Legal Research And Methods Question Paper

Legal Research And Methods

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2009

LPR 102: LEGAL RESEARCH AND METHODS
Answer question 1 and any two other questions. You will be penalized for not answering question 1

1. You are excited about completing your law undergraduate studies. You are determined to put together the structure of your dissertation before you begin your fourth year of study. You have already identified an exciting subject and topic and are convinced that your supervisor will not hesitate to agree with you on the matter. Present an outline of your proposal and the justification thereof noting to include the theoretical lens for your proposed research. Compulsory (30 marks).

2. ‘The answer to the question ‘What is knowledge?’ is fundamental in research’.
Do you agree with this statement?
Discuss how philosophers have over centuries grappled with this philosophical question.
Is the inquiry into this question relevant to legal research? (20 marks)

3. ‘Despite the much talked about “lack of public confidence in our judiciary”, I would still advise my client to pursue his /her rights through our courts. Surely the certainty and stability of both the judicial process developed over centuries and the primary law applicable must secure my client’s interests to a large extent’.
Do you agree with this statement?
Prepare a comprehensive critique. (20 marks)

4. Write short notes on any four of the following:
a. Ratio decidendi (5 marks)
b. Orbiter dicta (5 marks)
c. Avoiding precedent (5 marks)
d. Statutory interpretation (5 marks)
e. Constitutional interpretation (5 marks)
f. Case brief (5 marks)

5. One of the main challenges in legal research is that all sources of law must be handled with care and the legal researcher must spend considerable time to ensure that the advice given to the client is relevant and the law relied upon current and applicable.
Do you agree with this statement?
Discuss.(20 marks)

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