Question
1.Judicial precedent is a legal system governing most countries state affairs for efficient governing of it. List some arguments for and against the system of
1.Judicial precedent is a legal system governing most countries state affairs for efficient governing of it. List some arguments for and against the system of judicial precedent (judicial activism) within any legal system.
2.Law of tort is concerned with a civil wrong committed other than breach of contract. With reference to the law of tort; explain the legal principle in the rule of Ryland's verses Fletcher as seen in this case law.
3.An incorporated association is an association of persons recognized as a legal entity which has its own rights and is subject to obligations. With reference to the above statement, explain two ways in which an incorporated association might be brought into existence.
4.One of the most significant shortcomings of the common law that led to the development of equity was inadequate remedies. As a result, many would be plaintiffs were left out; however, equity increased the remedies. With reference to the above statements discuss five equitable remedies.
5.As sources of law is concerned, explain the inadequacies of common law that resulted in the development of the principles and doctrines of equity as a complimentary source of law.
6.During legislation, a bill might either undergo assent or referral during the bill assessment process. Summarize the process of presidential assent.
7.In relation to the law governing negotiable instruments which is an unconditional order, explain three types of endorsements that might be made on a bill of exchange.
8.The court system in Kenya is used to pass judgement to the wrongdoers based on their offence. Summarize, five grounds upon which a judge of a superior court might be removed from office.
9.Partnership is a contract between two or more in order to carry out a business. With reference to partnerships; identify five ways in which a person shall cease to be a partner of a certain business.
10.There are some legal expressions used in creation of precedents since they are the major contributing factor to its wellbeing. Therefore, distinguish legal expressions in precedent creation (ratio decidendi and obiter dicta.)
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