Legal basics.docx

1\. Common law is a legal system based on court decisions rather than written statutes. It\'s also sometimes called case law or judge-made law\ 2. stare decisis, a Latin term that means \"to stand by things decided.\" This means that courts are expected to follow the reasoning of earlier court decis...

1\. Common law is a legal system based on court decisions rather than written statutes. It\'s also sometimes called case law or judge-made law\ 2. stare decisis, a Latin term that means \"to stand by things decided.\" This means that courts are expected to follow the reasoning of earlier court decisions in similar cases. Over time, these decisions build up a body of law that applies to future cases.\ 3. Classification of law\ Private law and public law.\ \ Civil law and criminal law.\ \ Civil law and common law.\ \ Municipal law and international law.\ \ Substantive law and adjectival law.\ \ Customary law and non-customary law.\ \ 4. Substantive law: refers to the rules of law and legal principles that define the extent of legal rights and obligations in different areas of law. Questions as to the validity of a contract, the elements of an offence in criminal law, etc., all have to do with substantive law. It includes constitutional law, administrative law, law of contract, criminal law, law of tort, etc\ 5. Distinguishing a case is a legal term used when a court decides a precedent case (a previously decided case) shouldn\'t apply to the current case because the facts are significantly different. In simpler terms, it\'s a way of saying \"This situation is different enough from that one that the old ruling doesn\'t necessarily apply here.\"\ 6. Ratio decidendi: Ratio decidendi is a Latin phrase meaning \"the reason for the decision\" or \"the rationale for the decision.\" It refers to the **legal principle** a court establishes in a case. This is essentially the core legal reasoning behind the court\'s judgement.\ 7. Obiter dicta are comments or observations made by a judge in a case that are not essential to the decision. They may be interesting or insightful but don\'t hold the same legal weight as the ratio decidendi\ 8. Judicial precedent refers to the practice of courts relying on the decisions of previous cases when deciding new cases with similar facts and legal issues.\ 9. per incuriam are decisions which are reached by courts without consideration of a statute or a case law which would have influenced its decision otherwise.\ 10. Statutes of general application: This form of received English laws refers to statutes of general application which were in force in England on the 1st January, 1900. They were to be applied by the courts.\ 11. Maxims\ audi altarem patem: let the other side be heard as well\ *Actus non facit reum nisi mens sit rea.* An act does not make a man guilty, unless there be guilty intention.\ *Volenti non fit injuria.* No injury can be done to a willing person\ *Ubi jus ibi remedium.* There is no wrong without a remedy or where there is a legal right there is a remedy.\ *Pacta sund servanda* Agreements must be followed.\ The parties to an agreement must do their best to fulfill their obligations under it.\ *Caveat emptor.* Let the purchaser beware. the person who buys something must take responsibility for the quality of goods that he or she is buying.\ *Per incuriam.* Through lack of care. The rule of** per incuriam** can be applied where a ***court omits to consider a binding precedent*** of the same court or the superior court rendered ***on the same issue*** ***or*** where a court omits to consider ***any statute while deciding that issue.***\ *Prima facie* On the face of it. A matter that appears to be sufficiently based in the evidence as to be considered true.\ *Quicquid plantatur solo, solo cedit* Whatever is affixed to the soil belongs to the soil.\ Ignorantia judicis est calamitas innocentis. The ignorance of the judge is the misfortune of the innocent.\ Juria novit curia. The court knows the law\ Affirmati Non Neganti Incumbit Probatio\" is a Latin maxim that means "the burden of proof is upon him who affirms - not on him who denies.\"\ \ \ \ 12. Hierarchy of courts\ 1. Supreme court: 15 yrs post call. chief judge is appointed by president on recommendation of NJC subject to senate confirmation. Consists of CJ nd such no. Of judges not exceeding 21. Atleast 5 sit during ordinary business nd atleast 7 when hearing appeals as of right nd on it\'s original juris. Original juris on matters btwn states nd btwn states nd fed govt involving any question on which the existence or extent of a right depends, btwn NA nd SA nd btwn NA nd president.\ 2. Court of appeal: 12 yrs post call. president is appointed same as above nd such number of justices not less than 49 with atleast 3 experts in islamic law nd 3 in customary law. There r 10 divisions. Duly constituted with atleast 3 judges. It has exclusive juris to hear appeals from fed hc, hc of state, hc of fct, sharia court of fct, customary court of appeal of fct nd court martials nd other tribunals. original jurisdiction in respect of Election petitions arising from election to the office of President or Vice President, their term of office and vacancy of the office\ 3. Fed hc: 10 yrs post call. consists of chief judge nd such no. Of justices as prescribed by an act of NA. CJ is appointed as above\ 4. HC of state nd FCT: 10 yrs post call. CJ appointed by Governor on recommendation of NJC subject to state assembly confirm\ \ **Why are magistrate courts called courts of Summary jurisdiction:** it reflects the power of magistrate courts to handle cases promptly and decisively, without the complexities of a full-scale trial.\ \ \ **moving a motion in terms**\ I most humbly move in terms of the prayers as contained on the face of the motion paper and urge this Honourable court to grant this application"