Civil and Criminal Law and Justice | Curriculum | Grade 12-XII | Subject Code: Ccl.320 | 2076 | DOWNLOAD in PDF
DhanRaj's Blog (drg vlogs) presents you the Curriculum of Grade 12-XII of the subject Civil and Criminal Law and Justice with Subject Code-Ccl.320 NEB 2076-2020. Check and download in PDF file of Civil and Criminal Law and Justice curriculum class 12-XII 2076-2020. 2076 New Curriculum of Grade 12-XII Civil and Criminal Law and Justice Subject with subject code-Ccl.320 and download it in PDF file. Enjoy!
1. Introduction
In the realm of justice, the civil matters are concerned with the everyday life of general people. In large number of affairs, the individual citizens are involved in transaction without any involvement in the formal or government institutions. Often, the transaction generates disputes, and the state's judicial and quasi-judicial bodies, including process of arbitration and mediation of disputes by parties themselves, must handle such issues to set forth justice. This curriculum acquaints the student with core principles and methods of civil and criminal justice system of Nepal and also explores the historical development, current operation, and future trends of civil and criminal justice.
This curriculum familiarizes the student with the terms, procedures, principles of substantive civil matters and laws related to it. The civil law and justice part provide a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation and justice. It covers the Nepali criminal system through a review of the history of criminal law and present criminal justice system. The students will examine both the reasoning behind criminal law, the practical applications of the law, and current issues in the enforcement of the law.
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The curriculum has been offered as per the structure of National Curriculum Framework. It provides a comprehensive outline of level-wise competencies, grade-wise leaning outcomes and scope and sequence of contents, suggested practical/project activities, learning facilitation process and assessment strategies so as to enhance the learning on the subject systematic.
2. Competencies
At the end of this course, the students will have developed the following competencies:
1. Explain the concept of civil law with reference to Nepalese legal provisions.
2. Analyze the general principles of civil and criminal law and justice, with emphasis to Nepalese context and Muluki Civil and Criminal codes.
3. Describecore process of the civil law, litigation system, and judicial proceedings as prescribed by the laws of Nepal.
4. Demonstrate understanding of general modality of criminal justice system including concept of crime, criminal law and punishment of Nepal.
5. Distinguish between civil and criminal litigation and procedures.
6. List the major crimes in Nepal and discuss the legal procedures and punishment for them.
7. Explore and analyze the civil and criminal cases and their application in practical contexts.
3. Grade-wise Learning Outcomes
S.No. | Content Area | Learning outcomes |
---|---|---|
1 | Introduction to Civil Law and Justice | 1.1 Examine the concept, nature, scope and importance
of civil law and justice. 1.2 Distinguish civil law and justice and criminal law and justice. 1.3 Explain the principles of civil law. 1.4 Identify and explain the features of Muluki Civil Code, 2074. |
2 | Introduction to Property Law | 2.1 Explore and examine the concept of property and
property law of Nepal. 2.2 Compare and contrast various types of property and property law related concepts like partition, gifts and donations, inheritance and succession. 2.3 Analyze the basic strengths and weaknesses of the property law of Nepal. |
3 | Introduction to Law of Marriage and Divorce | 3.1 Explain the concept of marriage and divorce. 3.2 Recognize different types and forms of marriage. 3.3 Identify the different legal criteria of marriage and divorce. 3.4 Illustrate valid, void and voidable marriage and applicable legal provision. 3.5 Highlight the process and conditions of claiming alimony. |
4 | Law Concerning Adoption | 4.1 Explain the concept of adoption and its significance. 4.2 Compare national and inter-country adoption under the Muluki Civil Code and Muluki Civil Procedure Code, 2074. 4.3 Recognize prerequisite of valid adoption. 4.4 List the procedure of adoption in Nepal. 4.5 Describe the rights of adopted child and process of revocation of adoption. |
5 | Law of Contract | 5.1 Demonstrate a broader understanding about meaning
and importance of contract and laws on contract. 5.2 Compare and contrast various types of contracts. 5.3 Illustrate and examine valid, void, voidable and contingent contract. 5.4 Evaluate remedies available upon breach of contract. |
6 | Introduction to Criminal Law and Justice | 6.1 Develop concept and definition of crime. 6.2 Classify crime. 6.3 Illustrate different types of criminal liability. 6.4 Categorize and assess the elements of crime. 6.5 Interpret various kinds of inchoate offences. |
7 | Punishment System | 7.1 State various types of punishment. 7.2 Explain various theories of punishments. |
8 | Development of Criminal Justice in Nepal | 8.1 Trace the historical development of criminal justice
system in Nepal. 8.2 Identify the features of criminal justice system during different dynasties. 8.3 Compare traditional criminal justice system and modern criminal justice system of Nepal. |
9 | Some Major Crimes | 9.1 Explain and examine the major types of crime
including their procedure and punishments as per
Muluki Criminal Code, 2074. 9.2 Classify major crimes based on its punishments, severity and intensity. |
10 | Major Principles of Criminal Law | 10.1 Describe therights of suspects and accused
guaranteed by the constitution and laws of Nepal. 10.2 Discover the major principles of criminal law enshrined in the Muluki Criminal Code, 2074 and Sentencing Act, 2074. 10.3 Safeguard and advocate the rights of accused and suspects. |
11 | Victim Justice | 11.1 Explain about crime victim. 11.2 Illustrate the rights of the crime victim. |
4. Scope and Sequence of Contents
S.N. | Content Area | Contents | Working hours |
---|---|---|---|
1 | Introduction to Civil Law and Justice | 1.1 Concept, nature and scope of civil law and justice 1.2 Importance of civil law and justice 1.3 Principles of civil law under Muluki Civil Code, 2074 1.4 Characteristics of civil law and justice 1.5 Differences between civil law and justice and criminal law and justice |
6 |
2 | Introduction to Property Law | 2.1 Concept and types of property law 2.2 Law of property transaction 2.3 Law of gift and donations 2.4 law of partition 2.5 Law of succession/inheritance 2.6 Registration of property ownership |
12 |
3 | Introduction to law of Marriage and Divorce | 3.1 Definition and types of marriage 3.2 Legal criteria of marriage 3.3 Valid, void and voidable marriage 3.4 Divorce and criteria of divorce 3.5 Alimony |
12 |
4 | Law Concerning Adoption | 4.1 Concept of adoption 4.2 Requirements for valid adoption 4.3 Procedures of adoption 4.4 Rights & responsibilities of adopted children and Parents 4.5 Revocation of adoption 4.6 National and inter-country adoption |
12 |
5 | Law of Contract | 5.1 Meaning and elements of contract 5.2 Kinds of contract (valid, voidable, void) 5.3 Performance and breach of contract and their remedies |
12 |
6 | Introduction to Criminal Law and Justice | 6.1 Concept and definition of crime, crime victim and
criminal law 6.2 Classification of crime: simple, grievous, heinous 6.3 Concept and nature of crime and criminal law 6.4 Types of criminal liability 6.5 Elements of crime-actus reus (commission, omission and the state of affairs) and mens rea (intention, recklessness, negligence), transferred malice 6.6 Stages of crime: preparation, planning, conspiracy, attempt and completion of crime 6.7 Inchoate offences |
10 |
7 | Punishment System | 7.1 Concept and meaning of punishments 7.2 Types of sentence: physical, pecuniary, community punishment 7.3 Theories of punishment: retributive, deterrence, preventive, reformative |
10 |
8 | Development of Criminal Justice in Nepal | 8.1 Historical development of criminal justice system
in Nepal 8.1.1 Kirat dynasty 8.1.2 Lichhavi dynasty 8.1.3 Malla dynasty 8.1.4 Shah dynasty and Rana period 8.2 Modern era of Nepali criminal justice system |
9 |
9 | Some Major Crimes | 9.1 Offence against documents 9.1.1 Forgery of documents 9.1.2 Fraud of document 9.1.3 Abuse or forgery of government documents 9.2 Offence against property: theft & dacoit, cheating, looting 9.3 Offence against person: homicide, physical assault, trafficking of drugs and trafficking in persons, kidnapping, sexual offences (rape, indecent assault, pedophile, sexual harassment) |
25 |
10 | Major Principles of Criminal law | 10.1 Some important principles of criminal law 10.1.1 Ignorance of law is no excuse 10.1.2Nullem crimen sine lege 10.1.3 Principles of double jeopardy 10.1.4 Crime dies with criminal 10.1.5 Principles of ex post-facto law 10.1.6Actus non facitreum nisi mens sit rea 10.2 Procedural rights of the suspects 10.2.1 Right to have notice and information about arrest and criminal proceedings 10.2.2 Right against torture and right to have compensation for torture 10.2.3 Right to have counsel and legal representation from lawyers of choice 10.2.4 Right against detention except judicial remand 10.2.5 Right to remain silence 10.2.6 Right against double jeopardy |
6 |
11 | Victim Justice | 11.1 Introduction to crime victim 11.2 Rights of crime victims 11.2.1 Right to have notice of case proceedings 11.2.2 Right to privacy 11.2.3 Right to compensation 11.2.4 Right to restoration, reintegration and rehabilitation 11.3 Duty of crime victim |
6 |
Total | 120 |
5. Practical Activities
Practical is integral part of Secondary Education Curriculum. It focuses more on skill development than knowledge building. It consists of project work, group work, presentation, observation, internship etc. Total of 40 hours has been designated to practical activities and will be carried out under the guidance and monitoring of teacher. Following are only sample practical activities, teacher can assign any relevant practical activity as per requirement.
S.N. | Unit | Practical activities | Working Hours |
---|---|---|---|
1 | Introduction to Property Law | 1.1 Project work on categorizing various kinds of
property claim followed by report writing and
presentation 1.2 Demonstration of various ways of registration of the property or partition of property |
4 |
2 | Introduction to law of Marriage and Divorce | 2.1 Studying the case laws published in Nepal Kanoon
Patrika, Supreme Court Bulletin, etc. related to
marriage or divorce, divorce including property
claim and writing a report 2.2 Preparing a case study of any case of divorcefrom the students' local community. Teachershould provide sample or hypothetical case study for reference |
6 |
3 | Law Concerning Adoption | 3.1 Conducting debate on the national adoption between the country and inter country | 4 |
4 | Law of Contract | 4.1 Drafting of various types of contract documents based on its validity, void, and voidable | 4 |
5 | Punishment System | 5.1 Conducting speech on significance of punishment
based on its types 5.2 Preparing charts of various types of punishment followed by report writing and presentation |
6 |
6 | Development of Criminal Justice in Nepal | 6.1 Making charts of crime and punishment system of
various dynasties and display in classroom 6.2 Presenting the chronological development of the modern criminal justice system based on its sources |
4 |
7 | Some Major crimes | 7.1 Compiling various news article, paper cutting related to major crimes of specific period preparing report and doing presentation | 8 |
8 | Major Principles of Criminal Law | 8.1 Writing a report based on the lecture by an expert
or a practitioner on the real life experiences related
to the principles of the criminal law and the rights
of the suspects 8.2 Prepare questionnaire for interview with a person related to the principles of criminal justice |
4 |
Total | 40 |
Note: Each student should maintain a file to keep all the records of the practical activities. For the internal assessment, the same is to be taken as the reference.
6. Learning Facilitation Method and Process
The teacher shall use appropriate methods and techniques for facilitating learning on the part of the students. The selection of methods and techniques depends on the learning objectives, subject matter, class size, and classroom facilities and so on.Some methods and techniques appropriate for delivering the course are as follows:
(a) Socratic method (b) Question & answer (c) Group/individual work (d) Discussion (e) Problem solving (f) Demonstration (g) Observation (h) Project method (i) Field visit (j) Case method (k) Inquiry (l) Collaborative learning (m) Interactive lecture (n) Role play and simulation (o) Seminar (p) Clinical method
7. Student Assessment
Assessment is an important aspect of teaching learning process which serves two purposes: assessment of learning and assessment for learning. Both formative and summative evaluation will be carried out to measure the student's learning. Formative assessment is mainly to bring improvement in students' learning and it is to be done on continuous basis.
The following strategies could be used for the formative assessment:
↦ Assessment of students' everyday learning through appropriate technique like question answer, home work.
↦ Presentation of assignments by the students.
↦ Students' participation in discussion and other class tasks.
↦ Project work completion.
↦ Weekly, monthly and trimester tests.
Summative assessment will be done through internal and external evaluation.
a. Internal Evaluation
The internal evaluation carries 25% of weightage for final evaluation of student achievement. The internal assessment consists of different aspects as shown in the table below.
S.N. | Criteria | Marks |
---|---|---|
1 | Classroom participation (Daily attendance, home assignment and classwork, participation in activities) | 3 |
2 | Trimester exam (3 marks from each trimester exam) | 6 |
3 | Project/ractical works, reports and presentation, viva | 16 |
Total | 25 |
b. External Evaluation
The external evaluation of the students' learning will carry 75% weightage and will be based on written examination. The types and number of question will be as per the test specification chart developed by the Curriculum Development Centre.
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