TOPIC 1
NATURE, PURPOSE AND CLASSIFICATION OF LAW
QUESTION 1
August 2024 Question One C
Discuss FIVE sources of law in your country. (10 marks)
QUESTION 2
August 2024 Question Five B
Outline FIVE matters which judges may consider to determine whether a dispute should be heard under African Customary Law. (5 marks)
QUESTION 3
December 2023 Question Two B
State THREE functions of law. (3 marks)
QUESTION 4
August 2023 Question One B
Highlight SEVEN characteristics of a good law. (7 marks)
QUESTION 5
April 2023 Question One B
List FIVE types of substantive law. (5 marks)
QUESTION 6
April 2023 Question Two A
Summarise FOUR differences between “civil” and “criminal cases”. (8 marks)
QUESTION 7
April 2023 Question Five B and C
b) Describe the procedure of making laws in parliament. (8 marks)
(c) Identify SIX challenges of common law that equity sought to mitigate. (6 marks)
QUESTION 8
December 2022 Question Two B and C
(b) Distinguish between “law” and “morality”. (4 marks)
(c) Subordinate courts are bound to apply the decisions of superior courts in subsequent similar cases where they have been pleaded as law.
Describe FIVE exceptions to this rule. (10 marks)
QUESTION 9
December 2022 Question Three C
Discuss FIVE types of precedents. (10 marks)
QUESTION 10
August 2022 Question One
(a) In relation to the classification of law, distinguish between:
(i) “Municipal law” and “international law”. (4 marks)
(ii) “Substantive law” and “procedural law”. (4 marks)
(b) Distinguish the remedies available in civil law and those available under criminal law. (4 marks)
(c) State eight sources of law identified by the Judicature Act. (8 marks)
QUESTION 11
August 2022 Question Six C
Discuss four advantages of the doctrine of “stare decisis”. (8 marks)
QUESTION 12
April 2022 Question Five B
(i) Examine four salient features that define the Supremacy of the Constitution of a country. (8 marks)
(ii) Highlight two ways in which a Kadhis Court might apply Islamic law. (2 marks)
QUESTION 13
December 2021 Question One A, B and C
(a) Describe two advantages that unwritten law has over written law. (4 marks)
(b) Identify five factors that are likely to undermine the rule of law. (5 marks)
(c) Explain six grounds for judicial review. (6 marks)
QUESTION 14
December 2021 Pilot Paper Question One A
Customary law is a source of law in many countries. However, it must fulfill the criteria set before it is accepted as a source of law.
With reference to the above statement, outline the criteria to be fulfilled. (10 marks)
QUESTION 15
August 2021 Question One A and B
a) Distinguish between “criminal law” and “civil law”. (6 marks)
(b) Explain four disadvantages of using African Customary Law as a source of law. (8 marks)
QUESTION 16
May 2021 Question one A
Explain four features of the civil law system. (8 marks)
QUESTION 17
May 2021 Question Three B and C
b) Identify four common characteristics of law. (4 marks)
c) Explain three types of delegated legislation. (6 marks)
QUESTION 18
November 2020 Question One C
In the context of sources of law:
(i) Explain two forms that a persuasive precedent might take. (2 marks)
(ii) Itemise six components of a judicial precedent (judgment). (6 marks)
QUESTION 19
November 2020 Question Two A
(i) Highlight six similarities between law and morality (6 marks)
(ii) Identify four ways in which law might be classified. (4 marks)
QUESTION 20
November 2020 Question Four A
Describe the requirements that an administrative body must meet in making an administrative decision in order to avoid a review of its decision by the courts. (6 marks)
