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Module: Cuzl 211 - Legal Process: Faculty of Law

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FACULTY OF LAW

BACHELOR OF LAWS
LLB 19
MODULE: CUZL 211 – LEGAL PROCESS

Date of Examination: 03/06/2011

Time allowed: 3 hours.

This paper contains two parts; Section A and Section B. Section A comprises case study with
two questions which are compulsory. Section B contains four questions. Candidates must answer
any two questions only from this section.
Read the following before answering the examination question.
1. Read each of the questions carefully before you answer.
2. Apportion your time according to the marks allocated for the question.
3. Apportion your time equally between Section A and B.
4. Firstly, answer the questions that you feel you can obtain the most marks for you but,
compulsory questions must be attempted.
5. Number the answers to the questions clearly before answering.
6. Please write as clearly as possible as illegible handwriting cannot be marked
Section A
Answer both questions
The Legal process
Legal methods as a subject of study is designed to foster intellectual, social and moral
development by empowering students to think critically on the role of law and legal institutions
in society. This is achieved through a review of selected legal rules, institutions and processes at
the domestic and international level, a demystification of terminology and a focus on change,
effectiveness, dispute resolution and justice.

Legal methods has a significant impact on students’ confidence in approaching and accessing the
legal system and provides them with a better appreciation and understanding of the relationship
between social and legal structures in society. The topics offer excellent preparation for life skills
through an understanding of the legal system, its principles, structures, institutions and processes.
Legal methods further foster a respect for cultural diversity and promote tolerance. It allows
students to question and evaluate the legal and democratic institutional structures within the
domestic and international environment and to undertake a comparative analysis of other
political and institutional structures.

It provides a flexible learning structure. It allows students to acquire skills in analysis,


independent research and the development of coherent arguments. All of these help to prepare
students for further education, training and employment. It allows for full and active
participation as citizens by encouraging diverse opinions, open rational debate, respect for
persons, and equality before the law and involvement in democratic processes and structures.
At the end of the module, students must be able to draft basic legal documents, sufficiently
follow court proceedings, interview clients and frame issues and resolve them.
Q.1.

a) Identify and explain the dos and don’ts in legal writing. (5 marks)
b) Discuss the factors to consider while briefing a case. (5 marks)
c) Examine the procedure for initiating a criminal case. (8 marks)
d) Determine the rules for deducing ratio decidenti of a case. (7marks)

Total 25 marks

Q.2.

a) A journal article recently commented that neither courts nor ad hoc administrative tribunals
operate effectively to resolve disputes. Evaluate the way courts and ad hoc administrative
operate to resolve dispute. (8 marks)
b) Tom wants to buy a second hand vehicle from Opoloto. Explain to him the issues he must
bear in mind before buying the same through a memorandum.(10 marks)
c) Discuss alternative dispute resolutions mechanisms. (7 marks)

Total 25 marks
Section B
Answer two question

Q.3. Arbitration is a process for the determination of disputes by adjudicators chosen by the
parties.

a) What is adjudication and identify its fair significant roles in society. (10 marks)
b) Expound the principle resjudicata and its relevance in the administrative of justice (8 marks)
c) Identify the advantages and disadvantages of alternative dispute resolutions (7 marks)

Total 25 marks

Q.4.

a) Assess the role of a lawyer in society today. (5 marks)


b) Examine the extent that a lawyer is bound under the advocate-client privilege. (6 marks)
c) Explain the duties that a lawyer owes to the law, client, self, profession and to the court.
(8 marks)
d) ‘Lawyers are liars.’ Evaluate this statement. (6 marks)

Total 25marks

Q.5.

a) ‘Winner takes all’ is the motto of common law litigation process. Explain the stages involved
in civil litigation in Ugandan courts. (8 marks)
b) Discuss the advantages of alternative dispute resolutions mechanisms to litigation. (8 marks)
c) Assess the efficiency of tradition methods of dispute resolution. (9 marks)

Total 25 marks

Q.6.

a) State and explain the basic forms of legal reasoning. (7 marks)


b) Describe the rules of statutory interpretation. (6 marks)
c) Explain the aids to statutory interpretation. (6 marks)
d) Discuss the principles governing delegated legislation making process. (6 marks)

Total 25marks

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