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MZUMBE UNIVERSITY

MBEYA CAMPUS COLLEGE

Seminar Questions CLASS LL.B I

2022/2023

SUBJECT: LAW 120: LEGAL METHODS 1

(i) Please take time to think through and map out well the organization of your
answers before writing out the answer(s).
(ii) Your answers should be concise. Avoid verbiage and unnecessary quotations.

QUESTION ONE

Vshnsky, a Russian Jurist maintained that: “Law is a general body of such rules of
conduct expressing the will of the ruling class as established by legislation and of such
customs and rules of the community life as are sanctioned by the government power,
the application of which body of rules is secured by coercive force of the state for
protection, consolidation and development of social relations and the public order,
beneficial and desirable for the ruling.”

In the light of the above presentation by Vshnsky, point out and explain differences
between law and morals. Is there any relationship between law, morals and Justice ?
Exemplify.
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QUESTION TWO

Assuming you are a law graduant from MU-MCC and recently entered in a consultancy
agreement with Mbeya city council to prepare a By-Law for the control of Electronic
waste (e-waste) within the city of Mbeya. One of the terms of reference requires you
to analyse the nature and magnitude of the problem within the scope of Mbeya.
Before you start drafting the said By-Laws explain things you will most consider to
make your assignment perfect. Support your every argument with case laws and
scholarly reasons.

QUESTION THREE

Mwanahamisi is a newly admitted advocate based in Tanga where she works with H&Z
Attorneys a famous law firm located in Tanga. In the last few weeks she was
assigned by her senior counsel to prepare a legal opinion based on the legal
challenges facing the enforcement of basic fundamental rights under the Constitution
of the United Republic of Tanzania, 1977. Before drafting the said opinion she comes
to you for assistance on what she should take into account before drafting the said
legal opinion. Assist her accordingly.

QUESTION FOUR

Careful examine the modern methods of dispute settlement under common law legal
system and state to what extent reflects features under the tradition methods of
dispute settlement.

QUESTION FIVE

“Law” is a complex concept. It has been defined by various legal scholars with a focus
to the nature and environment of a particular society. In the lights of the legal scholars
you have studied in class, clearly point out and discuss the key features necessary in
defining and understanding the concept “law.”
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QUESTION SIX

Compare and contrast the English court structure and the Tanzania court structure. In
your comparison and contrast make reflections on the jurisdictional question.

QUESTION SEVEN

“We lawyers can’t write plain English, we use eight (8) words to say what could be said
in two(2) words, we use arcane phrases to express common ideals, seeking to be
précised we become verbose…” C. Wydick. In the light of the above quotation clearly
explain what bad language is for lawyers. Point out and discuss various ways to avoid
bad language for lawyers.

QUESTION EIGHT

The phrase “the common law” seems a little bewildering at first, because it is always
used to point a contrast and its precise meaning depends upon the contrast that is
being pointed. An analogy may perhaps make this clearer. Take the word “layman”. In
the preceding paragraph the word was used to mean a person who is not a lawyer.
But when we speak of ecclesiastics and laymen, we mean by “laymen” non-
ecclesiastics. When we speak of doctors and laymen, we mean by “laymen” non-
doctors. “Laymen “, in short, are people who do not belong to the particular profession
of which we are speaking. It is somewhat similar with the common law”. Glanville
Williams.; Learning the Law, 12th Ed. P.23.

Required:

(a) Elucidate on what is common law.

(b) Exemplify the origin of the common law.

QUESTION NINE
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In the light of the decision by the Court of Appeal of the United Republic of Tanzania at
Dar es Salaam in the case of Dr. Jean Bosco Ngendahimana v. The University of
Dar es Salaam (UDSM), Civil Appeal No. 304 of 2017, at Dar es Salaam
(unreported), prepare a case note.

QUESTION TEN

What is common in the common law legal system? How does common law differ from
the law of equity?

QUESTION ELEVEN

Using case law discuss the differences between the traditional methods of dispute
settlement and the modern methods of dispute settlement.

QUESTION TWELVE

Case law is one of the sources of law in Tanzania. With decided cases show how case
law has contributed to the development of law in Tanzania.

QUESTION THIRTEEN

Hassan a student at MU-MCC pursuing BHRM is ignorant on various ways of classifying

law. Assist him on how to classify law.

QUESTION FOURTEEN

Judges have different style in reasoning and preparation of Judgement when dispensing

justice. Discuss significantly the various style and state how do they differ from each

other.