Communication Skills by Kitonka

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Communication skills by Kitonka
CIVIL PROCEDURE (Tumaini University Makumira)
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COM 103: Communication for Law
LLB 1
LECTURE 1
STUDY SKILLS
NOTE TAKING AND NOTE MAKING
Note taking and note making are important academic skills that need to be acquired by
students at the college or university.
Note Taking
Note taking is the practice of writing pieces of information, often in an informal or

unstructured manner. One major specific type of note taking is the practice of writing in
shorthand, which can allow large amounts of information to be put on paper very quickly.
Notes are frequently written in notebooks, though any available piece of paper can suffice
in many circumstances. Many different forms are used to structure information and make
it easier to find later.
Like reading, note-taking is a skill which must be learned and refined. Almost invariably,
note taking, or the lack of it, is a constant deficiency in the study methods of many high
school and college students. Learning the ingredients of good note taking is rather easy;
applying them to your own situation depends on how serious you are in becoming a
successful student.
Effective note taking should have a purpose, should be well organised, and can be a time
saving skill.
Importance of note taking
Note taking is important in various ways as follows:
 It helps in recording information for future reference. No one can remember

every thing that he/she hears. People tend to forget what they heard after sometime.
Research shows that individuals can only recall 50% of what they hear and that 20-
30% is incorrect. So it is good to take notes.
 Taking notes enhances concentration on the topic or subject matter.
 It also enhances understanding of the subject matter. When you write the
information tend to be well comprehended unlike when you just reading. This is
because writing involves extra thinking.

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 Note taking helps in focusing on important points only when one is in the lecture
or reading a book etc.
 Note taking helps in refining some arguments when preparing an essay or writing
a report.
 It is essential for providing you with the necessary evidence to inform and
develop your argument.
 It promotes critical thinking.
 It improves writing skills.
 Notes taken provide the clearest and best indication of what the student should
encounter on the exam. It facilitates making revision when preparing for exams
 Taking notes develops a sense of listening, allowing the reader to recognize main
ideas.
 Taking notes in class makes the student an active participant in the learning
process rather than a passive listener or daydreamer.
 Taking notes helps the student sort out important information—by synthesizing
and beginning the actual learning process the student is actually making the material
his own.
In the nutshell, the notes taken will become a study aid, an external memory device, and
an instrument to aid in review and recitation. This process leads to long-term learning.
Five R's of Note Taking
1. Record. During the lecture, record as many meaningful facts and ideas as you can.
Write legibly.
2. Reduce. As soon after class as possible, summarize these ideas and facts concisely.
Summarizing clarifies meanings and relationships, reinforces continuity, and
strengthens memory. Also, it is a way of preparing for examinations gradually and
well ahead of time.
3. Recite/Recall. Now cover the notes, say over facts and ideas of the lecture as fully as
you can, not mechanically, but in your own words and with as much appreciation of
the meaning as you can. Then, uncovering your notes, verify what you have said. This
procedure helps to transfer the facts and ideas to your long term memory.

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4. Reflect. Reflective students distill their opinions from their notes. They make such
opinions the starting point for their own musings upon the subjects they are studying.
Such musings aid them in making sense out of their courses and academic
experiences by finding relationships among them. Reflective students continually
label and index their experiences and ideas, put them into structures, outlines,
summaries, and frames of reference. They rearrange and file them. Best of all, they
have an eye for the vital-for the essential. Unless ideas are placed in categories, unless
they are taken up from time to time for re-examination, they will become inert and
soon forgotten.
5. Review. If you will spend 10 minutes every week or so in a quick review of these
notes, you will retain most of what you have learned, and you will be able to use your
current knowledge more effectively.
Note Taking From Lecture

There are various techniques which can help in taking good notes from a lecture. They
involve the following:
Reading in advance on the topic
Since lecturers tend to provide course outlines, students are supposed to read in advance
about the topic. They can use books or internet. Reading in advance can make a student
follow the lecture very well and even understand better.
Attending classes punctually.

A student is supposed to attend lectures and arrive in the lecture room punctually.
Students who come late tend to miss some of the points during introduction.
Effective listening.
Listening is an important tool in the learning process. Hence, during note taking listening
helps much in discovering the points from a lecture. Without listening a students can not
write good notes.
Effective listening involves paying attention to what a lecturer says at the same time
jotting down some main points. Listening differs from hearing in that hearing is a
spontaneous process of perceiving the sound without paying attention and even without
understanding the meaning of the sound. For example one can hear the cock crowing or
the bird singing without being able to understand what such sounds mean. In listening a
person pays attention deliberately in order to understand the message.
Selection of main points

A student should also be able to discover or select points during lecture. The clues/hints
that can help a student in discovering points during the lecture include:
 Change of tone/voice. Some lecturers change voices when mentioning the points
in order to make students jot them down.

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 Facial expressions/gestures help in discovering points. Other lecturers or speakers

tend to emphasize their points through body movements. Using their arms, legs or
faces.
 Writing on the board. Lecturers write points on the board in order to be jotted
down by students.
 Use of signal words such as: firstly, secondly, moreover, furthermore, additionally
etc. These give a clue that a lecture is going to give a point.
 Repetition of statements or sentences. Normally, sentences that a repeated are
points. They are repeated for emphasis in order students can write them.
Brevity
When taking notes a student is supposed to be brief. He/she should in summary in order
to keep pace with the speed of the lecturer. Writing all details during lecture is not
possible since the lecturer speaks at a higher speed than that of writing. So, it is important
to be brief.
Brevity in note taking can be achieved through the following techniques:

 Ignore unnecessary words or sentences. For example greetings, personal stories
etc.
 Use abbreviations and acronyms: Abbreviations are like TCU, TTCL, LLB, MPA,
BBA, MU, KTM, etc, e.g, PCB, CCM, N.B, CD, and so on. Acronyms are like:
CHADEMA, TANESCO, TANU, UNESCO, TADEA, TAMWA etc.
 Clipping of some words. Ind. for independence; Prep for preparation; Hist. for
history; Com. for communication etc.
 Use of alternative words/paraphrasing. E.g. A person who influences his power
over other people due to his position (This is replaced by the word a leader).
 Avoid repetitions
 Pick the main points only.
 Use of symbols and signs such as =, +, <, >, %, &, #, $ , ≠, , †, ‰, ↓, ↑, →, ↔,
, 
 Use of bullets, numbers or letters to outline points instead of words.
Good organisation of notes

The notes taken should be well organised for easy understanding. The notes should the
flow of points. There should separation between points.
The notes can be organised in one of the following formats:

Outline format: Points are listed down with bullets, numbers or letters.
 …………………………………………………………………..
 …………………………………………………………………..
 …………………………………………………………………..
 …………………………………………………………………..
Branching format: Notes organised in hierarchical order in a tree like pattern.

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Tabular format: Arranging notes in columns
 ………………………  …………………
 ………………………  …………………
 ………………………  ………………….
 ………………………  …………………
 ………………………  …………………
Example
A lecturer in law was giving a lecture to LLB students, where students were required to
take notes in brief. The lecture was as follows:
“Good morning Ladies and Gentlemen! Mhh, you seem to be very gloomy today, is it
because of the long hectic weekend?. Ok, forget about that. Let’s focus on our lecture
now. In this morning’s lecture I intend to look very briefly….just a quick overview
really…at the history of the courts system in Tanzania. A look back, then, at how the
courts system has developed in our country. We, let me begin, then, by taking a look
firstly ...to begin with…at the system that existed before Independence. The pre-
independence set-up first, therefore. At that time…that is to say in the colonial times…
there were two types of court in the then Tanganyika. These two courts were the
following – the Subordinate Court and the local courts. The first type, the Subordinate
Court; the second type, the Local court. Now then, let’s take a look at the two types one
after another, in case you do not have any question at this moment…”
Student’s brief notes from the lecture above using the outline format.
Hist. of Crts. Syst. in Tz

(1) Syst. Before. Ind.
- 2 types
(i) Sub. Crtsskk
(ii) Loc. Crts
Note-taking versus Note-making
 Note-taking is when you are reading or hearing something for the first time and
you are trying to jot down the key information so you can use it later.

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 Note-making is when you return to those notes and make notes on them. This
means you annotate them, put things into your own words or summarize them and
highlight key points.

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LLB 1
LECTURE 2
STUDY SKILLS
NOTE-TAKING FROM WRITTEN MATERIALS

Hints for taking notes from written materials effectively include:
 Finding the relevant source of information which will answer the question at
hand.
 Surveying the source, skimming and scanning
1. Surveying – Looking at titles, introduction, chapters, and headings in the
contents
2. Skimming – Looking at headings, first paragraphs, and topic sentences.
3. Scanning – Looking at specific details like indexes etc.
 Reading intensively: Reading for the sake of getting detailed information so as to
have a comprehensive picture about the topic or subject matter.
 Selecting main points: In selecting the main points the following hints are
important:
1. Look at headings and subheadings
2. Look at font styles. Main points can be written in a different font style
such as italic.
3. Look at signal words like: first, secondly, additionally, furthermore,
conclusively etc.
4. Look at topic sentences. Topic sentences are sentences that contain main
ideas of the paragraphs. In deductive paragraphs a topic sentence comes
first while in inductive paragraphs a topic sentence comes last.
 Be brief: One has to summarize the information. Brevity can be achieved through
the following techniques:
1. Avoiding repetition of words or sentences.
2. Using alternative words to represent long sentences or
expressions/paraphrasing
3. Clipping of words. E.g Hist. instead of history; Ind, instead of
independence etc.
4. Using some contractions. E.g. Can’t instead of cannot; I’m instead of I am
etc.
5. Use of symbols/signs such as +, =, ≠, , , ,≤, ≥, €, £, etc
6. Use of abbreviations and acronyms: E.g, etc, NATO, TCU etc
7. Use of letters, bullets or numbers when listing or outlining
 Organise the notes properly/logically using outline format, branching format or
tabular format.

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 Record: Author, title, edition number, place of publication, name of publisher,

volume number, issue number, page number etc. These details will help in writing a
list of references or citations.
TECHNIQUES FOR ORGANISING THE NOTES

 Write in separate points
 Sequence the points logically. Start with main important ending with least
important points.
 Start a new point on a new line
 Indent the points for clarity. Sub and sub-sub points should be indented. If you
don’t indent the points, it can be very difficult to distinguish main points from minor
points.
 Leave enough space between points. The space left between points helps in
adding more details or examples.
READING STRATEGIES
Reading Process (SQRRR or SQ3R)

SQRRR (SQ3R) is a reading process that consists of five stages; Survey, question, read,
recites and reviews.
SURVEY: Carefully pre-read go quickly through the text or chapter in order to get the
general idea. It entails both skimming and scanning. Look at the titles, subtitles, boldface
and italics, graphs and diagrams, summary and/or conclusion, and questions at the end of
the chapter
QUESTION: Reading is a thinking process; inquiry makes you an active reader.

Formulate questions before you read. Convert titles, subtitles, etc. into questions. WRITE
THESE DOWN!
This will arouse your curiosity and increase comprehension. It will help bring to mind
information already known and help you to understand the section more quickly. The
question will make important points stand out from the explanatory detail. Turning the
heading into a question can be done the instant you read it, but it demands a conscious
effort on the part of the reader.
READ: Thoroughly read the chapter and fill in the answers to your questions as you go
along.
Important: Read for meaning, not only the answers! Write down any information you
sense is important. If you cannot answer the questions, one of the reasons Do not quote
when a paraphrase will do.

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Always provide a context for your quotations -- explain to the reader why and how the
quote is relevant to can be that you are reading something irrelevant or you have not
understood whatever your reading.
RECITE/RECALL: Talk to your self. Look away from the book and try to briefly recite
the answer to your question. Use your own words and cite an example. If you can do this,
you know what is in the book; if you can't, glance over the section again. An excellent
way to do this reciting is to jot down very brief cue phrases in outline form on a sheet of
paper.
Translate key ideas and new terms into your own words. Research any answers or
information that don't seem clear enough.
REVIEW:
When you have completed the assignment in the manner described above, look over your
notes to get a bird's-eye view of the points and their relationships. Then check your
memory for content by reciting the major subpoints under each heading. An excellent
way to check your memory is to cover your notes and try to recall the main points. Then
uncover each major point and try to recall the sub points listed under it. Frequent review
enables you to better retain the material.
READING TECHIQUES
Skimming
Reading for the sake of getting the general picture or idea about the chapter or passage.
Look at titles, subtitles, headings, subheadings, topic sentences, conclusion, figures and
tables.
Scanning
Reading in search of specific details like names, figures, key words, etc. Also, finding a
source to answer the question at hand.
Critical Reading
Reading in order to get full understanding and analyzing the source. It also involves
examining or analyzing the information in the source, that is looking and strengths and
weaknesses. Critical reading is common in book or paper review.
Intensive Reading
Reading for high degree of comprehension and retention over a long period of time. It is
a strategy commonly used by students when preparing themselves for examinations.
Skimming and scanning are not best techniques to be used when preparing for
examination.
Extensive Reading

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Reading for pleasure of reading not focusing on every single detail in the text.
Contextual Guessing (Noscitur a socii)

Is the technique in intensive reading in which the reader predicts the meaning of the word
by looking at the context in which the word has been used. In most cases the neighboring
words and sentences help in finding the meaning of the word which is ambiguous or new
to the reader. It is the ability to apply contextual guessing that a reader can be able to
know the meaning of the word without looking at the dictionary.
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LLB 1
LECTURE 3
STUDY SKILLS
ESSAY WRITING
Essay writing, report writing, bibliography writing, letter writing, writing of minutes etc.
• Definition of Essay
• written composition, usually prose and short, on any subject to express one’s own
personal ideas or opinions on some topic; giving information on any given
subject; or details about anything.
Characteristics of a good essay

• Unity: Sentences should focus on one theme or topic with a definite purpose
• Order: Logical organisation of ideas or arguments
• Brevity: Essay should not be too long. At least 300 words.
• Style: Formal style: No slang, colloquial terms or contractions. Language should
be simple, direct and natural.
• Coherence: All sentences in should be related to one another logically.
Coherence helps the reader to follow the flow of writer’s ideas. Coherence in
essays is attained by using transitional markers (transitional words) which
include: such as, and, also, furthermore, likewise, for instance, on the other
hand, aforementioned, he, she, in contrast, conversely, similarly, again,
additionally, consequently, as follows, etc.
• Cohesion: This is a grammatical and /or lexical relationship between different
elements of a text. Relationship between sentences is achieved by using cohesion
or transition markers such as: moreover, besides, in addition, this, the former,
finally, etc.o
• Completeness: This means that the subject of the essay should be adequately
developed by providing details, explanations, definitions, evidence, etc. This will
make the reader get satisfied and not left with vague expressions or unanswered
questions.
• Personal touch: An essay should reveal personal feelings or opinions of the
writer. One has to express his own views in an essay rather than just quoting other
people’s ideas. People have to know your stand.
• Use of citations and references: Proper citations and referencing
TYPES OF ESSAYS
• Narrative essay: Consists of a stories or narrations of events. Some of the events
may be historical, personal or fictional.
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• Expository essay: It is also called explanatory essay. It explains some subject,

terms or ideas; compares things; or explains how to do something (gives
instructions.
Examples: Cause and effect essays, compare and contrast essays, those which
define certain concepts and those which expose problems and provide solutions.
• Descriptive essay: Describes about places, things like animals or buildings,
actions, phenomena or events that happened in the past, manufactured articles
such as cars etc.
• Argumentative or persuasive essay: Essay with the aim of convincing or
persuading, motivating, or persuading readers to accept changes or take actions
and sometimes it can be written for the purpose of discouraging some bad
behaviour among intended readers.
Essay writing involves inductive or deductive reasoning

Inductive reasoning proceeds from specific aspects or details to the general aspects or
idea. Deductive reasoning proceeds from logically general facts to specific details or
aspects.
• Imaginative essay: Essay which expresses ones feelings about certain situation or
experience. A writer places himself or herself in someone’s position and starts
writing about what he fells about that position or certain experience.
Stages in Essay Writing

• Pre-writing stage
• Writing stage
• Post writing stage.
Pre-writing stage
• Reading and understanding instructional words such as: discuss, evaluate,
describe, etc.
• Prepare the outline of relevant points; the points that you think answer the
question.
• Write the thesis statement: A thesis statement is a sentence that explains the
controlling idea of the whole essay. It is usually put at the end of the introductory
paragraph of your essay. The thesis statement tells what the whole essay is all
about.
Writing stage
Introduction
This is the first section of the essay. In this section the writer does the following
activities: Defining terms, presenting background information, indicating the organization
of the essay and writing the thesis statement. Remember that you are not supposed to
provide a full discussion of your essay in the introduction.
Main Body
• The main body is the section where the writer provides all the required arguments,
details, reasons, and examples. The arguments are organized in paragraphs. The
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paragraphs should have unity, coherence, clear, and complete. Each paragraph
should have a topic sentence. Topic sentence refers to a sentence that carries the
main idea of a paragraph.
Deductive and Inductive Paragraphs
• Deductive paragraph is the one in which the main idea comes first followed with
details.
Inductive paragraph is the paragraph which is organized in such a way that specific
details came first ending with the general main idea.
Conclusion
• Conclusion, just like introduction is the difficult part to most students. This is the
last and emphatic part of the essay.
• The conclusion should be convincing.
• It involves the following activities: restating the thesis statement, summarizing
main ideas, providing concluding remarks and then giving the final statement. It is
in the conclusion one can show his/her own stand. This indicates the personal
touch of the essay.
Post writing stage

• Proof reading the essay to identify areas of weaknesses.
• Edit the essay in order to have the correct version.
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• Add more information if some sentences are not complete.

• Ensure that the bibliography is written in a correct format showing names of
authors, years of publication, titles, edition numbers, places of publication, names
of publishers and/or volume numbers, issue numbers and pages where articles are
located in newspapers or journals.
• Make sure that necessary details like your name, programme of study and other
specifications are provided.
• Submit the essay on time.
LLB 1
LECTURE 4
QUOTATION IN ACADEMIC WRITING
Quotation is the repetition of one’s ideas, opinions, words or expressions.
Quotations are common in academic writing just as they are in speech works. They range
from definitions, explanations of certain aspects and examples.
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Conditions that Lead to the Need to Quote

 When there is something interesting and need to be emphasized.
 When there are striking words in the original
 When there is the purpose of giving clarity
 When there is need to prove or provide evidence about certain phenomenon. This
means Use quotations to support your argument, rather than relying upon someone
else's words.
 Use quotations when accuracy is essential -- to indicate the writer's exact position.
 When one wants to show recognition about someone else’s ideas or opinions.
 When there is need to encourage or discourage certain behaviour or deeds.
 When one person wants to amuse other people.
 When calling attention to a position that you wish to agree or disagree with
 Use quotations when the specific language of a quote is important.
 When you want to cue readers that the words are not your own to avoid
plagiarism.
 When you want to expand the breadth or depth of your writing
Rules for Quoting

 Avoid quoting for the sake of quoting; ensure that the quoted material does
actually add to, illuminate, explain or illustrate the point you are making, or that it
highlights a problem that you are going on to tackle
 Look for the "kernel" or the most important part of the quotation and extract it
 If you use a direct quotation, you must include enough contextual and
introductory material that your reader can make sense of the quotation. It is also
highly important that the sentence including the embedded quotation makes sense as a
whole. This can be a particular problem if the quoted material is from an ancient, old
English source.
 When applying indirect quotation do not use quotation marks. E.g Martin Luther
King said that ‘I have seen the promised land’.
 Avoid quoting to selectively to the point of misinterpreting the original material.
 Quoted material should not be altered, even if it contains spelling or other errors.
Errors in the quoted material can be indicated by inserting the word [sic] italicised
and in square brackets after the error. You should, however, not use a quotation to
highlight the grammatical or other shortcomings of the writer. If possible, arrange
your own sentence so that the errors in the quoted material are not repeated.
 Keep quotes to a minimum. A short phrase or sentence is more easily understood
than a long quotation.
 the topic
 The language of the passage is particularly elegant or powerful or memorable.
 Acknowledge/indicate the source of information.
Types of Quotations
There are two types of quotations: Direct quotation and indirect quotation
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Direct Quotation (Verbatim)

Direct quotation or verbatim involves repeating exact words of the author or another
writer. It means no alterations are made to the original materials. In this case, even the
mistakes of the author or another writer are maintained. To show that the error in the
quoted material is from the author one has to insert the word [sic] italicised and in square
brackets after the error.
Short quotation
If your quotations are less than four lines long (which is usually the case), place them in
your text and enclose them with quotation marks. For example:
Chris (2008) argues, “Tanzania is poor because most people do not work hard the way
people in Japan and China do”.
“Road construction in local communities should not wait for the funds from the central
government; people can contribute both financially and in kind” (Aston, 2007).
Long quotation
If a quotation is more than four lines long, set it off from your text by indenting on both
sides. Indented quotation is also known as block quotation. Quotation marks are not
enclosed in quotation marks. Introduce the quotation with a complete sentence and a
colon (:).
Example of indented/block quotation
Representative bureaucracy, in which broad social groups are represented and thus
participate in the decision-making process, has been advanced by some critics as a means
promoting greater efficiency through social equity. The advantages of such a model are
cautiously described by Harry Krantz:
In theory, at least, a bureaucracy that accurately mirrored the social,

economic and ethnic composition of the nation not only would be
descriptively representative, but could be symbolically more acceptable-
and might be accountable and responsive as well as functionally more
effective (1976:78).
Indirect Quotation (Paraphrase)

A paraphrase is indirect quotation in which a writer puts someone’s ideas into his/her
own words. It involves writing the original text in a modified way either shorter or longer
than the original. There no new ideas added in the paraphrase, the original tone or idea
should be maintained. There is no use of quotation marks in paraphrasing.
Example:
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Original text
In both Kenya and Zambia, opposition parties contesting for power had virtually no
programme or manifesto beyond the ousting of the incumbent head of state.
(Stephen, 1994:121)
Paraphrase
Opposition parties of Kenya and Zambia had no programme or manifesto. They

were simply bent to bent on removing from power the existing government.
Original text
Since, under the Equal Employment Opportunity Commission Guidelines

pertaining to sexual harassment, an employer is liable for hostile environment
sexual harassment only if it knew or should have known of the harassment and
failed to take prompt and effective steps to end the harassment, it is possible for
employers to be exonerated from liability for hostile-environment sexual
harassment when sexual harassment has occurred by individuals within an
organisation, but the oranisation took prompt action to prevent further harassment.
Paraphrase
EEOC Guidelines allow courts to exonerate an employer from liability for hostile-
environment sexual harassment if the employer acts promptly to prevent further
harassment.
Original text
It is not necessary that an investment adviser’s compensation be paid directly by the

person receiving investment advisory services, but only that the investment adviser
receives compensation from some source for his or her service.
Paraphrase
Although the investment adviser must be paid, the source of the payment does not
matter.
CITATION IN ACADEMIC WRITING
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Definitions of citation
 A citation is a reference to a work, such as a book or a journal article - it provides
the necessary information needed to locate the work. A book citation provides the
author, title, publisher, publication place, and year of a work. An article citation
provides author(s), article title, journal title, volume, pages, and date. Citations
usually follow a particular format called a style.
 A citation is the reference that tells readers the source for information you have
included in your writing.
 Reference made by an author to a source of information they have used, for
example, another author's ideas or words.
Importance of citation or referencing

 Acknowledging other people’s ideas or words. This gives credit to their contribution
in your academic work.
 Avoiding committing an academic crime called plagiarism. One can be sued because
of stealing other people’s ideas without acknowledging the source of that particular
information. Also, failure to cite means violating the rights of a person who
originated the idea.
 Citations give confidence to the readers. They support one’s arguments in academic
writing. It makes readers prove that the work is well-researched.
 In academic settings, citations make students get better marks from lecturers.
 It helps the readers in tracing the genealogy of certain ideas.
Primary and Secondary Citation/Reference
Primary Citation/Reference
This is a situation in the cited work contains ideas originating from the author of that
particular book/work. For example, if you quote a definition from a book written by
Alex, and Alex, the author of that book, is the one who developed that definition; then the
citation for this book becomes primary citation or reference.
In short: Alex wrote a book, in that book he created a definition on management, then
once I cite that book; the citation is primary. This is because Alex never quoted any other
author but he created the definition himself.
Secondary Citation/Reference
This is citation in which the writer quotes ideas of the author who also quoted another
author. For example: Emmanuel quotes a definition of management from the book
written by John. But John also quoted that definition from Miriam’s book when writing
his book on management in 1999. Citation for John’s book will be referred to as
secondary citation/reference. When presenting this citation you shall write:
Miriam as quoted by John (1999).
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This is because although John is the one who wrote a book on management which you
are citing, it is Miriam who created the definition.
Citation Styles
Citation of sources can be within the text or as footnotes/endnotes.
Citation within the text/in-text citation (American Style)

This is the citation where the name of the author, year of publication and page numbers
appear within the text.
Principles of in-text citation.

 If the name starts at the beginning of the sentence, then enclose the year and page
within the brackets and not the name. E.g. Mpochi (1997:23) argues that women can
contribute to prevalence of sexual harassment by the way they comport themselves.
 When the author appears within the sentence, then enclose also the year of
publication and page number in the brackets. E.g.
According to Francis (2000:3), “a student who expects to pass in BPA examinations

should work hard. No lecturer, however good he is, can make a student pass if that
student does not study seriously”
 If the name of the author comes at the end of the quoted material, then enclose
everything, name of author, year of publication and page number in the brackets.
Then separate the name from the year and page numbers by comma. E.g.
Corruption is a complex problem to be eradicated from society this is because even

people who are supposed to condemn corruption are also corrupt (Lubandwa,
2003:45)
Footnoting/end noting
Footnoting
This involves writing reference information at the bottom of the page of the book, paper
or any other document. The footnote details express the raised number found in the text.
In footnoting, footnotes are numbered either continuously or start afresh on each page.
Footnotes can refer to the source, provide explanation or details etc.
Example of footnoting
According to Martias1 it is not good for Tanzanians to keep on blaming up to this time the
colonialists. They have had enough time2 to settle and plan for their economic
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development. What I think Tanzanians should look at, is their internal weaknesses 3.
There are some countries which were colonized for a longer time than Tanzania but they
are more developed than Tanzania4.
1. Martias, S. (2004:89)
2. A period of forty seven years since independence.
3. Corruption, laziness, overpopulation, poor policies, low technology poor leadership
etc.
4. Msonde, L.(1999:67)
End noting
Providing reference information or details at the end of the whole work such as an essay,
article or book. End notes can also appear at the end of each chapter.
End notes are similar to footnotes in terms of functions or objectives but they differ in
terms of location.
Types of footnotes/endnotes
There are different types of footnotes. They include: source footnotes/end notes; cross-
reference footnotes/endnotes; and explanatory footnotes/end notes.
 Source Footnotes/End notes: These are details that point to or indicate the
source of information that one used in writing his/her work.
 Cross-reference footnoting/End notes: This is information that directs the
reader to another section or part within the work; book, article, paper, etc.e.g (see
page 6; see figure 10; see section A, etc).
 Explanatory Footnotes/End notes: This is information used to explain, discuss,
give additional details, give examples etc.
NB:
 Footnotes/endnotes are usually used in order to avoid interruption in information
flow in the text.
 The numbers in superscript within the text which are later referred to in the
footnotes or endnotes are called footnote numbers or endnote numbers.
 Footnotes/endnotes are not arranged alphabetically the way the bibliography
appears.
Reasons for Footnotes/Endnotes

Scholars use footnotes and/or endnotes for a variety of reasons including:
 To make it clear to the reader which views are yours and which are the views of
other writers;
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 To allow you to acknowledge your intellectual debts to others if you decide to

accept their views or information;
 To direct the reader by the most efficient signposts to the place where the
information you have provided can be checked and verified or where further
useful information is.
Correspondingly, there are a number of situations where you MUST cite your sources.
 Direct quotations
 Any material that has been paraphrased from an outside source
 Any reference to arguments or facts (i.e. budget figures, technical specifications)
that have been garnered from an outside source
There are also circumstances in which you SHOULD footnote/Endnote

 To provide the reader with a guide to the sources used in the formation of the
author's original argument
 To provide the reader with a guide to sources that offer further information on
ideas or arguments summarized in the author's text
 To offer the reader further details or discussion beyond what could be reasonably
included in the main text.
 If information is not common knowledge to the average laid reader.
LLB 1
LECTURE 5
LATIN ABBREVIATIONS USED IN FOOTNOTING/ENDNOTING
Latin abbreviations are used in writing footnotes/endnotes to avoid repetitions of

reference information. The following are the most commonly used Latin abbreviations:
Ibid (Short for ibidem “at the same place") is the term used to provide an endnote or
footnote citation or reference for a source that was cited in the preceding endnote or
footnote. It is similar in meaning to idem (meaning something that has been mentioned
previously; the same) abbreviated "Id.," which is commonly used in legal citation.
In short, ibid is used when references or citations in the footnotes/end notes or text are
repeated consecutively.
Op. cit. (Short for "opus citatum"/"opere citato", meaning "the work cited/from the cited
work") is the term used to provide an endnote or footnote citation to refer the reader to an
earlier citation. To find the Op. cit. source, one has to look at the previous footnotes or
general references section to find the relevant author.
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In other words, Op.cit is used when references or citations for sources do not occur
consecutively.
Loc. cit. (Short for loco citato, meaning "in the place cited") is a footnote or endnote term
used to repeat the title and page number for a given author. Loc. cit. is used in place of
ibid. when the reference is not only to the work immediately preceding, but also refers to
the same page. Loc. cit. is also used instead of op. cit. when reference is made to a work
previously cited and to the same page in that work. As such, loc. cit. is never followed by
volume or page numbers.
Loc.cit is commonly used in legal citations. It is used when reference is made to the same
author and same page and/or section. Loc. cit is now rarely used in non legal citations.
Et al (Et alia - and others ('et al.' is used as an abbreviation of èt alii' (masculine plural)
or èt aliae' (feminine plural) or èt alia' (neuter plural) when referring to a number of
people); e. g. "the data reported by Smith et al."
Examples:
QUESTION ANSWER BY A BPA STUDENT
Without Latin Abbreviations With Latin Abbreviations
1. Kambarage (1999:45) 1.Kambarage (1999:45
2. Felix (2003:23) 2.Felix (2003:23
3. Kambarage (1999:3) 3.Kambarage (op.cit)
4. Kambarage (1999:4) 4.Ibid
5. Kalim (2004:12) 5.Kalim (2004:12)
6. Nancy (2008:1) 6.Nancy (2008:1)
7. Nancy (2008:1) 7.Loc.cit or ibid
8. Nancy (2008:3) 8.ibid
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9. Felix (2003:23) 9.Felix (loc.cit or Op.cit)
NB:
 Op.cit should be preceded by the surname when being used in citations.

 Ibid is not preceded by the name since it indicates the preceding name or source.
 Loc.cit: when used as ibid, no name is needed. But when used as op.cit, then it
should be preceded by the name.
PINPOINT REFERENCE IN ACADEMIC WRITING
Pinpoint reference refers to reference to a specific location of information in the work.

These references include page numbers, sections or sections. It is commonly used in legal
writing. For example:
 Anneth (2004:3): This citation provides the number of the page, which are 3. So
page 3 is a pinpoint reference.
 Banking Act 1959 (Cth) s 5: S5 means section 5. S5 therefore is a pinpoint
reference.
BIBLIOGRAPHY WRITING
Bibliography refers to a list of all works or sources of information –books, articles,

newspapers etc – cited in your work which can be an essay, seminar paper, research
report of book.
There are many styles or formats of writing bibliography. But it is not very important
which format you adopt. However, one has to be consistent with the format he/she has
chosen. Two formats are common; APA (American Psychological Association) and
MLA (Modern language Association).
Guidelines for Bibliography Writing in APA Style
1. Arrange all entries in alphabetical order. Use surnames, author’s first name or
initials.
2. If there are two authors, then provide both names.
3. Where there are more than two authors, write the first author, followed by the
word et al. Et al means “and others”.
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4. Where no name of author exists, use the editor’s name and indicate in brackets
with (Ed or Eds)
5. Likewise, the name of the organisation or country can be used in place of the
name of the author, such as Mzumbe, UDSM, Tanzania, URT etc.
6. Entries in bibliography are not numbered.
7. Titles for books, journals or newspapers are underlined if you are writing using a
typewriter. But if you are using a computer, the titles are italicised.
8. Titles for articles and unpublished materials are enclosed in quotation marks
9. For books which have been re-edited, use abbreviation (Ed), like 4th ed.
10. Place of publications come first followed by name of publisher, separated by

colon. Avoid using the names of countries as places of publication. Use towns or
other places, e.g. London, Dar es Salaam, Mzumbe, Morogoro, Tokyo, New
York, etc. But not Tanzania, England, the USA etc.
11. Where there is no place of publication or publisher, use abbreviation (n.p)
12. Use (n.d) to indicate that there is no date of publication.
13. To indicate one page, use “p.”; and many pages use “pp.”
14. To indicate one section use “s” and for many sections use “ss”
Examples
Books
 Author’s name (s)

 Year of publication
 Title of the book (underlined or italicised)
 Number of edition
 Place of publication
 Name of publisher.
Martin, J. (2004). Management Accounting, 4th ed. New York: Prentice Hall.
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Lugano, S and Chan, S. (1999). Effective Business Comunication. Dar es Salaam: Dar es
Salaam Printers.
Articles in Journals

 Year of Publication
 Title of the article in quotation marks
 Title of journal underlined or italicised
 Number of volume, and issue
 Page number (s)
Salim, S. (2008). “Sexual Harassment in Higher Learning Institutions”. Uongozi Journal.

Vol.7, No.11. pp. 12-34.
Article from Newspapers

 Year of Publication
 Title of the article in quotation marks
 Title of newspaper underlined or italicised
 Number of issue
 Page number (s)
Ihucha A. (Novermber10, 2008). “Namanga to receive Power from Kenya”. The

Guardian, No.4359, p.2.
Unpublished Papers

 Year of presentation
 Title in quotation marks
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 Where it was presented.
Mwambalaswa, J. (2006). “Pedagogy and Andragogy”. Paper presented at the Workshop

on teaching under new Curriculum at Mzumbe University.
Unpublished Dissertation/Thesis

 Year of report writing/submission
 Title in quotation marks
 Where it was submitted/presented
Msami, T. (2007). “Assessment of PEDP Implementation in Tanzania: A Case Study of

Morogoro Municipality”. Unpublished MA Dissertation/Thesis Submitted to
faculty of Education. University of Dar es Salaam.
Government Publications
 Country’s name
 Title of publication
 Place of publication
 Name of publisher
United Republic of Tanzania (2003). Economic Revival Programme. Dar es salaam:

Government Printers.
Electronic Sources
 Name of author/editor/organisation/institution/country
 Title
 Location of server, if known
 Publisher/maintainer of site (if known)
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 Website.
Watson, J. D., & Jones, F. H. (in press). A structure for deoxyribose nucleic acid.
Nature. Retrieved from http://www.nature.com/DNA/volume22/12345678.pdf
(accessed 3rd April, 2207)
Otieno, K. (2004). “Massification in Higher learning Institutions”. Mainconsulting.

Available from http://www.amanaonline.com/artiles/art_178htm.(accessed 4th
May, 2007)
Meaning of intitials
Http: Hyper Text Transfer Protocol
www: World Wide Web
html or htm: Hyper Text Markup Language
URL: Uniform resource Locator
SAMPLE OF BIBLIOGAGRAPHY IN APA STYLE/FORMAT

APA = American Psychological Association
Note that, in writing a bibliography in APA style, the details of the sources should be as
follows:
Books: Author’s name, year, title, edition number, place of publication and name of
publisher.
Articles from journal: Author’s name, year, title of article in quotation marks, title of
journal, volume number, issue number and page number (s).
Articles from a newspaper: Author’s name, year, title of article in quotation marks, title
of newspaper, issue number and page number(s).
Unpublished paper: Author’s name, year, title of article in quotation marks, place where
the paper was presented.
Unpublished Dissertation/Thesis: Author’s name, year, title in quotation marks, place
where it was submitted/presented.
Government Documents: Author’s name, year, title, place of publication, name of
publisher.
Example
Abbardel, S. and Priscilla, P. (Eds)(2005). Organisational Behaviour. London: Prentice
Hall.
Felix, T.(Ed) (2003). Public Policy Formulation. New York: (n.pub)
Kamando, A. (2007). “Self Help Projects in Same District: A Case Study of Hedaru
Development Project”. Un Published MA Dissertation, University of Dar es
Salaam.
Kinunda, J.( 2007). English Language, 6th ed. (n.p): NNP Publishers Ltd.
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Machemba, T. (2007). “Forces of Globalisation.” Brookville: New York.<http://www.

http:// web.lexis-nexis.com/universe>.
Machine, S. (October 30, 2008). “Children Learn Through Imitation”. The Guardian. No.
4344, p.9.
Mahimbo, N. (2008). “Constraints to Combating Poverty in Tanzania”. International
Quarterly Review, vol.3, no.6, pp.66-80.
Michael, K. (2002). Communication Skills: Theory and Practice. Dar es Salaam:
Ahmadiyya Printing Press.
Mrosso, T and Massawe, M. (n.d). Fudamentals of Public Administration. Dodoma:
Jupiter Printers Ltd.
Shoo, K. (1999). “Quality Control in African Universities”. A Paper Presented During the
Quality Assurance Workshop on 3rd, November, 1999 at Mzumbe University.
Shullen (2001) as cited in Majani, E. (2008). Human Resources Management in
Tanzania. Dar es Salaam: Government Printers Ltd.
Shumbusho, G.N. (1997). Basic Academic Writing: A Reference Guide.Mzumbe:
Research and Publication Department.
United Republic of Tanzania (1967). English for Tanzanian Schools. Dar es Salaam:
Longman Tanzania.
SAMPLE OF BIBLIOGAGRAPHY IN MLA STYLE/FORMAT

MLA = Modern Language Association
In writing a bibliography in MLA style, the details of the sources should be as follows:
Books: Author’s name, title, edition number, place of publication: name of publisher,
year.
Articles from journal: Author’s name, title of article in quotation marks, title of journal,
volume number, issue number, year in parentheses and page number (s).
Articles from a newspaper: Author’s name, title of article in quotation marks, title of
newspaper, issue number, year in parentheses and page number(s).
Unpublished paper: Author’s name, year, title of article in quotation marks, place where
the paper was presented.
Unpublished Dissertation/Thesis: Author’s name, title in quotation marks, place where
it was submitted/presented, and year.
Government Documents: Author’s name title, place of publication: name of publisher,
year.
Example:
Abbardel, S. and Priscilla, P. (Eds) Organisational Behaviour. London: Prentice Hall,
(2005).
Felix, T.(Ed) Public Policy Formulation. New York: (n.pub), (2003).
Kamando, A. “Self Help Projects in Same District: A Case Study of Hedaru
Development Project”. Un Published MA Dissertation, University of Dar es
Salaam, (2007).
Kinunda, J. English Language, 6th ed. (n.p): NNP Publishers Ltd, (2007).
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Machemba, T. “Forces of Globalization.” Brookville: New York. (2007). <hsttp://www.

http:// web.lexis-nexis.com/universe>, .
Machine, S. “Children Learn Through Imitation”. The Guardian. No. 4344, (October 30,
2008). p.9.
Mahimbo, N. “Constraints to Combating Poverty in Tanzania”. International Quarterly
Review, vol.3, no.6. (2008). pp.66-80.
Michael, K. Communication Skills: Theory and Practice. Dar es Salaam: Ahmadiyya
Printing Press, (2002).
Mrosso, T and Message, M. Fundamentals of Public Administration. Dodoma: Jupiter
Printers Ltd, (n.d).
Shoo, K. “Quality Control in African Universities”. A Paper Presented During the
Quality Assurance Workshop on 3rd, November, 1999 at Mzumbe University,
(1999).
Shullen (2001) as cited in Majani, E. Human Resources Management in Tanzania. Dar es
Salaam: Government Printers Ltd, (2008).
Shumbusho, G.N). Basic Academic Writing: A Reference Guide.Mzumbe: Research and
Publication Department, (1997.
United Republic of Tanzania English for Tanzanian Schools. Dar es Salaam: Longman
Tanzania, (1967).
DIFFERENCES BETWEEN REFERENCES AND BIBLIOGRAPHY
References list specific works that you used in your work.
References usually come at the end of a text (essay or research report) and should contain
only those works cited within the text. So, use the term ‘References’ to cover works cited.
A bibliography lists works for background or for further reading, these may be books
Which you read as part of your research, but which were not actually used.
OR
A Bibliography is any list of references at the end of a text, whether cited or not. It
includes texts you made use of, not only texts you referred to in your paper, but your own
additional background reading, and any other articles you think the reader might need as
background reading.
Both References. & Bibliography must be in alphabetical order; and each entry must be
Laid out in a strictly ordered sequence
PRESENTATION TECHNIQUES
Pre-delivery stage
Before you make a speech or presentation, consider the following guidelines:
 Set your goal in advance. You should be clear of what you are going to talk about.
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 Develop positive attitude/positive thinking about your self and others.

 Take a deep breath and relax to avoid stage fright
 Assemble and arrange your ideas before hand
 Rehearse on how you are going to present.
 Prepare a summary of the presentation or an outline.
 Take time to imitate other good speakers.
 Identify your audience
Delivery stage
 Break the ice. Great them and then ask the audience a simple question.
 Provide a short introduction
 Avoid funny stories about yourself.
 Speak and act with confidence
 Talk in an organized way.
 Your volume should be audible.
 Use relevant examples.
 Avoid talking from the notes. Don’t read everything. This can be boring.
 Show that you are interested in the subject and arouse the audience.
 Limit your subject.
 Use simple language to enhance understanding.
 Fill your talk with relevant illustrations and examples.
 Use suitable quotations, proverbs or anecdotes where possible.
 Talk without injuring the listeners’ personalities.
 Make the audience your partners. Involve them and make use of names from the
audience.
 Enumerate your pints as you make them
 Be your self. Imitating others can be boring. E.g speaking slang like an American
person while you don’t have good background in slang.
 Provide a summary of what you have said.
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LLB 1
LECTURE 6
STATUTE READING
Definition:
Statute can be defined in various ways as follows:
 An act passed by a legislative body
 Formal written enactment of a legislative authority that governs a country, state, city,
or county.
 Written law, as laid down by the legislature. (Common law) Legislated rule of society
which has the force of law
 An act of the legislature declaring, commanding or prohibiting something; the written
will of the legislature according to the forms necessary to constitute it the law of the
state.
 Statutes - Laws enacted by legislature; they are arranged into codes.
 A formal enactment of the legislature of a more permanent nature. The term "statute"
is used to designate written law, as distinguished from unwritten law.
 Typically, statutes command or prohibit something, or declare policy. The word is
often used to distinguish law made by legislative bodies from case law and the
regulations issued by Government agencies. Statutes are sometimes referred to as
legislation or "black letter law". As a source of law, statutes are considered primary
authority (as opposed to secondary authority).
Steps in reading the statute

Statute reading involves the following steps
1. Identification of the structure of the statute. Look at core statements, qualifications,
conditions (if, then structure), identifying the subjects and verbs.
2. Removing ambiguity in the statute. Remove grammatical errors which bring
ambiguities.
3. Learning the “protocols,” or “codes of correct conduct” that courts use in resolving
ambiguities in statutes. Protocols: Plain Meaning, Precedent, Purpose, Policy, etc.
 Protocol: The plain meaning rule (also known as “textualism”). Sometimes a

court will simply announce, by fiat, that no ambiguity exists, and claim that the
“plain meaning” of the statute, typically using dictionary definitions, is
unambiguous. (This can be amusing in a case that reaches the U.S. Supreme
Court, where the court splits 5-4 and reverses the lower courts.) Justice Scalia is
particularly fond of this protocol.
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Sources: Dictionaries and Canons of Construction. In arguing “plain meaning,”

lawyers often resort to rules of interpretation, known as canons of construction,
that are usually referred to by their Latin names. A widely used example is
expression unius est exclusio alterius. (The expression of one specific thing is
the exclusion of another.) Karl Llewellyn, the famous legal realist theorist of the
mid-twentieth century, argued that these canons are indeterminate, because they
come in matched and contradictory pairs.1
 Protocol: Legislative Intent (also known as “originalism”). A second approach

is to interpret the statute in the fashion that will best further the intent of the
legislature. In trying to determine the intent of the legislature, a court will often
look at the legislative history of the statute.
Source: Legislative History. What did the committees that drafted or considered
the statute say in committee reports? What claims did supporters make in
legislative hearings, or debate on the floor of the legislature, about how the statute
should be interpreted?
 Protocol: Precedent. Sometimes, the court will interpret a statute in a particular

way, because that’s the way it’s always been done. In other words, the court will
rely on prior precedents.
Sources: The cases in all those opinions you’re reading.
 Protocol: Purpose. Often the court will engage in “purposive reasoning,” trying
to identify the purpose for the statute by asking, “What was the legislature trying
to accomplish?” and “What interpretation will best further that purpose”?
Sources: Historical context. What were the issues of the day when the legislature
enacted the statute? What social problems was the legislature trying to address?
 Protocol: Policy (often relied on by proponents of “dynamic” interpretation).

Courts (and law professors asking their students to be pretend-judges) often ask
“Which interpretation will lead to the ‘better’ result?” with “better” being
evaluated in light of “policies“, such as certainty or predictability, efficiency, or
fairness.
.
..
Sources: Current contexts and public values. In evaluating policy, the courts will
look at the current social context and evolution of societal values. For instance,
they might evaluate how social and technological changes have altered the way a
statute operates in practice. Should statutes or rules that specify how a lawyer
must deliver court papers to an opposing lawyer be read broadly to permit
1
Karl Llewellyn, THE COMMON LAW TRADITION (App. C)
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delivery by e-mail or FAX technology? Or would that require a new or amended

statute or rule?
Methods of reading a Statute

Approaches to statute reading vary, just as approaches to briefing cases vary. These
approaches include:
 Breaking the statute into “elements”, the key activities that together will trigger a
particular legal result.
 Using an “If . . . then” structure, for the same purpose: identify the “if’s”, the
predicates that trigger the statutory “then’s”.
 Diagramming the statute much as English grammar teachers sometimes teach
students to diagram sentences (or used to!), identifying especially the subjects and
verbs, scrutinizing the conjunctions (and, or), and the modifiers with care. Any
method is fine, if it gets you pulling the statute apart in a way that you can understand
it accurately.
Elements to consider when reading statutes

In reading statutes consider the following elements: core statements, qualifications,
general conditions of statutes, alternatives in statutes, references (anaphoric and
cataphoric), and meaning of terms or vocabulary used.
Core Statements in Statutes

Core statement is a sentence that is grammatically complete after detaching the
qualifications from a statutory sentence. The core statement carries the complete idea and
can stand alone. It has the subject and the predicate. The predicate is consisted of a verb
and the object.
Study the following examples.
Any student / who makes noise in the campus while other students are studying / is liable
for expulsion.
 The core statement is: Any student is liable for expulsion.

 The statement “Who makes noise in the campus while other students are
studying” is a qualifier (Qualification).
Any man / who happens to have a carnal knowledge with any girl without her consent /
is guilty of sexual harassment.
 The core statement is: Any man is guilty of sexual harassment.
 The Statement “who happens to have a carnal knowledge with any girl without
her consent” is a qualifier (Qualification)
Qualifications in Statutes
Qualification is the information that qualifies an important noun or noun phrase.
Qualifications are important because they affect the application of the statute. Hence, one
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has to recognise the location of the qualifications and be able to know which noun the
qualification refers to.
In most cases qualifications start with words like who, which, that, whose, where, whom,
and participles (….ing/…ed), and adjectives.
Occurrence of Qualifications
Qualifications can occur in various ways which include: single (one) qualification, two
qualifications and nesting qualifications.
Single or One Qualification

Examples:
(i) Any person / who enters the father’s room without permission / is guilty of
misdemeanor.
(ii) Any person / liable to imprisonment for life or any other period / may be sentenced
for any shorter period.
(iii) Any person / convicted of murder / shall be sentenced to death
(iv) Any person / who commits the felony of manslaughter / is liable to imprisonment for
life.
Two Qualifications (Double Qualification)

Examples:
(i) Every inanimate thing whatever / which is the property of any person and which is
movable / is capable of being stolen.
 Which is the property of any person …( 1st qualification)
 Which is movable.. (2nd qualification)
(ii) Any man / who decides to do something unlawful and which leads to loss of
someone’s property / is liable for punishment.
 Who decides to do something unlawful …(1st qualification)

 Which leads to loss of someone’s property…(2nd qualification)
Nesting Qualifications
Nesting qualifications are qualifiers that occur in a series or together such that one
qualifies the other so as to remove ambiguity in a statute.
Examples:
(i) Any person / who of malice aforethought causes death of another by an unlawful act
or omission / is guilty of murder.ujn
pp `
(ii) Any person / who causes death of another as a result of excessive force used in
defense / shall be guilty of murder
NB:
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 Two qualifiers are nested if one of them defines that other or is within the scope
of the other.
 In nesting qualifications one of the qualifiers acts as an adverb (answering the
questions ‘how, to what extent, to what degree).
General Conditions in Statutes
In some sentences a condition or situation which must exist in order for the law to apply
is stated. –rfee It is usually introduced by the word, “if”. “when”, “where”, or “unless”.
The general condition limits the application of the rule.
For example:
 When a person is sentenced to death, the sentence shall direct that he shall suffer
death by hanging.
 If the offence is committed at night, the offender is liable to two-year
imprisonment.
Diagrammatically
General Condition Conjunction Core statement

If/when X is true (then) Y shall be Z
When a man kills his wife (then) He shall be considered to have committed
with malice aforethought murder
When a person is sentenced (then) the sentence shall direct that he shall
to death suffer death by hanging
If the offence is committed (then) the offender is liable to two-year
at night imprisonment
Occurrence of Conditions
They can occur as single or multiple
Single Conditions
 If/when A is true (then) Y shall be Z
Multiple conditions
 If/when A, B and C are true (then) Y shall be Z
Alternatives in Statutes
In some sentences in statutes a number of alternatives can are given. These are generally
of two types:
 Alternatives to general conditions
 Alternatives to qualifications
As regards statutes containing alternatives, the law will apply if any one of the
alternatives applies to the situation at hand. Hence, one should be able to identify the
alternatives. In identifying alternatives look at the following hints:
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 Use of “or”
 Use of “comma”
Use of commas shows where the alternatives begin and end.
Examples of Alternatives Identification in Statutory Sentences
Any person who fraudulently and without claim of right takes anything capable of being
stolen, or fraudulently converts to the use of any person other than the general or special
owner thereof anything capable of being stolen is said to steal that thing
Any person who (1) fraudulently and without claim of right takes anything capable
of being stolen
or (2) fraudulently converts to the use of any person other than the
general or special owner thereof anything capable of being stolen
… Is said to steal that thing.
Core statement: Any person is said to steal that thing

Alternatives: (1) fraudulently and without claim of right takes anything capable of being
stolen
(2) Fraudulently converts to the use of any person other than the general
or special owner thereof anything capable of being stolen
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LLB 1
LECTURE 7
STATUTE WRITING
Statutes can be written either using the traditional form, in which there is one long
sentence; or outline form (the modern approach)
Traditional Approach
Traditional approach involves writing one long statutory sentence with some punctuation.
This format does not involve numbering of points. Many statutes that students read are in
one long sentence style.
Modern Approach
This involves writing a statute using an outline format. Outline format is the modern way
of writing statutes in which various alternatives are clearly numbered, in order to make
them easier to read, particularly for the layman. It is most important when drawing up an
outline that you accurately locate the breaks between alternatives.
Example 1
Long statutory sentence

‘It is immaterial except so far as regards punishment, whether the offender does all that is
necessary on this part for completing the commission of the offence, or whether the
complete fulfillment of his intention is prevented by circumstances independent of his
will, or whether he desists of his own motion from the further prosecution of his
intention’
Outline form
‘It is immaterial, except so far as regards punishment,
a) whether the offender does all that is necessary on his part for completing the
commission of the offence, or
b) whether the complete fulfillment of his intention is prevented by circumstances
independent of his will, or
c) Whether he desists of his own motion from the further prosecution of his
intention.’
Example 2
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‘Where the offence is committed by any company, or other body corporate, or any
society, association or body of persons, every person charged with, or concerned or
acting in, the control or management of the affairs or activities of such company, body
corporate, society, association or body of persons shall be guilty of any offence and liable
to be punished accordingly, unless proved by such person that, through no act or
omission on his part, he was aware that the offence was being or was intended or was
about to be committed or that he took all reasonable steps to prevent its commission.’
(Kenya penal code, s. 23)
Outline format
‘Where an offence is committed by 1. any company, or

2. other body corporate or
3. any society
4. association or
5. body of persons,
every person 1.charged with, or

2. concerned or
3 acting in
The 1. control or
2. management of the 1.affairs or
2. activities
of such 1. company
2. body corporate
3. society
4. association or
5. body of persons
shall be guilty of that offence and liable to be punished accordingly, unless it is proved by such
person
1. that a. through no act or on his part

b. omission
he was aware that the offence a. was being or

b. was intended or
c. was about to be
committed
2. or that he took all necessary steps to prevent its commission
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Example 3

‘Any man who beats or kills his wife or brother with the purpose of enjoying the
properties acquired together will either be sentenced to life imprisonment or hanged’
Outline format
1. Any person who a. beats or
b. kills
2. his a. wife or
b. brother
3. with the purpose of enjoying the properties acquired together will either be
a.sentenced to life
imprisonment or
b.hanged
Example 4

‘Any person who assaults and strikes, or wounds any magistrate, officer or other person
lawfully authorized in or on account of the execution of his duty, in or concerning the
preservation of any vessel in distress, or of any vessel or goods or effects wrecked,
stranded or cast on shore or lying under water, is guilty of a felony and is liable to
imprisonment for seven years’
Outline format
1. Any person who a. assaults and strikes or
b. wounds
Any a. magistrate
b. officer or
c. other person lawfully authorized
a. in or
b. on account of the execution of his duty
a. in
b. concerning the preservation of
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a)any vessel in distress or a. wrecked

b) of any i. vessel or b.stranded, or
ii. goods or c. cast on shore, or
iii. effects d. lying under water
2. is guilty of a felony and is liable to imprisonment for seven years.
Verbatim in Statutory Writing

Verbatim in statutory writing refers to direct quotation of the statutory sentence or
statement without any modifications.
Paraphrasing Statutes
Paraphrasing statutes involves indirect quotation of statutory sentences or statements for
more clarity. It does not involve taking all words from the original version. Some of the
words are made by the writer without distorting the meaning of the statutory sentence. A
paraphrase can be shorter that the original text if some alternatives are left out, but it may
be as “precise” or as “safe” as the original text. Lawyers should learn how to paraphrase
legal texts in legal drafting.
Example1
Verbatim
“Any person who attempts to commit a felony or a misdemeanour is guilty of an offence,
which, unless otherwise stated, is a misdemeanour”.
Paraphrase
Any attempt to commit a felony or misdemeanour is a misdemeanour unless stated
otherwise.
Example 2
Verbatim
“Any person convicted of murder shall be sentenced to death”
Paraphrase
The sentence for murder is death.
Example 3
Verbatim
“Any person who commits the felony of manslaughter is liable to imprisonment for life”
Paraphrase
Committing manslaughter leads to life imprisonment
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LLB 1
LECTURE 8
STATUTORY INTERPRETATION/CONSTRUCTION
Statutory interpretation is a process defining or finding the meaning of the statute so as to
find out how to apply or to enforce it without committing injustice. Statutory
interpretation is also called statutory construction.
Sometimes the words of a statute have a plain and straightforward meaning. But in most
cases, there is some ambiguity or vagueness in the words or provisions of the statute that
must be resolved by the judge. To find the meanings of statutes, judges use various tools
and methods of statutory interpretation, including traditional canons of statutory
interpretation, legislative history, and purpose. In doing so the court or judge seeks to
ascertain the intention of the parliament.
There are various rules and approaches to statutory interpretation (construction). Some of
them include: Literal rule, golden rule, mischief rule, purposive approach, ejusdem
generis rule, hansard rule, expression unius est exclusion alterius, noscitur a sociis, non
obstante clause, generalia specialibus non derogant, last antecedent rule, reddendo
singula singulis, leges posteriores priores contrarias abrogant and in pari materia
Literal or Plain Meaning Rule
This is the statutory interpretation or construction rule whereby the words or phrases used
in a statute are given their plain or ordinary meaning. The rule is applied where the words
used are so clear that hardly any interpretation is required. If the words are clear, they
must be applied, even though the intention of the legislator may have been different or
the result is harsh or undesirable. The literal rule is what the law says instead of what the
law means. In this rule the court is further warned that “if a statute’s language is plain
and clear the duty of interpretation does not arise, and the rules which are to aid
doubtful meanings need no discussion.”
Golden rule
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The rule is used where once the literal rule is used leads to inconsistency, absurdity,
inconvenience or repugnance. Under this rule a statute is interpreted in such a way as to
remove any inconsistency, absurdity etc that might arise if the literal rule was used. The
rule is used in two senses: first, when the word or phrase used brings more than one
(multiple meanings); second, when the word or phrase used leads to ridicule or
repugnance. These circumstances are also referred to as narrow and wider senses
respectively. The narrow sense is applied when there is ambiguity or absurdity in the
words themselves such as the use of homographs. The wider sense is used when there is
the need to avoid a result that is obnoxious to principles of public policy, even where
words have only one meaning.
Example
In Sigsworth, Re, Bedford v Bedford (1935; Ch 89) a son murdered his mother and
committed suicide. The issue was who was supposed to inherit the estate. The courts
were required to rule on who then had to inherit the estate, the mother's family, or the
son's descendants. There was never a question of the son profiting from his crime, but as
the outcome would have been binding on lower courts in the future, the court found in
favour of the mother's family. It was found that if the son’s family could be permitted to
inherit the estate, then it would lead to ridicule.
Mischief rule (Heydon’s case rule, 1584)
It is applied where the statute in question is aimed at remedying a particular evil, defect
or mischief and what ruling would effectively implement this remedy.
The Mischief Rule is a certain rule that judges can apply in statutory interpretation in
order to discover Parliament's intention. It essentially asks the question: By creating an
Act of Parliament what was the "mischief" that the previous la+mm.;
w did not cover?
This was set out in Heydon's Case [1584] 3 CO REP 7a where it was stated that there
were four points to be taken into consideration when interpreting a statute:
1. What was the common law before the making of the Act?
2. What was the "mischief and defect" for which the common law did not provide?
3. What was the remedy the parliament hath resolved and appointed to cure the
disease of the commonwealth?
4. What is the true reason of the remedy?
Lord Diplock provided three circumstances under which mischief rule can be used. That
is:
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1. If it is possible to determine from the Act the precise mischief that the Act
was to remedy;
2. If it was an accident that the mischief had not been resolved by the Act’s
literal meaning; and If it is possible to say with certainty what additional words
would have been inserted by draftsmen and approved by Parliament.
Judges can then use this rule of statutory construction to suppress the mischief in the
previous statute.
Example
Smith V Hughes (1960). This case involved street offences ACT of 1959, which made it
an offence for a prostitute to solicit or loiter in a street or public places for the purposes of
prostitution. The court had to consider the appeals of six women. They had all been
charged under the ACT. The defendants were calling to men in the street from balconies
and tapping on windows. They claimed they were not guilty as they were not in the
"street." The judge applied the mischief rule to come to the conclusion that they were
guilty as the intention of the Act was to cover the mischief of harassment from
prostitutes. Also, that the ACT was designed to clear up prostitution in the streets so that
people could walk along the streets without being molested. Therefore, although the
prostitutes were not actually in the street, the ACT was interpreted to include the activity
they were engaged in.
Purposive approach
Purposive theory (or the teleological approach) is a theory of statutory interpretation that
holds that common law courts should interpret legislation in light of the purpose behind
the legislation. Purposive theory stands in contrast to textualism or statutory derogation,
two other prominent common law interpretation theories. The approach is similar to the
mischief rule but emphasing the intention of the legislature instead of the defect of the
previous law. Under this rule the words are interpreted not only in their ordinary sense
but also with reference to the context and purpose.
Ejusdem generis rule (Of the same kinds, class, or nature)

Ejusdem generis rule is used when there is a list of words or phrases with clear meaning
followed by a general word or phrase. The general word or phrase is taken to include
things of the same kind.
Also, the rule can be explained as follows: When a list of two or more specific
descriptors are followed by more general descriptors, the otherwise wide meaning of the
general descriptors must be restricted to the same class, if any, of the specific words that
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precede them. In order to attract the principle of ejusdem generis, it is essential that a
distinct genus or category must be discernible in the words under examination
Example1
For example, where "cars, motor bikes, motor powered, vehicles" are mentioned, the
word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be
interpreted as including airplanes).
Example 2
Where the statute imposes restriction on advertisement, publicity and sales promotion,
the expression “sales promotion” cannot include selling expenses incurred in the ordinary
course of business.
Example 3
Powell V Kempton Park Race Course (1889). In this case the defendant had been
operating an outside betting place. The ACT stated ‘house, office, room or other place of
betting’. The court had therefore to define if ‘other place’ would cover the defendant’s
situation. As the terms in the list all referred to indoor places, it was decided that ‘other
place’ also referred to an indoor place. Therefore a man was not liable for offence
charged.
Hansard rule
Hansard is the traditional name for the printed transcripts of parliamentary debates. The
object of the court in interpreting legislation is to give effect so far as the language
permits to the intention of the legislature. If the language proves to be ambiguous the
judges can consult Hansard to see if there is a clear statement of the meaning that the
words were intended to carry. Or in other words, if the intention of the parliament can not
be found through the mischief rule, then in order to remove the ambiguity the judge is
entitled to refer to the Hansard.
Hansard is one of external (extrinsic) aids to statutory construction or interpretation.

Other external aids to statutory interpretation include dictionaries, bill, historical facts
and surrounding circumstances, constitutional Acts, text books etc. Internal (intrinsic)
aids to statutory interpretation include long title, title of an order, preamble, headings,
marginal notes, punctuation, illustrations, definition of clauses, proviso, explanation,
schedules, transitional provisions and articles.
Hansard may be considered but only where the words of the Act are ambiguous or
obscure or lead to an absurdity. Even then, Hansard should only be used if there was a
clear statement by the Minister introducing the legislation, which would resolve the
ambiguity or absurdity.
Expression unius est exclusio alterius
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Expressio unius est exclusio alterius means the express mention of one thing excludes all
others. Under this maxim it means that items not on the list are assumed not to be covered
by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This
is usually indicated by a word such as "includes" or "such as."
This can be applied in the following:

1. When signing the contract, list of things not included are not recognised. That is
why before signing the statute one has to read the contents of the contract keenly.
2. In learning institutions where the list of students under loan board is provided but
some names are missing. This means that the names of students that are missing
will not be considered during loan payment.
3. A worker whose name does not appear in the payroll will not be paid untill
his/her name is included.
4. The "men" or “gents” sign on a toilet door impliedly excludes women and vice
versa.
5. The “staff” sign on the door of the bus excludes students.
Noscitur a sociis
Noscitur a sociis means a word is known by the company it keeps.
When a word is ambiguous, its meaning may be determined by reference to the rest of the
statute. The words and phrases surrounding the ambiguous can help in determining its
meaning through contextual guessing. This rule does not required the use of the
dictionary.
Non obstante clause

Non obstante means notwithstanding, in opposition to, or in spite of, what has been stated
or is to be stated or admitted. A non obstante clause is usually used in a provision to
indicate that the provision should prevail despite anything to the contrary in the provision
mentioned in such non obstante clause. A non obstante clause is a legislative device,
which is usually employed to give overriding effect to certain provisions over some
contrary provisions that may be found either in the same enactment or in some other
enactment. It is equivalent to saying that in spite of the provision or Act mentioned in the
non obstante clause, the enactment following it will have its full operation or that the
provision indicated in the non obstante clause will not be an impediment for the operation
of the enactment (Singh, 2005: 123).
Generalia specialibus no derogant

This principle means that universal things do not detract from specific things. Generalia
Specialibus non derogant is a cardinal principle of interpretation. It means that the
general provisions must always yield to the special provisions.
It is well-known proposition of law that when a matter falls under any specific provision,
then it must be governed by that specific provision and not by the general provision
Last antecedent rule
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Doctrine of last Antecedent rules refers the application of qualification to the

immediately preceding references when more than one references are contained in the
sentences or provision, unless otherwise it was clearly evident that it refers to a different
reference contained there in.
Example 1
A provision stipulate teachers, parents with mentally retarded kids must attend the ......,
here the qualification 'mentally retarded kids' refers to the parents as per last antecedent
rule. Even though “the teachers” comes last, since “the kids” refers to parents, it applies
to parents in this case.
Example 2
“The commercial vehicular license shall not apply to boats, tractors, and trucks, with only
four wheels and under three tons..." then the qualifier "only four wheels and under three
tons" applies only to trucks and not boats or tractors
Reddendo singula singulis
Reddendo singula singulis means refers only to the last. This is the same as the last
antecedent rule. Under this rule when a list of words has a modifying phrase at the end,
the phrase refers only to the last. For example, firemen, policemen, and doctors in a
hospital. The phrase in a hospital refers only to doctors.
Leges posteriores priores contrarias abrogant

Leges posteriores priores contrarias abrogant means subsequent laws repeal those before
enacted to the contrary, aka "Last in Time. Thus, when two statutes conflict, the one
enacted last prevails
In pari materia
In pari materia means upon the same matter or subject. This rule states that when a
statute is ambiguous, its meaning may be determined in light of other statutes on the same
subject matter.
Intrinsic and extrinsic aids to statutory construction

Intrinsic (internal) aids to statutory interpretation include: preamble, long and short titles,
headings to groups or sections within a statute, punctuation, marginal notes and schedules
to ACTS.
Extrinsic (external) aids to statutory construction include: white papers, hansard or record
of debates in the parliament, reports of commissions, other cases, treaties, and speeches
by Government Ministers in introducing a bill. The problem with external aids to
interpretation of statutes is that it is often thought that all these materials may lead to a
departure from the letter of the law.
Other rules of statutory interpretation include, but are not limited to:
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 Statutes should be internally consistent. A particular section of the statute should

not be inconsistent with the rest of the statute.
 When the legislature enumerates an exception to a rule, one can infer that there
are no other exceptions.
 When the legislature includes limiting language in an earlier version of a statute,
but deletes it prior to enactment of the statute, it can be presumed that the limitation
was not intended by the legislature.
 The legislature is presumed to act intentionally and purposely when it includes
language in one section but omits it in another.
 Where legislation and case law conflict, courts generally presume that legislation
takes precedence over case law.
 The Rule of Lenity: in construing an ambiguous criminal statute, a court should
resolve the ambiguity in favor of the defendant.
 A court may also look at: the common usage of a word, case law, dictionaries,
parallel reasoning, punctuation
Statutes are sometimes ambiguous enough to support more than one interpretation. In
these cases, courts are free to interpret statutes themselves. Once a court interprets the
statute, other courts usually will not go through the exercise again, but rather will enforce
the statute as interpreted by the other court.
REFERENCES TO DIFFERENT PERSONS IN STATUTES

Statutory sentences consist of different persons or parties. Persons are referred to by
words such as ‘he’, ‘his’, ‘any person’, ‘such person’, ‘another’, ‘who’, ‘whom’, ‘whose’,
‘which’, etc.
It can be difficult to keep track of different persons or parties being referred to in statutes.
It is therefore helpful to go through the statute and label all the references to persons or
parties in statutes. Identification of references also helps in statutory interpretation. When
the references are not well tracked, this can lead to confusion an inappropriate application
of the law.
The example below is a text with several persons and various references to the parties. It
is illustrated as follows:
Original text 1
When a party calls for a document which he has given the other party notice to produce,
and such document is produced and inspected by the party calling for its production, he is
bound to give it as evidence if the party producing it requires him to do so
In the text above it can be found that there are two parties or persons involved in the
activity or event illustrated therein.
The parties and references can be underlined and labeled as follows:
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When a party (A) calls for a document which he (A) has given the other party (B) notice
to produce, and such document is produced and inspected by the party calling for its
production (A), he (A) is bound to give it as evidence if the party producing it (B)
requires him (A) to do so
It can be found the references he in the first line, the party calling for its production, he in
the third line and him refer to party A. Reference ‘the party producing’ it refers to party B
in the text.
Original text 2
Where it is shown that a person charged with the murder of another killed the other or
was party to his killing himself or being killed, it shall be for the defence to prove that the
person charged was acting in the pursuance of a suicide pact between him and the other.
In the legal text above it can be found that there are two persons or parties depicted. The
parties and their references can be labeled as follows:
Where it is shown that a person (A) charged with the murder of another (B) killed the
other (B) or was party to his (B) killing himself (B) or being killed, it shall be for the
defence to prove that the person charged (A) was acting in the pursuance of a suicide pact
between him (A) and the other (B)
All references labeled A refer the first party or person and those labeled B refer to the
second party or person in the statutory statement.
Exercise
Read the legal text below and answer the questions that follow.
When a man takes a gun to kill another who did not pay him his money, and he intends to
kill him regardless of his right to life, then he commits the offence categorized as murder.
Questions
1. How many persons are there in the above legal text?
2. Label all persons and references in the above text
3. Show which persons the labeled references refer to.
Types of references.
References to persons in statutes can be categorized into anaphoric and cataphoric
references.
Anaphoric Reference
Anaphoric reference is when there is a word or phrase which refers to something which
has already been mentioned or identified. It is also called backward reference. Examples:
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1. Alex killed his wife but he never appeared in court Words ‘his’ and ‘he’ refer
backward to the antecedent ‘Alex”
2. The judge came downstairs; he was holding all the necessary documents for the
case. The pronoun ‘he’ also refers backward to the noun ‘judge’.
3. The bandit took all the documents and hid them behind the judge’s sofa coach.
The pronoun ‘them’ refers to the noun ‘documents’.
Cataphoric Reference
Cataphoric reference refers to a situation in which the reference is made to the noun or
noun phrase or something that has not yet been identified. This also refers to forward
reference. Examples are:
1. Having killed his wife, Ally committed suicide. ‘His’ refers to Ally, the name
mentioned after the reference.
2. After finishing writing their reports, law students had to remain for oral
examination. ‘Their’ refers to ‘law students’. Again, ‘law students’ is mentioned
after the reference.
3. Because he was very clever, the Judge promptly began reading the case report
before the jury.
Statutory Citation
Statutory citation includes elements such as:

1) Statute name (Short title)
2) Major subject number
3) Year
4) Code abbreviation
5) Section number, or chapter and section symbol
Examples
 Criminal procedure Act, 1985.
 The Fatal Accidents Act, 1846 (C. 93)
 Local Government Act No. 7 of 1982
 Local Government Elections Act, 4 (1979)
 Communications Decency Act, 47, U.S.C s223 (2000)
Revised Statutes which have been amended:
When you cite to a statute, it is assumed you are citing to the current version of the
statute. It is only necessary to include a reference to an amending statute in the citation if
it is relevant to a point being discussed. To include an amending statute, cite the original
statute first, followed by "as amended by" and the citation of the new act. Include the
name of the amending statute only if it differs from the original act.
Example:
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Hay and Straw Inspection Act, RSC 1985, c H-2, as amended by An

Act to Amend the Department of Agriculture Act and to amend or
repeal certain other Acts, SC 1994, c 38.
This citation is referring to federal legislation, the Hay and Straw

Inspection Act, chapter H-2 in the 1985 Revised Statutes, which has
been amended by a statute found in chapter 38 of the 1994 annual
statutes.
LLB 1
LECTURE 9
READING CASES
Meaning of a case
A case is a comprehensive term for any proceeding in a court of law whereby an
individual seeks a legal remedy. It is also referred to as lawsuit.
Forms of cases.
Generally speaking, cases are found in three forms, although different terms can be used
to describe them. The forms of cases include:
(1) Case report

This is a full official report of a case as found in the various volumes of reports in the law
library. E.g. The law reports of Tanzania.
(2) Case Outline or Case notes

A set of clear, concise and well laid down notes that facilitate understanding of the case
report by a reader.
(3) Case summary or case brief or case précis

Case summary is a summary of the main points of a case written as one complete
paragraph. Full grammatical sentences are used rather than notes. A précis of a case
involves writing a short summary of the facts, issues, opinions or holdings and setting out
the rule of law established by the precedent.
Sections of a Case Report
Heading/Case name/Identification of a case
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This section should include the case name, court that decided the case and where to find
it. For example, assume you have read the hypothetical case Hopkins v.Hopkins in your
textbook. Identification of your case would be Hopkins v. Hopkins (Tex.1995) p.52 (of a
casebook). If the case is not in the casebook, you should give its citation so that you can
find it in the library again. For example, Hopkins v. Hopkins, 42 s.w. 3d 123 (Tex. 1995)
Material Facts or Determinative facts

Refer to events that happened in a particular case leading to a particular litigation.
Material facts in fact are those facts that are relevant and which the court actually relied
to justify its decision. Stated differently, material or determinative facts are facts that, if
they had been different, would likely have changed the result of the case. Facts like
plaintiff’s age, marital status, tribe or appearance will probably have nothing to do with
the resolution of the issue and you will not want to include them in your case brief. When
stating the facts in the case report, identify the following:
1. Principal parties to the dispute
2. Relationship among those parties
3. Events that led to the dispute.
Examples of facts:
A case reports describes:

 Juma had his wife (Principal parties and relationship).
 Juma beat his wife (Event 1)
 After beating her he ran away. (Event 2)
 He left children uncared for. (Event 3)
The notes above state the events which in this case they can be called material facts.
Issues
Issues are the legal questions that the judge wants to answer in a case in order to resolve
the dispute between parties. Issues can be easily identified in a case report since the judge
uses the word “issue”.
Forms of issues
(a) They can be in form of direct questions.
For example, we need to know; did he actually observe the killing?
(b) They can also be written as indirect questions.

For example, we need to know whether he actually observed the killing.
Holding
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Holding refers to a court's determination of a matter of law based on the issue presented
in the particular case. Holding is, thus, the court’s answer to the issue. The holding of a
particular case allows future cases to build upon such a case by citing precedent.
However, not all holdings are given equal merit; factors that can strengthen or weaken
the strength of the holding include:
 Rank of the court (Supreme Court versus an appellate court).
 Number of issues decided in the case (multiple issues may result in so called,
multi-legged holdings)
 Authority or respect of the judge(s)
 Number of concurring and dissenting judges
 New applicable statutes
 Similarity of the environment as opposed to the age of the holding.
Rule of the law or legal principle

In this section you also should state the legal principle (or law)for which the case may be
cited in future disputes. The law can either be statutory or case law that the judge makes
reference to when summing up the proceedings in the case. The judge makes reference to
the case which applies to the case at hand. It is, therefore, important to identify the law
that the judge might have referred or applied in resolving a particular case whose report
you are reading.
An example of statement of the law can be as follows: According to Criminal Act

No………of 1984, “When a person kills another person with malice aforethought, then
he is considered to have committed murder and he is liable to life imprisonment.”
Conclusion
Conclusion is a key element in the judge’s or court’s argument. It comes after reviewing
the law as it applies to a particular case. Conclusion then leads to the judge’s final
verdict. Conclusion is identified by words like ‘therefore’, ‘thus’, ‘then’, ‘so’, etc.
Legal Reasoning (Ratio decidendi)

In fact, Reasoning involves identification of specific reasons or justifications the court
offered to support its conclusion. One has to explain, step by step, how the court arrived
at its decision.
Judgment (Verdict or Disposition)

Judgment (verdict) is synonymous with the formal decision made by a court following a
lawsuit. At the same time the court may also make a range of court orders, such as
imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy
for the plaintiff in a civil law matter.
Ferdico (p. x) highlights the three most common dispositions:
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 Affirmed —The appellate court agree with the opinion of the lower court from
which the appeal came.
 Reversed —The appellate court disagrees with the opinion of the lower court
from which the appeal came and sets aside or invalidates that opinion. Reversals
are often accompanied by a remand.
 Remanded —The case is sent back to the court from which it came for further
action consistent with the appellate court opinion. Remand often accompanies a
reversal.
N.B: If you are going to skimp on doing case briefs, don’t skimp on the reasoning
If your case brief is more than 1-2 handwritten pages; it is probably too detailed.
Case briefs should be brief!
CASE CITATION
Case citation is the system used in many countries to identify the decisions in past court
cases, either in special series of books called reporters or law reports, or in a 'neutral'
form which will identify a decision wherever it was reported. Although case citations are
formatted differently in different jurisdictions, they generally contain the same key
information.
Citation of published or reported cases includes.

1) Title of the case report or case names (style of cause). This is usually italicised
2) The year in which the case was reported or published or year of decision.
3) Name of series of law reports in which the case is reported, Also volume number.
4) Page number/ number of the case
5) Pinpoint reference (section)
Examples
1. Ali S/o Malipuko Kailu v. R. [1976] LRT n.37
Ali S/o Malipuko Kailu v. R. [1976] LRT n.37

1 2 3 4
2. N.Y Times v. Sullivan [1964] SO.14, S a-c
N.Y Times v. Sullivan [1964] SO n.14 S a-c

1 2 3 4 5
3. Halden v. Halden [1966] WLR 1418
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Halden v. Halden [1966] WLR 1418

1 2 3 4
4. Heaven v. Pender [1883] 11QBD 508
Heaven v. Pender [1883] 11QBD 508

1 2 3 4
Use of square or round brackets

 Square brackets are used when the year is necessary for identification of the
correct volume of the law report. For example:
Lonrho V. Fayed [1990] 1 QB 490
 Round brackets are used when reference to the year is not necessary to identify
the volume of the report.
Mills v. Meeking (1990) 64ALR 190
Citation of unpublished or unreported cases includes.

1) Case names
2) Case number and year of registration
3) Registry or decision number
4) Word ‘unreported’ or ‘unpublished’
Examples
1. Nimrod E, Mkono V. Godes Limited, Civil Application no. 9 of 1990, Court of Appeal
of Tanzania at Dar es Salaam (Unreported or unpublished)
2. Jeremiah V.Alexander, Civil Appeal No. 94 of 1983, High court (MZ) (Unreported)
3. Ihuya V. R, Criminal Appeal No. 45 of 1990 (Unreported)
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LLB 1
LECTURE 10
IDENTIFICATION OF LANGUAGE ELEMENTS IN LEGAL DOCUMENTS

There are various language elements that are used in legal documents. They include:
Justification, contrast, concession, condition, reasoning and conclusions
Justification
The act of giving the reason that supports the opinion. Justification in legal documents
can be identified by the words like ‘because’, ‘since’, ‘for’
Contrast
The act of showing the difference or opposition between two points. Contrast is identified
by words such as ‘but’,’ however’, ‘whereas’, ‘while’, ‘on the other hand’, ‘yet’ and ‘on
the contrary’.
Concession
The act of conceding or granting or yielding to the point. Words used to identify
concession include: although, on the contrary, even if, though, in spite of,
notwithstanding, nonetheless, nevertheless, despite, even though etc. Clauses which
contain concession elements are also called ‘non obstante clauses’,
Condition
Conditions in legal documents are identified by words like if, when, once, unless, when,
should.
Reasoning
Reasoning is the cognitive process of looking for reasons for beliefs, conclusions, actions
or feelings or engaging in a process that leads to a conclusion or inference using known
facts or assumptions. Reasoning is supposed to be supported by evidences.
The reasoning process towards verdict can be shown as follows.
Evidence 1 + Evidence 2 + Evidence 3 = Conclusion. Then, justification and lastly,

verdict.
Conclusions
Conclusion in legal documents can be identified by using words like therefore, thus, then,
so, hence, conclusively, to conclude etc.
55

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CIVIL PROCEDURE (Tumaini University Makumira)

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COM 103: Communication for Law

NOTE TAKING AND NOTE MAKING

Note taking is the practice of writing pieces of information, often in an informal or

Importance of note taking

Note taking is important in various ways as follows:

 It helps in recording information for future reference. No one can remember

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 It promotes critical thinking.

 It improves writing skills.

Five R's of Note Taking

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Note Taking From Lecture

Attending classes punctually.

Selection of main points

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 Facial expressions/gestures help in discovering points. Other lecturers or speakers

Brevity in note taking can be achieved through the following techniques:

Good organisation of notes

The notes can be organised in one of the following formats:

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Tabular format: Arranging notes in columns

Hist. of Crts. Syst. in Tz

Note-taking versus Note-making

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COM 103: Communication for Law

NOTE-TAKING FROM WRITTEN MATERIALS

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 Record: Author, title, edition number, place of publication, name of publisher,

TECHNIQUES FOR ORGANISING THE NOTES

Reading Process (SQRRR or SQ3R)

QUESTION: Reading is a thinking process; inquiry makes you an active reader.

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Contextual Guessing (Noscitur a socii)

COM 103: Communication for Law

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Characteristics of a good essay

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• Expository essay: It is also called explanatory essay. It explains some subject,

Essay writing involves inductive or deductive reasoning

Stages in Essay Writing

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Deductive and Inductive Paragraphs

Post writing stage

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• Add more information if some sentences are not complete.

COM 103: Communication for Law

QUOTATION IN ACADEMIC WRITING

Quotation is the repetition of one’s ideas, opinions, words or expressions.

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Conditions that Lead to the Need to Quote

Rules for Quoting

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