In a legal sense, common laws are laws developed from the common law judicial system of King`s Bench, the Court of Common Pleas and the Exchequer Court. Common law arose after the Norman Conquest of 1066 AD. The many theories above have been explained and it can be said that all schools are correct by themselves. Indeed, the legal definitions given are influenced by the subjective experiences of each lawyer. A good example is Carl von Savigny, who supported the historical school because he was an aristocrat and therefore has an interest in maintaining the status quo. Not all aspects of the judgment are relevant to determining the principle decided in a case. It is the ratio decidendi (motivation for the decision) that is relevant in determining the precedent. This is the legal principle underlying the decision, without which the General Court would not have taken its decision. « Different legal systems use different formulary styles to solve the problem. » If the majority judgments are identical and based on the same legal principle, the principle is the ratio decidendi of the case. A. Obilade suggests in his book The Nigerian Legal System that a bill that is not supported by the majority and rejected by the majority should not be considered a ratio decidendi of the case.

a.) Writing Test: The Writer Must Choose His Words Carefully, Read What He Has Written, Revise and Rearrange This legal theory is defended by respected American lawyer Oliver Wendell Homes Jr. In his view, the law is what the courts say. He says that the law should be considered from the point of view of the evil man. According to him, the villain does not give two sayings about legal theories, all he cares about is what the court would decide in his situation. This school is of American origin and is subscribed by Oliver Wendell Holmes, Justice Jerome Frank, John Chipman Gray and Karl Llewellyn. This school postulates that the law is not only what is written in books and decisions. They believe that judges and juries are influenced by external factors in their decisions. For example, if a judge who has been a victim of rape or who is close to a victim brings an accused rapist to justice, it is very likely that he will not want him to escape unscathed on the basis of his previous experience.

Even a judge presiding over the trial of a former colleague or contemporary would be lenient towards the trial of an unrelated accused. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. This problem can be solved by reducing the complexity of the language or by introducing an interpretative clause. p.318 of the 1999 CFRN (as amended) contains interpretations of certain key words and phrases and defines their context as used in the Constitution. There is also interpretive legislation that can be used if a particular law does not contain its own definitions. This technique seems to be closely related to the private arrangement method. It deals with the formation of legal entities, which is its main feature. It includes all laws relating to the registration of companies and organizations. Article 37 of the Companies and Related Matters Act stipulates that when a company is incorporated, it becomes a legal person.

Pound`s approach to applying legal rules to social affairs was somewhat sterile. It considers that the legal rules strike a balance and a balance between conflicting interests. It simply means that the law serves the interests of those who contribute to the well-being of society as a whole. It recognizes the task of the lawyer as that of a social engineer who formulates a program of action, tries to align individual and social needs with the valves of Western democratic society. Furthermore, the idea of an uncommanded commander who has no legal restrictions would not be applicable in today`s world. Even though it is a military regime, the army is still bound by the provisions of the laws it enacts. For example, in Ojukwu v. As Governor of Lagos State, the military governor`s action of evicting the defendant from his property without due process was declared ultra vires and null and void by the court. The principle of legal personality was introduced in Salomon V Salomon (1897) AC 22, where Salomon, who had been an individual trader for many years, founded Salomon and Co Ltd and sold his leather manufacturing business to that company.

Les commentaires sont fermés.