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SAMPLE WORK
Complete copy of CPA INTRODUCTION TO LAW AND GOVERNANCE Revision Kit is available in SOFT copy (Reading using our MASOMO MSINGI PUBLISHERS APP)
Phone: 0728 776 317
Email: info@masomomsingi.com
UNIT DESCRIPTION
This paper is intended to equip the candidate with the knowledge, skills and attitude that will enable him/her to apply the principles of law and legal systems in an entity and ensure compliance with basic principles of governance and ethics.
LEARNING OUTCOMES
A candidate who passes this paper should be able to:
- Demonstrate knowledge of essential elements of the legal system
- Demonstrate knowledge of legal personality
- Apply law of contract and tort in various scenarios
- Apply general principles of business law in practice
- Apply fundamental principles of ethics in practice
- Comply with fundamental principles of governance
CONTENT
- Nature, Purpose and Classification of Law
1.1 Meaning of law
1.2 Nature of law
1.3 Purpose of law
1.4 Classification of law
1.5 Law and morality
1.6 The Constitution
1.7 Legislation and delegated legislation
1.8 Substance of common law and doctrines of equity
1.9 African customary law
1.10 Islamic law, Hindu law and African customary law
1.11 Judicial precedence
1.12 General rules of International law and ratified treaties
- Administrative Law
2.1 Meaning of administrative law
2.2 Sources of administrative law
2.3 Functions of administrative laws
2.4 Doctrine of separation of powers
2.5 Delegated legislation
2.6 Control of delegated legislation
2.7 Discretion and Judicial count of executive
2.8 Liability of state (contractual/ tortious)
2.9 Principles of natural justice
2.10 Judicial control of the Executive
2.11 Independence of Judiciary
2.12 Remedies in administrative law (mandamus, certiorari, prohibition, habeas corpus; injunction and declaration)
- The Court System
3.1 Establishment, structure, composition and jurisdiction of courts
3.2 Supreme Court
3.3 Court of Appeal
3.4 High Court
3.5 Employment and Labour Relations Court
3.6 Environmental and Land court
3.7 International Court of Justice
3.8 Magistrates Court
3.9 Court Martial
3.10 Kadhi’s Court
3.11 Distinction between Courts and Tribunals
- Alternative Dispute Resolutions (ADR)
4.1 Nature of alternative dispute resolutions (ADR)
4.2 Nature and types of disputes
4.3 Legal framework governing ADR
4.4 General principles of ADR
4.5 Negation and Conciliation
4.6 Mediation
4.7 Arbitration
4.8 Dispute Review Boards
4.9 Traditional dispute resolution mechanisms
- Law of Persons
5.1 Natural and artificial persons
5.2 Nationality, citizenship and domicile
5.3 Unincorporated and incorporated associations
5.4 Co-operative societies
- Law of Tort
6.1 Nature of tort
6.2 General defenses under tort
6.3 Negligence
6.4 Types of liabilities in tort
6.5 Trespass
6.6 Limitation and survival of actions
6.7 Remedies in tort
6.8 Principles in awards damages
6.9 Defamation
- Law of Contract
7.1 Definition of a contract
7.2 Classification of contracts
7.3 Essentials of a valid contract
7.4 Terms of a contract
7.5 Exemption clauses
7.6 Vitiating factors
7.7 Discharge of contract
7.8 Remedies for breach of a contract
7.9 Limitation of actions
7.10 Contract negotiation
7.11 Information technology and the law of contract
- Sale of Goods
8.1 Nature of the contract of sale of goods
8.2 Types of goods
8.3 Formalities of the contract
8.4 Terms of the contract
8.5 Implied terms by statute, custom/usage
8.6 Rights and duties of the parties
8.7 Remedies for price and breach of contract
8.8 Auction sales
8.9 International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DDU, Ex-works and Ex-ship
- Agency
9.1 Meaning and nature of the agency contract
9.2 Types of agents
9.3 Parties to the agency relationship
9.4 Creation of agency
9.5 Authority of an agent
9.6 Rights and duties of the parties
9.7 Personal liability of agents
9.8 Liability of the parties
9.9 Termination of agency
- Partnership
10.1 Nature of partnership
10.2 Registration process and requirements of partnership business
10.3 Types of partnerships
10.4 Rights, duties and liabilities of existing, incoming and minor partners
10.5 Management of partnerships
10.6 Dissolution of partnerships and its consequences
- Indemnity and Guarantees
11.1 Essential features of indemnity
11.2 Nature and extent of liability of indemnifier
11.3 Commencement of liability of indemnifier
11.4 Nature of the contracts; essential features of contract guarantee; distinction between contract of guarantee/ indemnity extent of nature and surety
11.5 Obligations of surety
11.6 Discharge of surety
11.7 Letters of credit
11.8 Rights and duties of the parties
11.9 Termination of the contract
11.10 Remedies for breach of contract
- Insurance
12.1 Nature of the contract; types, parties to negotiable instrument
12.2 Formalities of the contract
12.3 Types of risks
12.4 Parties to the contract of insurance
12.5 Principles of insurance
12.6 Types of insurance
12.7 Transfers and amalgamation
12.8 Termination of the contract
12.9 ICT and insurance
- Negotiable Instruments
13.1 Nature and characteristics
13.2 Negotiability of the instrument
13.3 Types: Cheques, promissory notes, bills of exchange
13.4 Types of crossings
13.5 Obligations of the parties
13.6 Banker- customer relationship
13.7 Presentment; purpose, time, place
13.8 Discharge from liability
13.9 Modes of discharge
13.10 Dishonour, mode of dishonour, nature of protest, penalties for dishonour
13.11 Acceptance for honour
13.12 Criminal liability
- The Law of Property
14.1 Definition of property
14.2 Classification of property (real and personal, movable and immovable, tangible and intangible)
14.3 Property in land: Private, public and community land
14.4 Interests in land: Estates, servitudes and encumbrances
14.5 Intellectual property: Plant breeder’s patents, trademarks, copyrights and industrial designs
14.6 Administration and management of land
14.7 Sectional properties
14.8 Management company
14.9 Obligations of lessor and lessee in sessional property Act
14.10 Transfer of land rights
14.11 Role of professionals (Advocates, Certified Secretaries) in land transactions
- Introduction to corporate governance
15.1 Corporate governance – Definition and objects
15.2 Principles of corporate governance
15.3 Best practice in corporate governance
15.4 Role of stakeholders (shareholders, Board of Directors, Government)
15.5 Conflict of interest – Investor education and protection of shareholders
15.6 Compliance obligations
15.7 Legal Audit- definition and objects
- Professional Ethics
16.1 Introduction and overview of professional ethics
16.2 Professional misconduct
16.3 Publicity and advertisement
16.4 Morality and etiquette
16.5 Professional ethics for accountants, corporate secretaries
16.6 Ethics and practice within a firm
16.7 Enforcement of professional ethics and standards
PART A
PAST PAPERS QUESTIONS
TOPIC 1
NATURE, PURPOSE AND CLASSIFICATION OF LAW
QUESTION 1
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 2
December 2022 Question Three C
Discuss FIVE types of precedents. (10 marks)
QUESTION 3
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 4
August 2022 Question Six C
Discuss four advantages of the doctrine of “stare decisis”. (8 marks)
QUESTION 5
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 6
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 7
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 8
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 9
May 2021 Question one A
Explain four features of the civil law system. (8 marks)
QUESTION 10
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 11
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 12
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 13
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)
QUESTION 14
November 2019 Question One A
Outline four ways through which the Supremacy of the Constitution is manifested. (4 marks)
Identify eight sources of law in your country. (8 marks)
QUESTION 15
November 2019 Question Four A
In the context of classification of law, state:
- Four modes of sentencing that a court might impose on an offender. (4 marks)
- Four modes of judgement that a plaintiff might be awarded. (4 marks)
QUESTION 16
May 2019 Question Two B and C
b) Distinguish between “substantive” and “procedural” law. (4 marks)
c) Explain three reasons why Parliament delegates law making powers. (6 marks)
QUESTION 17
May 2019 Question Seven D
List four examples of law which fall under criminal law. (4 marks)
QUESTION 18
November 2018 Question One A and B
(a) Outline six properties of law. (6 marks)
(b) In relation to the sources of law:
(i) Distinguish between an “amendment” and a “repeal” of a law. (4 marks)
(ii) Identify four examples of persuasive precedents. (4 marks)
QUESTION 19
November 2018 Question Two A and B
(a) Explain the meaning of the term “written law”. (4 marks)
(b) The legislative power of parliament is exercisable through bills passed by the National Assembly.
With reference to the above statement, explain three types of bills that might be presented to parliament in your country. (6 marks)
QUESTION 20
May 2018 Question One A
With specific reference to sources of law:
(i) Explain three advantages of an unwritten constitution over a written one. (6 marks)
(ii) Distinguish between “obiter dicta” and “ratio decidendi”. (4 marks)
QUESTION 21
May 2018 Question Six D
Identify four branches of civil law. (4 marks)
QUESTION 22
November 2017 Question Five A
- List three functions of international treaties. (3 marks)
- Outline five sources of international law. (5 marks)
QUESTION 23
November 2017 Question Seven C
Highlight six reasons why the law is important in commercial transactions. (6 marks)
QUESTION 24
May 2017 Question Three B
Describe four purposes of law. (4 marks)
QUESTION 25
May 2017 Question Five C and D
Highlight three disadvantages of case law as a source of law. (6 marks)
During legislation, a bill might either undergo assent or referral. Summarise the process of Presidential assent. (4 marks)
QUESTION 26
November 2016 Question Three B and C
b) Explain three advantages of statutes as a source of law. (6 marks)
c) Distinguish between “civil law” and “criminal law” on the basis of the following aspects:
(i) The parties. (4 marks)
(ii) The burden of proof. (2 marks)
QUESTION 27
November 2016 Question Five C
Describe four roles of the Attorney General in your country. (8 marks)
QUESTION 28
May 2016 Question One A
In relation to the sources of law:
- Explain the meaning of the term “common law”. (4 marks)
- State four characteristics that a custom under African customary law should satisfy to be enforceable. (4 marks)
- Describe two types of judicial precedents. (4 marks)
QUESTION 29
May 2016 Question Six A
Explain five rules that govern distribution of losses and assets upon dissolution of a partnership. (10 marks)
QUESTION 30
May 2016 Question Seven B
Explain the differences between “criminal law” and “civil law”. (6 marks)
QUESTION 31
November 2015 Question One A and B
a) Explain five main branches of civil law. (10 marks)
b) Justify the need for delegated legislation. (10 marks)
QUESTION 32
Pilot paper 2015 Question One A and B
a) Explain three branches of public law. (6 marks)
b) Describe the procedure to be followed when the President declines to assent to a bill passed by parliament. (8 marks)
PART B:
SUGGESTED
ANSWERS AND SOLUTION
TOPIC 1
NATURE, PURPOSE AND CLASSIFICATION OF LAW
QUESTION 1
December 2022 Question Two B and C
Distinguishing between “law” and “morality”
Difference Between Law and Morality | ||
Definition | Law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. | Morality is the set of ethical principles that define what is morally right and morally wrong. |
Enforcement | Law is enforced by the ruling bodies of a country; state or a community | There is no such significant body to enforce moral codes; however, they are followed by those that are taught by the religious teachings and social ethics |
Constitution | Laws creates the constitution of a country | There is no direct connection with the constitution in morality |
Emergence | Influenced by Morality | Emerged before the ideal of set laws in a community or a country. |
Sanctions and Punishments | There are direct punishments for those who violate the law | There are no such enforced direct punishments for those who do immoral acts. |
Effect | Law is direct and rough with punishments | Morality can be followed or not according to the person’s choice. |
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(c) Subordinate courts are bound to apply the decisions of superior courts in subsequent similar cases where they have been pleaded as law. The following are the exceptions to this rule:
- Distinguishing: here the judge in the subsequent case demonstrates that the two cases relate to different points of law hence the earlier decision cannot be relied upon as a precedent.
- Changes in circumstances: if circumstances have changed so much so that applying the precedent would be ineffectual. This is the case where the precedent has been overtaken by events.
- Per incuriam: Per incuriam literally means ignorance or forgetfulness of law. Here the court demonstrates that the earlier decision was arrived at in ignorance or forgetfulness of law i.e. it is a wrong decision.
- Overruled by Statute: A precedent cannot be relied upon if it has been overruled by an Act of Parliament.
- Improper conviction: In Kabui V.R. the High court of Kenya was emphatic that it could refrain from a binding precedent if its application perpetrated an improper or erroneous conviction in a criminal case.
- Obscure or wide rule: If the ratio decidendi of the previous decision is too wide or obscure, a court may refuse to rely on it.
- Conflicting decisions: If the decision relied upon as a precedent is one of the many conflicting decisions of a court of co-ordinate jurisdiction.
- Fundamental Principle of Law: If the ratio decidendi relied upon us inconsistent with a fundamental principle of law.
QUESTION 2
December 2022 Question Three C
Types of precedents
- Original precedents: This is a principle or proposition of law as formulated by the court. It is the law-creating precedent.
- Declaratory Precedent: This is the application of an existing principle of law in a subsequent similar case.
- Binding precedent: This is an earlier decision which binds the court before which it is relied upon. E.g. a precedent of the Court of Appeal used in the High Court.
- Persuasive Precedent: This is an earlier decision relied upon in a subsequent case to persuade court to decide the case in the same manner e.g. a High Court decision used in a Court of Appeal, or a decision handed down by a court in another country.
- Distinguishing precedent: This is a subsequent decision of a court which effectively distinguishes the earlier precedents. It is a precedent in its own right.
QUESTION 3
August 2022 Question One
(a) (i) Distinction between “Municipal law” and “international law”.
Municipal/ national law: This refers to rules of law that are applicable within a particular country or state. This is state law. It regulates the relations between citizens inter se (amongst themselves) as well as between the citizens and the state. It originates from parliament, customary and religious practices.
International law: This is a body of rules that generally regulates the relations between countries or states and other international persons e.g. United Nations. It originates from international treaties or conventions, general principles and customary practices of states.
Differences between “Municipal law” and “international law” | ||
Basis for Comparison | International law | Municipal law |
How laws are created | Treaties, customs, and international agreements form the basis of international law. There is worldwide governing agency that conforms to agreements that member countries can choose to follow. | There are no treaty obligations in place. |
Law enforcement | In international law, there is no police agency to monitor the complete international jurisdiction. Even organizations like the United Nations with a maximum number of countries in the group work as coordination agencies. In case of disputes between two countries, treaties are made to enforce international laws. | In legal disputes of municipal law, the decision of the case is made either on civil laws or in the form of statutes. |
Role of parties included in legal disputes | If parties having conflicts are Sovereign countries, international laws will apply to solve disputes. | Disputing parties are citizens of the same country, and municipal law enforcement, courts, and national legal procedures are applicable to settle the disputes. |
(ii) Distinction between “Substantive law” and “procedural law”
Substantive law: It consists of the rules themselves as opposed to the procedure on how to apply them. It defines the rights and duties of the parties and prescribes the remedies applicable. Substantive law defines offences and prescribes the punishment, for example: The Law of torts, The Law of succession, The Law of contract, The Law of marriage and The Penal Code
Procedural law: This is adjectival law. It consists of the steps or guiding principles or rules of practice to be complied with in the administration of justice or in the application of substantive law. For example: The Civil Procedure Code and The Criminal Procedure Code
SAMPLE WORK
Complete copy of CPA INTRODUCTION TO LAW AND GOVERNANCE Revision Kit is available in SOFT copy (Reading using our MASOMO MSINGI PUBLISHERS APP)
Phone: 0728 776 317
Email: info@masomomsingi.com
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