UNIT 1

• Introduction to law
 Unit 1: Outline
What is/are
• i) Law
• ii) Sources of law
• iii) Zambian judicial System
• iv)Procedure in commencing law
suits
• v.) ADR
 Scenario 1

• Tom goes to West Park Shopping mall on

Black Friday. He cannot find a parking space
as the lot so full so he parks at a lay-by with
provision for free parking for the first 60
minutes. Tom is delayed by queues in
‘LiveStrong Sports’ and he arrives 15
minutes after the first hour. He finds a traffic
officer waiting for him with a fine. She
shows him the traffic constitution which
shows that he has broken the law. Tom tries
to plead his case but the officer refuses.
 Jurisprudence
• Means philosophy of the law
• Looks at how law exists and functions in society
• Compares the relationship between law and
other disciplines
• Defines concepts such as right, justice, duties
• Unifies principles from different jurisdictions
• Jurisprudence has several schools of thought
but we will only consider two (2)
 Theories of Jurisprudence
• Naturalist Theory/ Legal Naturalism:

• Morality
• Right and wrong
• Ethics
• Come from a higher power
 Theories of Jurisprudence
• Positivist theory/ Legal Positivism:

• Law must be separate from morality

• Apply the law as it is
• Sanctions for failing to follow the law
• Laws come from a voice of authority
 Positivist v Naturalist
• These two theories can over lap
• John Locke and Thomas Hobbes
 Procedural law v Substantive law
• The means by which the law moves /operates
i.e issuing a writ of summons, originating notice
of motion etc when you want to institutes a
court action

• The actual law (elements, principles etc) i.e a

crime must always have actus reus and mens
rea, formation of a contract must always have
offer and acceptance
 CLASSIFICATIONS OF LAW

• Civil and Criminal law

• (a) civil=wrongs between individual
persons;
• (b) criminal=wrongs between state and
individual;
*Legal personality in law extends to
companies
 Scenario 2

• Benson and Brenda decided to visit ba Brian at his

home on Valentines day. The trio enjoy cocktails and
reminisce the good old days when they were
younger. Suddenly, Joyce, ba Brian’s wife comes in
angrily accusing him of having an affair with the next
door neighbor. They take their fight into the kitchen.
Next, two gunshots are fired and Brenda screams.
Brenda and Benson rush to the kitchen and find
Joyce lifeless on the ground. Seconds later, ba Brian
appears from the outside and looks surprised and
scared too. He is arrested and charged with the
murder of his wife. He is set to appear in court.
 Scenario 3

• Six year old Kate is playing outside with her

friends when suddenly she collapses. The friends
alert her parents and she is rushed to hospital. It
appears there is a bottle top lodged in her throat.
Pushing it down and pulling it up fail so the
doctors operate and succeed in removing the
object. Unfortunately, the little girl dies from
bleeding and sepsis caused by the sharp edges. A
report from the hospital says that if Kate had
been operated on sooner, she probably would
have survived. Kate’s parents plan on suing the
hospital.
 Distinction between ‘Civil Law’ and ‘Criminal
Civil Law Law’Criminal Law
 Proceedings are called • Proceedings are called
‘civil proceedings’ ‘criminal proceedings’
 
 Party suing is called • Party prosecuting is
‘Plaintiff’ or ‘Claimant’ or called ‘prosecutor’
‘Petitioner’ while party while party being
sued is called Defendant prosecuted is called
or Respondent ‘accused’ or defendant
 
 
 Civil law is concerned
• Criminal law is
with proof of ‘liability’
concerned with proof of
‘guilt’
 Distinction between ‘Civil Law’ and ‘Criminal Law’

Civil Law Criminal Law

• Focus is ‘compensating’  Focus is punishing the
the victim offender

• Standard of proof is • Standard of proof is

‘balance of probability’ ‘beyond reasonable
doubt’

• Onus of proof is on • Onus of proof is on the

plaintiff state
 Legal System
• The legal system includes rules, procedures, and
institutions by which public initiatives and private
endeavors can be carried out through legitimate
means.
• In other words, is a system for interpreting and
enforcing the laws.
• It elaborates the rights and responsibilities in a
variety of ways.
 An Ideal legal system
• Certain
• Simple
• Comprehensive
• Understandable
• Accessible
• Flexible
• Inexpensive
• Speedy adjudication
• Written
• Thorough procedures
• Fair and equal treatment
 Zambian Legal System

• Zambia has a dual legal system made up of the

tribe specific customary laws and the ‘received
law’. English law is the received law and is based
on the English Common law and system.
• When described as ‘received law’ in former
British colonies and protectorates, the term
‘English law’ refers to “the common law, the
doctrines of equity and the statutes of general
application which were in force in England on a
particular cut –off date”.
 Zambian Legal System
• The English Law (Extent of Application) Act, CAP 11, whose
long title is “An Act to declare the extent to which the Law
of England applies in the Republic” provides, in section 2,
as follows:
• Subject to the provisions of the Constitution of Zambia and
to any other written law-
• (a)the common law;
• (b)the doctrines of equity;
• (c) the statutes which were in force in England on the 17th
August, 1911 (being the commencement of the Northern
Rhodesia Order in Council, 1911); and
• (d)any statutes of later date than that mentioned in
paragraph (c) in force in England, now applied to
 Zambian Legal System
• the Republic, or which hereafter shall be applied thereto by any
Act or otherwise;
• shall be in force in the Republic.
 Sources Of Law In Zambia

• Where the various materials from which the law that we use
is taken.

• In Zambia, the sources of law are

• the Constitution;
• Acts of Parliament;
• Delegated legislation;
• Judicial precedent;
• Customary law;
• Common law,
• Equity and English statutes;
• International law;
• Modern textbooks.
 Sources Of Law In Zambia
• All sources of law are either primary or secondary
• Primary sources always carry more weight