Course Content and Outline
- Introduction to the study of law:
- Coverage of the course, subject matter of introduction to law.
- The handling of legal tools: statutes, statutory instruments, law reports, texts, and treatises.
- The language of Law: Language of the profession, Courts and the Court system.
The legal profession:
- The evolution of the legal profession –from the Roman society, Europe, England to Africa and particularly East Africa.
- The Inns of Court (London); Solicitors College; barrister at law, advocate; attorney.
- Judicial and Government legal officers’ terminology.
- The nature of training and the work of a lawyer: learned friend, the traditional professional gown and head gear.
- The idea of Law:
- Introduction to legal philosophy.
- The views of jurists and legal philosophers (the seven schools of jurisprudence).
- The views of sociologists and social anthropologists.
- The views of scholars of African law.
- Classification and divisions of Laws applicable in Tanzania.
Reception of English Law in East Africa:
- Reception of English law.
- Non-legal factors facilitating the reception: the Berlin Conference 1884, commercial enterprises, the search for knowledge, the religious factor, humanitarian factor.
- The cultural patterns in East Africa; and
- A brief legal history of each East African country.
- The legal framework; the Foreign Jurisdiction Acts and the Africa Order in Council, 1889; the separate territorial Orders in Council; and the separate territorial judicature statutes.
- Law making and its evolution over the colonial period to independence and thereafter the law making authority and terminology used.
The law applied in East Africa:
- The broad divisions of law.
- The classification or sources of law applied.
- Law applied and applied law: statutory law – principal and subsidiary; common law; case law; customary law; principles of equity; statutes of general application, public international law and personal law.
The development of law:
- Agencies of the development of law: social change; legislative action; law reform agencies like law revision.
- Judicial activity (do judges make law?).
- Overview of principles of drafting and interpretation of statutory law and legal documents generally:
- Types of statutes.
- The anatomy of a statute.
- Interpretation of statutes: the Literal Rule; the Mischief Rule; and the Golden Rule.
- The relevance of Parliamentary history and Government Publications; reports of Government Commissions of Inquiry.
Legal writing and research:
Cultivate the culture and practice of thinking like a lawyer; writing like a lawyer; and speaking like a lawyer; be understood by lay people in you speech and writings.
Qualitative and quantitative research.
Brief discussion of some most common principles of law:
- The precedent doctrine.
- Res judicata.
Principles applied in conflict of laws:
- Outline of principles applied in conflict of laws.
- Distinguish types and circumstances of conflicts.
- Type of questions set.
- Style and approach in answering questions.
TEACHING METHODS/MODE OF DELIVERY
- Case studies
INSTRUCTIONAL MATERIAL OR EQUIPMENT
- White board and makers.
- Flip charts.
- LCD Projectors.
- Overhead projectors.
- CDs, DVDs, and tapes.