Legal And Academic Writing Flashcards

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1
Q

Types of authority

A

Legislation
Cases
Books
Newspapers
Web sources
Journals

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2
Q

What is legislation ?

A

These are laws and rules made by parliament

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3
Q

What are enacted laws called?

A

Acts of parliament or statutes

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4
Q

What are acts of parliament known as

A

Primary legislation

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5
Q

What is delegated legislation?

A

This is where parliament delegates it’s powers to ministers or local authorities

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6
Q

What powers does the local government have

A

Making by-laws

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7
Q

What’s the function of the legislative

A

To make laws

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8
Q

What do you call a proposed law that is passed by parliament

A

Bill

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9
Q

Name the 3 types of bills

A

Government bills
Private members bills
Private bills

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10
Q

Private bills and government bills are also called

A

Public bills

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11
Q

Who presents the government bill

A

Government minister

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12
Q

Who presents a private members bill

A

Member of Parliament

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13
Q

Who presents the private bill

A

National Assembly

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14
Q

How many readings does the legislative process have

A

3 processes

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15
Q

The first reading of the legislative process

A

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

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16
Q

The second reading of the legislative process

A

The bill is debated
The presenter of the bill gives details of what the bill is all about and what it tends to do

17
Q

In the committee stage, the bill is considered by

A

Committee of the whole house

18
Q

What happens to the bill during the committee stage

A

It is examined, Clause by clause

19
Q

What’s the purpose of the committee stage

A

To make sure the bill is perfect in terms of content, purpose, language and punctuation

20
Q

In the report stage members are free to

A

Make further amendments

21
Q

What happens in the third reading of the legislative process

A

The bill is read to the whole house

22
Q

What happens during the presidential assent

A

The bill has to be presented to the president for signing
Once the bill is signed, it immediately becomes law

23
Q

The statutory laws of Zambia are contained in a set of loose leaf volumes known as

A

The laws of Zambia

24
Q

Who is empowered to revise the laws of Zambia

A

Attorney General

25
Q

When were the laws of Zambia last revised

A

In 1997

26
Q

What’s mainly found in the ratio decindendi

A

The reasoning that is essential to the resolution of the case
The reason of the decision

27
Q

How to find the ratio decidendi

A

Isolate the material facts of a case
These are the facts that are legally relevant

28
Q

What’s mainly found in the facts

A

Facts are the “who, where, when, what and why” of the case

29
Q

The facts should have

A

History of the dispute
Events that led to the lawsuit
Legal claims
Defenses of each party
What happened in the trial court

30
Q

What’s mainly found in the issue

A

Questions of the law that the court must answer