oot ied coeney suggest any five ‘MZUMBE UNIVERSITY (CHUO KIKUU MZUMBE) Faculty of Social Sciences End of Semester One Examinations: February, 2022 Course Code: CoM 103. WAUNCATION Course Title: ‘SKILLS FOR LAWYERS eeeeeeeeennnncccccnennnmascs re Ri Date: 28/02/2022 ‘Time: (08:00-11:00 Venue: NAH INSTRUCTIONS 1. There are FIVE (8) questions in this examination. paper 2. Answer ALL questions 3. BACH question carries 10 marksQuestion one (10 marks) Read the following legal related passage and answer the question after it. Reference No. 04 of 2019 Legal and Human Rights Centre vs Attorney General of The United Republ of Tanzania Subject matter: Alleged violation of the freedom of the press ‘The Applicant is a statutory body registered under the laws of the United Republic of Tanzania and the Respondent is the Attorney General of the United Republic of Tanzania sued on behalf of the respective government. ‘The Applicant avers that, the Political Parties (Amendments) Act, No.1 of 2019 enacted by the| Parliament of the United Republic of Tanzania on 29th| January 2019, assented to by the President of the United Republic of Tanzania on 13th February 2019 and gazette! in the official government gazette on the 22nd February, 19 is not complaint with the Treaty for the| Establishment of the East African Community (EAC) Applicant alleges several provisions of the Act violates the fundamental and operational principles of the Treaty! principles. of democracy, rule of law, accountability, transparency and good governance. 3)In decisions concerning the sentencing and correction of individual offenders, the general purposes of the law ought to be to render punishment within a range of severity sufficient to reflect the gravity of the offense and blameworthiness of the offenders, and where there is a realistic prospect of success, to serve the goals, of offender rehabilitation, general deterrence, incapacitation of dangerous offenders, and restoration of crime victims and communities, but to impose sentences no more severe than necessary to achieve the foregoing purposes. b)Re-cite the following cases and statutes which have wrongly been cited. (4 marks, 1 mark each item) 1) Sheffield City Council v. Graingers Wines Ltd. L.G.R.743 [1977]75. 2)W.LR.190, Agricultural, Horticultural & Forestry Training Board v. Aylesbury Mushrooms Led. [1972]1. 3) The Attorney General v. Christopher Mtikila, Court of Appeal of Tanzania at Dar es Salaam, Civil Appeal No. 45 of 2009, (unreported) 4)The Local Government, CAP. 287 (District Authorities) Act, R.E.2002.Question two (10 marks) (a) Choose any legal scenario and explain it by drafting a good essay. Make sure you capture in-text citation for not less than 8 sources; and. finally develop its relevant bibliography. Observe the following in your work: APA 7® edition in capturing iography. fe sure you capture all vari citation. ‘Sources and other information in bibliography are not necessarily to be real ones. Use not more than two pages for the whole work. text citation and 8 of in-text (b) Assume you have been given a chance to present orally your essay developed in 2 (a); explain how any 3 nonverbal communication cues will help you in achieving perfect presentation, Question three (10 marks) a)Carefully, read each of the following legislative sentences and in every sentence given show the core clause(s) (S marks) 2)In relation to the enormous charitable gift deduction claimed by the taxpayer, inasmuch as she failed to submit an appraiser's report with, reference to the donated bronze sculpture, we propose to disallow the deduction in accordance with the Revenue Department's standard operating procedure. 9) Because of the fact that parties in many instances can find a sulficient number of points of agreement to resolve a lawsuit before trial, there is no doubt but that mediation can be effective in reducing the baclelog of pending cases. yn shall have the right to sign an act of ion and surrender of the nation to the r ratify oF recognize an act of occupation or division of the United Republic or of any area of the territory of the nation and, subject to this Constitution and any other laws enacted, no person shall have the right to prevent the citizens of the United Republic from waging war against any enemy who attacks the nation. 5) The human rights and freedoms, the principles of exercised by a p interference with or curtailment of the rights and freedoms of other persons or of the public interest. b)With examples describe the extrinsic aids to statutory construction. (S marks)Question four (10 marks) a)Rewrite the following sentences in short simple sentences (plain language) (6 marks, 2 marks each item) 1)In an action grounded upon the law of torts, an actor is not liable for harm that is different from the harms whose risks made the actor's conduct tortious, nor for harm when the tortious aspect of the actor's conduct did not increase the risk of harm, but when an actor's tortious conduct causes harm to a person that, because of the person's pre- existing physical or mental condition or other characteristic, is ofa greater magnitude or different type than might reasonably be expected, the actor is nevertheless liable for all such harm to the person, 2)The American Bar Association, recognizing that, despite the pride Americans take in their system of trial by jury, there is room for vast improvement in the manner in which juries are selected, treated in. the courtroom, instructed on the law, and compensated for their services, has adopted Principles Relating to Juries and Jury Trials, which calls for reforms, including, for example, a proposal that states that in civil cases jurors should ordinarily be permitted to submit written questions for witnesses. ‘The Applicant therefore pray for declarations that; ‘The Respondent argues among other things that, the Political Parties (Amendments) Act No. 1 of 2019 was to monitor the conduct of political parti ‘with the Constitution of the Untied Repu 1977 as amended which abide to the the Act was amended to promote political parties’ institutionalism, intra-party democracy, political and financial accountability and ensuring compliance to parties’ constitutions and rules. The Respondent thus, rays for declarations that this Court lack jurisdiction to grants the prayers sought, provisions of the Act do not ‘contravene the Treaty and dismissal of the Reference (a) Take notes from the passage by using any note- taking method of fhigice (5 marks) (b} Assess the use of panetuation mn and other English ive a brief assessment it out of 100% (5MZUMBE UNIVERSITY (CHUO KIKUU MZUMBE) Faculty of Social Sciences End of Semester One Examinations: February 2023 Course Code: COM 103 Course Title: | COMMUNICATION FOR LAWYERS Programme: —_LLB-1 Date: 24/02/2023 Time: 08:00-11:00 Venue: MAEKANI LT 1 & CR 1 NE Name INSTRUCTIONS 1. There are SIX (6) questions in this examination paper 2. Answer ONLY FIVE questions of your own choice 3. Each question carries 10 marks Sears.Question one (10 marks) Recall the way your Lecturer (Dr. Lupogo) was lecturing in different lecture sessions; then, with clear and realistic explanations, explain’ 3 categories of Ponverbal communication skills which he had used perfectly and two categories which he had not used perfectly. Question two (10 marks) The following sentences are either grammatically correct or incorrect; write the word CORRECT to all correct sentences and word INCORRECT to to all incorrect sentence. For all incorrect sentence, rewrite them correctly: (a) I didn't saw the accused person at the material date, (0) Prosecution side members doesn't know what is happening now here at the court. (clWhen | arived there, I meet the accused person crying after being beaten by the police men . (a) The judge has not made a good judgement. (c) Mr. Kulu was stole my money yesterday . (Mr. Kuku was beaten hardly by the villagers after he had stolen Mr. Amani's money, (e)_ 1 am not say that he has a case to answer, rather, | want him to tell the court about the + dc undetnd the arent om te soroae yew open th uh i : 8 iswahili Sr, apg ot wet ysl se Se rset thee (10 marks) Question e : (a) Recall and write down in ne page any ea ceanio posed in seminar scion de a ay iflerant contexts of in-text » Ceeton; you can use evn false unrealistic > holds tal principles of writing an academ aces om te eee cs (og sng any note taking method of ome (10 marks) Question four With examples, discuss the features of legalease as opposed to plain language.Question five (10 marks) In each of the following legislative sentences, underline all coordinators and subordinators and, state their’ ‘meanings as used in every sentence. 1) Every inanimate thing which is the property of any person and which is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. 2) Every tame animal, whether tame by nature or wild by nature that tamed, which is the property of any person, is capable of being stolen. 3)Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person and which are usually kept ina state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement. 4) Animals wild by nature, of a kind which is not any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time. Question six leemed to be in a is in a den, cage, animal wild by nature is ato confinement 20 1nDE 35 sa elo ner eal encosure, of there tank oat ie cannot ecape, and that it fo Pac eae possesion of at pleasure. (10 marks) ‘Search engine and Subject Based Information Gateways (SBGIs) are potential online platforms , With relevant which supplement print resources”, With rel examples, suggest any ten (10) reasons that may ‘cause users who lack library search skills access information from these platforms. (5 marks) tify any five (5) inguistic diversities one may mnsider in order to access relevant electronic resources from the integrated web-library databases. Give one example on each diversity. (5 marks)