Makaka wasomi na dada msomi walivyojinadi jana huko Arusha

Makaka wasomi na dada msomi walivyojinadi jana huko Arusha

Pop de Zungu said:
Wakili msomi inatokana na wao kuwa mara kwa mara lazima wapitie vitabu ili kujua sheria mbalimbali yaani lazima wasome kila wakati lakini kozi zingne ukiisha maliza chuo hakuna tena inshu ya kupitia pitia sijui nn
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Sheria hutungwa na wananchi kupitia wabunge wao. Mwanasheria ni mtu aliyesoma hizo sheria. Akishazisoma na kuhitimu anajiita Msomi (Learned person) na wale wananchi waliozitunga hizo sheria anawaita unlearned or lay people!! Chama chao watakiita bar, vyama vya wengine wataviita vilabu!!!

I was just joking. Wish all the best members of the Tanzania Bar Association for the impending elections.
 
Tetty said:
An


Anaweza akaishia form.four akawa Muhasibu kama tu umemaliza CPA(T) na kufaulu.Unaweza kuwa cashier kama.tu umefaulu Atech 1&2.

Ikimaliza first degree yako au kamasters bado hujaqualify kuitwa Muhasibu au mkaguI utaitwa msaidizi tu.

Pole kama hujui.
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Acha uongo kuitwa muhasibu sio lazima usomee CPA (T) ila kuitwa mkaguzi wa hesabu ( Auditor ) uwe internal au external ndio lazima uwe na CPA
 
kindagateni one said:
Ukishakuwa wakili wewe ni Msomi tayari neno Msomi linatumika kurefer tu mtu aliyeko kwenye legal professional sababu zipo nyingi nimejaribu kueleza huko huu baadhi tu. Hii siyo Tanzania bali ni kwa All common law countries kwa kiingereza wanatumia neno Learned Advocate/brother/sister/ judge / chief justice etc
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Binafsi nafikiri Wanaitwa hivyo maana taaluma yao inawataka wawe wanasoma mara kwa mara na kiasi kikubwa taaluma yao lazima uwe unakariri.

Engineer au doctor hahitaji kukariri maana taaluma yake haihitaji kukariri yaani kama baiskeli tu ukijua kuendesha unajua tu..
 
QUOTE="Patriot, post: 20207441, member: 9284"]Ni lugha ya majivuno kama Gwajima anavyojiita mtumishi wa Mungu. Neno msomi ni kutaka watu waamini kwamba wako pale kwa niya njema sana!

Pia hayo mambo yalianzia Roman empire. Sheria na Philosophy ni taaluma kongwe ktk vyuo vikuu vya awali. Zilipoingia taaluma zingine muhimu kwa jamii kuliko sheria na philosophy kama vile udaktari na injinia, wakajiona kama wamedhalaulika. Wakajipa jina la usomi, the learned gentlemen. Kumbuka wanawake hawakuonekana kuwa watu wanaofaa kushika nyadhifa muhimu.[/QUOTE]Mkuu, lakini wewe ni Mwanasheria?! Anyway, lakini umenipunguzia muda manake, kindagateni one amefafanua kwa kirefu kwenye post #19. Niliposoma hoja yake ya kwanza; kwangu ika-sound as if hiyo term origin yake itakuwa na negativity fulani... yaani hapa nilitaka kutafiti!! Nilitembelea source ya kwanza ambao maelezo yao ni kama alivyo eleza Kindagateni!!!
 
I now wish to separate the meat from the bone in so far as the term “learned friend” is concerned. In particular, I wish to answer the often asked question why lawyers, judges and magistrates refer to themselves as “learned”.

What is so special, if at all, about them that is not present in other “professionals or professions”?

It has been said that by labelling themselves with the “learned friend” sticker, lawyers, judges and magistrates somehow, place themselves at positions that are loftier than other “professionals”.

It has been said that those in the legal profession see themselves as being superior and have sometimes been accused of looking down upon other “professionals” as inferior and unimportant.

However, nothing can be further from the truth.

To start with, the term “learned friend/brother/sister” as the case may be is used in court more as a tradition. Second and more importantly, it is a respectful way of addressing a fellow lawyer in court.

It is particularly suitable when used in those situations when one lawyer is not in agreement with the submissions made by his adversary. One might also say the term is, therefore, used to embellish, if not to sugar-coat, criticism of the other lawyer so that the working environment remains conducive for the proper resolution of the matter before the court.

You can imagine if out of disagreement, lawyers resorted to calling each other names and other ungentle-man-like words in court. Certainly, that would not aid the proper resolution of the case before the court.

Away from court decorum, lawyers, magistrates and judges are unlike any other professionals you can think of. They are not like doctors, nurses, architects, accountants, internal auditors or any other so-called “professionals” because by the very nature of their training, lawyers, judges and magistrates are expected to know everything that is under the sun and all that is beneath the oceans.

It may be said that doctors know everything about the human body and medicine, accountants know all about accounting, engineers know all about their particular fields of trade, robotic scientists know everything about their chosen calling and so on and so forth.

The situation is somewhat different with lawyers.

At law school, aspiring lawyers are taught how to understand and interpret the law. By the time they complete the course, they will know how to understand the client’s case, where to find the applicable law and how to interpret and apply that law.

That is why in court, a lawyer is able to question and cross question a witness who is a “professional” in his own trade to the extent that the witness may end up agreeing with the lawyer that what he, the witness, thought was a certain state of affairs was, in fact, not so.

Prosecutors, although employed by Government, may also qualify to be called “professionals” in that when they handle cases in court, they do so without seeking to protect or advance the interests of anyone except the ends of justice.

In addition, they are also trained to prosecute any person, with the exception of the President while still in office, who has committed a criminal offence of whatever nature and in doing so, they have unencumbered discretion.

Some readers may recall many years ago then Attorney-General Patrick Chinamasa, just an ordinary lawyer without any training whatsoever in medical science, was able to secure a conviction for a certain Dr Richard Gladwell McGown for an offence arising directly out of the practice of medicine.

One cannot seek the services of an accountant if he has a headache and neither can an engineer consult an auditor if he wants to know how best to get his product onto the market.

Equally, if a shop-owner wants to know if he is making profit, he has to liaise with his accountant and not his insurer. If a cattle rancher wishes to ensure that his animals do not contract foot-and-mouth or any other disease, he has to see a veterinary doctor and not an architect.

If you wish to move your goods from one location to another, you have to call a logistics practitioner.

Equally, a barber cannot be consulted by a motor vehicle owner if the vehicle breaks down or is due for service and so on.

But when all these “professionals” have a legal problem arising out of their chosen vocations, they will all line up at the lawyer’s door and each and every one of them will be ably attended by the very same lawyer.

So, to the extent that a lawyer is able to handle cases arising out of all these diverse vocations, it may be accurate to come to the conclusion that the legal profession is in a class of its own but not necessarily that it is special, no.

Equally, all magistrates and judges from the Magistrates Court, High Court, Supreme Court and the Constitutional Court have sat over and effectively dealt with all sorts of cases from the law of the seas, commercial law, labour law, criminal law, family law, international law and any other matter that has been brought there before them.

In short, the work of lawyers, magistrates and judges cuts across all facets of life with nothing excepted.

There is not one case that has been brought before a court of law and the magistrate or judge has said “no, I am not possessed of the requisite knowledge about this case, therefore, it is not going to be heard”.

It is that ability, that uniqueness or exclusivity to understand everything legal issue of whatever nature that those in the legal profession are capable of that makes them qualify to be called or to call themselves “learned”. Those in all other “professions” may be said to be “educated” but certainly, they are not “learned”. No disrespect or offence intended to those in other “professions” and I am certain, none taken.

If it will sooth those in other professions that might feel offended or disrespected, then I would conclude that lawyers are probably not “educated” but that they are “learned” with the two terms, however, balancing each other out on the scale.

Tichawana Nyahuma is a legal practitioner who writes in his personal capacity. Feedback: nyahuma.t@gmail.com

Iwasaidie kuelewa
 
Good People said:
Just ''I have made decision'' nyinyi mlioko US mna practice sana Bongo hapa watu wakisha graduate Kiingereza nacho hupotea wajanja huji update British Council pia tafuta marafiki wazungu wabongo ukiongea Kiingereza wanasema unajidai.
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Na wewe mkuu utakuwa umeongea sawa na Magufuli tu, yaani hamzidiani mbali, usahihi ingekuwa "I have made a decision"
 
Pop de Zungu said:
Wakili msomi inatokana na wao kuwa mara kwa mara lazima wapitie vitabu ili kujua sheria mbalimbali yaani lazima wasome kila wakati lakini kozi zingne ukiisha maliza chuo hakuna tena inshu ya kupitia pitia sijui nn
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Vipi kuhusu walimu, hasa wa vyuo vikuu? Nahisi wao ndo wanasoma zaidi ndo maana wanaitwa academicians. Na neno learned maana ake tayar washajifunza! Haimaanishi wanajifunza kila siku.
 
comte said:
I now wish to separate the meat from the bone in so far as the term “learned friend” is concerned. In particular, I wish to answer the often asked question why lawyers, judges and magistrates refer to themselves as “learned”.

What is so special, if at all, about them that is not present in other “professionals or professions”?

It has been said that by labelling themselves with the “learned friend” sticker, lawyers, judges and magistrates somehow, place themselves at positions that are loftier than other “professionals”.

It has been said that those in the legal profession see themselves as being superior and have sometimes been accused of looking down upon other “professionals” as inferior and unimportant.

However, nothing can be further from the truth.

To start with, the term “learned friend/brother/sister” as the case may be is used in court more as a tradition. Second and more importantly, it is a respectful way of addressing a fellow lawyer in court.

It is particularly suitable when used in those situations when one lawyer is not in agreement with the submissions made by his adversary. One might also say the term is, therefore, used to embellish, if not to sugar-coat, criticism of the other lawyer so that the working environment remains conducive for the proper resolution of the matter before the court.

You can imagine if out of disagreement, lawyers resorted to calling each other names and other ungentle-man-like words in court. Certainly, that would not aid the proper resolution of the case before the court.

Away from court decorum, lawyers, magistrates and judges are unlike any other professionals you can think of. They are not like doctors, nurses, architects, accountants, internal auditors or any other so-called “professionals” because by the very nature of their training, lawyers, judges and magistrates are expected to know everything that is under the sun and all that is beneath the oceans.

It may be said that doctors know everything about the human body and medicine, accountants know all about accounting, engineers know all about their particular fields of trade, robotic scientists know everything about their chosen calling and so on and so forth.

The situation is somewhat different with lawyers.

At law school, aspiring lawyers are taught how to understand and interpret the law. By the time they complete the course, they will know how to understand the client’s case, where to find the applicable law and how to interpret and apply that law.

That is why in court, a lawyer is able to question and cross question a witness who is a “professional” in his own trade to the extent that the witness may end up agreeing with the lawyer that what he, the witness, thought was a certain state of affairs was, in fact, not so.

Prosecutors, although employed by Government, may also qualify to be called “professionals” in that when they handle cases in court, they do so without seeking to protect or advance the interests of anyone except the ends of justice.

In addition, they are also trained to prosecute any person, with the exception of the President while still in office, who has committed a criminal offence of whatever nature and in doing so, they have unencumbered discretion.

Some readers may recall many years ago then Attorney-General Patrick Chinamasa, just an ordinary lawyer without any training whatsoever in medical science, was able to secure a conviction for a certain Dr Richard Gladwell McGown for an offence arising directly out of the practice of medicine.

One cannot seek the services of an accountant if he has a headache and neither can an engineer consult an auditor if he wants to know how best to get his product onto the market.

Equally, if a shop-owner wants to know if he is making profit, he has to liaise with his accountant and not his insurer. If a cattle rancher wishes to ensure that his animals do not contract foot-and-mouth or any other disease, he has to see a veterinary doctor and not an architect.

If you wish to move your goods from one location to another, you have to call a logistics practitioner.

Equally, a barber cannot be consulted by a motor vehicle owner if the vehicle breaks down or is due for service and so on.

But when all these “professionals” have a legal problem arising out of their chosen vocations, they will all line up at the lawyer’s door and each and every one of them will be ably attended by the very same lawyer.

So, to the extent that a lawyer is able to handle cases arising out of all these diverse vocations, it may be accurate to come to the conclusion that the legal profession is in a class of its own but not necessarily that it is special, no.

Equally, all magistrates and judges from the Magistrates Court, High Court, Supreme Court and the Constitutional Court have sat over and effectively dealt with all sorts of cases from the law of the seas, commercial law, labour law, criminal law, family law, international law and any other matter that has been brought there before them.

In short, the work of lawyers, magistrates and judges cuts across all facets of life with nothing excepted.

There is not one case that has been brought before a court of law and the magistrate or judge has said “no, I am not possessed of the requisite knowledge about this case, therefore, it is not going to be heard”.

It is that ability, that uniqueness or exclusivity to understand everything legal issue of whatever nature that those in the legal profession are capable of that makes them qualify to be called or to call themselves “learned”. Those in all other “professions” may be said to be “educated” but certainly, they are not “learned”. No disrespect or offence intended to those in other “professions” and I am certain, none taken.

If it will sooth those in other professions that might feel offended or disrespected, then I would conclude that lawyers are probably not “educated” but that they are “learned” with the two terms, however, balancing each other out on the scale.

Tichawana Nyahuma is a legal practitioner who writes in his personal capacity. Feedback: nyahuma.t@gmail.com

Iwasaidie kuelewa
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Summaries this shit anyway.
 
Pop de Zungu said:
Wakili msomi inatokana na wao kuwa mara kwa mara lazima wapitie vitabu ili kujua sheria mbalimbali yaani lazima wasome kila wakati lakini kozi zingne ukiisha maliza chuo hakuna tena inshu ya kupitia pitia sijui nn
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Mawakili wapo wengi sana..ila sio wasomi wachache nidio wasomi. Mfano. Kuna mawakili wa waki za wanyama , haki za binadamu, Wanawake , na mazingira ambao hawaja soma sheria. Hivyo basi kuna mawakili ambao hawajasoma sheria na ho ndio ni mawakili ila sio wasomi wa sheria . Wakili msomi lazima awe amesoma sheria na kuwa enrolled kwenye roll ya mawakili.
 
Yule wa mwisho itakua sheria yake alisomea Sauti Mwanza
 
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