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Legal Methods And Research Question Paper
Legal Methods And Research
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2012
KABARAK UNIVERSITY
SCHOOL OF LAW
FIRST SEMESTER EXAMINATIONS -2012
THIRD YEAR EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 101: LEGAL METHODS AND RESEARCH
DATE:
10TH AUGUST 2012
TIME: 2 Hours
INSTRUCTIONS
1.
Answer Question 1 and any two other questions
2.
Question 1 carries 30 marks. All other questions carry Equal (20) marks
3.
No materials are to be brought into the examination room
4.
Candidates should illustrate their answers with appropriate case law and other
relevant
authorities.
Question one
Complete the following questions regarding canons of construction of statutes.
(a) A statute provides: Burglary is breaking and entering of a dwelling, at night time, with
the intent to commit a felony therein. Your client broke a window and entered a
houseboat at dusk with intent to commit a felony. He has been charged with burglary.
Will he be found guilty under the statute? Why?
(7 marks)
(b) In determining the meaning of a statute, we look not only to the particular statutory
language, but to the design of the statute as a whole and to its object and policy-
Crandon V. United States 494, U.S. 152 (1990). Is this approach consistent with the
plain meaning rule?
(8 marks)
(c) Assume a statute provides: “It is a violation of the law punishable by a fine of Kshs.
40,000 to import into Nakuru County without inspection apples, grapes, oranges,
pears, watermelons and similar fruits.” Your client has been charged with importing
coffee beans to Nakuru County without inspection.
Will he be convicted under the statute?
(7 marks)
(d) A statute prohibits the use of cigarettes, cigars, and other tobacco products, in State
buildings. Would a court employing ejusdem generis, determine that chewing tobacco
is prohibited? Why?
(8 marks)
Question two
(a) Explain what is meant by jurisdiction and its relation to the doctrine of precedent
(b) Define stare decisis and explain its purposes
(20 marks)
Question three
Discuss the following:
(a) Primary and secondary authority
(b) Primary binding authority and primary persuasive authority
(c) Ratio decidendi and obiter dictum
(20 marks)
Question Four
(a) Explain three ways courts make law
(b) Define legislative history and name one source of legislative history that is helpful in
determining legislative intent.
(20 marks)
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