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. This technique differs from the punitive method in that it regulates behaviour, whereas the latter prohibits and punishes antisocial behaviour. It also differs from the complaint resolution technique in that it prevents and enforces it from being carried out by the government. While the latter ensures compensation in the event of a breach and that it is executed at the initiative of the injured party. 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. Legislative proposals do not have a conventional form, but they must be articulated, well prepared and set out exhaustively what is likely to be adopted by Parliament and approved by the President. It must be presented logically and structurally so that the object can be specified. For example, a bill concerning sectarianism among Nigerian students would be structured as follows: In a legal sense, common laws are laws developed from the common law system of King`s Bench, the Court of Common Pleas and the Exchequer Court. Common law arose after the Norman Conquest of 1066 AD. Frédéric de Savigny rejected it because it favoured drastic and revolutionary changes, 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. Legal writing is an art that should not be taken for granted. The importance of writing has been demonstrated in articles, letters, magazines, agreements, essays, reports, court cases, etc. These legal writings assist scholars in their legal work.
Writing is not an innate skill and therefore needs to be developed. Good legal drafting must be precise, short, clear, orderly and original. The common law is made up of former judges who have decided cases that are relevant 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. Lawyers are not allowed to use words or use words that are not used anyway. Lawyers usually use technical words that are already in vogue, but these words have deeper meanings than their literal interpretations. These words include: legal personality, contract, succession, rule of law, separation of powers, property, etc.
For example, the concept of the rule of law has three main components: it is the first school of law and the main protagonists of this theory are Plato, Zeno, Thomas Aquinas, Socrates, Grotius, etc. Natural law simply means what is just and just. Naturalists believe that there are certain rules inherent in man that tell him what is right and right and motivate him to do good and avoid evil. It is perceived by man through reason and includes the laws that man, in his wisdom, will gladly accept as just and necessary for society. 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. Bills are finished products of what started as a proposal that is transformed into draft laws prepared by the draftsman. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. If the majority judgments are identical and based on the same legal principle, the principle is the ratio decidendi of the case. Has.
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. “Different legal systems use different formulary styles to solve the problem.” 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. This chapter focuses on the legal method and aims to determine scientifically valid principles of interpretation. In accordance with previous chapters, this implies that perspective is normo-descriptive and not normative-expressive. It is not a question of which principles of interpretation are correct, but which principles judges consider correct and which, as such, effectively govern the courts when they apply general rules of law to certain subjects. As with the sources of law, the ideology of interpretation varies from one legal system to another. Consequently, the task of general legal theory can only be to explain certain factual assumptions about methodological problems and to place and characterize various existing styles of method and interpretation within the framework of a general typology. In addition, the chapter focuses mainly on methodological issues related to the interpretation of law, which are more important in continental legal systems where legislation is the predominant source of law. Based on a general account of semantics, the chapter analyzes three types of interpretive problems – syntactic, logical and semantic – and concludes by reflecting on the role of pragmatic factors in the exercise of legal authority. “A truth or an established legal statement that is so clear that it cannot.
Thus, 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 simply means strict application of the law, sometimes without ensuring that justice is taken into account in the circumstances. He cares too much about the details of the law instead of following the spirit of the law and fulfilling the main purpose of the law, which is to deliver justice. The problem of legalism has resulted in the principle of fairness, which helps to alleviate the difficulties caused by the strict application of the law. The term “legal method” contains two words – “legal” and “method”. The word “legal” means something that has to do with the law, while the word “method” means a way or procedure of doing something in an organized and planned manner. Therefore, the legal method is defined as the way of doing things in relation to the law in society. iii. Analysis of social law issues and application of legal rules: An essay in legal writing should contribute to social, economic, political, cultural, educational and much more issues. It must reflect social problems and realities in order to make a good impression.
When writing from the point of view of a legal mind, one cannot ignore important details. 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, injunction, specific enforcement, restitutio in integrum, etc. This theory believes that customary law is the main source of law. She believes that an appropriate law must conform to the customs of the people.