THE LAW COUNCIL

THE COMMITTEE ON LEGAL EDUCATION AND TRAINING OF THE LAW COUNCIL

PRE-ENTRY EXAMINATIONS FOR ADMISSION TO BACHELOR OF LAWS

Sample 1

SECTION A
LEGAL METHODS

1. Define what you understand by the term common Law systems.

The term ‘common law systems’ refers to legal systems that give great
precedential weight to common law, so that consistent principles applies to
similar facts yield similar outcomes.

2. State one doctrine of Equity.

The doctrine of satisfaction

3. What are courts of record?

Courts of record are courts whose decisions are a source of binding
precedents for the lower courts in the hierarchy of courts. In Uganda, the
courts of record are the Supreme Court, the Court of Appeal and the High
Court.

4. Explain the meaning of this citation:[1970] 1 W.L.R 725 at 729

The citation means that the particular information being referred to is recorded
in Volume 1 of the 1970 Edition of the Weekly Law Reports, in a case which
starts to be recorded at page 725, but this particular information is found at
page 729.

5. What is meant by the expression per incuriam?

The expression ‘per incuriam’ means a decision of a court that was made in
error by

6. Explain the meaning of the golden rule of statutory interpretation.

The golden rule of statutory interpretation is one that aims at seeking the
intention of legislators to avoid absurdity. The rule is to the effect that if the
ordinary meaning of the words used in a statute is at variance with the
intention of the legislature to be collected from the statute itself, or leads to
any manifest absurdity or repugnance, the language may be varied so as to
avoid that absurdity.
 7. The Evidence Act is cited as Cap. 4. What is the meaning of the citation?
The citation means that the Evidence Act is found in Chapter 4 of the Revised
Edition of the Laws of Uganda that was finalized in 2000.

8. Distinguish between principal and subsidiary legislation.

Principal legislation refers to laws made by Parliament while subsidiary
legislation refers to laws made by persons or institutions under authority
conferred upon them by Acts of Parliament.

9. If an author makes a reference to “Ibid” in a foot note, what does it mean?

A reference to ‘Ibid’ in a foot not means that the information being referred to
in that particular footnote is has been acquired from the authority cited in the
immediately preceding footnote.

10. What is the Bar?

The bar is the whole body of lawyers qualified and certified to practice law in
the courts of law of a particular jurisdiction.
 SECTION B
CONSTITUTIONAL LAW
11. What is a Republican Constitution?
A Republican Constitution is one that provides that a sovereign state or
country is to be organized with a form of government in which power resides
in elected individuals representing the citizenry and government leaders are to
exercise power according to the rule of law.

12. Give one distinction between federalism and decentralization

Federalism is a system of government in which sovereignty of a country is
constitutionally shared between a central governing authority and constituent
political units, while decentralization is the transfer of part of the powers of the
central government to regional or state authority and it is in response to
demands of diversity.

Thus, under decentralization, the central government transfers part of its

powers to local governments as it deems fit and these powers may be
withdrawn at its will. On the other hand, under federalism, power devolves
upon the constituent political units of a country by virtue of a constitutional
requirement and not just the will and discretion of the central government.

13. Define collective responsibility of cabinet

Collective responsibility of Cabinet is the principle under which all members of
the executive are responsible for all government decisions and are to support
each other on policy matters. This principle essentially means cabinet solidarity
and is meant to ensure that policies and decisions are made in line with the
requirements of good administration as provided for in Article 111 of the
Constitution of Uganda.

14. What is dual citizenship?

Dual citizenship is refers to a person’s citizenship status in which such a
person is regarded as concurrently being a citizen of two countries under their
national laws.

15. Explain what you understand by Presidential assent to a bill.

Presidential assent to a bill refers to the constitutional requirement that before
a bill that has been passed by Parliament becomes law, it must be first
sanctioned by the President of the Republic of Uganda.
16. State one remedy of a person who alleges that legislation is unconstitutional.
A person who alleges that legislation is unconstitutional may petition the
Constitutional Court for a declaration to that effect and for redress where
appropriate.

17. Name one right in the Constitution which is non derogable.

The right to a fair trial

18. How did the 1995 Constitution deal with the problem of untitled occupants of
land?

The 1995 Constitution dealt with the problem of untitled occupants of land by
providing that Parliament must make a law to regulate the relationship
between the untitled occupants of land and the titled occupants of land. The
Constitution added that until Parliament made such a law referred to above,
the untitled occupants of land were to enjoy security of occupancy on land.

19. State the doctrine which is now generally accepted as an alternative to the strict
separation of powers between the organs of the state.

The doctrine of checks and balances

20. Outline one Constitutional provision meant to ensure the independence of the
Judiciary.

Article 128 is to the effect that the judiciary shall be independent and shall not
be subject to the control or direction of any person or body.
 SECTION C
LAW OF CONTRACT
21. If offer and acceptance are made by e-mail, where is the contract concluded?
Give a reason.

The contract is concluded at the place where the offeree types and sends the
acceptance e-mail to the offeror.

22. Why is it that as a general rule a stranger to a contract cannot enforce it?

The reasoning behind this general rule is that it is only parties to a contract
that have rights and obligations that arise from the contract. Thus, a stranger
who was not part of the meeting of minds that formed the contract neither has
a legal right, nor obligation to enforce any of its terms.

23. Name one relationship in which the law will presume undue influence to a
contract.

Lecturer-student relationship

24. Distinguish between a void and a voidable contract.

A void contract is a one that is invalid and lacking in any legal force or
significance while a voidable contract is one that is legally valid unless and
until the innocent party decides to treat it as invalid.

25. Illustrate the meaning of unilateral mistake.

A unilateral mistake is one where, before or during the formation of a contract,
one party to the contract makes an error as to a fundamental fact in the
contract.

26. Explain the meaning of restitution in integrum

Restitution in integrum is a contract law principle to the effect that court shall
order that damages be paid to the aggrieved party to a contract only to the
extent that the party is restored to the financial position he or she would have
been in if the breach of contract had not been committed. In addition, court is
to order nothing more than is necessary to restore the aggrieved party to the
aforementioned financial position.
 27. What is the remedy of quantum meruit?
The remedy of quantum meruit is a contract law remedy that requires that a
reasonable sum of money should be paid for the services rendered or work
done when the amount due is not stipulated in a legally enforceable contract
or where the contractual obligations are not fulfilled as stipulated in the
contract.

28. Define what is meant by express terms of a contract.

Express terms of a contract are those provisions of a contract that are clearly and
unequivocally agreed upon by the parties to the contract.

29. Outline one rule governing exclusion clauses

For an exclusion clause to be upheld by court, it must have been
communicated to the aggrieved party before or at the actual time of
concluding the contract.

30. State one way by which a contract can be discharged.

A contract can be discharged through the performance of its obligations by
the parties to it.

SECTION D
LAW OF TORTS
 31. What must a plaintiff who has been defamed prove in court in order to succeed in
that cause of action?

In order to succeed in the action of defamation, a plaintiff who has been defamed
has to prove that a false statement purporting to be fact concerning him or her
was made, that the statement was published or communicated to a third person,
that there was fault on the part of the person making the statement amounting to
intent or at least negligence and that some harm was caused to him or her as the
subject of the statement.

32. John has erected a building on land belonging to Peter. What is Peter’s cause of
action against John?
Trespass to land

33. In your own words, explain the rule in Rylands V Fletcher.

The rule in Rylands v Fletcher operates where a person brings onto land
something which accumulates there. The thing must be likely to cause harm if
it escapes, and its accumulation on the land must amounts to a non-natural
use of land. If that thing escapes and causes damage to another person or his
or her property, liability arises in tort for one who brought the thing onto the
land.

34. What are the most important ingredients of the tort of Negligence?

Existence of a duty of care, breach of the duty of care and damage or loss to the
plaintiff

35. Bosco is a gardener of Maama Tina. While mowing her lawn, a stone flew and
broke a neighbor’s window pane. On what principle would Maama Tina be liable
for Bosco’s acts?
The principle of vicarious liability

36. A driver of a motor vehicle tries to cross a railway line as a hooting train
approaches. His motor vehicle is knocked by the train and is damaged beyond
repair. What defense is available to the owner of the train?