Legal And Academic Writing Flashcards
Types of authority
Legislation
Cases
Books
Newspapers
Web sources
Journals
What is legislation ?
These are laws and rules made by parliament
What are enacted laws called?
Acts of parliament or statutes
What are acts of parliament known as
Primary legislation
What is delegated legislation?
This is where parliament delegates it’s powers to ministers or local authorities
What powers does the local government have
Making by-laws
What’s the function of the legislative
To make laws
What do you call a proposed law that is passed by parliament
Bill
Name the 3 types of bills
Government bills
Private members bills
Private bills
Private bills and government bills are also called
Public bills
Who presents the government bill
Government minister
Who presents a private members bill
Member of Parliament
Who presents the private bill
National Assembly
How many readings does the legislative process have
3 processes
The first reading of the legislative process
This when the minister or member presenting the bill introduces it in parliament
It is read by the presenter
There is no debate of the bill
The second reading of the legislative process
The bill is debated
The presenter of the bill gives details of what the bill is all about and what it tends to do
In the committee stage, the bill is considered by
Committee of the whole house
What happens to the bill during the committee stage
It is examined, Clause by clause
What’s the purpose of the committee stage
To make sure the bill is perfect in terms of content, purpose, language and punctuation
In the report stage members are free to
Make further amendments
What happens in the third reading of the legislative process
The bill is read to the whole house
What happens during the presidential assent
The bill has to be presented to the president for signing
Once the bill is signed, it immediately becomes law
The statutory laws of Zambia are contained in a set of loose leaf volumes known as
The laws of Zambia
Who is empowered to revise the laws of Zambia
Attorney General
When were the laws of Zambia last revised
In 1997
What’s mainly found in the ratio decindendi
The reasoning that is essential to the resolution of the case
The reason of the decision
How to find the ratio decidendi
Isolate the material facts of a case
These are the facts that are legally relevant
What’s mainly found in the facts
Facts are the “who, where, when, what and why” of the case
The facts should have
History of the dispute
Events that led to the lawsuit
Legal claims
Defenses of each party
What happened in the trial court
What’s mainly found in the issue
Questions of the law that the court must answer