Klaw 109: Legal Systems &Amp; Methods Question Paper
Klaw 109: Legal Systems &Amp; Methods
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2010
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 109
COURSE TITLE: LEGAL SYSTEMS & METHODS
STREAM: Y1S2
DAY: WEDNESDAY
TIME: 2.00 – 4.00 P.M.
DATE: 16/03/2011
INSTRUCTIONS:
1. Answer question 1 and any other 2 questions.
2. Question 1 is compulsory.
3. Question 1 carries 30 marks and each of the other questions carries 20 marks
1. (a) Compare and contrast adversarial and inquisitorial systems of delivery of justice.
10 marks
(b) Justice Haki: May the advocates approach the bench. Lady and gentleman, I have
looked at the pleadings from both of you in some detail. I note that the parties
have had a long-standing relationship, first as members of a particular community,
and second as business associates. It appears to me that it might be more beneficial
to pursue avenues that not only attempt to resolve the differences and recognize the
various interests of the parties, but also preserve the relationships that the parties
seem to have put so much effort in building. If this is aggreable to you, I would
like to mark this case SOG (Stood Over Generally) to allow you to
pursue alternative dispute resolution ADR mechanisms. Advocate for the Defendant: Your Honour, we appreciate the Court’s sentiments
and agree with your suggestion. Advocate for the Plaintiff: Your Honour, we have no objection to your suggestion. Justice Haki: Thank you. This case is marked as SOG. I expect to hear from you parties soon. You are a legal consultant. You have received a joint letter from the two advocates which says in part: “In order to enable us to make an informed choice and proceed with the issues before us, kindly provide us with a comprehensive legal opinion on:
i. The various Alternative Dispute Resolution (ADR) mechanisms that are
available for our consideration, and;
ii. The advantages and disadvantages of each of these mechanisms. 30 marks
2. (a) To what extent, if at all, does the judiciary engage in “judicial law-making”. 8 marks
(b) discuss the reasons which a court can use to overrule a binding precedent. 12 Marks
3. (a) Define the concept of interpretation and explain why it is important in the judicial
process. 5 marks
(b) Critically and with reference to provisions of the law and decided cases analyze the
principles of constitutional interpretation. 15 marks
4. Write brief but comprehensive notes on the following in the context of Kenya:
a. Nominated Members of Parliament. 5 marks
b. Ex-Official Members of Parliament. 5 marks
c. Democracy as a basis of the law-making power of the legislature. 5 marks
d. Delegated Legislation. 5 marks
5. ‘The judicial process is a labyrinth. It has many twists and turns which are nightmares
even for advocates who have practiced law for a considerable period. How, then, would
you expect a lay man – a mere mortal in the judicial sense – to navigate it without the
assistance of some qualified legal practitioner?’ anonymous. In light of the above
statement, present a critique of the judicial process in civil matters. 20 marks
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