Research Papers/Topics in Civil Law

Constitutional Interpretation of Statutes in the Republic of South Africa

The interpretation of statutes or to be more precise, the judicial understanding of the legal rules, deals with those rules and principles which are employed to construct the correct meaning of the legislative text to be applied in legal disputes. In laymen terms, interpretation is about making sense of the total relevant legislative scheme applicable to the situation at hand. Thus, this report will focus on the how the law should be interpreted under our new constitu...

Law Of Evidence In Nigeria Summarized Note

LAW OF EVIDENCE IN NIGERIA CONTENTS   INTRODUCTIONCLASSIFICATION OF EVIDENCE. OTHER RELEVANT PRELIMINARIES (FACT, FACT IN ISSUE, QUESTION OF FACT, QUESTION OF LAW, OPINION, CONTRADICTION, EVALUATION OF EVIDENCE ETC) SOURCES OF NIGERIAN LAW OF EVIDENCE. ILLEGALLY OBTAINED EVIDENCE RELEVANCY AND ADMISSIBILITY. RES GESTAE AND SECTION 4 OF THE EVIDENCE ACT 2011 SECTION 5-11 OF THE EVIDENCE ACT EXAMINED. SIMILAR FACTS EVIDENCE PROOF OF CUSTOM AND JU...

Law of Equity and Trusts

LAW OF EQUITY AND TRUSTS PART I AND II TABLE OF CONTENTS LAW OF EQUITY PART 1 DEFINITION OF EQUITY. NATURE, ORIGIN AND RECEPTION OF EQUITY. THE MAXIMS AND PRINCIPLES OF EQUITY NATURE OF EQUITABLE INTEREST AND THE DOCTRINE OF NOTICE. 9 EQUITABLE INTEREST AND LEGAL ESTATES THE DOCTRINE OF NOTICE. PRIORITY. PARTICULAR EQUITABLE INTERESTS. ASSIGNMENT OF CHOSES IN ACTION. DISTINCTION BETWEEN NOVATION AND ASSIGNMENT. THE DOCTRINE OF CONVERSION TH...

Land Law In Nigeria

LAND LAW NIGERIA I AND II CONTENTS A CURSORY INTRODUCTION THROUGH THE CONCEPT OF PROPERTY. SOURCES OF THE LAW OF REAL PROPERTY IN NIGERIA. DEFINITION OF LAND LAND AS THE EARTH’S SURFACE LAND AS CONSISTING OF SUBJACENT THINGS OF A PHYSICAL NATURE LAND AS EVERYTHING ATTACHED TO THE EARTH’S SURFACE (QUIC QUID PLANTATUR). LAND AS CONSISTING OF INCORPOREAL HEREDITAMENT BRIEF HISTORY OF THE NIGERIAN LAND TENURE SYSTEM. LAND RIGHTS THE RIGHT OF PRESCRIP...

Jurisprudence And Legal Theory In Nigeria Summarized

CONTENTS JURISPRUDENCE AND LEGAL THEORY PART I AND II TOPIC 1: THE NATURE AND MEANING OF JURISPRUDENCE TOPIC 1.1: DISTINCTION BETWEEN JURISPRUDENCE AND LEGAL THEORY: TOPIC 1.2: JURISPRUDENCE: THE PHILOSOPHY OF LAW OR THE SCIENCE OF LAW TOPIC 1.2.1: UNDERSTANDING PHILOSOPHY AND ITS INFLUENCE ON JURISPRUDENCE: 1.2.2 UNDERSTANDING SCIENCE AND ITS INFLUENCE ON THE LAW: 1.3 CONCEPTIONS OF LAW AND SCHOOLS OF JURISPRUDENCE. TOPIC 1.4 DEFINITIONS OF LAW. TOPIC 2: L...

Family Law In Nigeria Summarized Note

FAMILY LAW PART I AND II TABLE OF CONTENTS. Contents FAMILY LAW... 3 INTRODUCTION. 3 SYSTEMS OF MARRIAGE IN NIGERIA. 3 SANCTITY OF MARRIAGE. 5 CONTRACTS TO MARRY. 5 BREACH OF A CONTRACT TO MARRY. 6 THE MARRIAGE. 8 Other misconceived types of marriages: 14 Proof of marriage. 14 The proposed reformation of the marriage act provided that; 15 BRIDE PRICE: 15 SITUATION OF CELEBRATING CUSTOMARY AND STATUTORY MARRIAGE. 16 LEGAL EFFECTS OF A MARRIAGE. 16 MATRIMO...

Conflict Of Laws Nigeria

CONFLICT OF LAWS I AND IITABLE OF CONTENTS:INTRODUCTION:SOURCES OF NIGERIAN RULES OF CONFLICT OF LAWS. DIMENSIONS OF THE SUBJECT (CONFLICT OF LAWS) IN NIGERIA. WHAT IS THE RIGHT NAME FOR THIS COURSE? WHAT EXACTLY IS THE NATURE/AIM OF THIS COURSE? QUESTION OF CHOICE OF LAW. PROBLEMS ASSOCIATED WITH DETERMINING APPLICABLE LAW. (REN VOI, INCIDENTAL QUESTION, TIME FACTOR, EXPLAINED. TORT IN THE CONFLICT OF LAWS. LIMIT TO THE APPLICATION OF FOREIGN LAWS. NON-CHOIC...

Property Law Practice Note (2017) Nigerian Law School

GENERAL OVERVIEW AND APPLICABLE LAWS.WEEK 3 -- GENERAL OVERVIEW AND LEGAL FRAMEWORK:: OVERVIEW (OBJECTIVES, CONTENT AND SCOPE) OF THE PROPERTYLAW PRACTICE (MODULE) COURSE: Covers transactions and endeavours bearingon real property1 like deeds, power of attorney, Sale of Land, Leases and Tenancies,Assignment of Leases, Mortgages and charges, License, Easement, LRL, Wills andCodicils, PR, Property Taxation, etc.:: VARIOUS PROPERTY TRANSACTIONS:Sale of Land, Leases and Tenancies, Assignment, Mor...

Nigerian Law School (2017) Civil Litigation Summarized Note

NOTE:All you need is to understand the principles, then back it up with one or two popular case(s).CIVIL LITIGATIONContentsWEEK 3 .................................................................................................................................................... 2WEEK 4 .................................................................................................................................................... 3WEEK 5 PRELIMINARY MATTERS (1) ................................

Marriage and Succession Rights in Nigeria

It is important for parties to ensure that they are in or about to contract a valid marriage under the law, be it a customary marriage or a statutory marriage, this is because, cohabitation no matter how long, is not and does not translate into a marriage under customary law or a marriage under statutory law, neither does it confer marriage rights and responsibilities on the parties of such cohabitation. It is also equally important that not only should parties ensure that they are cont...

The Challenges of The Doctrine of Separation of Powers Under The 1999 Nigerian Constitution

ABSTRACTThe Constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separation of powers a fundamental principle of state governance. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: Section 4 deals with the Legislative powers; Section 5 deals with the Executive powers, while Section 6 is concerned with Judicial powers. This kind of separation of powers is known as the horizontal separ...

LEGALITY OF THE RESTRICTION OF MOVEMENT ORDER BY MR PRESIDENT By Mba Chiemela F

The Corona Virus has presented us with leaders making policies in order to curb the easy spread of the virus. One of these policies is the lock down by Nigerian Government, has this gone against our right to freedom of movement? Or is the lock down still within the ambit of law? 

SOCIAL MEDIA BETWEEN REGULATION AND FUNDAMENTAL HUMAN RIGHTS

n recent times the digital space has evolved from the common use of the Internet as a messaging and search tool into a medium of continuous social interaction. Social media interaction gave birth to the use of unconventional media and unprecedented rise in the Application such as Facebook, twitter, WhatsApp, yahoo messenger, LinkedIn to mention a few, have all emphasized the credence that social media has come to stay.Social media apps have aided globalization hence; promote continuous intera...

THE SCOURGE OF RAPE, A GLOBAL CONCERN

History has found the subject of a rape to be a recurrent phenomenon in all parts of the world, Nigeria inclusive. Often times it has come to stay a fact that women are perceived as weaker sex thus subjected to all sorts of unbelievable vices especially in Africa and Asia. This is informed by varying cultures which has brought about inequality and subjugation of the female folk. This subject has assumed a disturbing dimension that has become a global concern. The subjugation of women i...


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