- Discuss the types of precedent with the aid of relevant case law(Solved)
Judicial precedent is an important source of law. However, the later decisions, especially of the higher courts, can have several effects upon precedents. Discuss the types of precedent with the aid of relevant case law.
Date posted: June 16, 2023.
- Owing to the Hierarchy of the Court system in Kenya, outline and discuss the mandate that different Courts have and the effect of this mandate...(Solved)
According to Odiwour Kelly, Jurisdiction is the power of different courts to hear and determine dispute. Jurisdiction can either be geographical, functional, subject matter and pecuniary. In the case of Owners and Masters of the Motor Vessel Lilian v Caltex Oil Kenya Ltd (1989) KLR 1/2, it was held that: The question of jurisdiction is a threshold issues and must be determined by a judge at the threshold stage, parties may place using such evidence as before him. It is reasonably plain that a question of jurisdiction ought to be raised at the earliest opportunity and the court is then obliged to decide on the matters and where it does not have jurisdiction it should down its tools.
Owing to the Hierarchy of the Court system in Kenya, outline and discuss the mandate that different Courts have and the effect of this mandate on the question of Jurisdiction.
Date posted: June 16, 2023.
- Discuss the salient details of the Kenya Court System.(Solved)
Second year students at the University of Delhi belonging to the Law & Communication club, have recently set up a website that gives details of the structure of the court systems in countries around the world. The contribution to the website are mainly from law students around the world. The students send you an email to give a detailed description of the existing legal system of Kenya for inclusion on their website.
Provide an appropriate description to be included on the website under the site “Kenya” bringing out the salient details of the Kenya Court System.
Date posted: June 16, 2023.
- Discuss the application of the Common Law legal systems based on the excerpt given, bringing out the pertinent principles.(Solved)
Common law Judges serve to interpret legislation and fill in the gaps in the law where there is no legislation. They choose to answer only the narrowest issue which will dispense with the case before them. They rely on lawyers in an adversarial system to present the full case to them. They will not generally raise or decide issues that parties themselves did not ask them to decide.
Based on the above excerpt, discuss the application of the Common Law legal systems bringing out the pertinent principles.
Date posted: June 16, 2023.
- Discuss the common law case technique of the Precedent bringing out succinctly its application on case law(Solved)
Discuss the common law case technique of the Precedent bringing out succinctly its application on case law
Date posted: June 13, 2023.
- You are legal consultant and you have received a joint letter from the two Advocates seeking your legal opinion on ADR mechanism(Solved)
You are legal consultant and you have received a joint letter from the two Advocates seeking your legal opinion on ADR mechanism. Proceed to advise them accordingly on the different methods of ADR and their advantages.
Date posted: June 13, 2023.
- As judge presiding over a case, how would you interpret statute when giving judgement over a case that has been brought before your court?(Solved)
Interpretation of a statute is the giving of meaning to a statute. Usually, interpretation of statutes is done by the Judiciary. This occurs when the meaning is unclear. Proper interpretation of a statute is fundamental to a proper understanding of the contents and the implications of a statute. It is also important because the rights of an individual under a statute will depend on the interpretation given to that statute.
As judge presiding over a case, how would you interpret statute when giving judgement over a case that has been brought before your court?
Date posted: June 13, 2023.