LEGAL METHODS

This course explicitly examines the analytical process needed to solve legal problems. Because it is difficult to separate process from substance, the course will consider the building blocks of legal reasoning within the context of problems that arise in certain first year substantive courses. Specific competencies include analogical and deductive reasoning, application of law to facts, issue spotting and exam taking. 

In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of Tanzanian legal institutions. The course starts with materials from simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. Our materials largely explore the developing law on the related questions of product liability and workplace injury both arising in the borderland between Contract and Tort, the one development occurring almost wholly through common law cases; the other, by statute. In proceeding from the early 19th Century to the greater complexities of the current day, the course explores the sources, forms, and development of law, the analysis and synthesis of judicial precedents, the interpretation of statutes, the coordination of judge-made and statute law, and the uses of legal reasoning. Understanding that today's lawyer must often deal with transactions governed by the civil law, the dominant legal system in much of the rest of the world, the course attempts to expose the student to its development as well.

LEARNING OUTCOME

At the end of the course, students shall be able to:

  •  Learn additional legal research skills as well as persuasive writing techniques
  •  Know different style employed in interpretation of statutes
  •  Learn the basis and styles of legal reasoning
  • Learn the contribution of common law in Tanzania legal regime and the development of the law of negligence and its effects to Tanzania

COURSE CONTENT

  • The Nature, classification and sources of law, authoritative legal materials and usage:
  • Statutes, case law and other materials, legal research, writing, citation of authorities, language of Law, and Language of the Court.
  • Forms and Precedents, forms and types dispute settlement
  • Logic and Legal reasoning-forms, styles and systems of reasoning and systems of reasoning, legalism and two basic activities in law i.e law making and law interpretation.
  • case law techniques
  • precedents and Stare Decisis, statutory interpretation- basic presumptions in the interpretation of statutes, canons of interpretation of statutes and aid to the interpretation of statutes.  

 COMPULSORY READINGS AND SELECTED REFERENCES

  • Block, G. Effective Legal Writing - A Style Book for Law Students and Lawyers, The Foundation Press, New York, 1988
  • Gold N, Mackie K and Twinning W, (Eds) Learning Lawyer Skills, Butterworth, London, 1989
  • Hellen Shapo (Ed), Writing and Analysis in Law, Westbury, The Foundation Press, New York, 1989

OPTIONAL READING

  • Hook, Lucycle, The Research Paper: Gathering Library Material,
  • Organizing and Preparing the Manuscript, 4th Edition, 
  • Englewood Cliffs, New Jersey, Prentice-Hall, 1969



 

 

LAW OF CONTRACT

COURSE DESCRIPTION

The contract law course intended to deal with matters related to private agreements including principles and procedures governing such agreements as well as remedies available to the parties in the event of a breach. The course should enable candidates understand the general principles of contract law, which in turn, constitute the foundation for most business –related laws.

LEARNING OUTCOME

At the end of the course, students shall be able:

  • To enable candidates, acquire knowledge, skills and tools on various aspects of the law of contract and its application.
  • To introduce students to historical background to an institution known contract
  • To impact knowledge on the sources of contracts law
  • To explain and discuss the modalities of concluding a contract
  • To Introduce students to the law relating to formation of an agreement especially the provision of law of Contract Ordinance, Cap, 433
  • To explain the importance & rationale of consideration in a contract
  • To give a general definition of the term consideration

COURSE CONTENT

  •  Development of the law of contract;
  • General principles and formation of contract –offer, acceptance, parties, 
  • Intention to create legal relations, 
  • Capacity to contract, consideration
  •  Validity of contract-free consent, unenforceable, void, voidable and illegal agreements; privity of contract
  • performance; discharge of contract and contract remedies
  • Emerging issues in contracts such as electronic contract (online agreements), 
  • Offshore agreements.

 COMPULSORY   READINGS

  • Beale Bishop & Furmston: Contract Cases & Materials (Latest Edited)
  •  Beatson, Sir Jack, Q,C., Anson’s Law of Contract, 28th Edn, OUP, 2002
  •  Cheshire & Fitfoot: Law of Contract (Latest Edition)

OPTIONAL READING

  •  Cunnington, R. Stone, Text, Cases and Materials on Contract Law, Routledge-Cavendish, 2007
  • Hodgin R.W., Law of Contract in East Africa, Kenya Literature Bureau, 1975.
  • Ian A., Studies in Contract Law, 7th Edn., Foundation Press, 2008


CRIMINAL LAW AND PROCEDURE

COURSE DESCRIPTION

This Course which is divided into two main parts is designed to introduce a law student to principles of criminal law and criminal liability. The first part is concerned with the substantive criminal law which includes the nature and classification of crime, the general principles and rules of criminal responsibility, criminal defense’s, parties to crime and different categories of crimes.

The second part of the course is concerned with procedural criminal law and deals with the practice and procedure in instituting and prosecuting criminal cases, the burden of proof in criminal cases, the impact of Constitutional principles in criminal proceedings as well as the structure and power of courts in criminal matters.

LEARNING OUTCOMES

At the end of the course, students shall be able :

  • To equip students with the general principles underlying criminal law in the social, political and moral context from which it emanates
  • To enlighten students with other significant factors influencing and affecting criminal law including the constitution with respect to the notion of equality before the law and equal protection under the law, right to be heard, presumption of innocence, cruel and unjust punishment/treatment and due process.
  • To acquaint student with proper practice and procedure in conducting criminal cases.
  • To enlighten students on the courts jurisdiction pertaining to criminal matters.
  • To equip students with skills necessary to draft court processes in criminal cases

 COURSE CONTENT

  •  Criminal Law
  • Criminal procedure
  • Property offences
  • Offences against persons
  • Homicide offences
  • Offence against morality / women
  • Criminal procedure

 COMPULSORY READINGS

  •  Chipeta, B.D., Handbook for Public Prosecutors, 2nd Edn. Mkuki na Nyota, 2009
  • Clegg, J., Criminal Litigation, Bristol, Jordan Publishing, 1995
  •  Collingwood; Criminal Law of East and Central Africa,

OPTIONAL READING

  • Daniel E. Hall, Criminal Law and Procedure, 5th Edition
  • David B., The Criminal Court in Action, Butterworth, 1974.
  • Itemba J.M, Law Relating to Bail in Tanzania, Dar Es Salaam University Press, 1991

COURSE CODE AND TITLE: OLW 103: LAW OF CONTRACT

 COURSE DESCRIPTION

The contract law course intended to deal with matters related to private agreements including principles and procedures governing such agreements as well as remedies available to the parties in the event of a breach. The course should enable candidates understand the general principles of contract law, which in turn, constitute the foundation for most business –related laws.

LEARNING OUTCOME

At the end of the course, students shall be able:

  • To enable candidates, acquire knowledge, skills and tools on various aspects of the law of contract and its application.
  • To introduce students to historical background to an institution known contract
  • To impact knowledge on the sources of contracts law
  • To explain and discuss the modalities of concluding a contract
  • To Introduce students to the law relating to formation of an agreement especially the provision of law of Contract Ordinance, Cap, 433
  • To explain the importance & rationale of consideration in a contract
  • To give a general definition of the term consideration

COURSE CONTENT

  •   Development of the law of contract;
  • General principles and formation of contract –offer, acceptance, parties, intention to create legal relations, capacity to contract, consideration
  •  Validity of contract-free consent, unenforceable, void, voidable and illegal agreements; privity of contract
  • performance; discharge of contract and contract remedies
  • Emerging issues in contracts such as electronic contract (online agreements), offshore agreements.

 COMPULSORY   READINGS

  •  Beale Bishop & Furmston: Contract Cases & Materials (Latest Edited)
  • Beatson, Sir Jack, Q,C., Anson’s Law of Contract, 28th Edn, OUP, 2002
  • Cheshire & Fitfoot: Law of Contract (Latest Edition)

OPTIONAL READING

  • Cunnington, R. Stone, Text, Cases and Materials on Contract Law, Routledge-Cavendish, 2007
  • Hodgin R.W., Law of Contract in East Africa, Kenya Literature Bureau, 1975.
  • Ian A., Studies in Contract Law, 7th Edn., Foundation Press, 2008

 

Introduction to Constitution and Legal Statutes in East Africa

COURSE DESCRIPTION

 This course is divided broadly into two parts. The first part of the course dwells on the constitution history, development and current trends in constitutional discourse. On constitutional history, the course will attempt to trace the historical origin of the constitution how it necessitated the emergence of state and law and the role played by them in different times. Then, the discussion will focus on constitutionalism and constitutional development with particular reference to Tanzania and other East African countries. Next is the discussion of various constitutional principles such as the doctrine of separation of powers, parliamentary supremacy, rule of law and independence of the judiciary, and the doctrine of ministerial responsibility.

The second half of the course seeks to critically reviewing the legal systems applicable in East Africa. In this discussion, the focus will be on the history of court system before, during and after colonialism and how that system has affected the present legal system. Then the course will dwell on the discussion of different court structure, establishment, and composition, juristic. Lastly this part will address the issue of law applicable in those courts discussed above and the rules applicable where there is internal conflict of law. Constitution and appeal structure of different court Tanzania.

LEARNING OUTCOMES

At the end of the course, students shall be able to:

  • Introduce and appreciate constitutional history and principles applicable in East Africa
  • Evaluate those principles and how they have been evolved into the present legal system.
  • To identify various legal system applicable in East Africa with reference to Tanzania.
  • Appreciate and evaluate different court systems applicable in East Africa and emergence of the same have been affected and affect the present legal system
  • Learn how to undertake apply basic rules applicable on internal conflict of law.

      COURSE CONTENT

·             Introduction to Constitution and Legal Statutes in East Africa

·             State and Law

·             Constitutions

·             Outline of Gentle Constitution and its Falls

·             Gentle Constitution in Greek Society; Ancient Rome; Tribal Constitution in Germanic Societies

·             Legal System in the Slave State

·             Feudal State and its Legal System

·        Contradictions of the Feudal State

·             Emergency of Feudal Bourgeois State: The Philosophical & Theoretical Struggle against the Feudal State

·             The Doctrine of Separation of Powers

·             The Doctrine of Parliamentary Supremacy

·             The Rule of Law

COMPULSORY READING

·             Allen, Stephen Raley, The Evolution of Governments and Laws, Princeton University Press, Princeton, 1919

·             Denisov, A. et al. Theory of State and Law, Progress Publishers, Moscow 1987.

·             Friedrich, C.J., Constitutional Government and Democracy, theory and practice in Europe and America, New York 1950.

OPTIONAL READING

·             Ghai, Y. The Rule of Law, Legitimacy and Governance, International Journal Sociology of Law, Vol.14.

·             Mellwain, C.H. Constitutionalism and the Changing World, Collected Papers.

·             Philips, O.H.O, Hood Phillips Constitutional and Administrative Law.7th Ed, Sweet   & Maxwell Ltd, 1987

COURSE CODE AND TITLE OLW 102: CRIMINAL LAW AND PROCEDURE

 COURSE DESCRIPTION

This Course which is divided into two main parts is designed to introduce a law student to principles of criminal law and criminal liability. The first part is concerned with the substantive criminal law which includes the nature and classification of crime, the general principles and rules of criminal responsibility, criminal defense’s, parties to crime and different categories of crimes.

The second part of the course is concerned with procedural criminal law and deals with the practice and procedure in instituting and prosecuting criminal cases, the burden of proof in criminal cases, the impact of Constitutional principles in criminal proceedings as well as the structure and power of courts in criminal matters.

LEARNING OUTCOMES

At the end of the course, students shall be able :

·             To equip students with the general principles underlying criminal law in the social, political and moral context from which it emanates

·             To enlighten students with other significant factors influencing and affecting criminal law including the constitution with respect to the notion of equality before the law and equal protection under the law, right to be heard, presumption of innocence, cruel and unjust punishment/treatment and due process.

·             To acquaint student with proper practice and procedure in conducting criminal cases.

·             To enlighten students on the courts jurisdiction pertaining to criminal matters.

·             To equip students with skills necessary to draft court processes in criminal cases

 COURSE CONTENT

·             Criminal Law

·             Criminal procedure

·             Property offences

·             Offences against persons

·             Homicide offences

·             Offence against morality / women

·             Criminal procedure

 COMPULSORY READINGS

·              Chipeta, B.D., Handbook for Public Prosecutors, 2nd Edn. Mkuki na Nyota, 2009

·              Clegg, J., Criminal Litigation, Bristol, Jordan Publishing, 1995

·              Collingwood; Criminal Law of East and Central Africa,

OPTIONAL READING

·              Daniel E. Hall, Criminal Law and Procedure, 5th Edition

·              David B., The Criminal Court in Action, Butterworth, 1974.

·              Itemba J.M, Law Relating to Bail in Tanzania, Dar Es Salaam University Press, 1991

COURSE CODE AND TITLE: OLW 103: LAW OF CONTRACT

 COURSE DESCRIPTION

The contract law course intended to deal with matters related to private agreements including principles and procedures governing such agreements as well as remedies available to the parties in the event of a breach. The course should enable candidates understand the general principles of contract law, which in turn, constitute the foundation for most business –related laws.

LEARNING OUTCOME

At the end of the course, students shall be able:

·              To enable candidates, acquire knowledge, skills and tools on various aspects of the law of contract and its application.

·              To introduce students to historical background to an institution known contract

·              To impact knowledge on the sources of contracts law

·              To explain and discuss the modalities of concluding a contract

·              To Introduce students to the law relating to formation of an agreement especially the provision of law of Contract Ordinance, Cap, 433

·              To explain the importance & rationale of consideration in a contract

·              To give a general definition of the term consideration

COURSE CONTENT

·              Development of the law of contract;

·              general principles and formation of contract –offer, acceptance, parties, intention to create legal relations, capacity to contract, consideration

·              validity of contract-free consent, unenforceable, void, voidable and illegal agreements; privity of contract

·              performance; discharge of contract and contract remedies

·              emerging issues in contracts such as electronic contract (online agreements), offshore agreements.

 COMPULSORY   READINGS

·              Beale Bishop & Furmston: Contract Cases & Materials (Latest Edited)

·              Beatson, Sir Jack, Q,C., Anson’s Law of Contract, 28th Edn, OUP, 2002

·              Cheshire & Fitfoot: Law of Contract (Latest Edition)

OPTIONAL READING

·              Cunnington, R. Stone, Text, Cases and Materials on Contract Law, Routledge-Cavendish, 2007

·              Hodgin R.W., Law of Contract in East Africa, Kenya Literature Bureau, 1975.

·              Ian A., Studies in Contract Law, 7th Edn., Foundation Press, 2008