Law school – Ethiopian Legal Brief

Law Schools’ Access to Legislation and Decisions: Current Trends and Suggested Outlets DOWNLOAD (pdf)

(Journal of Legal Education Vol. 3, No.2 December 2010 )

Mulugeta Getu

(LLB, LLM, Lecturer in Law Haramaya University College of Law.)

Introduction

Legislations enacted by the different organs of the regional and federal states and precedents (interpretation of law given by the Federal Supreme Court Cassation Division and the decision of the House of Federation on constitutional issues) comprise the sources of law in Ethiopia. These materials should be easily accessible to the public to let it guide its behavior in accordance with the law. In addition, access to law paves the way for the establishment of the rule of law.

There is, however, a serious problem of accessing legislations and decisions in Ethiopian law schools. The lack of access is often caused by many factors, namely, lack of commitment, poor attention, financial constraints, bureaucratic acquisition process, lack of regular publication and distribution, geographical limitations, etc. Law schools being the naissance of lawyers, have the most compelling need of accessing these documents. Unlike ignorance of law by ordinary citizen that affect that individual alone, ignorance of a lawyer (who will eventually become a judge, attorney, or a prosecutor) endengers the public. Legislations and decisions, moreover, are periodic in a sense that upon their issuance, they might repeal or suspend earlier laws or decisions. This nature of the documents, in turn, requires their prompt communication to law schools and the public in general to make them effective.

This article tries to assess the challenges and possible outlets regarding the accessibility of these documents by law schools. To address these issues, the writer has used a combination of methodologies. Most of the data for the research gathered through interview and questionnaires from different law schools. Literature review has also been made to appreciate the necessity of these legal documents, effect of poor access to the legal education and observe the lessons of foreign law schools. In addition, documents like legislation have also been consulted wherever found necessary.

The article is divided in to three chapters. It starts with an introduction followed by the first chapter addressing three more points: history of publication of legal documents in the world and Ethiopia, the kinds of documents statutorily required to be published in Ethiopia together with the responsible organs, and laws schools‘attachment to these documents. The Second chapter is devoted for assessing the means used by law schools to access these legal materials, and the effect of poor access on the legal education. The tasks we ought to do to enhance accessibility of documents to best support the legal education is dealt in the third chapter. And, finally, the conclusion follows.

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Last year, Ethiopian law school students have for the first time taken the National Exit Exam which will qualify them for their successful graduation. Most of the students did not have a clear guidance on how to prepare themselves. Now, last years exam will to some extent help them understand the type and nature of questions involved. Here is part of the exam paper for public laws.

NATIONAL AGENCY FOR EXAMINATIONS (NAE)

NATIONAL EXIT EXAMINATION FOR

STUDENTS OF ETHIOPIAN LAW SCHOOLS

2010/2011 ACADEMIC YEAR

PART II:- PUBLIC LAWS

Section I: Choose the Best Answer (20%) (One Point Each)

1. One of the following is not a canon of taxation

A. Certainty C. Accountability

B. Productivity D. Economy

2. The following statement is correct about commonality of TOT and VAT

A. Both are Indirect taxes

B. Both belong to the family of sales taxes

C. Both avoid cascading effect

D. All

E. None

3. Which one of the following is true about the similarities and differences between restrictions to and derogations from human rights provisions?

A. A restriction suspends the right whereas derogation limits its application.

B. Both are necessary evils at all times and in all places.

C. Restrictions are perpetual in character whereas derogations are temporal.

D. Restrictions are justified by the rights of others alone whereas derogations might be made to protect the constitutional order.

E. None of the above

4. Which one of the following is true about classification of human rights?

A. It helps in prioritizing one right over the other.

B. We have universal standards to classify human rights.

C. It might be considered as a reflection of ideological controversies in human rights standard setting.

D. It mainly serves for academic purposes without any effect of prioritization.

E. C and D are correct.

F. All of the above are correct

5. The goal of separation of powers is

A. To do away with or minimize tyranny

B. To ensure liberty of citizens

C. Ensuring efficiency of government

D. All

E. None

6. The following may not be suspended during emergency under FDRE Constitution except

A. The right to equality

B. The prohibition against inhuman, degrading treatment or punishment

C. The federal democratic organization of the state

D. Right to self-determination

E. None

7. One of the following is true about the federal legislature under FDRE Constitution

A. FDRE Constitution establishes a bicameral house with equal

Power

B. The composition of the two houses (HPR and HF) is not different

C. The method of election of the two houses is the same

D. Both HPR and HF participate in amendment of the constitution and jointly elect the president

E. All

8. What rule of law requires is that

A. Subjection of everyone to the same law and ordinary court

B. Equal protection of the law

C. Supremacy of ordinary law

D. Rule of law and not men

9. Constitutionalism requires that

A. There should be popular sovereignty

B. Separation of powers

C. Human rights are respected

D. There should be limit to what the majority can do

E. All

10. Bicameral legislature was envisaged in all except in the

A. 1931 constitution

B. 1955 revised constitution

C. 1987 PDRE constitution

D. 1995 FDRE constitution

E. None

11. One of the following is incorrect about sovereignty.

A. Sovereignty implies that states don’t accept any supreme authority above them without their consent.

B. Sovereignty dictates that obedience to international obligation is optional.

C. The executive (enforcement) jurisdiction of states is strictly territorial.

D. Immunities and privileges of a state in another state is an exception to the principle of sovereignty.

12. Which one of the following is true about the legal significance of Recognition of states?

A. It may serve as an evidence to confirm or refute statehood when there is doubt regarding the four factual criteria of statehood.

B. Premature recognition may amount to unlawful intervention.

C. It may have a constitutive effect when new states are created through secession.

D. B&C

E. A&B

13. Which one of the following Doctrines in the law of International Organization receives judicial support in the Reparations for injuries Advisory Opinion when establishing international legal personality for the UN?

A. The principle of Specialty

B. The Doctrines of attributed powers

C. The doctrine of inherent powers

D. The doctrine of Autonomy

E. The Doctrine of Implied powers

14. Identify the statement that does not explain the purpose of environmental impact assessment

A. Serves to bring about administrative transparency and accountability.

B. Enhance community participation in development activities that might affect them and their environment.

C. Cancel development projects that promote welfare of the community

D. Serves to predict and manage environmental effects which a proposed development activity entails.

15. Identify the statement that well describes Sustainable Development?

A. Non- linearity of natural resource degradation is not yet a threat.

B. Possible to employ the theory of ‘pollute now and compensate later’.

C. It is becoming less an option for developing nations.

D. Nature has still the potential to accommodate un-sustainability.

16. One of the following statements is true about judicial review?

A. The grounds for judicial review are always contained in the statute conferring powers on public bodies.

B. In judicial review the court reverses the decision of the defendant public body.

C. Judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it.

D. In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim.

17. Which one of the following statements is false?

A. writ of certiorari, now called a quashing order, allowed a court to reverse the decision of agencies and replace it with its own judgment of the merits of the case.

B. When a claimant asks a judge to review the lawfulness of a public body’s decision, the court will look at the way the public body reached its decision

C. The court has jurisdiction to examine the record of a public body’s proceedings and if there are errors on the face of the record the defendant’s decision may be quashed.

D. A writ of mandamus is issued by a court to compel a government officer to perform mandatory or purely ministerial duties correctly.

18. A goes to a party and asks his friend B to bring him a non-alcoholic beer. Unbeknownst to him, B returns with a glass of ordinary beer. After consuming several glasses, A gets in to a car and because of his intoxication, he loses control and causes injury to a pedestrian. Which one of the following is true according to the Criminal Code of Ethiopia?

A. Intoxication would be a defense to any crime that requires proof of knowledge and purpose

B. A can raise the defense of intoxication so long as it was involuntary

C. He can’t raise the defense of intoxication at all as he was at fault in putting himself at the party in the first place

D. Even if it were involuntary he can be charged for crimes against public safety

19. Which one of the following is not true about the Federal Courts Special Advocacy License?

A. One needs to have a university Degree and five years relevant experience to hold the license

B. The license is not designed to receive financial rewards

C. The applicant for such category of license is exempted from Advocacy Entrance Examination

D. Professional Indemnity Insurance policy is a requirement to receive this category of license

20. Which one of the following is not true about practicing law?

A. Practicing law without a license is a crime

B. A person can represent his spouse in a court of law without having a license

C. Graduation from law school is a pre condition to become an advocate

D. Any Ethiopian can practice law

Section II: Say true if the statement is correct and false if the statement is in correct? (5%) (One Point Each)

1. Procuring the means or creating the conditions for the commission of a crime is not always punishable under Ethiopian Law.

2. Human rights provisions of regional constitutions in Ethiopia can deviate from their federal counterpart so long as they provide a better protection.

3. Tax withholding is the process of depositing money to be credited later against one’s tax liability

4. The difference between first past the post system and proportional representation electoral systems lies in the fact that the former takes place in multi-member district whereas it is in single districts in the latter.

5. A consistent General Practice of states is what separates Habitual acts and acts of Courtesy from acts required by law

Tag: Law school

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Mulugeta Getu, Law Schools’ Access to Legislation and Decisions: Current Trends and Suggested Outlets

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