LDC PRE ENTRY PREPARATION.

Pre Entry Mock

Legal Methods

1.      Who is an advocate?

An advocate is any person whose name is duly entered upon the roll of advocates.

S.1(a) Advocates Act;

2.      What is the coram for a Constitutional appeal in the Supreme Court?

The full bench of all members of the Supreme Court (Seven Justices)

Article 131 (1)-(2) Constitution, 1995;

3.      Explain the phrase “stare decisis est non queta movere”

In common law jurisdictions, whenever judges are deciding a matter, they are to ordinarily follow decisions previously laid down by courts of similar or higher jurisdiction

4.      What do you understand by the term, “state brief”?

State brief is the co-option of the services of an advocate, in private practice, to offer legal services to accused persons who cannot afford to pay for them.

5.      To which court does an appeal from the Magistrate Grade 1 court lie?

Appeals from the Magistrate Grade 1 Court lie to the High Court.

S.220 (1) (a) Magistrates Court Act.

6.      Under what law is this pre entry examination set?

The exam is set under the Advocates (Professional Requirement for Admission to Post-Graduate Bar Course) Notice, Legal Notice No 17 of 2007 as amended by Legal Notice No 12 of 2010

7.      State the rule of construction that judges apply in statutory interpretation in order to discover Parliament’s intention

The mischief rule.

Heydon's Case [1584]76 ER 637

8.      What is an endnote?

A note, that instead of appearing at the bottom (like a footnote does), appears at the end of the book, chapter or paper

Blacks Law Dictionary, 8^th Edition, 569

9.      List two requirements that a deed must fulfil to be valid at common law

The deed should be signed

The deed should be Sealed

The deed should be Delivered

10.  What is the presumption of retrospective effect at Common Law?

It is the presumption at Common law that legislative enactments do not retroactively

Wilson and others v. Secretary of State for Trade and Industry [2003] UKHL 40

Constitutional Law

1.      What is the political question doctrine?

The political question doctrine is a principle in constitutional law that a question that a court will not consider because it involves the exercise of discretionary power by the executive or legislative branch of government. - Also termed nonjusticiable question

Blacks Law Dictionary, 9^th Edition 1277

The Political question doctrine is a tenet which holds that certain issues should not be decided by courts because their resolution is committed to another branch of government and /or because those issues are not capable, for one reason or another, of judicial resolution.

Cehurd and 3 others v Attorney General Constitutional Petition 16/2011

2.      List two non-derogable rights under the Constitution of Uganda, 1995

(a)    freedom from torture and cruel, inhuman or degrading treatment or punishment;

(b)   freedom from slavery or servitude;

(c)    the right to fair hearing;

(d)   the right to an order of habeas corpus.

Article 44 Constitution 1995

3.      List one principle that the courts in Uganda are supposed to apply in adjudicating cases of both a criminal and civil nature

(a)    justice shall be done to all irrespective of their social or economic status;

(b)   justice shall not be delayed;

(c)    adequate compensation shall be awarded to victims of wrongs;

(d)   reconciliation between parties shall be promoted; and

(e)    substantive justice shall be administered without undue regard to technicalities.

Article 126 (2)(e)

4.      Judicial power in Uganda is derived from and exercised in the name of:

a)      The Constitution

b)      The people (Article 126 (1) Constitution)

c)      The Laws of Uganda

5.      Who is the accounting officer for the Ministry of Justice in Uganda?

Permanent Secretary of the Ministry of Justice

Article 164 Constitution;

6.      List in order of precedence; Speaker of Parliament, Vice President, Chief Justice

The Vice President, the Speaker and the Chief Justice 

Article 98 (2) Constitution

7.      What was the significance of the Lancaster Constitutional Conference (Sept-Oct 1961) to Uganda’s constitutional and political history?

The parties to the negotiations agreed that Uganda would attain full political independence on 9^th October 1962

8.      In Opoloto v Attorney General [1969] 1 EA 631, it was held that “the prerogative powers vested in the British Crown before the Independence of Uganda, including the power to dismiss at will officers in its service, are now vested in the President”. Is the position still the same in light of the Constitution of Uganda, 1995?

Whereas executive authority is vested in the President in the 1995 Constitution, the only officers that he/she may dismiss at will are members of Cabinet, that is, the Ministers. The dismissal of other officials has to be in line with the law

Article 99(1) Constitution, Darlington Sakwa v Electoral Commission Constitutional Petition 08/2006, read together with Brig Henry Tumukunde v Attorney General Constitutional Appeal 02/2006.

9.      List two general principles of constitutional law

The rule of law, the doctrine of separation of powers, the question of citizenship,

10.  What is the principle of legality?

Nullum crimen, nulla poena sine praevia lege poenali (No crime can be committed, nor punishment imposed without a pre-existing penal law)

Civil procedure

1.      List two grounds for annulling parliamentary elections

(a)    non-compliance with the provisions of this Act relating to elections, if the court is satisfied that there has been failure to conduct the election in accordance with the principles laid down in those provisions and that the non-compliance and the failure affected the result of the election in a substantial manner;

(b)    that a person other than the one elected won the election; or

(c)     that an illegal practice or any other offence under this Act was committed in connection with the election by the candidate personally or with his or her knowledge and consent or approval; or

(d)    that the candidate was at the time of his or her election not qualified or was disqualified for election as a member of Parliament.

Section 61(1) Parliamentary Elections Act, 2005

2.      Briefly distinguish between review and revision

(there is no standard answer for such questions. Simply paraphrase the sections below highlighting one or two diffrences, e.g

review is a remedy whereby an aggrieved party to a matter from which no appeal has been preferred refers the matter to the same court that decided it,

whereas

Revision is a procedure of court whereby the High Court calls for the record of the lower court, where the lower court has not acted within its jurisdiction and makes orders as it thinks fit)

S. 82 Civil Procedure Act Any person aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred or by a decree or order which no appeal is allowed may apply to the court which passed the decree or order for a review of the judgment.

S. 83 Civil Procedure Act The High Court may call for the record of any case which has been determined under this Act by any magistrate’s court, and if that court appears to have—

(a)    exercised a jurisdiction not vested in it in law;

(b)   failed to exercise a jurisdiction so vested; or

(c)    acted in the exercise of its jurisdiction illegally or with material irregularity or injustice, the High Court may revise the case and may make such order in it as it thinks fit; but no such power of revision shall be exercised—

(d)   unless the parties shall first be given the opportunity of being heard; or

(e)    where, from lapse of time or other cause, the exercise of that power would involve serious hardship to any person.

3.      In what circumstances may leave to appeal be denied?

Leave to appeal may be denied where

·         Intended appeal has reasonable chances of success or has arguable grounds of appeal

·         Intended appellant has not been guilty of dilatory conduct

Degeya Trading Stores (U) Ltd v Uganda Revenue Authority, Court of Appeal Civil Application No. 16 of 1996

4.      List the grounds that an applicant has to prove in an application for security for costs

An applicant has to prove that

(a)   He/she is being put to undue expense by defending a frivolous and vexatious suit.

(b)   He/she has a good defence to the suit.

(c)    That the applicant/defendant is likely to win.

Order 26 rule 1 CPR “The court may if it deems fit order a plaintiff in any suit to give security for the payment of all costs incurred by any defendant.”

Namboro & Another v Kala [1975] HCB 315

5.      List the grounds that an a judgment debtor has to prove in an application for stay of execution

The judgment debtor has to prove that

·         That substantial loss may result to the applicant unless the order is made;

·         That the application has been made without unreasonable delay; and

·         That security has been given by the applicant for the due performance of the Decree or Order as may ultimately be binding upon him or her.

Order 43 Rule 4 (3) CPR

6.      What are the grounds to be proven in an application for an interim injunction?

The applicant has to prove that:

a)      He/she has a bona fide appeal or application; and

b)     That his/her right to have it heard would be curtailed if an interim measure of injunction is not granted.

Souna Cosmetics v The Commissioner Customs URA & The Commissioner General URA Misc Application 424/2011

7.      What is a commission, and when is it necessary in Civil Proceedings

A commission is an order of court directing that a evidence of a specified person be examined outside the jurisdiction of the court

[a reading of Caspair Ltd v Harry Gandy [1962]E.A 414 and Baltan v Kampala African Bus [1959]E.A 328]

Order 28 rule 1 CPR The court has the power to issue a commission for the examination on interrogatories or otherwise of any person resident within the limits of its jurisdiction who is exempted from attending the court or who is from sickness or infirmity unable to attend it.

8.      In suit for trespass before the Chief Magistrate Nakawa, two preliminary objections have been raised. Please outline a brief reply

a)      The land is valued at 70m, thus the court has no jurisdiction

The C/Magistrate has unlimited original jurisdiction in in disputes relating to conversion, damage to property or trespass so he has jurisdiction to handle this matter

S.207 (1) (a) Magistrates Courts Act,

b)      Criminal proceedings have been instituted regarding the same matter and so civil proceedings should be stayed

Criminal and civil proceedings are different and have no bearing on each other

Esso Standard (U) Ltd v Mike Nabudere HCCS NO. 594 of 1990 (Unreported) It was held that the plaintiff was only to prove his case on a balance of probabilities and the resultant judgment had no evidential value on the prosecution of the defendant since there, proof beyond reasonable doubt was required. There was therefore no need to stay the civil proceedings.

9.      Suppose you were counsel for the defendant in HCCS No 001/2015 and on the day the case is fixed for hearing, counsel for the plaintiff is absent, what steps will you take?

I will orally apply for dismissal before the trial judge

Order 9 r 22 CPR Where the defendant appears, and the plaintiff does not appear, when the suit is called on for hearing, the court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part of it, in which case the court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

10.  In what circumstances may judgment be entered without trial

a)      Under Order 36 CPR If the Plaintiff proceeds by way of summary procedure, defendant does not apply for leave to defend or is denied the leave

b)     Under Order 9 rule 6 and 7 CPR, where the plaint is drawn claiming a liquidated demand and the defendant fails to file a defence

c)      Under Order 9 rule 8 and 9 CPR, where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and the defendant fails to file a defence

Torts

1.      What is a tort?

A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another.

Blacks Law Dictionary, 9^th Edition 1626

2.      Yesterday, Stamina moved to the faculty notice board to see his results and confirm if he is on the graduation list for 2015. He was however shocked to see that he would not graduate because of a “retake” he had in Equity & Trusts. He dashed to his hostel, picked the answer sheet and stormed into the Dean’s office. He then shouted at the Dean and told her that she was very incompetent and was recruited without qualifications. The dean wants to sue for defamation, advise her.

The dean’s suit is untenable in law since she was not defamed. For a statement to be defamatory, it should be published to third parties. In the instant case, Stamina spoke only to the dean

Godfrey Ssejjoba Vs Rwabigonyi [1977] HCB 37

3.      Tomosi was arrested by the police on a wrong suspicion that he was a narcotics dealer and was released after 13 hours in custody. He would like to sue for false imprisonment but the police say he was detained within the 48 hours required by law. Advise Tomosi

Tomosi may sue for false imprisonment. Authorities are only exempted if they had reasonable cause to arrest him. In the absence of reasonable cause, the arrest is unlawful, no matter the time spent in detention.

Magezi Raphael v Attorney General HCCS 977 of 2000

4.      Distinguish between the torts of detinue and conversion

(such questions have no standard answer, but if you are to distinguish, let it be on the same aspect, eg possession, wilful interference, etc)

Blacks Law Dictionary 9^th Edition 515 "A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession of them, and who, upon proper demand, fails or refuses to deliver them up without lawful excuse.”

Blacks Law Dictionary 9^th Edition, Conversion “An act or series of acts of willful interference, without lawful justification, with an item of property in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the property.”

[Total deprivation, vis a vis interference with rights thus depriving of use and possession]

5.      “In an action founded on negligence, even when there is damage, it should not be too remote”. Do you agree? Give a reason

(such questions are rather open)

I agree. A person should only be held liable for damage which he could reasonably foresee as the probable consequence of his act.

The Wagon Mound [1961] A.C. 388 “A man must be considered to be responsible for the probable consequences of his act. To demand more of him is too harsh a rule, to demand less is to ignore that civilised order requires the observance of minimum standard of behaviour”

6.      Fang is a well known activist in Uganda who has been campaigning about the dangers of smoking. He was recently invited for a talk show on NTV. During the show, Stamina, the moderator lit a cigarette and blew smoke in his face. Does Fang have a cause of action

Fang has a cause of action against Stamina for battery. Battery is the intentional application of force onto another person. Thus blowing smoke intentionally on a person is intentional application of force on Fang

Leichtman v WLW Jacor Communications 92 Ohio App. 3d 232 (1994)

7.      Why is trespass to land actionable per se?

Trespass to land is intended to primarily protect a person’s exclusive possession of land and not be a remedial action

8.      What is the eggshell skull rule?

This is the principle that a defendant is liable for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act.

Blacks Law Dictionary, 9^th Edition 593

9.      List two economic torts

·         Passing off

·         Injurious falsehood

·         Conspiracy

·         Inducement of breach of contract

·         Tortious interference

·         Watching and besetting

10.  What is the Bolam test?

The Bolam test states that “If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”

Bolam v Friern Hospital Management Committee

Evidence

1.      You are a researcher for a judge of the High Court who is currently presiding over the case of Uganda v Dodoviko. In their evidence, the prosecution presented two doctors, while the defence presented another doctor who carried out examinations of the deceased at various intervals. All the doctors gave different opinions about the cause of death. The judge needs to be certain about the cause of death before deciding on whether the accused person is guilty. Please advise the judge on what course to follow

The judge should evaluate all the opinions and come to his own conclusion. The opinions of an expert are not binding on the court

Kooky Sharma v Uganda SCCA No. 44/2000

2.      Still, in Uganda v Dodoviko, PW1 Kaboyi has told the judge that the deceased told him six months before her death that she feared for life since she had snatched the accused’s husband. That the accused had told her, “You will see my true colours. You think this is over,” What type of evidence did Kaboyi give to court, and what should the judge do?

The evidence was a dying declaration. The judge should ensure that the evidence is corroborated before relying on it, and if it is not corroborated, he should warn himself before convicting the accused.

Janet Mureeba v Uganda SCCA No. 13/2003

3.      What three tests must a party overcome before any piece of evidence is to be successfully admitted?

·         Authentication

·         Hearsay

·         The best evidence rule

Uganda v David Kamugisha [1988-90]

4.      When may a conviction be entered for a sexual offence if the evidence of the victim is not corroborated?

The conviction may be entered if the Judge warns assessors and himself of the danger of acting upon the uncorroborated evidence of the complainant. Having done so, he/she may convict in the absence of corroboration if he is satisfied that there has been no failure of justice.

Chila v R [1967] EA 722

5.      When is a confession irrelevant?

A confession is irrelevant if the making of the confession appears to the court, having regard to the state of mind of the accused person and to all the circumstances, to have been caused by any violence, force, threat, inducement or promise calculated in the opinion of the court to cause an untrue confession to be made.

S. 24 Evidence Act

6.      Which facts do not need to be proved?

No fact of which the court will take judicial notice need be proved

S.55 Evidence Act

7.      When is it said that the burden of proof lies on a particular person?

It is said that the burden of proof lies on a particular person when a person is bound to prove the existence of any fact

S.101 (2) Evidence Act

8.      Who may testify?

All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

S.117 Evidence Act

9.      What is the parole evidence rule?

The parole evidence rule states that where the terms of an agreement have been reduced to the form of a document, no evidence may be adduced of the agreement except the document itself

S.91 Evidence Act

10.  How are inconsistencies in evidence resolved?

Major inconsistencies are resolved in favour of the accused while minor inconsistences are resolved in favour of the prosecution

Kasule v Uganda (1992-93)

Criminal law

1.      What do you understand by the “M'Naghten rules”?

The M’Naghten rules are that every man is to be presumed sane and for a person to establish a defence on the ground of insanity, it must be clearly proved that, at the time of committing of the act, the party accused was labouring under such defect of reason from disease of the mind, not to know the nature and quality of the act he was doing, of he did know, that he did not know he was doing what was wrong

2.      While at a local bar, Muyaga told the revellers that his cousin Misindo is impotent and not abstaining as he is claiming to do. When Misindo was told of the statements, he at first ignored it. But later in the night, as he thought about it, he was so enraged that he got a panga and without thinking run to Muyaga’s house (about 100m away) and cut him to pieces. Can he rely on provocation? Briefly justify your answer

He cannot rely on provocation as a defence. Provocation can only be relied upon if the crime was committed in the heat of passion. In the instant case, Misindo had enough time to cool down and so had malice aforethought

S.192 PCA

3.      When does failure to act constitute a crime?

At common law, failure to act constitutes a crime when the law imposes a duty to act and the defendant is in breach of that duty

[An example is misprision of treason]

4.      What are inchoate offences?

A step toward the commission of another crime, the step in itself being serious enough to merit punishment.

Blacks Law Dictionary, 9^th Edition Page 1186

5.      The age of criminal responsibility in Uganda is:

a)      18 years

b)      16 years

c)      14 years

d)     12 years (S.88 Children Act)

6.      Apart from a person who directly/actually commits the crime, which other parties may be liable for the offence?

At common law;

·         Principal in the first degree; the actual perpetrator of the crime

·         Principal in the second degree. A party who helps the principal in the first degree in the commission of a crime and who is present at the time and place that the crime is committed

·         Accessory before the fact. A party who assists or encourages a principal to commit a crime, but who is not present at the time and place that the crime is committed

·         Accessory after the fact. A party who knows that a crime has been committed and who, nevertheless, helps the offender to avoid liability

7.      What is a misdemeanour?

A misdemeanour is any offence which is not a felony, and whose general punishment should not exceed two years imprisonment

S. 2(n) and 22 Penal Code Act

8.      How is “nighttime” determined in Uganda’s criminal legislation?

“night” or “nighttime” means the interval between half-past six o’clock in the evening and half-past six o’clock in the morning

S. 2(q) Penal Code Act

9.      List four offences under the Anti-Corruption Act, 2009

Corruption, Abuse of office, Sectarianism, Nepotism, Embezzlement, Causing financial loss, inter  alia

10.  Thieves entered Nuna’s house at midnight and started loading all her property on the truck they had parked outside. When she identified Sula amongst the people, he poured acid on her face and tried to flee the scene, but was arrested by the crowd that had gathered around the scene. Which offence should he be charged with?

Aggravated robbery c/s 286 PCA

Criminal procedure

1.      Who may enter a nolle prosequie?

The Director of Public Prosecutions and the Inspector General of Government

S.134 Trial on Indictments Act, Uganda v Prof Gilbert Bukenya

2.      What options are available to an accused person once the court determines that he/she has a case to answer

Giving Sworn evidence, giving unsworn evidence, remaining silent

Uganda v Thomas Nkulungira HCCS No 426/2010, Uganda v Kiiza Besigye

3.      State two differences between trials in Magistrates Court and trials in the High Court

a)      Trials in the High Court are conducted with assessors, whereas trials in the Magistrates Court have no assessors S.3 TIA

b)     Trials in the High Court are commenced by committal proceedings, which do not take place in the Magistrates Courts S.168 TIA

4.      To whom is a warrant of arrest directed to?

A warrant of arrest is directed to police officers S.7 TIA

5.      What interim remedy is available to a convict on appeal?

Bail pending appeal

Rule 5 Court of Appeal rules, Rule 5 Court of Appeal Rules Arvind Patel v Uganda

6.      Who is a refractory witness?

A refractory witness is one who when required to verbally give evidence before court, refuses to be sworn, having been sworn refuses to answer any question put to him/her, or refuses/neglects to produce any document or thing which he or she is required to produce, without offering sufficient cause

7.      What are the contents of a judgment?

Every judgment delivered under section 85 shall be written by, or reduced to writing under the personal direction and superintendence of, the judge in the language of the court, and shall contain the point or points for determination, the decision on it and the reason for the decision and shall be dated and signed by such presiding judge as on the date on which it is pronounced in open court.

S.86 Trial on Indictments Act

8.      Which persons may commence criminal proceedings?

a)      a police officer by bringing a person arrested with or without a warrant before a magistrate upon a charge;

b)     by a public prosecutor or a police officer laying a charge against a person before a magistrate and requesting the issue of a warrant or a summons; or

c)      by any person, other than a public prosecutor or a police officer, making a complaint and applying for the issue of a warrant or a summons in the manner hereafter mentioned.

S.42(1) Magistrates Courts Act

9.      What is the criminal jurisdiction a Magistrate Grade I?

A magistrate grade I may try any offence other than an offence in respect of which the maximum penalty is death or imprisonment for life;

S.161 (1) (b) MCA

10.  What is the duty of the prosecution if an accused pleads not guilty?

The prosecution has to prove every essential ingredient of the offence beyond reasonable doubt

Matovu Musa Kassim v Uganda SCCA No 27/2007

Law of contract

1.      What is an integration clause?

An integration clause is a contractual provision stating that the contract represents the parties' complete and final agreement and supersedes all informal understandings and oral agreements relating to the subject matter of the contract.

Blacks Law Dictionary 9^th Edition 880

2.      Since a court of law cannot read minds, how does it determine consensus ad idem?

Court will determine the existence of consensus ad idem by looking at the conduct of the parties to determine whether it manifests their consent to the terms of the agreement

Lord Steyn, ‘Contract Law: Fulfilling the reasonable expectations of Honest Men’, (1997) 113 LQR 433

3.      List two elements of economic duress?

·         Wrongful or improper threat

·         No reasonable alternative available to the party

·         The threat actually induces the making of the contract

·         The other party caused the financial distress

Universe  Tankships Inc of Monrovia v International Transport Workers Federation [1981] UKHL 9

4.      What is a condition precedent?

An act or event, other than a lapse of time, that must exist or occur before a duty to perform something promised arises

Blacks Law Dictionary 9^th Edition 334

5.      What is an innominate term?

An intermediate term which cannot be defined as either a condition or a warranty

Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962) 2 QB 26

6.      What is the rule in Hadley v Baxendale [1854] EWHC J70?

A party in breach of the contractual terms is liable for all the losses that the contracting parties should have been reasonably foreseen

7.      How is a tender classified in contract law?

Offer to buy

British Car Auctions Ltd v Wright [1972] 1 WLR 1519

[Admittedly, for clarity, this might have been a “tender bid” not “tender”, but the term “tender” may be used to refer to the bid itself, or the agreement]

8.      What is the effect of misrepresentation on a contract?

The effect of misrepresentation is that it makes the contract voidable, giving the innocent party an option to rescind the contract, or seek damages

Halsbury's Laws of England /MISREPRESENTATION AND FRAUD VOLUME 31, Para 783 (2003)

9.      What do you understand by the term “unconscionability”?

[Also termed as “Inequality of bargaining power”], Unconscionability refers to the principle that a court may refuse to enforce a contract that is unfair or oppressive because of terms that are unreasonably favourable to one party while precluding meaningful choice for the other party.

Lloyds Bank v Bundy [1974] EWCA Civ 8, Blacks Law Dictionary, 9^th Edition 1663

10.  How enforceable is a contract where there is a meeting of the minds, but the parties are mistaken

[Mutual mistake] The contract void and cannot be enforced unless the court finds a reasonable interpretation from its context

Raffles v Wichelhaus [1864] EWHC Exch J19

(The marks in the following sections may not be awarded as I have awarded them)

APTITUDE

1.        “The truth concerning lawyer wealth tends to fall well short of the myth. The practice of law does not always result in material wealth. Many lawyers work long hours in high-pressure situations with little to show for their efforts in terms of material gain. Other advocates, particularly those who have just completed their educational requirements, find it very difficult to find remunerative legal work. Some advocates find themselves looking for a job well over a year after completing their legal studies. Outward appearances drive the myth of lawyer wealth. Many advocates market themselves with their lifestyle. They believe that if they drive a nice vehicle, dress in expensive clothes and live in well-heeled neighbourhoods they will be perceived as successful lawyers. However, many of these advocates stretch their finances to put on such appearances and fail to build up real wealth.” Samuel Kiriaghe ‘Advocates and money in Uganda’ in Brian Dennison, Pamela Tibihikirra-Kalyegira, Legal Ethics and Professionalism: A Handbook for Uganda, (Vol 2 Globethics African Law, 2014)

Which of the following statements is true?

a)      As an advocate, you must live a flashy lifestyle if you are to be considered successful

b)      All advocates struggle to get good jobs after completing their education

c)      The practice of law results in material wealth for some advocates (“The practice of law does not always result in material wealth”, meaning that for some, it results in material wealth)

d)     As an advocate, if you live outside your means, you will not be wealthy

(1 mark)

2.       The Sixth Schedule Advocates (Remuneration and Taxation of Costs) Regulations thereto provides that instructions to sue shall be as follows:

(A) where the amount does not exceed 500,000 shillings—12½ percent on the amount claimed;

(B)   where the amount exceeds 500,000 shillings but does not exceed 5,000,000 shillings—12½ percent on the first 500,000 shillings and 10 percent on the next 4,500,000 shillings;

(C)  where the amount exceeds 5,000,000 shillings but does not exceed 10,000,000 shillings—12½ percent on the first 500,000 shillings and 10 percent on the next 4,500,000 shillings, and 7½ percent on the next 5,000,000 shillings;

(D) where the amount exceeds 10,000,000 shillings but does not exceed 20,000,000 shillings—12½ percent on the first 500,000 shillings and 10 percent on the next 4,500,000 shillings, 7½ percent on the next 5,000,000 shillings and 5 percent on the next 10,000,000 shillings;

(E)  where the amount exceeds 20,000,000 shillings— 1 percent on the excess of 20,000,000 shillings;

You are an advocate in practice, who has just been successful in defending a matter where the money in dispute is UgX 8,000,000. How much would your instruction fees be? (Please show your working)

C is applicable

(12.5/100) × 500,000 = 62500

8,000,000 – 500,000 = 7,500,000

(10/100) × 4,500,000 = 450,000

7,500,000 – 4,500,000 = 3,000,000

(7.5/100) × 3,000,000 = 225,000

62500 + 450,000 + 225,000 = 737500

Thus, my instruction fees would be UgX 737500

(7 marks)

3.      Five boys were climbing a hill. J was following H. R was just ahead of G. K was between G & H. They were climbing up in a column. Who was the second?

G.

Explanation:

The order in which they are climbing is R – G – K – H – J

(1 mark)

4.      Which of the following statements drawn from the given statements are correct? Given: All watches sold in that shop are of high standard. Some of the HMT watches are sold in that shop.

a)      All watches of high standard were manufactured by HMT.

b)      Some of the HMT watches are of high standard.

c)      None of the HMT watches is of high standard.

d)     Some of the HMT watches of high standard are sold in that shop.

Answer is both (b) and (d). “which of the following STATEMENTS”

(2 marks)

5.      All men are vertebrates. Some mammals are vertebrates. Which of the following conclusions drawn from the above statement is correct.

a)      All men are mammals

b)      All mammals are men

c)      Some vertebrates are mammals (correct)

d)     None

(1 mark)

VALUES

(In answering this section, never forget that your are a lawyer)

1.      You are an advocate who has been given instructions to represent the accused in a criminal case that is already cause listed for the next High Court Criminal Session. Upon further interview of your client, he tells you that it is true that he committed the crime he is charged with. He however tells you that he would like to plead “not guilty” and he needs your help so that he is acquitted. Would you still represent him? Briefly justify your chosen reaction

(Whereas an advocate may withdraw from a case in line with Rule 3 of the Advocates Professional Conduct Regulations, be conscious of the following points)

a)      Presumption of innocence; Article 28(3)(a) Constitution

b)     Duty of prosecution in this regard. It is still the duty of the prosecution to prove to court, beyond reasonable doubt, that he committed the offence. Defence is under no obligation Woolmington Vs DPP [1935] AC 662, Miller Vs Minister of Pensions [1947] 2 ALLER 372, 373.

c)      Communications between attorneys and clients are privileged, and so you are not obligated to tell court anything. S.125 Evidence Act

However, the Advocate, as an officer of court, should not take part in any activity that would frustrate the proceedings, like hiding evidence. See S. 16 Advocates Act

(5 marks)

2.      In Uganda, High Court judges retire upon attainment of sixty years, while Justices of Appeal and the Supreme Court retire upon attainment of seventy years. In your opinion, should the age be increased, or reduced. Give reasons why

This question had no specific answers, but all answers should be those of a reasonable man. It is intended to test whether the student has knowledge of current affairs. Some of the common arguments have been that the judges are still healthy to serve, thus we lose their experience. In addition, the nation has case backlog, thus the need for more judges.

On the other hand, the number of lawyers with the necessary qualifications is increasing, and they need to be given gainful employment

(3 marks)