COURSE DESCRIPTION

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 Research 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 OUTCOMES                                            

By the end of this course, students will 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.  
  

 READINGS

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

COURSE DESCRIPTION

This course explores the regulation and evolution of electronic communications. The course surveys the legal framework of telecommunications, broadband and the Internet at several significant points in its development. The course is designed inline with the respective regulatory paths of broadcast, wireline and wireless telephony, cable, and broadband.

LEARNING OUTCOMES

Upon successful completion of this course, students will be able to:

•  Comparatively analyse the broadcast regulations from different jurisdictions; The early regulatory frameworks and their progeny;
  
•  Discuss the advent of long-distance and local market telephone competition;
  
• Trace the evolution of multichannel video communications; and
  
•  Examine the technological convergence,
  
•  Appreciate the emerging dominance of broadband and wireless communications, and
  
• Assess the impact of rapid technological changes.
  

Course Content

• The development of telecommunications law
  
•  Conflicts between service providers and the regulators,
  
• Conflict among service providers; monopoly versus competitive market regulation and issues associated with transitioning from the former to the latter;
  
•  Universal service issues and
  
• The impact of such concerns as intellectual property and free speech. 
  

COMPULSORY LEARNING MATERIALS

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

OPTIONAL LEARNING MATERIALS

• Cunnington, R. S (2007). Text, Cases and Materials on Contract Law, Routledge-Cavendish,
  
• Hodgin R.W. (1975). Law of Contract in East Africa, Kenya Literature Bureau,
  

COURSE DESCRIPTION

This course aims to provide students with an in-depth knowledge on the  legal issues surrounding electronic commerce, including business-to-consumer (B2C), business-to-business (B2B), and consumer-to-consumer (C2C) forms.

LEARNING OUTCOMES

After completion of this course, students will be able to:

• Explore the traditional legal issues surrounding business in an electronic format, particularly the formal validity of electronic transactions, security and authentication, contract formation and electronic payment systems;
  
•  Critically examine the online consumer protection issues, the impact of online advertising and marketing and online fraud;
  
•  Challenges and strategies relating to disputes, such as online dispute resolution and jurisdiction, including the role of the WTO; and 
  
• Selected contemporary legal topics such as virtual worlds.

COURSE CONTENT

• Traditional legal issues surrounding business in an electronic format, particularly the formal
  
• Validity of electronic transactions
  
• Security and authentication,
  
• Contract formation and electronic payment systems
  
• Online consumer protection issues
  
•  Selected contemporary legal topics such as virtual worlds.
  

COMPULSORY READING MATERIALS

• R Whish (2009). Competition Law (6th Ed). Lexis Nexis Butterworths
  
•  Katz A. W. (2012). Foundations of The Economic Approach to Law. LexisNexis
  
• Shavell S. (2004).  Foundations of Economic Analysis of Law. Harvard University Press
  
• OPTIONAL READING MATERIALS
  
• Polinsky A. M. and Shavell S. (2007).The Handbook of Law & Economics. North Holland
  
• Hovenkamp H., The Antitrust Enterprise, Harvard University Press, 2005