KEITH BUSINGYE LAW GUIDE;Introducing Law Guiding Questions And answers.

Keith Busingye Law.

1.    1.         Define  the term ‘law’.

Law is a body of rules for the guidance of human conduct which is imposed upon and enforced among the members of a given society.

1.    2.         What do you understand by ratio decidendi?

Ratio decidendi is the rule of law which the decision is founded or any rule of law expressly or impliedly treaded by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him.

1.    3.         Give three sources of law in Uganda

○     ¬          Constitution

○     ¬          Written law

○     ¬          Customary law

○     4.         Define the case note

A case note is a short statement summarizing a case, especially relevant facts, issues, holding and the court’s reasoning.

5. Define the following terms according to your understanding of law.

○     ¬          Acts

Acts of parliament are principal laws/ legislations which are made by the parliament or legislature. An Act of Parliament is a statute (commonly called a law) as primary legislation by a national or sub national parliament.

○     ¬          Statutes

A statute is a written piece of legislation passed by a legislative body.

○     ¬          Decree

A Decree is a piece of legislation which is made in absence of a standing elected parliament.

○     5.         What is meant by the term stare Decisis?

Stare Decisis is a judicial decision that has building force depending on the hierarchy of courts. It means “Let the decision stand”.

○     6.         Define Resjudicata.

Res judicata is the final judgment of a competent court which may not be disputed upon by the parties or their successors in any subsequent legal proceeding.

○     7.         Distinguish between a Plaintiff and a Defendant

Plaintiff refers to all persons claiming any right to relief in respect of a cause of action whether jointly, severally or in alternative who may be joined in one suit where if those persons brought separate suits, there would arise a common question of law or right.

Defendant refers to all persons against whom there is a claim of any right to relief in respect of a cause if action whether jointly, severally or in alternative may be joined as defendants where if separate suits were brought against these persons, there would raise a different question of law or right.

○     8.         What is the meaning of ‘Obiter Dictum’?

Obiter Dictum is another way of saying ‘by the way’. A chance remark, which is not binding upon future courts, though it may be respected according to the reputation of the judge.

○     9.         List the hierarchy of courts in Uganda

○     ¬          Supreme Court

○     ¬          Court of Appeal/ Constitutional court

○     ¬          High court

○     •           Court martial

○     •           Commercial court

○     ¬          Chief magistrate’s court

○     ¬          Magistrates court Grade I and II

○     ¬          Local council courts and tribunals

○     10.       Define a constitution

A constitution is the fundamental and supreme law of the land that sets the rules, principles that govern the people and regulates the relationship between the people and the government.

○     11.       What is a Coram?

Coram is used to refer to judges present during a judicial proceeding.

○     12.       What does the term issue mean?

Issues are points of contention which arise from the facts and upon which the courts make a ruling e.g. whether the accused was raped.

○     13.       What is referred to as a bye-law?

A bye law refers to a legislation of a subordinate kind within the field of local government.

○     14.       Mention the 3 rules of interpretation of statutes.

○     ¬          Mischief Rule

○     ¬          Golden Rule

○     ¬          Literal Rule

○     15.       What is the precedent doctrine?

Precedent refers to an adjudged case of the decision handed down by the courts in earlier cases, giving authority for an identical or similar case afterwards arising a similar question of law.

○     16.       Distinguish between public law and private law.

Public law refers to rules regulating the relationship between the government and individual e.g. it is constituted in the constitution and regulatory statutes where as Private law defines the duties of individual interests and is primarily concerned with the rights duties of the individuals towards each other.

○     17.       What is the difference between Substantive and Procedural law

Substantive law refers to the portions of a country’s legal systems which define the contents of legal norms or determine the legal subjects, rights and duties of persons where as Procedural law is a branch of law of litigation or the means by which substantive norms are enforced.

○     18.       What do you understand by the terms Common law and Equity?

Common law means the law of England which established the basic common law principles when judges decided cases on the theory that they were declaring the customary law of England WHERE AS Equity is a body of rules of fairness or natural justice/public morality in a particular community.

○     19.       Mention at least three criteria’s for a custom to be valid?

○     ¬          It must be reasonable

○     ¬          It must be time immemorial

○     ¬          It must be certain

○     ¬          It must be continued without exception

○     20.       What do you understand by the term ‘locus standi’?

Locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

○     21.       What is the difference between a Moot and a Mock Trial

Moots are legal problems in the form of imaginary case which are argued by two student counsel (a  leader and a junior) on each side, with a ‘bench’ of ‘judges’ representing the court of Appeal or House of Lords. Mock Trials on the other hand are jury trials, with jury and witnesses, and not an argument on law.

○     22.       What is the difference between Criminal Law and Civil law

Criminal law defines offences, prescribes punishments and sets down principles of criminal responsibility and seeks to protect the public against wrongs done by bad elements in society.

Civil law however is the branch of law dealing with disputes between individuals and or organizations in which compensation may be awarded to the victim. E.g. if a car crashes a victim, and he claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.

○     23.       Outline the contents of a Case note

○     ¬          Briefs facts

○     ¬          Issues

○     ¬          Holding

○     ¬          Law Applicable

○     24.       Write the following in full

TLR                 →        Time Law Reports/Tanganyika Law Reports

SCCA              →        Supreme Court Civil Appeal

HCB                →        High Court Bulletin

ULR                 →        Uganda Law Reports/University Law Reviews

ULRJ               →        Uganda Law Review Journal

KALR                          Kampala Law Reports

○     25.       Apart from litigation, mention other two ways through which disputes can be resolved

○     ¬          Arbitration

○     ¬          Medication

○     ¬          Negotiation

○     26.       Outline the hierarchy laws in Uganda

○     ¬          The constitution

○     ¬          Customary law

○     ¬          Judicial Decision /case law

○     ¬          Common law principles of equity

○     27.       Define a right.

A right is used to convey something that is a permanent entitlement normally protected by objective rules.

○     28.       What is PCA in full

PCA - Penal Code Act

○     29.       What is your understanding of the word Justice?

Justice refers to the upholding of rights and the punishment of wrongs by the law to the offenders.

○     30.       Distinguish between Municipal Law and International Law

Municipal law is that law that deals with the affairs of a country within its boundaries where as International law is the body of laws which is composed for its greater part of the principal and the rules of conduct which states feel themselves bound to observe and therefore do commonly observe in their violation with each other.

○     31.       What terms are used to refer to Parties in a civil suit?

○     ¬          Plaintiff and Defendant

○     ¬          Appellant and Respondent

○     ¬          Applicant and Respondent

○     ¬          Petitioner  and  Respondent

○     32.       What terms are used to refer to Parties in a criminal suit

○     ¬          Prosecutor and Defendant

○     ¬          Appellant and Respondent

○     33.       What is a Bill?

A bill is a statute in draft before it becomes law. It is also a plan for anew of altered law that is put before a parliament.

○     34.       What is the meaning of "Ex parte"?

"Ex parte” is a Latin word to mean one party. It refers to motions, hearings or order granted on a request for one party and for his/her benefit only. It also refers to situation in which only one party (and not the adversary) appears before a judge.

○     35.       What do you understand by the phrase "Legal system"?

"Legal system" is a system for interpreting and enforcing the laws. It also refers to the rules, regulations and doctrines of law which apply in a given society.

○     36.       Define a custom

A custom is a usage that has obtained the force of law and is binding to such particular places, persons and things which it concerns.

○     37.       What is the importance of precedent?

It establishes uniformity, consistence, and certainty in the law. It makes the law applicable to future transactions certain and the future decisions of judges predictable.

○     38.       What is the language of law in Uganda?

○     ¬          English

○     39.       What is the impact of a revolution on a legal system?

Kelsen argues that once a revolution is successful, that revolution destroys the old legal system/order and establishes a new legal order.

○     40.       If a case is reported in All E.R where else is it reported?

Appeal Cases, Times Law Reports or Weekly Law Reports.

○     41.       How can one trace unreported cases?

Unreported cases may be traced by referring to the numbers or reference provided by the respective registries.

○     42.       What is the structure of a well reported case?

It provides a summary which concedes the important points in the case including the parties to the suit, the citation, the facts, issues and the judgment.

○     43.       What is a dissenting judgment?

A dissenting judgment is that judgment that is different or not in agreement with the major judgment in the case.

○     44.       What are the functions of the judicial services commission?

○     ¬          It advices the president on matters of appointment as well as disciplining of judicial officers.

○     ¬          It reviews and makes recommendations on the terms and conditions of service for judicial officers.

○     ¬          It is responsible for judicial officers and also receives complaints about members of the judiciary.

○     45.       What is the function of the inspectorate of courts?

It evaluates the body of magistrates with a view of improving the quality of service to the courts throughout the various magisterial areas.

○     46.       Who determines the order of business in parliament?

The Speaker of Parliament.

○     47.       Who may introduce a bill in parliament?

Either the government or any Member of Parliament.

○     48.       How is a Bill endorsed?

By being signed and assented by the President.

○     49.       How may law be classified?

○     ¬          ¬          National law

○     ¬          International law        

○     ¬          Public law

○     ¬          Private law

○     ¬          ¬          Common law

○     ¬          Civil law

○     ¬          Substantive law

○     ¬          Procedural law

○     50.       What are the arms of Government?

○     ¬          The Executive

○     ¬          The Judicial

○     ¬          The Legislature

○     51.       What is a leading case?

A leading case is a court case which results in a decision which sets a precedent. It may establish a new concept or interprets a law in a new way.

○     52.       What is referred to as a Binding Precedent?

A binding precedent is existing law that must be followed and is binding only on lower courts. It follows stare decisis.

○     53.       Name four elements of Rule of law

○     ¬          Laws must be published.

○     ¬          Law must exist and those laws should be obeyed by all, including officials and should stand the test of time.

○     ¬          Laws must contradict contradictions.

○     ¬          Laws must command the impossible.

○     54.       Differentiate between a matter of law and a matter of fact

A matter of law is that matter which is determined through the use of statute, rules, court decisions, and interpretations of legal principles where as a matter of fact is a question put to the jury although it may be determined by the judge.

○     55.       What is case law?

Case law is a body of available writings explaining the verdicts in the case. It is often created by the judges in their writings when they write their decisions and give the reasoning behind them as well as citing precedents in other cases, statements that had a bearing on their decision.

○     56.       Suggest the meaning and importance of the Hansard

Hansard means official report of Parliamentary Debates; importance is to discover the will of the parliament as an aid to judicial statutory interpretation when legislation is unclear.

○     57.       What does the Re; mean as far as case citation is concerned?

○     ¬          Re; in the matter of

○     58.       What does ‘amendment of law’ mean?

It means that the law is annulled by an authoritative Act. In other words that the law is no longer a law but has been altered.

○     59.       What does the process of law reform entail?

It is the process of examining existing laws and advocating and implementing changes in the legal system usually within the aim of enhancing justice or efficiency.

○     60.       Mention the various ways how you would look for a case from the library?

○     ¬          Law Report

○     ¬          Parties

○     ¬          Year it was reported

○     ¬          Reforming to the index book of cases

○     61.       Differentiate between principle and subsidiary legislation

Principal laws are those laws enacted by the legislature e.g. Acts and Decrees while subsidiary legislation are laws under principle legislation and they take the form of statutory instruments such as legal notices, regulations and ordinances.

○     62.       What is the meaning of MR?

○     ¬          MR  - Master of Rolls

○     63.       What does the Latin word ‘Law naturalis’ mean?

Law naturalis means the law whose content is set by nature and has validity everywhere. The rights or values are inherent.

○     64.       What is ADR in full?

○     ¬          Alternative Dispute Resolution

○     65.       Define the term “rule of law”

Rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive rise of government power.

○     66.       Distinguish between rules and regulations

Rules are principals or conditions that customarily govern behavior where as regulations are authoritative rules.

○     67.       What does the term ‘legislation’ mean?

It means the process of making law. It is also a reference made to the whole body of laws.

○     68.       Differentiate between statutory and non-statutory law

Statutory laws are those that are made by the legislative body such as the Parliament and local government whereas non-statutory laws are those that are not made by a legislative body but by customs, practices and court decisions.

○     69.       What does the term ‘Act’ mean?

An Act is a bill, which has been enacted by parliament legislative elected through adult suffrage and assented to by the President.

○     70.       Speaking as a lawyer, what is your take on mob justice?

Mob justice is an injustice to the victim. One of the natural justice rules addressed by the law is that a person is presumed innocent until proven guilty through a fair trial; before an impartial and independent tribunal. Mob justice is to the effect that justice is seen to be done yet it does not seem to be done to the victim who may have been tortured innocently and was not given an opportunity to defend himself.

○     71.       What is a crime?

A crime is an act, default, or conduct prejudicial to the community, the commission of which by law renders the person responsible liable to punishment by June or imprisonment in special proceedings, normally instituted by officers in services of the crown or government.

○     72.       Name the three divisions of the High Court according to common law

○     ¬          Queen’s Bench Division

○     ¬          Chancery division

○     ¬          Family division

○     73.       What do square brackets and round brackets signify in the citation of a case?

Square brackets mean that the date/year is an indispensable (absolutely necessary)part of the reference to the case while in cases of round brackets the date/ year is not an indispensable part of the reference to the case.

○     74.       What does the abbreviation C.J stand for?

○     ¬          Chief Justice

○     75.       What is the supreme law in Uganda?

○     ¬          The constitution of the Republic of Uganda 1995.

○     76.       Explain the meaning of "My Neighbor" Principle in the case of Donoghue V Stevenson

"My neighbor" principle is a rule to the effect that you are to love your neighbor enough not to injure them. You must take reasonable care to avoid acts or omissions which can reasonably be foreseen and are likely to injure your neighbor. Neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as long as is affects when I am directing my mind to the acts or emissions that are called in question.

○     77.       What is meant by legal reasoning?

Legal reasoning is the process by which lawyers think about any legal problem.

○     78.       What are the five aspects of a judgment?

○     ¬          A recitation of the facts of the legal case

○     ¬          The issues arising out of the given facts

○     ¬          The reasoning over the appropriate resolution of that issue

○     ¬          The ruling resolving the issue

○     ¬          The results or outcome of the case

○     79.       Who is the current Chief Justice of Uganda?

○     ¬          Hon. Mr.  Bart katureebe

○     80.       If a person is not satisfied by the decision, of the court of appeal, to which court can be apply for redress?

○     ¬          The Supreme Court

○     81.       In which year was the first constitution of Uganda put in place?

○     ¬          In 1962

○     82.       What is statutory interpretation?

It is the interpretation of legislative texts or finding the meanings of legislative texts.

○     83.       What are the contents of res judicata?

○     ¬          The matter of the suit must have been directly and substantially in issue in the former suit

○     ¬          The litigations must be between the same parties or representatives of those parties.

○     ¬          The parties must have had litigation under the same title.

○     ¬          The court trying the former suit must have been competent to decide such issue or suit.

○     84.       What do you understand by a Judgment?

A judgment is a decision or sentence of a court in a legal proceeding. It also includes the reasoning of the judge which leads him to his decision which may be reported and cited an authority if the matter is of importance or can be treated as a precedent.

○     85.       What do you understand by the term sub silentiol?

 It is a latin word to infer that the decision is not binding; i.e. one in which the existence of the particular point was not perceived by the court so that it was not discussed in the judgment.

○     86.       Name the two maxims upon which resjudicata is based;

○     •           ‘interest reipiblicae ut suit finis litim’- it concerns the state that there be an end to law suits.

○     •           ‘nemo debet bis vexari pro umo et eadem cause’- no man should be harassed twice over the same cause.

○     87.       What is the function of the Judiciary?

To dispense Justice in one form or another and to administer justice duly and impartially with reference solely to the facts brought before court. Other functions are laid down in chapter 8 of the Constitution of the Republic of Uganda.

○     88.       What are the three arms of government?

○     •           The Executive

○     •           The legislature

○     •           The judiciary

○     89.       Define a court?

A court is where justice is administered or ministered and because it is looked at in relation to a judge or judicial persons, it is persons who exercise judicial functions under the authority derived either directly or indirectly from the sovereign.

○     90.       What is a tribunal?

A tribunal is a body with judicial or quasi judicial functions that are set by the statute and usually constitutes of an independent chairperson that Is legally qualified and any other 2 persons representing the opposed interests.

○     91.       What are the advantages of a tribunal?

○     •           The procedure is cheaper and quicker than ordinary courts.

○     •           They are staffed by members who have intimate knowledge of the matter before it.

○     •           They are not bound by precedent like the ordinary courts.

○     92.       What is an arbitration agreement?

According to Section 3 of the Arbitration Act Arbitration Agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship whether contractual or not. 

○     93.       Who has been the principal judge of Uganda?

Justice Kibita Mike

           

○     94.       What is a trust?

A trust is a relationship which subsists when a person called the trustee is compelled by a court of Equity to hold property, whether real or personal, and whether by legal or equitable title for the benefit of some persons, of whom the trustee himself may be one and who are called cestui que trust or beneficiaries, or for some object permitted by law; in such a way that the real benefit of the property accrues not to the trustee, as such, but to the beneficiaries or other objects of the trust.

○     95.       Who is the speaker of Parliament?

Rt. Hon. Rebecca Kadaga

○     96.       Kalinaki John, aged 15years commits a crime, in which court would he be tried?

The Family and Children’s Court.

○     97.       What do you understand by ‘tort’?

A tort is a civil wrong.

○     98.       What is the main function of the legislature?

To make law

           

○     99.       What is the meaning of ultra vires?

It simply means beyond the powers. In other words, someone will act ultra vires if he/she acts beyond the powers conferred upon him/her.

○     100.     What do you understand by pro bono services?

These are free services offered by an advocate to a person who is unable to afford legal services of an advocate.

Keith Busingye Law.