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August 2022

Unit: Introduction to Law and Governance

21 Questions

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Questions

1a
Nature, Purpose and Classification of Law
​​In relation to the classification of law, distinguish between:

(i) “Municipal law” and “international law”.

(ii) “Substantive law” and “procedural law”.
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1b
Nature, Purpose and Classification of Law
​​Distinguish the remedies available in civil law and those available under criminal law.
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1c
Nature, Purpose and Classification of Law
​​State eight sources of law identified by the Judicature Act.
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2a
Professional Ethics
​In relation to professional ethics for Corporation Secretaries, explain five instances which might be considered to be professional misconduct.
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2b
Alternative Dispute Resolutions (ADR)
​​In the context of solving disputes through alternative dispute resolution:

(i) Explain four advantages of traditional dispute resolution mechanisms.

(ii) Summarise six grounds for setting aside an arbitral award.
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3a
Law of Contract
​​Discuss four cases where a court cannot grant the remedy of specific performance.
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3b
Partnership
​​Explain the seven rules applicable for distribution of assets upon dissolution of a partnership.
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3c
Law of Contract
​​Describe five conditions necessary for the doctrine of estoppel to apply.
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4a
Law of Tort
​​Highlight five instances where receiving of another’s goods will not amount to conversion.
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4b
Negotiable Instruments
​​Outline five distinctions between a “promissory note” and a “bill of exchange”.
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4c
The Law of Property
​​Discuss five defenses of a trademark infringement.
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4d
Agency
​​Explain the personal liability of an agent.
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5a
Professional Ethics
​​In relation to professional ethics, discuss five ways in which enforcement of professional ethics and standards is conducted in your country.
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5b
Agency
​​State three conditions which must be satisfied for a commercial agency to arise.
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5c
Administrative Law
Explain four ways in which the independence of the judiciary could be achieved.​​
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6a
Insurance
​​Explain six circumstances under which an insurance contract might be terminated.
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6b
The Law of Property
​​In relation to the law of property:

(i) Describe sectional properties.

(ii) Outline the four roles of lawyers in land transactions.
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6c
Nature, Purpose and Classification of Law
​​Discuss four advantages of the doctrine of “stare decisis”.
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7a
Law of Persons
​​Identify five principles that a co-operative society has to incorporate in its by-laws for it to be registered as a co-operative society in your country.
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7b
Law of Contract
​​In relation to the law of contract:

(i) State three rules governing exclusion clauses.

(ii) Explain the “contra proferentem” rule.
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7c
Indemnity and Guarantees
​​Describe three types of guarantee.
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