
LL.M/I year/LAW Full Marks: 100
Constitutional Law (614) Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions:
1. Compare and contrast the American federalism with the Indian Federalism. Analyze the basic features of a federal constitution and suggest the appropriate model of federal constitution for adoption in Nepal.
2. “When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty…… Again; there can be no liberty, if the power of judging is not separated from the legislature and the executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be the legislator. Where it joined to the executive, the judge might behave with violence and oppression. There would be end of everything, if the same ma, or the same body, - whether of the nobles or the people, where the exercise those three powers- that of enacting laws, that of executing public affairs, and that of trying crimes or individual causes.” In the light of the given statement critically examine the theory of separation of powers as laid down by Montesquieu and its subsequent advancement in the present day world.
3. Examine the concept and content of the rule of law. Making an assessment of the rule of law situation in Nepal, offer some suggestions, to the institutions responsible for the effective enforcement of the rule of law in Nepal.
4. The beauty of democracy lies in the constructive role played by the opposition. Now in Nepal, the constituent assembly requires no opposition to make a new constitution whereas the opposition is necessary international eh parliament. Critically evaluate the role of opposition in the constitution making process and the parliamentary affairs citing the relevant constitutional provisions prevailing in some foreign jurisdictions.
5. Critically discuss the basics of judicial independence. Give your considerations as to preserving the judicial independence in Nepal.
6. Discuss the powers and functions of the commission for investigation of abuse of authority (CIAA) and evaluate its role in succeeding corruption control in Nepal. Critically analyze its strength and weaknesses.
7. Write short notes on any THREE of the followings:
a. Preamble of the constitution
b. Ministerial responsibility
c. Parliamentary privileges
d. Constituent power vis-ả- vis legislative power
e. Presidential system in Nepal.
