L100 Module: Legal Process - baixardoc

1] L100 Legal Process: Learner’s Module

University of Africa

Faculty of Law

L100 Module: Legal Process

© 2013 Adv. Justin Sipho Chitengi1 DAAD Scholar; PhD Candidate- Law & Policy(UNILUS); LLM(UWC/HU); LLB Merit (UNZA); BSc Forestry(CBU); PGC

Public Policy(AU); CPD Conveyancing(LAZ); PGC LPQE(ZIALE); CETP Entrepreneurship(Northlink);

AHCZ(High/Supreme Court)

1 Formerly the Founding Assistant Dean of the Law School- University of Lusaka, Adv. Chitengi is a seasoned teacher of

law and renowned researcher as well as publisher. He has lectured both in public and private universities in Zambia and

abroad including the University of Zambia and the Copperbelt University among others. He also served as Postgraduate

Researcher on Financial/Economic Crimes Law at the German-South African Centre of Excellence, a collaboration between

Humboldt Universität zu Berlin & University of the Western Cape. Chitengi was appointed by the then Republican Vice

President & Minister of Justice in 2011 to serve as a Council Member of the Zambia Institute for Advanced Legal Education

(ZIALE) - the only Bar School in Zambia. He is currently in the employ of John Snow Inc. Ltd (SHAReII Project), a

USAID-funded project where he practices law as Legal and Policy Manager. Adv. Chitengi is a recipient of many

prestigious scholarships and fellowships both locally and internationally in recognition of his contribution to the legal

fraternity.


Course Introduction

This course is the foundation of legal studies as it introduces you to the general

principles of learning the law. It is not necessary a stand- alone branch of law, but is a

cross-cutting course in all the other law courses that you will undertake.

Module Objectives

This module aims at laying a strong foundation for new learners of law who are being

introduced to the study of key concepts in law. It endeavours to prepare you for the future

of solving legal problems.

Expected Module Outcomes

On completion of studying this module you should be able to, inter alia:

i. Demonstrate clear understanding and definition of key concepts and principles of

law;

ii. Understand the key legal and institutional frameworks governing the

administration of justice;

iii. Explain the relationship and professional interaction between lawyers and the

courts;

iv. Understand the major legal systems of the world;

v. Trace the historical development of the English legal system and it impact on the

Zambian legal system;


vi. Identify the key techniques of alternative dispute resolution;

vii. Appreciate the correlation between law and society;

viii. Identify and explain the various rules of statutory interpretation; and

ix. Explain the major approaches in solving legal problems.

Duration

You are expected to complete studying this module in one academic semester averaging 5

months.

Study Tips

i. As you go through this module you will come across margin icons (gavels and scales

of justice) that serve as signposts. These icons are intended to assist you navigate

through the module;

ii. There are several activities interspaced in the learning activities that will allow you to

reflect on the topics in each unit;

iii. At the end of each unit you will find a number of revision questions to self-assess

your level of understanding a particular unit before you proceed to the next unit;

iv. Various case studies are given under each unit for you to familiarise yourself with

how lawyers identify legal issues from a given set of facts and apply the law to the

identified legal issues as they help the courts to pass judgements;

v. Few past examination questions have been reproduced at the end of the module for

you to assess your preparedness for examination in this course; and


vi. A list of prescribed and recommended reading materials has been attached to

supplement your reading. Make efforts to secure for yourself at least a copy of the

prescribed texts

Study Skills

As espoused by Gay, “Learning by study must be won; ‘Twas ne’ er entailed from son to

son.”2 You are personally responsible for your study- time management as the institution

will only manage your study programme during the residential school period according to

the school calendar. Therefore, you should balance your use of time, learn to cope with

academic pressure in strictly meeting the deadlines for submission of assignments and

familiarise yourself with rules of writing legal essays.

Do You Need Help?

If you need help, extra information or have any queries concerning this module, kindly get

in touch with the Course Coordinator through the University regional offices nearest to your

location. Where it is exceptionally necessary, you may directly consult the lecturer or the

driver of this module outside the scheduled residential classes on +260 965 444 353 or

email: [email protected]

2 Fables, II, ii


Assessment

Continuous Assessment

o 1st Assignment: 25%

o 2nd Assignment: 25%

Final Examination: 50%

Prescribed Readings

Statute

i. Constitution Act, Cap 1 of the Laws of Zambia.

Text Books

i. Munalula, M. M., Legal Process: Zambian Cases, Legislation and Commentaries

(2004), UNZA Press, Lusaka.

ii. Smith, A.T.H., Glanville Williams: Learning the Law (2006) 13th ed, Thomson

Sweet & Maxwell, London

Recommended Readings

i. Curzon, L. B., Dictionary of Law (1997) Revised 4th ed, Pitman Publishers,

London.

ii. Rogowski, R., Civil Law (1996), New York Univ. Press, New York.

Module Outline

Part 1: The Legal System

Unit 1: Introduction to the Study of Law

Topic 1.0: Introduction


Topic 1.1: Concept of Law

Topic 1.2: Purpose and Attributes of a Good Legal System

Topic 1.3: Law and Society

Topic 1.4: Adjudication and Alternative Dispute Resolution

Unit 2: World Legal Systems/Jurisdictions


Topic 2.1: English Common Law System

Topic 2.2: Civil Law System

Topic 2.3: American Common Law System

Topic 2.4: Islamic Legal Order (Sharia Law)

Topic 2.5: Canon Law Jurisdiction

Topic 2.6: Roman Dutch Law

Topic 2.7: Customary Law

Unit 3: Historical Development of the English Legal System


Topic 3.1: The Norman Conquest

Topic 3.2: Reception of English Law

Topic 3.3: Evolution of the Zambian Judiciary

Topic 3.4: Zambian Courts and Stare Decisis

Topic 3.5: Received Law vs. Indigenous Law


Unit 4: Sources of Law


Topic 4.1: The Constitution

Topic 4.2: Acts of Parliament/Statutes

Topic 4.3: Subsidiary Legislation- SIs; By Laws; Regulations; Standing Orders; and

Circulars

Topic 4.4: Judicial Decisions

Topic 4.5: Common Law; Rules of Natural Justice; and Doctrines of Equity

Topic 4.6: Customary Law

Topic 4.7: International Law

Topic 4.8: Legal Treatise

Topic 4.9: Scholarly Works/Text Books

Unit 5: Institutional Framework


Topic 5.1: The Judiciary

Topic 5.2: The Legal Profession

Topic 5.3: Other Key Institutional Stakeholders

Part I1: The Legal Skills

Unit 6: Statutory Interpretation


Topic 6.1: Legislation and Case Law

Topic 6.2: Rules of Interpretation


Topic 6.3: Law and Society

Unit 7: Precedents: Doctrine and Technique


Topic 7.1: Judicial Decisions

Topic 7.2: Common Law and Zambia

Topic 7.3: Preparing Case Summaries

Unit 8: Lawyers and the Court


Topic 8.1: Lawyer’s Dress Code

Topic 8.2: Etiquette to the Bench

Topic 8.3: Problem Solving Approaches- IRAC/CLEO and IMC

Unit 9: Sample Examination Questions


Unit 1: Introduction to the Study of Law 1.0 Unit Overview and Expected Outcomes

This Unit is a preliminary introduction to the study of law. It lays a foundation for you

to understand the basics of law and the study of law. After studying this Unit you

should be able to discuss the basic concepts of law including its evolution;

terminologies; and impact on society, inter alia. You are, equally, expected to be able to

identify and discuss the various legal technics that are available in resolving societal

disputes after you have studied this Unit.


The study of law involves one conducting research on pertinent topics of law in a bid to

understand the legal principles that may be applied in resolving a dispute. Before one

may conduct such research, they ought to clearly understand what law is and how it

interacts with other instruments in society; such as religion, politics and customs, inter

alia, in promoting social order. Below are some of the pertinent aspects necessary to

prepare you in your new journey as a law student.


Topic 1.1: Concept of Law

Law is a concept of regulating how persons in a particular society should behave. It

involves the official rules made by governments. They keep peace and create order.

When people break laws, their governments punish them.

Evolution of Law

Long ago, people lived only in small tribal groups. They lived together, followed the

same traditions, and worshipped the same gods. There were no formal laws. Instead,

people were guided by their customs, morals, and religion.

Over time, cities began to form. Laws became more formal and were written down in

legal codes. In about 1750 BC, the king of Babylon created one of the first legal codes,

the Code of Hammurabi. It listed certain crimes and told how they should be punished.

The Roman Contribution to the Development of Law

The ancient Romans helped shape our modern view of law. In the 600s BC, citizens of

Rome wrote down all of their basic laws on twelve bronze tablets. The Romans declared

that no citizen, not even the ruler, was above the law. Modern law codes are rooted in

the Roman system. Such law codes are statutory, meaning they are created and changed

by legislatures, not by courts. They provide the main source of law in much of modern

Europe, South America, and other places.

L100 Module: Legal Process - baixardoc

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