Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

 

CLASSIFICATION OF LAW

Nnamdi Ebo 2 241x300 THE PHILOSOPHY OF JUDICIAL ACTIVISMLawyer Zone  | By Nnamdi Ebo.

Table of Classification of Law

Law can be categorized in  a number of ways although the various categories are not mutually exclusive
Common Law – Civil Law Systems
Common Law And Civil Law Common Law and Civil Law; distinct legal systems.The English legal system is a Common Law one as opposed to Continental systems that are based on Civil Law.Because the Roman codes were almost entirely limited to the private area, public law is usually not codified.
Courts In Civil Law Jurisdictions In civil-law countries, separate administrative courts adjudicate claims and disputes between the various branches of government and citizens, and many lawyers specialize in public law.In France, Germany, and Italy, still other courts handle constitutional issues.
The English Legal System
Civil Law – Criminal Law
Comparison The English legal system (Nigerian legal system inclusive) is characterized by two major categories of law, those of CIVIL (not the same as the Civil Law referred to above) and CRIMINAL law. Each has its own specific aims and outcomes.The first major comparison is in the DESCRIPTION of civil and criminal law.
Civil For example civil actions known as TORT and also CONTRACT.Broadly speaking one individual against another (Akilu v Fawehinmi).
Crime Essentially an anti – social act against the state.(R v St. George) R= Regina (Queen) Rex (King). The state against St. George.As a broad principle, Civil Law seeks to compensate; criminal law to punish.Both attempt to regulate behavior.
Civil Law Professor Winfield’s definition:”A breach of duty fixed by law, towards persons generally. Its breach redressable by an action for unliquidated damages”.”Unliquidated” – Not a pre-estimated amount.

Civil Law Duties

Civil law demands that we do not do certain things. E.G. Trespass or create a Nuisance or Defame someone’s character.The result is DAMAGES. Note the recent trend for the courts to compensate for intangible losses, e.g. “disappointment” if a holiday were to fail: Obasa v Saruwa
Interaction –v- Enforcement Civil Law and Criminal Law distinguish between law whose purpose it is to facilitate the interaction of individuals and law that is aimed at enforcing particular standards of behavior.

Civil Law Situations

Sometimes clear-cut. You’ve been caught on someone’s land to which you must have trespassed. There will be fewer obstacles in the way of obtaining a remedy. (In crime the mental element vital to guilt – can be difficult to prove).This is not to say Civil Law is simpler than Criminal Law – both have their complexities. 
Common Law – Equity
Common Law and Equity Common Law and Equity distinguish the two historical sources and systems of English Law.Common Law emerged in the process of establishing a single legal system throughout the UK.Equity was developed later to soften the formal rigor of the Common Law.The two systems are now united but in the final analysis Equity should prevail.
Sources Common Law and Statute relate to the source of law.Common Law is judge made.Statute Law is produced by Parliament.
Private Law and Public Law relate to whom the law is addressed.Private Law relates to the individual citizen whereasPublic Law relates to institutions of government.
Private Law & Public Law
Private Law
Relationships Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. The area is concerned with rules and principles pertaining to private ownership and use of property, contracts between individuals, family relationships, and redress by way of compensation for harm inflicted on one person by another.
Private arrangements Historically, government involvement was usually minimal.Private law has also operated to provide general guidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in a court of law, such as non-contractual promises and agreements within an association of private individuals. 
Public Law
Includes Is a term used to describe law concerned with the state law enforcement;It includes criminal law, local government law and town panning Law. The two latter subjects are specialised aspects of administrative .law.

Contrast public law with private law, e.g. contract.

 

Government & Individuals Public law concerns the relationships within government and those between governments and individuals.
Taxation Laws concerning taxation and the regulation of business are in the public area, as is criminal law.
Criminal Law Criminal law not only promotes security and order but also reinforces moral norms.Debate has been continuous regarding the legitimacy of government intervention in areas where moral attitudes are in significant conflict, such as in matters of sexual practices, pornography, birth control, and euthanasia.
No constitution & 

 

Constitution

The UK has no written constitution. Basic principles are found in acts of Parliament, judicial opinions, and tradition.Nigeria has a written constitution. Basic principles are found in the constitution. Judicial opinions are delivered by the relevant courts.
Control of resources Public law dominates in government-controlled societies; democratic societies increasingly have a mix of public and private law. The private sphere includes individuals and a vast array of groups, associations, organizations, and special legal entities such as corporations.They compete with one another and with government for control of resources, wealth, power, and the communication of ideas and values.Much of such law is in the commercial and corporate areas. The formerly purely private law of property and contracts, for example, is now overlaid with legislation, regulations, and judicial decisions reflecting the competition.

 

Administrative Law
Is a comparatively recent occurrence.
Local Government and Administrative Agencies Numerous local and government administrative agencies now make rules that reach into all manner of activities, including Licensing, Regulation of trades and professions, Protection of health, Promotion of welfare, Planning controls, Regulatory controls etc. 

Their powers emanate from legislation, and their rules are reviewable by the courts.

 

Judicial Review A courts power to review the actions of other branches or levels of government; esp., the courts’ power to invalidate legislative and executive actions as being unconstitutional. Also a court’s review of lower court’s or an administrative body’s factual or legal findings.
International Law
Background The legal process that concerns relations among nations is called international law. Belief and experience in some form of international law dates from at least the days of the Roman Empire.Such law differs greatly from national legal systems. No court has the authority or power to give judgments backed by coercive sanctions. 
Based on Custom, Treaties andConventions Even in its most modern developments, international law is almost wholly based on custom.The precedents on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions.Behind many of its rules is only a moral sanction: the public opinion of the civilized world.

 

When treaties or conventions are involved, however, machinery to enforce them exists -either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court.

 

Definitions A discernible body of rules and principles is observed or at least acknowledged in international relations.These rules concern such matters as territorial titles and boundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space. 
The major sources of international law on these matters are multilateral treaties, international custom, and such general principles as are recognized by civilized nations.
United Nations The United Nations is one of the primary mechanisms that articulate and create international law.The General Assembly and other agencies of the UN bring a combination of diplomacy, negotiation, and propaganda to bear on World affairs in ways that produce effective international treaties and affect world opinion. 

Certain courts also have indirect impact, including the International Court of Justice. Domestic courts in various nations at times also engage in the articulation of international law.

 

_________________________________________________________________________________________

Legal Method . Book Cover 202x300 THE PHILOSOPHY OF JUDICIAL ACTIVISMCulled from: Legal Method  | Author: Nnamdi Ebo  |  Published by LawLords Publications  |  ISBN: 978-978-49827-9-6  | 1st Edition 2012
Buy the book, Legal Method  |  Click  Bookshop
Nnamdi Ebo | [email protected]  |  © 2015 Nnamdi Ebo . All Rights Reserved

 

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