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Matrimonial Principles and Judiciary in Nigeria
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Matrimonial Principles and Judiciary in Nigeria

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Questions and Answers

What is the primary focus of criminal law?

  • Resolving disputes between private parties
  • Providing remedies for contract violations
  • Examining family matters
  • Protecting society and punishing crime (correct)

    • Who typically bears the burden of proof in civil law cases?

  • The plaintiff (correct)
  • The prosecution
  • The accused
  • The judge

    • Which of the following legal consequences is associated with criminal law?

  • Monetary damages
  • Community service (correct)
  • Injunctions
  • Specific performance

    • What is meant by the standard of proof being 'beyond a reasonable doubt' in criminal law?

    <p>It means evidence must leave no reasonable doubt</p> Signup and view all the answers

    What type of offenses does criminal law deal with?

    <p>Acts harmful to public welfare</p> Signup and view all the answers

    In a civil law case, who is typically referred to as the defendant?

    <p>The individual or entity being sued</p> Signup and view all the answers

    What is the aim of resolutions in civil law?

    <p>To provide financial compensation or remedies</p> Signup and view all the answers

    What distinguishes civil law from criminal law in terms of parties involved?

    <p>Civil law involves private parties in disputes</p> Signup and view all the answers

    What is one of the main responsibilities of the judiciary?

    <p>Interpreting the law</p> Signup and view all the answers

    Which of the following reflects the classification of courts in the Nigerian judicial system?

    <p>Supreme Court, Court of Appeal, High Court</p> Signup and view all the answers

    Which factor is NOT mentioned as a fundamental issue regarding judicial independence?

    <p>Political affiliation</p> Signup and view all the answers

    What is considered the apex court in the Nigerian legal system?

    <p>Supreme Court of Nigeria</p> Signup and view all the answers

    How are financial allowances for judicial officers in Nigeria typically provided?

    <p>By the executive arm of government</p> Signup and view all the answers

    What type of courts are considered inferior courts in Nigeria?

    <p>Both B and C</p> Signup and view all the answers

    Which statement best represents the state of judicial independence in Nigeria?

    <p>Judicial independence is moderately independent with some government connections.</p> Signup and view all the answers

    What indicates the hierarchical structure of the Nigerian court system?

    <p>Some courts are at the top while others are at the bottom.</p> Signup and view all the answers

    What does the audi alterem partem rule emphasize in judicial proceedings?

    <p>The necessity for every party to present their case</p> Signup and view all the answers

    What is the principle of nemo judex in causa sua based on?

    <p>No person should preside over a case in which they have an interest</p> Signup and view all the answers

    In criminal proceedings, what is the burden of proof on the accuser?

    <p>To show evidence of guilt beyond a shadow of a doubt</p> Signup and view all the answers

    Which constitutional document guarantees Fundamental Human Rights in Nigeria?

    <p>The 1999 Constitution</p> Signup and view all the answers

    What typically characterizes the trial process in both civil and criminal contexts?

    <p>It is often contentious, with sides fiercely defending their cases</p> Signup and view all the answers

    What was the outcome of Yesufu Garba's case against the University of Maiduguri due to the chair's interest?

    <p>The court nullified the decision due to bias</p> Signup and view all the answers

    What must happen for a judge to rule on a case they are involved in?

    <p>They must recuse themselves</p> Signup and view all the answers

    What issue arises from the multiplicity of laws in Nigeria?

    <p>Confusion and potential conflicts in legal interpretations</p> Signup and view all the answers

    Which of the following refers to the portion of English Law that has been retained in Nigerian Law?

    <p>Received English Law</p> Signup and view all the answers

    What is the significance of Ordinance No. 3 of 1863 in the context of Nigerian Law?

    <p>It allowed for the incorporation of English Law into Nigerian Law.</p> Signup and view all the answers

    Which components are included in Received English Law as applicable in Nigeria?

    <p>Common Law and Doctrines of Equity</p> Signup and view all the answers

    Which criteria determines the applicability of English statutes in Nigeria?

    <p>Statutes must have been made before January 1, 1900.</p> Signup and view all the answers

    What is a primary difference in the application of English law in Nigeria before and after 1960?

    <p>Post-1960 English law is applied through reception, not extension.</p> Signup and view all the answers

    Which of the following acts is an example of an English statute currently applied in Nigeria?

    <p>Sales of Goods Act</p> Signup and view all the answers

    Which of the following is NOT a local statute that retained aspects of English Law in Nigeria?

    <p>Nigerian Commercial Law Act</p> Signup and view all the answers

    Which type of English law is applicable without reservations in Nigeria?

    <p>Common Law</p> Signup and view all the answers

    What distinguishes ethnic customary law from other types of customary law?

    <p>It reflects indigenous customs and practices.</p> Signup and view all the answers

    Which of the following is a characteristic of Islamic customary law?

    <p>It is considered universal and applicable to all areas governed by Islamic religion.</p> Signup and view all the answers

    What must happen for customary law to be applied in Nigeria under statutory provisions?

    <p>It must be proven before a court of law.</p> Signup and view all the answers

    What is the main purpose of the validity test for customary law in Nigeria?

    <p>To determine the legitimacy and effectiveness of customary law.</p> Signup and view all the answers

    Which legal instruments are included in Nigerian legislation?

    <p>Ordinances, Acts, Decrees, Edicts, and Laws.</p> Signup and view all the answers

    What denotes the nature of Islamic law compared to ethnic customary law?

    <p>Islamic law is unchanging while ethnic customary law is adaptable.</p> Signup and view all the answers

    Under which condition can customary law be applied without formal requirements in Nigeria?

    <p>When it is judicially noticed.</p> Signup and view all the answers

    Which statement best reflects the nature of Nigerian legislation?

    <p>It encompasses statutes and delegated legislation.</p> Signup and view all the answers

    Study Notes

    Matrimonial Principles

    • Matrimonial principles for statutory marriages in Nigeria are influenced by English Law, similar to contract and commercial law.

    Independence of the Judiciary

    • Since 1960, the Nigerian judiciary is recognized as separate and independent from other government branches.
    • The judiciary's primary role is to interpret the law.
    • Key aspects of judicial independence:
      • Security of Tenure: Judicial officers should have stable and secure positions.
      • Administrative Independence: Judicial officers nominated by the government impact independence.
      • Financial Security: Judicial officers' salaries are funded by the executive.
    • Overall, the judiciary has considerable independence but is not completely free from government influence.

    Hierarchical Court System

    • Nigeria has a structured court system arranged hierarchically in a pyramid formation.
    • The Supreme Court of Nigeria is the apex court and final court of resort.
    • The Court of Appeal handles appeals from middle courts, including:
      • High Court (federal and state)
      • Sharia Court of Appeal
      • Customary Court of Appeal
    • Inferior courts include:
      • Magistrate Courts
      • District Courts
      • Area Courts
      • Sharia Courts
      • Customary Courts
    • Audi Alteram Partem Rule: Every individual must be given the chance to be heard before a decision is made.
    • Nemo Judex in Causa Sua: No one should preside over a case where they have a personal interest to avoid bias.

    Contentious Trial Process

    • Trials in both civil and criminal contexts are adversarial and contentious.
    • Lawyers represent parties, and the judge evaluates arguments based on established facts.
    • In criminal cases, the accused is presumed innocent until proven guilty, with the burden of proof on the accuser.

    Protection of Fundamental Human Rights

    • Fundamental Human Rights are enshrined in the Nigerian Constitution since 1960, particularly in Chapter IV (Sections 33 to 44 of the 1999 Constitution).

    Multiplicity of Laws

    • Nigeria operates under multiple legal systems, including both criminal and civil law.

    Differences Between Criminal Law and Civil Law

    • Purpose: Criminal law maintains public order; civil law resolves disputes.
    • Parties Involved: Criminal law involves the state vs. the accused; civil law involves private parties.
    • Burden of Proof: In criminal law, the prosecution must prove guilt beyond reasonable doubt; in civil law, the plaintiff must prove the case by a preponderance of evidence.
    • Nature of Offenses: Criminal law addresses societal offenses; civil law addresses individual disputes.
    • Legal Consequences: Criminal convictions may lead to imprisonment or fines; civil law generally results in remedies or compensation.
    • Standard of Proof: Criminal law requires proof beyond reasonable doubt; civil law requires a balance of probabilities.

    Received English Law

    • English law influences Nigerian law, specifically:
      • Common Law
      • Doctrines of Equity
      • Statutes of General Application as of January 1, 1900
    • Only statutes enacted before this date are considered applicable in Nigeria.

    Customary Law

    • Ethnic Customary Law: Reflects indigenous customs, typically unwritten and flexible.
    • Islamic Customary Law: Based on religious texts with strict, written sources.
    • Both categories of customary law are recognized under statutory provisions but are subject to validity tests for legal application.

    Nigerian Legislation

    • Legislation is the formal process of enacting laws by authorized bodies in Nigeria.
    • It includes various legal instruments:
      • Ordinances
      • Acts
      • Decrees
      • Edicts
      • Laws
    • Delegated legislation encompasses subordinate laws created by authority under existing statutes.

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    Onimisi's_Care,_Volume_2.1[1].pdf

    Description

    This quiz explores the key concepts associated with matrimonial principles and the independence of the judiciary in Nigeria. It highlights the relationship between Nigerian law and English law, along with the structural organization of the court system. Test your knowledge on the roles and functions of various courts and the principles of judicial independence in Nigeria.

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