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PROFESSIONAL ETHICS > BASIC DRAFTING PRINCIPLES > Flashcards

BASIC DRAFTING PRINCIPLES Flashcards

1
Q

What are the skills of a good draftsman?

A
  1. Advocacy skills
  2. Research skills
  3. Communication skills
  4. Drafting skills
  5. Interviewing skills
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2
Q

What are the stages of legislative drafting?

A
  1. Receiving and Understanding instructions
  2. Analyzing instructions
  3. Design the Draft
  4. Composition stage
  5. Scrutiny stage
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3
Q

How should analyzing of information be done?

A
  1. Existing Laws-it should not amend an existing law
  2. It should not contravene chapter IV of the constitution
  3. Practicability
  4. Special Responsibility Area: It should be legal and in consonance with public policy, and Constitutional
  5. It should not be retro-active
  6. It should be within the legislative competence of the enacting body.
  7. The mischief the legislation has set out to cure
  8. Penalty for breach
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4
Q

What is design stage in a draft?

A

This is the outline or the structure of the bill i.e., whether it will be divided in to
Chapters, Parts, Sections, Subsections, Paragraphs, Sub-paragrap and Sub sub-paragraphs

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5
Q

What is the composition stage in a draft?

A

This involves the preparation of the bill in terms of content.
• Under this stage, the draftsman uses simple and clear English to prepare the bill.
• The drafter will, invariably, rely on some aids to compose the draft.
Use of precedent is recommended

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6
Q

What is Scrutiny Stage?

A

At this stage however, one should ask an independent eye, preferably a legal practitioner, to have another critical look at the draft, for someone who has been involved as the drafter may not spot drafting and other clerical errors.

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7
Q

What are PRINCIPLES OF LEGISLATIVE DRAFTING (HABITS TO AVOID)?

A
  1. Avoid ambiguity
  2. Avoid verbosity sentences
  3. Avoid passive language/voice
  4. Avoid the use of unfamiliar words and phrases
  5. Avoid inconsistency
  6. Avoid the use of legal pair.
  7. Avoid the use of archaic words and expressions
  8. Avoid latin words
  9. Use nouns instead of pronouns
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8
Q

How can Legislation be arranged?

A
  1. Chapters
  2. Parts
  3. Sections & Sub-sections
  4. Paragraphs, sub-paragraphs and sub sub-paragraphs
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9
Q

How are chapters drafted?

A

ROMAN NUMERALS & UPPERCASES
CHAPTER I
CHAPTER II

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10
Q

How are parts drafted?

A

Parts are written in Capital Roman numeral, and in the upper-case.
PART I, PART II

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11
Q

How are sections, sub sections and sub sub sections drafted?

A

Sections are usually numbered in Arabic numeral without bracket

SECTION 3

Subsections are numbered in Arabic numeral in bracket

3(5)

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12
Q

Draft for PARAGRAPHS, SUB-PARAGRAPHS AND SUB SUB-PARAGRAPHS?

A

Paragraph-Small letter in bracket.
7 (6) (a)
Sub Paragraph-Arabic number in bracket.
7 (6) (a) (ii)
Sub sub Paragraph-Capital Letter, alphabet and in Bracket.
7 (6) (a) (ii) (A)**

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13
Q

What is Marginal Reference?

A

Used when a statute contains a reference to another statue.

Also used when a provision has been previously amended

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14
Q

What are the basic divisions or order of arrangement we find in legislation?

A

a. Preliminary provisions,
b. Principal provisions,
c. Miscellaneous provisions and
d. Final provisions.

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15
Q

What does the preliminary segment comprise of?

A
  1. Long Title
  2. Commencement
  3. Preamble, (if any)
  4. Enacting Clause
  5. Short Title
  6. Interpretation
  7. Application
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16
Q

What is the purpose of Long Title?

A

It basically introduces the general purpose for the legislation.
It usually comes at the beginning of the enactment.

The long title should be drafted in terms wide enough to embrace the whole of the contents of a bill.

It can be relied to interpret an ambiguous part of a legislation.

17
Q

Draft a sample Long title clause?

A

A BILL FOR A LAW TO PROHIBIT STREET HAWKERS IN LAGOS AND FOR CONNECTED MATTERS

18
Q

What is Preamble?

A

It can be used to explain the object/purpose of a legislation and its desirability instead of a LONG TITLE.
It is hardly used in modern legislations except in certain circumstances.

It is used for constitutional, international treaties, military decrees and to remedy local problems

19
Q

Ways of drafting commencement clause?

A
  1. No Specific Date
  2. Specify a Date;
    -Commencement [23rd November, 2015] OR
    ― [13th July 2020] OR
    ―This Act comes into force on 23 November 2015.
  3. Empower a Person to Specify the Date
  4. Upon Occurrence of an Event
20
Q

Draft for Empower a Person to Specify the Date for a commencement clause?

A

THE ACT SHALL TAKE EFFECT ON THE DATE TO BE DETERMINED BY THE HONOURABLE MINISTER OF HEALTH

21
Q

What is an ENACTING FORMULA?

A

There is usually an authority which gives efficacy to the statute being made into law.
• The method of drafting this authority therefore differs from jurisdiction to jurisdiction

22
Q

Examples of Enacting Formula?

A
  1. In a Federal Legislation:
    ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
  2. In a State’s Legislation:
    ENACTED by the House of Assembly of Lagos State as follows:
  3. Under the federal military regimes, we used to have:
    THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:
23
Q

Draft an interpretation clause?

A

IN THIS ACT, UNLESS THE CONTEXT
OTHERWISE REQUIRES

24
Q

Draft a sample Duration clause?

A

This Act shall continue in force until the 31st day of July 1970, and shall then expire

25
Q

What is short title?

A

• The purpose of a short title is to identify, describe and cite the law.

It is known as statutory nickname

26
Q

Draft for Short Title?

A

This Law may be citied as the National Office for Technology Acquisition Promotion Act

27
Q

What is Marginal notes?

A

It gives concise indication of the content of a section.
• Also referred to as statutory signpost; they indicate what to find in the section to which they are annexed.

28
Q

What is PHRASES USED IN STATUTE AND THEIR MEANING?

A
  1. Without prejudice – What is in the present section should not affect the previous section. Thus, it does not negate the section. Both are valid.
  2. Notwithstanding – It serves as a proviso and overrides any other provision. It exhumes superiority.
  3. Subject to – This is the opposite of notwithstanding. Thus, it is inferior or subordinate to a section.
  4. Provided that – It qualifies the provision of the section. It could qualify the consequences of the section.
29
Q

RESEARCH MATERIALS A LEGISLATIVE DRAFTSMAN SHOULD CONSULT DURING THE PROCESS OF LEGISLATIVE DRAFTING ?

A
  1. 1999 CFRN as amended
  2. Precedent materials
  3. Party manifesto
  4. Resolution of legislature
  5. Report of civil societies and organisation
  6. Electoral promises
  7. Judicial decisions
  8. Law dictionary
  9. English dictionary
  10. Government policies.
30
Q

meaning of in apologies in meetings?

A

List of members that took permission to be absent

31
Q

Meaning of in attendance in meetings?

A

List of persons not members who are in attendance at the meeting.

32
Q

Meaning of absent in meetings?

A

List of members absent without permission?

33
Q

Draft an Establishment Clause?

A

There is hereby established a body to be known as the Bauchi State Illiteracy Eradication Agency(hereinafter referred to as the Agency)

34
Q

draft the interpretation section?

A

In the Law, unless the Bill otherwise provides

35
Q

Duties that a draftsman owes the sponsor of a bill?

A
  1. Duty to obey instructions
  2. Duty to draw the attention of the sponsor to any existing legislation
  3. Duty to advise on practicability of the proposed law
  4. Duty to draw the attention of the sponsor to the potential danger areas in the proposed legislation

PROFESSIONAL ETHICS (13 decks)

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