Legal Methods Essay

4897 Words Mar 18th, 2013 20 Pages
CATHOLIC UNIVERSITY OF EASTERN AFRICA
LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI
Faculty Vision:
To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya, East Africa and beyond.
OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers, judges and legislative think and do things according to the law. * It is commonly referred to a set of techniques used to analyze and apply the law and to determine the appropriate weight that should be accorded to different sources of law.
SOURCES OF CLASSIFICATION OF LAW
Means the origin from which human
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Canon Law, Sharia Law etc.

5) CRIMINAL LAW

6) CIVIL LAW

7) INTERNATIONAL LAW

*(SECTION 3 OF JUDICATURE ACT) (ARTICLE 2, CONSTITUTION 2010)*
CLASSIFICATION
1) PRIVATE AND PUBLIC LAW * Public Law is a theory of law that governs the relationship between the state and an individual. It covers the following categories: - a). Constitution
b). Administrative
c). Criminal Law * Private Law is that which governs the relationship between individuals. It includes the following: - a). Law of Tort
b). Law of Contract
c). Family Law
d). Intellectual Property Law etc. 2) CIVIL AND CRIMINAL LAW * Civil Law is a form of Private Law and involves the relationship between individuals. * It is the legal mechanism through which individuals can assert claims against others and have those rights adjudicated and enforced. * The purpose of Civil Law is to settle disputes between individuals and to provide remedies.

* Criminal Law is an aspect of Public Law and relates to the conduct which the state considers with disapproval and which it seeks to eradicate. * The objective is to punish a wrongdoer and to deter other wrongdoers.

3) INTERNATIONAL AND MUNICIPAL LAW * International Law is a set of rules that states and other international actors have an obligation to obey in their relation. * Municipal Law is the national domestic or internal law of a

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