Research Papers/Topics in Common Law
Criminal Law Nigeria
CONTENTntCRIMINAL LAW I. 2 THE DEFINITION OF CRIME. 2 HISTORY OF NIGERIAN CRIMINAL LAW. (BRIEF). 4 CULTURAL INCOMPATIBILITY OF THE NIGERIAN BELIEF AND THE CRIMINAL LAW INTRODUCED. (CONFLICTS). 6 CLASSIFICATION OF OFFENCES AND THE LEGAL SIGNIFICANCE OF THE CLASSIFICATION. 8 CRIMINALIZATION POLICY. 10 PRINCIPLES OF CRIMINALIZATION. 10 THE BASIS OF CRIMINAL RESPONSIBILITY. 12 ELEMENTS OF CRIMINAL RESPONSIBILITY. 14 TYPES OF CRIMINAL RESPONSIBILITY. 18 ATTEMPT. 22 CONSPI...
Editorial: Restructuring Nigeria, True Federalism or a Journey towards Confederacy?
This maiden editorial of the Carnelian Journal of Law and Politics examines a vital question that is essential to the Nigerian polity. There have been many commentaries on the imperfect federalism practiced in Nigeria, which is the consequence of the foundational problems with the Constitution of&n...
Elements of murder in Australian law
When considering murder there are several components of law which must be taken into account. This essay highlights elements of murder to be considered: mens rea (guilty mind), actus reus (guilty act), self-defence, provocation or involuntary manslaughter. The elements of murder must be addressed to ascertain if the act in question is actually murder. For a conviction to be safe, it is essential that the evidence provides an outcome that is beyond reasonable doubt; the burden of proof is upon...
Economic Justice and Judicial Structure: Realizing Economic Growth in Nigeria
Economic justice is the expression of the effective distribution of economic goods. This could be realized throughjudicial mechanisms. Effective judicial systems are the platform on which economic justice can be actualized. There is a positive connection between economic justice and an effective judicial system, and this is usually measured by the rule of law and the level of its regard. The paper argued that one of the established dysfunctional characteristics of developing nations is th...
AN EXAMINATION OF THE SCOPE AND LIMITS OF VICARIOUS LIABILITY UNDER THE NIGERIAN LAW
Vicarious liability is a common law rule incidental to colonialism in Nigeria which has since become an essential part of the Nigerian law. Vicarious liability is where a person without fault becomes liable for the tort of another because of some pre-existing relationship between them particularly, between a principal and his agent. Several justifications abound for the imposition of this rule. Vicarious liability is strict liability without fault on the part of an employer. By virtue o...
ADMINISTRATION OF CRIMINIAL JUSTICE ACT(1)
ABSTRACTAdministration of Criminal Justice Act, 2015 is an Act of National Assembly which is applicable to all criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja. That is, it is applicable in all Federal High Court Divisions, High Court of FCT, Abuja and Magistrates’ Courts within the FCT, Abuja. In the same vein, some states of the federation like Kogi State, Delta State and others have domestica...
LEGAL AND REGULATORY FRAMEWORK ON CASHLESS ECONOMY AND E-COMMERCE IN NIGERIA
ABSTRACTBeing a developing country, electronic commerce is a relatively new phenomenon in commercial transactions in Nigeria. This research work analysed the legal and regulatory framework on cashless economy and electronic commerce in Nigeria. Doctrinal research methodology was adopted in the course of the study. The major findings in the work is reflected on insufficient legal and regulatory framework for electronic signature, taxation of electronic commerce, online consumer protection amon...
SECTION 285 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
The paper is intended to interrogate section 285 of the Constitution of the Federal Republic of Nigeria (as amended) with a view to determining whether it is a statute of limitation.
WOMEN IN POLITICS (A REVIEW OF COMMON AND ISLAMIC LAW PROVISION)
ABSTRACTIssue of gender equality (men and women) are equal in all ranks, which also includes politics, which is aimed at women rather than men, these debates degenerate and disintegrate into discordant posturing, grandstanding, sweeping, generalizations and misrepresentation. I do not intend to throw my hat into the ring. I only wish to add my voiced to the discourse. Before women’s participation in politics remained a contentious but neglected area in dedicated academic discourse or f...
CRITICAL APPRAISAL ON OPINION EVIDENCE
ABSTRACTGenerally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved.Evidence of what the witness thinks, believes or infers in regard to facts in dispute, as distinguished...
Widowhood Practice in Nigeria
Discrimination against women is defined by Article 1 of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women 1979 (referred to as the 1979 Convention) as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in t...
Applicant Brief
This is a typical way a brief is formed before frontloading to the court in any proceeding either criminal or civil.