SCHOOL OF LAW

L103- INTRODUCTION TO LAW

MID SEMESTER EXAMINATION

OCTOBER 2020

HOURS

TIME ALLOWED: 2 HOURS PLUS 5 MINUTES READING TIME

INSTRUCTIONS TO CANDIDATES

1. Check that you have the correct examination paper in front of you.

2. The paper consists of four (4) questions. Answer ALL.

3. All answers must be written in the answer booklets provided only.

4. Write down the number of questions attempted on the cover page.

5. Begin answering each question on a new page.

6. Candidates are NOT permitted to bring into the examination any statute(s).

7. There shall be no communication among students during the examination. Any

attempt to make such communication will lead to disqualification.

DO NOT TURN THIS PAGE UNTIL TOLD TO DO SO BY THE INVIGILATOR

Question 1

The storyline below was enacted by volunteers who played a role play in order to illustrate
the appreciation of matters pertaining to natural law, positivist law, legal system, justice
and classification of law.

The details were as follows:

On dates unknown Dylan Kachaka introduced his friend Caroline to a gentlemen Joseph
popularly called “Tee-jay”. The three decided to hold a little special gathering at Dylan’s
house which involved a braai and enjoyment of the local brew popularly referred to as
“kachasu”. Caroline not being much of a drinker decided to excuse herself from the
drinking parade and enjoyed a cool glass of jolly juice mixed with ice-cubes.

Shockingly enough Tee-jay made a proposition to Caroline of a possibility to be his future

wife because he could not believe a lady could be so disciplined “sipping on jolly juice’.
Caroline angrily declined and lightly pushed Tee-jay away.

Tee-jay furiously updated Dylan of the rejection that he encountered. Dylan frantically
attempted to calm the visibly upset Tee-jay, requested that he goes inside the house
immediately. Dylan joined a visibly upset Caroline outside the house but she excused
herself with the intention of obtaining more ice cubes in the house.

In the blink of an eye Dylan was startled by loud wailing, deep cry for help from Caroline.

It was discovered that Tee-jay stabbed Caroline four times on her back resulting in wound
cuts so deep that they protruded to her chest area. She was rushed to the hospital and
whilst admitted she required urgent medical treatment which involved a blood transfusion.
Caroline was a Jehovah’s Witness whose religious views precluded accepting a blood
transfusion. She was informed by the doctor Synet that without a blood transfusion she
would die but still refused to oblige to the treatment as a result of her religious conviction.
Caroline herein referred to as the victim subsequently died and Tee-jay here-in referred
to as the defendant was found with a case to answer and is set to appear before the court
facing murder charges.
Tee-jay appeared in court and was being represented by Counsel Chikondi (counsel for
the defendant) and Kasiku Kayuma counsel for the state before an honourable bench
comprising of Judge Thomas and Nganiwe. The judges subjected counsel to burning
questions during their submissions.

Below are the line of submissions for each counsel respectively:

Counsel Kasiku argues that according to the moral standards in Zambia it was immorally
in correct for Caroline to decline an offer made by a man- she was to blame because she
infuriated him. Counsel Kasiku proceeds to submit that positivist law is not superior to
natural law.

The judges inform Counsel Kasiku that her client maybe subjected to the death penalty.
Counsel Kasiku strongly submits that subjecting her client to the death penalty is “not fair”
because it is immoral to kill!

In her submission she angrily states that this matter did not require the involvement of the
state as it was between Tee-jay and Caroline and does not understand the states
involvement.

Counsel Chikondi in his line of submission argues that positivist law is law whether
regarded to be unjust or just and does not regard issues of morality. He strongly
advocates that there is need for justice for the loss of life and the judges should disregard
the submission made by counsel of the opposing side as it is misleading the court.

Provide a detailed analysis of the submissions made by counsel Kasiku and Chikondi
clearly demonstrating whether or not their submissions are factual taking into
consideration matters pertaining to natural law, positivist law, legal system, justice and
classification of law. [25 Marks]
Question 2

Write short notes on the following:

1. Common law [5 marks]

2. Legal system [5 marks]
3. Civil Law [5 marks]
4. Criminal liability [5 Marks]
5. Nature of law [5 Marks]
Total: [5 Marks]

Question 3

Law may be defined as rules and/or regulations that are utilized in order to regulate the
conduct of people in a society. In light of this statement it is cardinal to appreciate that
law is applicable and binding on the whole society at large regardless of ones’ political,
social or tribal affiliation. The resultant consequence of defining these laws may lead to
one being held legally liable. However, the non-compliance of moral obligation may simply
result in mere rejection or shun or disownment in the society.

Discuss the assertion above. [25 Marks]

Question 4

Daniel once stated during a class that ‘Justice is difficult to define because it is usually
tailored to statutory law. This is so due to the fact that the law is not perfect and all-
encompassing despite its superiority’. Opine as to whether or not the application of law in
the society achieves its intended purpose of justice. [25 Marks]