Senior School Certificate Examination (XI-XII) Legal Studies 2018-19

CBSE Curriculum for Senior School Certificate Examination (XI-XII) Legal Studies 2018-19

37. LEGAL STUDIES CBSE
(Code No. 074)
Rationale
The Latin maxim ignorantia juris neminem excusat, in plain, which reads as ‘ignorance of law is not an
excuse’. This is one of the age old principles followed under the Roman Law and even in our own Common Law. If every person of discretion is to know what law is, an effort to teach law outside the remit of a
professional law school may have significant social benefits.
Law is a subject which has been traditionally taught in Universities for almost eight centuries. Learning law
outside the settings of a professional law school has a number of perceived benefits. Some familiarity with law enhances one’s understanding of public affairs and an awareness of one’s entitlements and duties as a citizen. It may also be helpful in eliminating some of the mistaken notions about law and some of the inveterate prejudices about law, lawyers and the legal system as such. Another advantage is that an understanding of law can undoubtedly encourage talented students to pursue a career in law – an objective
which is laudable in its own right.
The pitfalls of learning law outside the settings of a professional school are rooted in two key assumptions:
(1) law is too vast and complicated to be taught in a non-professional setting; (2) the lack of professional trainers and experienced teachers could lead to incorrect appreciation and understanding of law. If an understanding of law is mis-formed or ill-formed as some academicians think, it may require greater efforts to unlearn whatever was learnt earlier. Both these criticisms have attracted detailed scrutiny, but at least a
few countries have introduced law at the High School level.
The experience of countries that have introduced law has been by and large optimistic. The Central Board of
Secondary Education is introducing Legal Studies at the Class XI level. The proposal is to introduce one module in Class XI and a second module in Class XII.
Objectives
·     To provide a background of the evolution of the Indian legal system in a short and concise form.
· To focus on the applicability of justice, equity and good conscience and more importantly the development of Common Law system in India.
· To provide exposure on various systems of law such as Common Law, Civil Law, Hindu Law, Islamic Law etc.
· To develop an understanding of the essential features of the Indian Constitution, including the role and importance of Fundamental Rights, Separation of Powers, Structure and operation of Courts, concept of precedent in judicial functioning, the process of legislation, basic principles of statutory interpretation, etc
· To deal with principles of practical utility such as the concept of Rule of Law, principles of justice, differences between criminal and civil cases, the concept of crime and the fundamental theories of punishment, rights available to the accused at various stages of the criminal investigative process, or the key components of Human Rights, etc.
·     To understand the fundamental concept and subject matter of property, contract and tort.
· To understand the rudimentary aspects of contract law such as formation of contract, terms and conditions, discharge, etc.
·     To enables students to form an understanding of rights and duties and various categories of liability
principles which form the bedrock for an understanding of Law.
Class XI (2018–19)
One Paper                                                        Time: 3hrs.                                                       Marks: 100
S.No. Units Periods Marks
1 Theory and Nature of Political Institutions 40 20
2 Nature and sources of law 45 20
3 Historical Evolution of Indian Legal System 45 20
4 Civil and Criminal Courts and Process 45 20
5 Family Justice System 45 20
Total 220 100
CBSE Course Contents:
1.    Theory and Nature of Political Institutions
Concept of State/Nation
Organs of Government – Legislative, Executive and Judiciary
Separation of Powers – Parliamentary Sovereignty and Judicial Independence Constitutional Framework of India
40 Periods
2.    Nature and Sources of Law
Legislation – process, delegated and subordinate legislation
Case Law – Stare decisis, precedents within the hierarchy of courts Authoritative Sources
Custom  Law Reform
45 Periods
3.    Historical Evolution of Indian Legal System
Ancient Indian Law English Law in India
Administration of Justice in British India Charter of 1861 and subsequent Charters
Establishment of High Courts and the Federal Court Drafting of the Indian Constitution
Ancient Indian Law in Modern Legal Framework
45 Periods
4.    Civil and Criminal Courts and Process
The Civil Court Structure The Criminal Court Structure The Civil Process
The Criminal Process – investigation and prosecution
45 Periods
5.    Family Justice System Institutional Framework Marriage and Divorce Children
Domestic Violence
45 Periods
CBSE Class XII (2018–19)
One Paper                                                       Time: 3 hrs.                                                       Marks :100
S.No. Contents Periods Marks
1 Judiciary 35 15
2 Topics in Law 35 15
3 Arbitration, Tribunal Adjudication and Alternate Dispute Resolution 35 15
4 Human Rights in India 35 15
5 Legal Profession in India 35 15
6 Legal Services 35 15
7 International Context 10 10
Total 220 100
Course Contents:
1.    Judiciary
Constitution, Roles and Impartiality
Structure, Hierarchy of Courts, and Legal Offices in India Appointments, Trainings, Retirement and Removal of Judges Judicial Review
35 Periods
2.    Topics in Law Property Contracts Torts
Crimes Administrative Law
35 Periods
3.   Arbitration, Tribunal Adjudication and Alternate Dispute Resolution
Adversarial and Inquisitorial System Arbitration
Administrative Tribunals Ombudsman
Mediation and Conciliation Lok Adalats
Lokpal and Lokayukt
35 Periods
4.    Human Rights in India
Human Rights Laws – Constitution, Statutes
Complaint Mechanisms and Human Rights Commissions
35 Periods
5.    Legal Profession in India
History of Legal profession in India
Role and types of functions of judges and lawyers Barristers, Solicitors and Advocates
Changes Affected by Indian Advocates Act, 1961
35 Periods
6.    Legal Services Legal Services Boards Funding 35 Periods
7.    International Context Introduction to International Law Sources of International Law International Institutions
International Human Rights
10 Periods
CBSE QUESTION PAPER DESIGN
Legal Studies (Code: 074)                                                                                               Class-XII (2018-19)
Time: 3 Hours                                                                                                                     Max. Marks: 100
S.
No.
Typology of Questions Very Short Answer (1 Mark) Very Short Answer (2 Marks) Short Answer (4 Marks) Long Answer-I based on passages and Pictures (5 marks) Long Answer- II (6
Marks)
Marks %
Weigh- tage
1 Remembering- (Knowledge based simple recall questions, to know specific facts, terms, concepts, principles, or theories; identify, define, or recite, information) 1 2 2 22 22%
2 Understanding- (Comprehension – to be familiar with meaning and to understand  conceptually, interpret, compare, contrast, explain, paraphrase, or interpret information) 2 2 1 1 21 21%
3 Application (Use abstract information in concrete situation, to apply knowledge to new situations; Use given content to interpret a situation, provide an example, or solve a problem) 4 2 1 2 25 25%
4 High Order Thinking Skills (Analysis & Synthesis- Classify, compare, contrast, or differentiate between different pieces of information, Organize and/or integrate unique pieces of information from a variety of sources) includes Map interpretation 1 2 1 1 1 20 20%
5 Evaluation- (Appraise, judge, and/ or justify the value or worth of a decision or outcome, or to predict outcomes based on values) 1 1 1 1 12 12%
Total 1×8=8 6×2=12 6×4=24 4×5=20 6×6=36 100 100%

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