INTRODUCTION

This module introduces students to the practice of law. It explains the various processes involved in the practice of different fields of law.  It focuses on the practical procedures in the courts of law starting from commencement of an action to the end of the suit. It highlights the different methods of commencement of actions used in different fields. It looks at the relevant court documents used and the suitable courts in which they are filed. It further explains how commercial transactions are conducted by corporates and individuals at large. The module further explains the aspect of matrimonial disputes and resolve as is provided by law. Focus is also placed on equipping learners with knowledge on how to deal with assets and liabilities of a person who has died. Emphasis is to be had on how an aspiring practitioner is expected to behave and conduct him/herself at the bar. As practitioners deal with clients’ accounts it is imperative that learners are equipped with the basic working knowledge and the practical aspect of book keeping and accounts.

OBJECTIVES

The objectives of the module are:

• To explain expected ethics of a legal practitioner
• To explain how matters are adjudicated upon from commencement to the end
• To explain the processes used in dealing with criminal offenders
• To explain what evidence is and how it is used in the Courts of Law
• To explain the procedure of conveying interest in property from one person to the other
• To explain how the assets and liabilities of a deceased person are dealt with
• To explain the procedure of incorporating a company, post incorporation procedures and how a company   gets wound up
• To explain how different commercial transactions are conducted
• To explain matrimonial matters, how they are resolved and processes applied
• To highlight the basic working knowledge of accounting and bookkeeping

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know and apply the ethics of a legal practitioner
• Know and apply the procedure of litigation in the relevant courts of law
• Know and apply the procedure of handling criminal matters 
• Know and apply how evidence is used in the courts of Law
• Know and apply conveyancing procedures and the documents involved
• Know and explain how assets and liabilities of a deceased person are dealt with
• Know and explain the different commercial transactions and the laws applicable
• Know and apply the procedure for company formation, management and winding up.
• Know and explain matrimonial matters, how they are resolved and processes applied
• Know and apply the basic principles of book keeping and accounting

UNIT 1 – LAWYERS’ CONDUCT

UNIT 2 – PROCEDURE IN LOWER COURTS

UNIT 3 – PROCEDURE IN THE SUPERIOR COURTS

UNIT 4 – CRIMINAL PROCEDURE

UNIT 5 – EVIDENCE AND PRACTICE

UNIT 6 – PROPERTY TRANSFER & DRAFTING LEGAL DOCUMENTS

UNIT 7 – PROBATE AND SUCCESSION

UNIT 8 – COMMERCIAL TRANSACTIONS

UNIT 9 – DOMESTIC RELATIONS

UNIT 10 – BOOK KEEPING AND ACCOUNTING

 

RECOMMENDED READING

Frank Wood and Sheila Robinson, Book-keeping and Accounts. (7^th edn)

Gates Blankfein R. (2018). Gates on Understanding Company Law: A Conceptual and Functional Approach. Self-Publishing 

Company Law in Practice Manuals, Inns of Court. (8^th edn). City Law School.

King Reports on Corporate Governance

STATUTES

Legal Practitioners Act, Chapter 30 of the Laws of Zambia, Judicial Code of Conduct, Act No.13 of 1999 Subordinate Courts Act, Chapter 28 of the Laws of Zambia, The High Court Act, Chapter 27 of the Laws of Zambia

The Criminal Procedure Code, Chapter 88 of the Laws of Zambia, The Penal Code, Chapter 87 of the Laws of Zambia, The Evidence Act, Chapter 43 of the laws of Zambia, The Law Association of Zambia General Conditions of Sale 2018, The Companies Act No. 10 of 2017, The Corporate Insolvency Act No.9 of 2017

Wills Act Chapter 60 of the Laws of Zambia, the Intestate Act Chapter 59 of the Laws of Zambia

The Hire Purchase Act, Chapter 399 of the Laws of Zambia, The Partnership Act-1890, The Agricultural Credits Act-2010, The Movable Property (Security Interest) Act No. 3 of 2016, Sale of Goods Act-1893 Matrimonial Causes Act No.20 of 2007, Matrimonial Causes Rules of 1973, Adoption Act Chapter 54 of the Laws of Zambia, the GBV Act No.1 of 2011