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Hiyo assignment kawape watoto/wanafunzi wako..hapa ni jf..
Wewe unajisifia umesoma sheria? ndio tatizo lenu watoto wa law school.
Ok, umesema umepikwa Law School, poa tuanze na hiyo Leagal Drafting ya Prof Majamba. Niambie hizi statement mbili maarufu katika legal drafting zilitolewa na nani, wapi na mazingira yapi
- There is, first, document A, and a Judge formed an opinion as to its construction. Then came document B, and some other Judge has said that it differs very little from document A – not sufficiently to alter the construction – therefore he construes it in the same way. Then comes document C, and the Judge there compares it with document B, and says it differs very little, and therefore he shall construe it in the same way. And so the construction has gone on until we find a document which is in totally different terms from the first, and which no human being would think of construing in the same manner, but which has by this process come to be construed in the same manner.
- Courts do not regard themselves as controlled by the meaning given to words in earlier cases. This is because no two cases are ever exactly the same. Judicial examination of a word’s meaning in an earlier case is useful only to the extent that it provides an analogy to prompt the approach to be taken in a later case.