/ 24 Nov 2022
Nigerian Legal Method

The language of the law does not mean entirely new language, but a combination of words or phrases, usually in written or oral form, used by lawyers to convey legal thoughts and arguments. Frédéric de Savigny rejected it because it favoured a radical and revolutionary change, contrary to his preference for the evolutionary growth of law. It is also expensive and time-consuming, and requires intellectual skills. It destroys continuity in the development of law. The substantive law of this technique, which deals with rights and obligations, includes contract law, tort law, commercial law, labor law, etc. The procedural aspects of this technique include civil procedure law, civil remedies, legal advice, etc. The main purpose of studying the legal method is to enable students to plead like a lawyer. Therefore, it is paramount that legal considerations are discussed so that students understand their concept. The basic tools of legal research are primary and secondary sources. Understanding these sources will facilitate effective research on various aspects of the law.

The library is to a lawyer what a laboratory is to a scientist. A law student who wants to become a lawyer must become familiar with law textbooks, legal reports, laws, jurisprudence, etc. It is not good to rely solely on these elements because the author may have made a mistake or the law has been repealed or amended. It would be better to constantly read new editions of law textbooks, federal statutes and court decisions. The grounds for legal research are as follows: if the majority judgments are consistent with each other and are 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. 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. The only shareholders were him and his family members, he lent money to the company. As a result, the company fell into a financial crisis and it had to be decided whether Salomon, the secured creditor should be paid first or external creditors. Lawyers for the external creditors argued that Salomon and Co Ltd was a deception and was identical to Salomon. Solomon lost in the Court of First Instance and the Court of Appeal, but won in the House of Lords, where it was decided that Solomon and society were different personalities, so Solomon should be paid first.

The judiciary is the third branch of government, composed of judges from a jurisdiction who administer the law in accordance with the laws of the land. In legal language, this means the temple of justice. Since some law students are likely to become lawyers, it is therefore important for them to understand how legal reasoning works in court cases. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. It is also the lawyers` method of arguing on how to settle disputes, improve the law, the individual and society. 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.

Therefore, positive law is any law promulgated by the sovereign or by persons legally authorized to enact such laws that have a binding effect on the people in general. It is the legal reasoning that determines whether the law applies to general or specific circumstances without being fluid, because there is a lack of direction or focus. Legal Method is an introductory course for new law students to indoctrinate them in law school. It helps students to provide a foundation for the proper understanding and application of the various material rules and principles they will encounter during their legal training. The law is dynamic and therefore constantly evolving. It is necessary for a lawyer to do research when faced with a legal problem in order to determine the position of his client in a particular case. If our laws were perfect, there would probably be no need for research. Legal rhetoric is obtained by appealing to the authorities. This authority may be a primary authority that includes both legal and judicial authority.

While secondary authority includes opinions, writings, legal commentaries, etc. Primary authorities, when cited, are more important and more important than secondary authorities. For example, a plaintiff who uses primary authority to support his or her argument is likely to win his case over the defendant who used secondary authority. In Holman v. Johnson, the plaintiff sold tea to the defendant in Dunkirk, fully aware that the tea had to be smuggled into England. As a result, the buyer refused to pay, arguing that the sale of the tea was illegal. The court rejected the argument on the grounds that it would mean that the laws of England were also available in Dunkirk. Any legal principle that contradicts established legislation can become vulnerable to legal criticism and be struck down by the courts.

This method of social control is one in which the government regulates the activities of private companies to protect its citizens in order to avoid exploitation of citizens. Actions taken by the government include: licensing, inspection, warnings, suspension, litigation or prosecution as a last resort, etc. The government has also set up certain regulatory bodies such as Joint Admissions and Regulation Board, common law are judges of the cases decided which are applied to this case. The common law was strictly formal and full of legalism, for example, if a plaintiff does not issue a declaration or does not have an appropriate declaration, he has no recourse. The only common law remedy was an award of damages. These are laws established or made by persons authorized to enact such laws to guide the conduct of members of society. The legal school of positive law is a legal positivism that does not deal with morality. 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. The common law arose after the Norman Conquest of 1066 AD. Legal research is therefore the use of library materials to search for recorded information on a particular legal issue in order to determine the rights, duties and obligations of the parties.

He is also known for finding source documents that can be used for academic papers to support legal arguments and help decide cases. The settlement of legal issues raised by a party to a dispute before substantive law is a body of legal provisions. It defines a code of conduct and provides for a sanction in case of violation of this code. It deals with all laws except procedural law. It includes constitutional law, criminal law, contract law, tort liability, etc. The government uses this method to regulate society by enacting civil laws that result in civil penalties, and also provides remedies for false parties through the civil justice system. Some of the remedies under this technique include: damages, injunctive relief, specific enforcement, restitutio in integrum, etc.