Legal Methods - 4881 Words

CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya, East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers, judges and legislative think and do things according to the law. * It is commonly referred to a set of techniques used to analyze and apply the law and to determine the appropriate weight that should be accorded to different sources of law. SOURCES OF CLASSIFICATION OF LAW Means the origin from which human†¦show more content†¦* It is independent from the government functions and provides a forum for the just resolution of disputes. 1. THE SUPREME COURT – ARTICLE 163 * It is established by Article 163 of the Constitution. * It is composed of the Chief Justice who is the president of the Court. * The deputy Chief Justice who deputizes the Chief Justice and is the Vice President of the Court. It has five (5) other Judges. * The Court has exclusive original jurisdiction to hear and determine disputes relating presidential elections. * It has appellant jurisdiction to hear and determine appeal from: a) The Court of Appeal; b) Other Courts c) Tribunal prescribed by Parliament that relates to the interpretation; d) Application of the Constitution; e) Matters of public concern. * Summary Notes- Chief Justice heads the Court; - The Deputy Chief Justice is his deputy and vice president to the court. - Supreme Court deals with presidential petitions (special cases). - It consists of five (5) Judges 2. THE COURT OF APPEAL - ARTICLE 164 * It is provided by Article 164 of the Constitution; * The president of the Court of Appeal is elected from among the Judges of the Court; * The Court has jurisdiction and powers to hear and determine appeals from the High Court/Court Tribunal; * The Court of Appeal has not less than twelve (12) Judges 3. THE HIGH COURT – ARTICLE 165, THE PRINCIPLE JUDGEShow MoreRelatedLegal Methods, Research And Writing Essay1433 Words   |  6 PagesTo be successful in law whether studying or practicing the profession Legal methods, research and writing is a major necessity for those in the legal field. It is nearly impossible to study or practice law without the basic knowledge of legal methods, research and writing. This essay examines the importance of Legal methods, research and whether in school or outside in the legal profession. 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Introduction This essay will evaluate the role of excluding pre-contractual negotiations from admissible evidence as part of the exclusionary rule in the interpretation of contracts. I will begin first by giving a brief overview of the exclusionary rule, focusing specifically on its background and its applicationRead MoreThe Paradigm for Predictive Legal Writing: IRAC Method 4783 Words   |  20 PagesResearch, Writing Advocacy 2006-07 THE PARADIGM FOR PREDICTIVE LEGAL WRITING: Using â€Å"IRAC† I. INTRODUCTION This handout sets out the basic paradigm, or organizational structure, of predictive legal analysis, referred to throughout this course as â€Å"IRAC.†1 IRAC is a general analytical paradigm; as you gain experience in your legal writing, you will be able to modify this paradigm to fit a particular legal issue. 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