Student name: Lavina Atieno

Student Reg No: DAFC01/0580/2018

Unit name: Business Law

Unit code: DMBA 1204

Lecturer's name: Priscilla Swanya

Assignment one.

Submission date: 18/01/2021

Questions

1. Define law and state it's features.

Law - Is a body of rules or principles recognized and applied by the state in the administration of
justice.

Features of law.

 It is a set of rules.
 It regulates human conduct.
 It is created and maintained by the state.
 It's violation leads to punishment.
 It has a certain amount of stability and uniformity.

2. Explain the main purpose of Law.

a). Law aims at promoting peaceful coexistence.

b). Law is a standard setting and a control mechanism as it sets standard of behavior and conduct in
various sectors.

c). Law resolves social conflict by providing necessary solution.

d). Law controls and structures public power because it governs various organs of government.

e). It facilitates and effectuates private choice where a person is able to make choices.

3. Describe the main purpose of Law to Business Management.

 It conducts and controls a person's behavior within a business organization.

  It helps maintain law and order which is necessary for any business.
 Law helps resolve disputes between individuals within an organization and between two
different organization.

4. Differentiate between law and morality.

- Law refers to a set of rules or principles that govern the conduct and affairs in a given society at a given
time while morality is the sense of judgement between right and wrong by reference to certain
standards developed by society over time.

- Law governs conduct at least partly through gear of punishment while morality governs conduct out of
sense of being right or wrong not necessarily punishment.

- Rules of law are defined by law itself while rules of morality are defined by morality itself.

- Rules of law may be enforced by an action in court, while morality does not attract the saction of court
for it's enforcement.

5. Distinguish between crime and civil law.

- Crime is an offence against state while civil wrong is an offence against another individual.

- Crime wrong aims at maintaining stability of the state and society by punishing offenders and
deterring them while civil wrong deals with disputes between individuals in which compensation is
awarded to the victim.

- When it comes to burden of proof in crime wrong one is innocent until proven guilty while in civil
wrong the claimant must give proof however the burden may shift to the defendant in situations of
'facts speaks for itself'.

6. Explain the structure of courts in Kenya from the lowest to the highest.

- From the lowest in the hierarchy, we have the following;

I). Tribunals

Tribunals are bodies established by Acts of parliament to exercise judicial or quasi judicial functions.
They support ordinary courts in the administration of justice.

2). Courts Martial

The court Martial hears cases involving people serving in the military. They are established under the
Armed forces act.

3). Kadhis court

Kadhis court deals with cases such as family and succession, while appeals go to high court. They have
authority to hear cases on marriage, divorce and inheritance where those involved mostly are muslims.

4). Magistrate's courts

Magistrate's courts deals with the majority of cases in Kenya. There are 116 court session managed by
455 magistrates. A magistrate's court has the authority to hear all criminal cases except murder, treason
and crimes under international criminal law. Magistrate's court also hear all civil cases except those
limited by statue.

5). High court

High court has jurisdiction to hear all criminal and civil cases as well as appeals from lower courts. The
High court comprises of a maximum 150 judges and has original jurisdiction in all criminal and civil
matters. The High court is a premiere court in interpreting the constitution, hears appeals from
subordinate courts and tribunals and supervised all administrative bodies.

6). Court of Appeals

The court of appeals handles appeals arising over the decisions of the high court as well as other court
tribunals as provided for in law. The court comprised a maximum of 30 judges. The judges then elect a
president among themselves.

7). The Supreme court

It is the highest in the judiciary. The court hears and determines cases relating to presidential elections.
It hears appeals on cases that have been concluded by the court of Appeal issue advisory on matters
concerning county government in cases concerning interpretation and application of constitution and
matters on general public knowledge.