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Tuesday, December 13, 2011

IRAC PROCESS


What is IRAC?

IRAC stands for Issue, Rule, Application, Conclusion. It is one way to structure legal
analysis. An effective essay (no matter the overall length) follows some form of the
IRAC structure where it is organized around each of these elements for each and
every issue and subissue identified as a legal problem.
IRAC is an extremely useful tool in organizing any law related essay answer. It is not
the only way to structure an answer, but it helps to make sure all bases are covered.
So, until you achieve the level of mental and written fluency where you can weave
together rule and fact in a seamless tapestry and transition between thoughts without
loss of either the substance or your reader, you might choose to rely on some form of
IRAC to keep focused. Use IRAC as tool for organizing your thinking and your writing.
Think of it as a weaving loom that is there only to support the threads of your
argument, while you weave and create an intricately beautiful piece of fabric, i.e. a
complete, logical argument. Soon, the process will become automatic and you will
rely less and less on the loom. Until then, you have

Rule - Based Reasoning




Rule - Based Reasoning



Classification of rules
In legal practice, a rule can be defined as a structured formula for making a decision. There are four major types of rules namely:
             I.      Mandatory rules
             II.       Prohibitory rules
              III.        Discretionary rules
                IV.     Declaratory rules

       I.         Mandatory rules
These are proactive in nature and require someone to act in specified terms. They are usually expressed in words like “shall” or “must”.
The word “shall” implies an imposed legal duty on the party to whom the rule applies e.g. “…the court shall grant the motion…” implies that the

Thursday, December 8, 2011

A Courtroom Scene

Scene: A courtroom where a witness is testifying in a case involving a man biting off the ear of another man during a fight. After supplying testimony which was very bad for the defendant, the witness was being cross examined by the defendant's attorney.
 
Attorney: You said that you saw the defendant and the claimant in a fight? 


Witness: Yes. 

Attorney: You then said that you were concerned for your safety and that, because of it, you went to hide behind the bushes ?

Witness: Yes.

Clever Charlie

It was late and Charlie was about to climb into bed when his wife informed him that there was a light on in their garden shed. Charlie started to go outside to turn off the light but noticed some people in the shed who were busy stealing his things.
He ran back inside right away and called the cops, who asked him "Are there any intruders in your house?" to which Charlie replied no and explained his circumstances. The cops told Charlie that

Sunday, December 4, 2011

The Al Bashir dilemma.!!

The Kenyan Legal experts and the high officials of the executive have been strategically placed in logger heads with each arm of government fighting to safeguard the 'bird' in the hands.

The Sudanese President Omar Al-Bashir has hit up the media furiously expressing his  disappointment on the ruling made by the Kenyan Judge Justice Nicholus Ombija that gave an order for the  Field Marshal Omar al-Bashir to be arrested if he ever steps foot in Kenya.

The foreign affairs minister Moses Wetangula described the ruling  as a 'judgement of error'

Saturday, December 3, 2011

The Optimist Creed!


Promise Yourself To be so strong
that nothing can disturb your peace of mind.
To talk health, happiness and prosperity
to every person you meet.
To make all your friends
feel that there is something in them.

To look at the sunny side of everything
and make your optimism come true.
To think only of the best, 
to work only for the best,
and to expect only the best.

Brief History of the law of contract and the essential elements of a valid contract.l





Brief History of the law of contract.
The law of contract can be defined as a body of law that gives rules and guidelines which govern the formation and enforcement of legally binding obligations.

English contract law has been in existence for hundreds of years but it really began to develop during the Victorian era[1], in the wake of the Industrial Revolution[2].

Industrial Revolution was a

Friday, December 2, 2011

Writing Legal letters,Memos and Legal Opinions.

LEGAL WRITING
MEMORANDUM
This is an internal document that is used to analyze a legal problem and give a legal objective opinion on that problem.

It is usually addressed to another lawyer within the same organization or legal firm. It is kept as an internal document and should not be seen by judges, clients or the opposition.

For example if you work as a paralegal, law clerk or even an intern in a legal firm, an attorney asks you to provide a realistic analysis of the law as it applies to