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Legal Systems Question Paper

Legal Systems 

Course:Diploma In Criminology And Criminal Justice

Institution: University Of Nairobi question papers

Exam Year:2011



You are expected to do all the questions.
1.Define the term "Sources of Law". Describe the main source of law in Kenya.
2.Distinguish between "written law" and "unwritten law"
3.( a )What do you understand by the term "sources of law in Kenya as outlined under Judicature Act Cap .8 of the Laws of Kenya.
(b) it has been argued that subsidiary legislation is one the sources of law in Kenya. What conditions must subsidiary legislation meet before it can be properly applied as law.
4."It should be noted that equity is a gloss upon the common law.It has developed to supplement the common law and not to supplant it." Discuss
5.(a)What conditions must an African Custom satisfy before it is recognized as part of African Customary Law?
(b)Distinguish between statute law and case law.
6.Distinguish between
(a) Common law and equity law
(b)common law and statute law
7."Equity is a mere gloss on the common law". Discuss
8.Explain the nature of the doctrine of judicial precedent. To what extent are precedents absolutely binding?
9."The doctrine of equity and the substance of the English common law remain a source of the Kenya". Discuss.
10.To what extent do you consider that judges"make law" What are the limitations which face the judiciary in this respect?
11. What are the main advantages
12.Explain the main forms of delegated legislation.What forms of control over the delegated legislation are exercised by the courts?
13.Explain the following as sources of law in Kenya
(a) The Constitution of Kenya
(b)Islamic Law
13.Explain the following as sources of law in Kenya:
and disadvantage of a case law?
14.Explain the process of legislation in Kenya.
15.State the rules applied by the court of law in the interpretation of a statute
16.Describe the legal and equitable rights and remedies.
17.To what extent are the following sources of Kenya law:-
(a) Substance of the common law of England
(b)The doctrine of equity,
(c)Acts of Parliament of the United Kingdom,
(d) Decisions of the High Court of Kenya,
(e)Islamic law?






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