Pass path: Master definitions of Law, Substantive Law, and Procedural Law in Part 1. Top path: Diagram Nepal Tourism Legislation Hierarchy, contrast Civil Law vs Criminal Law in Part 3, and solve the Distinguishing Substantive from Procedural Violations ladder in Part 4.
Part 1: Core Concepts (2 Marks)
- ★ Law: A body of enforceable rules and principles governing human conduct and business transactions, enacted by sovereign authority and backed by the coercive power of the state.
- Substantive Law: The statutory law that defines, creates, and regulates legal rights, duties, and liabilities (e.g., Consumer Protection Act 2075).
- Procedural Law: The law that prescribes the methods, mechanisms, and legal procedures for enforcing those substantive rights in a court of law (e.g., National Civil Procedure Code 2074).
- Stare Decisis (Precedent): The legal doctrine obligating lower courts to follow previous binding legal principles established by higher courts (Supreme Court of Nepal).
- Right to Trade and Business (Article 17-2-d): The fundamental constitutional right guaranteed to every Nepali citizen to practice any profession, or establish and operate any enterprise or industry.
Part 2: Structural Frameworks (10 Marks)
Nepal Tourism Legislation Hierarchy
The Judicial Hierarchy and Sources of Law in Nepal
HIERARCHY OF COURTS IN NEPAL
- SUPREME COURT (Apex Court; Constitutional Interpretation;
- Binding Precedents across the entire realm)
- v
- HIGH COURTS (7 Provincial Courts; Appellate Jurisdiction)
- v
- DISTRICT COURTS (77 District Courts; Original Jurisdiction)
- v
- SPECIALIZED TRIBUNALS: Labor Court, Administrative Court
Core Sources of Law in Nepal:
- Legislation (Acts of Parliament): Primary enacted statutory laws (Tourism Act 2035, Labor Act 2074).
- Precedents (Najir): Rulings and interpretations published by the Supreme Court in the Nepal Kanoon Patrika (NKP).
- Customs and Usages: Ancient, continuous, reasonable, and non-statutory practices accepted by communities.
Part 3: Distinction Tables
| Basis of Comparison | Civil Law | Criminal Law |
|---|---|---|
| Core Objective | Dispute resolution and financial compensation to the aggrieved party | Punishment, deterrence, and societal retribution for public wrongs |
| Initiator of Case | Private individual or corporate plaintiff | State Prosecutor / Government of Nepal on behalf of society |
| Burden of Proof | Preponderance of probabilities (balance of evidence) | Proof beyond a reasonable doubt |
| Typical Remedies | Damages, monetary compensation, injunctions, restitution | Imprisonment, criminal fines, asset confiscation |
Part 4: Worked Problems & Exam Traps
★ Worked Problem: Distinguishing Substantive from Procedural Violations
- Scenario: A hotel is sued by a guest for food poisoning.
- The guest asserts the hotel violated their legal right to safe food under the Consumer Protection Act 2075 (Substantive Law).
- The hotel’s lawyer claims the lawsuit must be dismissed because the guest filed the lawsuit 9 months after the incident, violating the 6-month statutory limitation period (Hadd-Myad) prescribed by the National Civil Procedure Code 2074 (Procedural Law).
- Judicial Outcome: The court will dismiss the lawsuit without evaluating the food poisoning evidence because the procedural limitation period was breached.
TU Exam Trap: Do not confuse Precedent with ordinary court orders. A precedent (Najir) is strictly an authoritative legal interpretation formulated by the Supreme Court of Nepal; decisions of District Courts or administrative bodies do not establish binding precedents for other courts.
Students lose marks here because they confuse Precedent with ordinary court orders.