To the average Nigerian on the street, the Constitution is the law. Whatsoever is in the Constitution is the law of the land that everybody must obey. If you are just starting out as a law student, your opinion would most likely be more informed than the ordinary man on the streets. You might think that the law is just statutes enacted by the legislature.
Both positions are correct but Continue reading “Primary Sources of Nigerian Law: Everything you need to Know”
What is Legislation?
Legislation can simply be understood as the law enacted by a body empowered to do so. It is the source of law that most people are familiar with. It can be rightly regarded as the main source of law. In present day Nigeria, Continue reading “PRIMARY SOURCES OF NIGERIAN LAW: LEGISLATION”
The Reception of English Law
Nigeria, as we all know, was colonized by Britain. Hence, it is trite that some elements of British law will have a major influence on our legal system. The English law is made up of Continue reading “PRIMARY SOURCES OF LAW: RECEIVED ENGLISH LAW”
What are the Sources of Nigerian Law?
The law is an abstract term. In order to know what comprises the law, you have to derive it from various places. These places from which the law is derived are aptly described as the sources of law. Sources of law can be defined Continue reading “SOURCES OF NIGERIAN LAW”
The hierarchy of courts is the arrangement of courts in the method through which appeal flows. If the judgement at the lower court is not satisfying, an appeal can be made to the higher court in order to get redress and justice. I would highlight the courts starting from the lowest.
Continue reading “HIERACHY OF COURTS”
LEGAL REASONING IN JUDICIAL PROCESS
As man carries out his day to day interactions with his fellow man, there is likely to be strife and disagreement amongst them. This necessitates the need for a process of resolving these disputes. This is where the judiciary comes into play. The judiciary is the body of judges in a jurisdiction that administers justice according to the laws of the land. As law students, some of which are likely to end up being judges, it is pertinent that we study the way legal reasoning in the judicial process occurs. Continue reading “LEGAL REASONING IN JUDICIAL PROCESS”
WHAT IS LEGAL REASONING
The main purpose of studying legal method is to equip the law student with the right tools to enable him to think like a lawyer. This is what would be addressed by discussing legal reasoning. To understand it better, it would be best if the meaning of legal reasoning is expatiated upon. Continue reading “LEGAL REASONING AND APPROACH TO PROBLEMS”
Before a society can be said to be sane, there have to be means by which that society regulates the conducts of its members. If everyone in a society is left to do as he wills, there might end up being no society. This is due to the fact that the absence of regulation would breed anarchy, making life “nasty, brutish and short”. It is due to this that every society has means by which it regulates the conduct of its members. This regulation of conduct is known as social control. Continue reading “METHODS OF SOCIAL CONTROL THROUGH LAW”
There are different meanings of the word law. Perhaps this is best conveyed by the view of Baron De Montesquieu in his book, Spirit of the Law, where he wrote:
“Laws in the wider possible connotations are any necessary relation arising from a thing in nature. In this sense, all beings have their laws; the Deity his laws, the material world it laws, the intelligence superior to man its laws, the beasts their laws, man his law…” Continue reading “Types and Classifications of Law”
LAW AND MORALITY
As previously stated, any means of social control which is not backed by law can at best be said to be a moral rule. However, there is a two way relationship between the law and morality. Most laws evolve from moral principles over time, making morality a very important influence on the laws of a particular society. Continue reading “LAW AND MORALITY”