KNEC| KASNEB| KISM| Study notes and Revision materials for schools in Kenya. KNEC certificate courses, Diplomas, Higher Diplomas, KISM courses cpsp-k and aps-k, KASNEB cpa, atd, cs, cifa, ccp, dcm, cict and cict, Ksce and Kcpe
List functions of international treaties? States maintain regular relations with other states because a modern State cannot lead an isolated life in the present context of world affairs. The more a State is civilized and perfect in its organization, the greater and more familiar shall be its intercourse with other States. It regulates the activities
Distinguish between public law and private law Distinction between public law and private law Public law consists of those fields or branches of law in which the state has a direct interest as the sovereign, for example; Constitutional law, Criminal law, Administrative law. It is concerned with the constitution and functions of the various organs
Define the term “treaty” and describe three types of treaties. Define the term “treaty” A treaty is an agreement in written form between nation-states (or international agencies, such as the United Nations, that have been given treaty-making capacity by the states that created them) that is intended to establish a relationship governed by International Law
State Characteristics that a custom under African customary law should satisfy to be enforceable Characteristics that a custom under African customary law should satisfy to be enforceable. It must be reasonable It must be certain i.e. the right which is claimed must be proved to adhere to a defined group of people or community Must
Highlight reasons why law is important in commercial transactions? It is a standard setting and control mechanism. Law set standards of behavior and conduct in various areas such as manufacturing construction, trade e.g. the law also acts as a control mechanism of the same behavior. It protects right and enforces duties by providing remedies whenever
Explain three branches of public law Branches of public law Criminal Law; this is the law of crimes. A crime is an act or mission committed or omitted in violation of public law e.g. murder, treason, theft, etc. All crimes are created by parliament through statutes a person who is alleged to have committed a
Explain three rules courts apply in the interpretation of statutes Rules courts apply in interpretation of statutes Literal rule: Under this rule the word of a statute should be interpreted according to the ordinary dictionary or grammatical meaning. Golden rule: When the application of the literal rule leads to ambiguity, the wording of the statute
Highlight four characteristics of good laws in the society Characteristics of good laws Laws should be prospective. Laws should be open and clear. Laws should be compatible with rules of natural justice. Laws should be relatively stable. Independence of the judiciary must be guaranteed. Courts should be easily accessible. The discretion of the crime preventing
Outline sources of international treaties Customary International Law: It is convenient to start with customary law as this is both the oldest source and the one which generates rules binding on all States. Customary law is not a written source. A rule of customary law, for example requiring States to grant immunity to a visiting
Describe four purposes of law? The purpose/importance of law are;- It promotes peaceful co-existence maintenance of law and order/prevents anarchy. It protects the right s and enforces duties by providing remedies whenever these rights or duties are not honored. It is a standard setting and control mechanism: law sets standards of behavior and conduct in