Notes, summaries, assignments, exams, and problems for Law

Introduction to Administrative Law

Summary: Introduction to Administrative Law.

Working Definitions

1. Administrative Law

Manner of Discharging Government Functions

Administrative law regulates the powers and duties of public authorities in Kenya, including:

1. National Government: Executive (President, Cabinet Secretaries, civil service officers), Legislature (Clerk), Judiciary (Chief Registrar).
2. County Governments: Governors, County Executive Committees, County Secretaries, County Assemblies, Ward Administrators.
3. Regulatory Authorities: e.g., PPRA, KMA, ERC, CAK, IRA, NTSA, NEMA, KeBS, BCLB.
4. Commissions & Independent Offices: e.g., NPSC, IPOA, PSC, IEBC, CAJ, Auditor-General, DPP, JSC, SRC, TSC.
5. State Corporations: e.g., KRA, KPA, KAA, HELB, KSL, Public

White-Collar Crime: Definition and Context

White-collar crime cannot be understood only by looking at the illegal act. It refers to crimes committed from positions of social and economic power, usually within organizational or corporate contexts. What defines these crimes is not only illegality, but the status of the offender, their access to power, and the abuse of trust and authority involved. According to Sutherland, white-collar crime differs from street crime because it is embedded in legitimate institutions.

Survival-Based Crime vs Elite Crime

The main difference between survival-based crime and elite crime lies in motivation. Survival-based crime is motivated by necessity or subsistence, while elite crime is motivated by profit, advantage,

Foundational Documents and Early Governance

• Mayflower Compact (1620)

  An early agreement among Pilgrims for self-governance in Plymouth Colony.

• House of Burgesses (1619)

  The first legislative assembly in the American colonies, established in Virginia.

• Declaration of Independence (1776)

  The document by which the thirteen American colonies declared their independence from Great Britain.

• Articles of Confederation (1781)

  The first constitution of the United States, which established a weak federal government.

• Shays' Rebellion (1786–1787)

  An uprising that highlighted the significant weaknesses of the Articles of Confederation.

• Constitutional Convention (1787)

  A pivotal meeting held to draft a new United States Constitution.

• Great Compromise (1787)

  Established

Criminals and Their Actions: Essential Vocabulary

Types of Criminal Offenders

• Mugger: Someone who uses violence to steal from people in the street.
• Shoplifter: Someone who steals merchandise while inside a shop or store.
• Burglar: Someone who breaks into a home or other building to steal things.
• Pickpocket: Someone who steals from people in the street, often without them noticing.
• Robber: Someone who steals from a home, bank, or other business, often using force.
• Thief: The general word for someone who steals.

Major Criminal Offenses

Hijacking

Using violence or the threat of force to take control of a vehicle, such as a plane or bus.

Murder

Killing someone deliberately (i.e., on purpose or intentionally).

Assassination

The murder of a famous or important

Essential Vocabulary for Enhanced Communication

Dark and Gloomy

Murky: Dark and gloomy, especially due to thick mist.

Charm or Magical Object

Talisman (noun): An object that serves as a charm or is believed to confer magical powers; an amulet, fetish.

Humble Request

Suppliant: Asking humbly and earnestly.

Violent Whirlpool or Situation

Maelstrom (noun): A whirlpool of great size and violence; a situation resembling a whirlpool in violence and destruction.

Expressing Disapproval

Pejorative (adjective): Tending to make worse; expressing disapproval or disparagement.

Social Appropriateness

Propriety (noun): The state of being proper, appropriateness; (plural) standards of what is proper or socially acceptable.

Easily Recognized

Overt (adjective): Open, not...

The United Nations: Founding and Structure

The United Nations (UN) was founded in 1945 in San Francisco. Initially, 50 countries signed the Charter, with Poland becoming the 51st original member state shortly thereafter. Today, the UN comprises 193 member states.

Core Purposes of the UN

• Maintain international peace and security.
• Develop friendly relations among nations.
• Cooperate in solving international problems and in promoting respect for human rights.
• Harmonizing the actions of nations.

The UN Charter

The UN Charter is structured into 111 articles and 19 chapters.

Membership Criteria

Membership is open to peace-loving States that accept the obligations contained in the UN Charter. New members are admitted by the General Assembly upon recommendation...

Contributory Negligence: The Partial Defence

• Statutory Basis: Section 1(1) of the Law Reform (Contributory Negligence) Act 1945.

A finding of contributory negligence cannot be established unless the defendant (D) is first proven to be negligent.

Defining Contributory Negligence

Contributory negligence occurs where the harm suffered is partly the fault of D and partly the fault of the claimant (C). Consequently, any award of damages to C may be reduced by reason of C's contributory negligence, though the reduction cannot be 100%.

Case Example: Jones v Livox Quarries [1952]

The claimant disregarded his employer's safety instructions by riding on the back of a haulage vehicle. Another employee negligently crashed into the back of the vehicle, causing...

Breach of Duty of Care

General Standard of Care

Reasonable Standard of Care

Likelihood of Harm

17th Century: Time Drafts and Promissory Notes

C. Instruments were developed

• The Time Draft

  The time draft was the first development. This type allowed a stated period of time before payment was due. A seller of goods could draw such a draft on the buyer, who would then sign it. By signing the draft, the buyer engaged to pay it when it became due. If the seller did not want to finance the sale by holding the draft until the due date, the seller could transfer it to a lender for less than its face value. The lender could then be paid the face amount of the draft by presenting it to the buyer for payment on the maturity date. The time draft served both as a credit instrument and to transmit funds.

• The Promissory Note

  The promissory note appeared secondly