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Legal Systems Question Paper

Legal Systems

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2009

LPR 104: LEGAL SYSTEMS

END OF SEMESTER EXAMINATION

Answer question one and two other questions

1. Sources of Law have been defined as “… repositories of authoritative rules to which the law-appliers- the ordinary citizen, the practicing advocate, executive officer of government, and perhaps more importantly the judge- turn for guidance on the applicable norms”

Give a detailed outline of the sources of law in Kenya.

[30 Marks]

2. (a) The common law system is one of the most widespread of the major legal systems in the world. Identify two other major legal systems and explain their historical development and major characteristics.

(b) It has been suggested that the common law system produces faster economic growth through greater security of property and contract rights. (see eg Mahoney, Paul. “The Common Law and Economic Growth: Hayek Might be Right” The Journal of Legal Studies. Vol 30 No 2 Jun 2001 pp. 503-525)

To what extent would you agree with this statement?

[20 Marks]

3. It has been stated that “there is increasing loss of faith in the Kenyan legal system”. Identify recent examples that may support this assertion. What recommendations would you make to enhance the efficiency of the legal system and improve confidence in it?

[20 Marks]

4. (a) Describe in detail the alternative disciplinary procedure systems for lawyers in Kenya.
(b) In your view do the current rules adequately protect citizens from the unscrupulous lawyer?

[20 Marks]

5. Give a short account of the establishment, jurisdiction and the place of the following in the Kenyan legal system:

(a) The Industrial Court
(b) The Court of Appeal
(c) The Court Martial
(d) The Public Procurements Administrative Review Board

[20 Marks]

Legal Systems Question Paper

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