1. DEFINITION OF LAW.

Law can be defined as the body of rules, regulations and principles which are enacted through a
framework of social institutions and bodies vested with lawmaking powers which are enforced
upon the members of society to govern behavior, maintain order, resolve disputes and promote
justice.

2. CLASSIFICATION OF LAW.
- Criminal and civil law.
★ Criminal law : Criminal law deals with the regulation and prohibition of crimes which are
deemed harmful to society and also provides punishments for such actions.
Examples are : Penal code, Criminal code, Evidence acts.
The criminal code of section 315 states that murder and manslaughter are criminal offenses and
further stated in section 319, that the punishment for murder is death and in section 325, that the
punishment for manslaughter is life imprisonment.
★ Civil law : Civil law is the branch of law that regulates social relations among people through
the establishment of rights and liabilities. This law stipulates the rights a person is entitled to
and the liabilities he suffers for infringing on the rights of another. All to preserve and maintain
order and cohesion in the society.
Examples of these are : Family law, contract law, Property law.
- Common law and Equity.
★ Common Law: The common law has it's historical origin in England and Wales. It's based on
the Judicial Precedents of the English courts and customs of the people of England & Wales and
has been adopted by many countries under the Commonwealth.
The Foundation of the Common law is the principle of stare decisis or Precedents, binding
lower courts to follow decisions of higher courts in similar cases, thus, creating a consistent and
predictable legal framework.
★ Equity : Originating from the English court of chancery as a supplement to address the
situations where a strict application of the common law Principles would lead to unfair and
unjust outcomes. It emphasizes fairness, justice and remedies to correct & prevent unjust
outcomes.
{ On the basis between the common law and Equity, section 36 - 44 of the judicature acts settled that
whenever there's a conflict between common law and Equity, Equity should prevail.}
- Private and public law.
★ Public laws is the branch of law which applies to the general spectrum of the public. It
concerns the relationship between the government and the citizens. Examples are :
Constitutional laws, Administrative laws, Criminal law.
★ Private laws : is the branch of law concerned with the legal relationship between individuals
and organizations and their respective rights and duties in the society. Examples are : Tort law,
Land law, Company law.
- Municipal and international law.
★ Municipal Law: Municipal law refers to the body of law that governs a particular territory or
jurisdiction, typically at the local or national level. It includes laws and regulations enacted by
municipalities, such as city ordinances, bylaws, and regulations. These laws cover a wide range
of issues, including zoning, public safety, land use, local taxation, and more.
★ International law refers to the set of rules, agreements, and treaties that govern relations
between states and other international actors, such as international organizations and
individuals. It aims to promote peaceful cooperation, resolve disputes, and regulate interactions
in various areas like diplomacy, trade and human rights.

Others include: Substantive & Procedural, Written and Unwritten law.

3. TYPES OF LAW.
- Divine Law.
Divine Law is the law of God made by God himself.
It is believed to be unchanging and universally applicable across cultures.
It guides moral conduct and ethical principles based on religious teachings and beliefs.
Adherence to Divine Law is seen as necessary for spiritual fulfillment and salvation.
Examples are the 10 commandments
{ Exodus 20: 1 -17.} and the Sharia law in Islam.
- Eternal Law.
Eternal Law is the law fundamental order of the universe existing since the existence of time
and till the end of it.
It is timeless and immutable, existing independently of human recognition or enactment,
neither can it be abolished by humanity.
Examples of Natural Law are : The law of gravity, Sowing and reaping, sunset and sunrise,
Birth and death.
 - Natural Law.
Natural Law is the law put in place by God to govern man, nature and the environment.
Natural Law is a body of moral objectives that is based on the principle of human conduct and
the universe detained from nature.
Natural Law is said to be the guide for positive law to follow to become valid. For example,
murder is prohibited across all cultures and is punishable. Thus, if positive law is at variance
with Natural Law it could lead to social injustice.
Examples of Natural Law includes: Cycle of seasons, The right to life, liberty and property,
Equity & fairness, Sowing & reaping.
- Human/Positive law.
Positive law is the law made by man.
It is formulated and enacted through parliaments, social and political institutions to govern
man's conduct and behavior in the society.
Positive law overtime evolves through legislative process and judicial interpretations.
Examples include: Common law.

4. THE FUNCTIONS OF LAW.

- Educational Function.
The law is a vital part of society and a conglomerate of institutions, which ensures to educate
and interpret the laws, regulations and principles to the understanding of society to promote
order and justice.
The law is like a mirror of society and whoever understands the law, understands society.
Sir William Blackstone observed in 1758, that the knowledge of law “is an essential part of liberal
and polite education.”
- Doctrinal function.
These are the development and interpretation of legal Principles striving towards consistency of
legal Principles and judgements ensuring historical continuity and predictability in legal
outcomes e.g Common law.
- Political function.
The Law is closely linked to the political system, as it establishes the structures and powers of
the government.
It set rules for electoral practices, governance, checks and balances, change of government
ensuring that political processes are fair and democratic.
{ Others include: Social, International, Economic. }

5. LEGAL METHODS.
Legal method is the required shock therapy to dislodge set patterns of thoughts replacing such
thought patterns with predetermined thought patterns of Logic and rationality that
characterizes the legal mind.
Legal methods is made up of two words, Legal, which relates to the law and Methods, which
means the process or procedure by which something is being carried out.
Therefore, legal method is the accomplished end of the study or practice of law.
– Importance of legal methods as a course. (2)
1. It impacts the basic understanding of the forms and sources of law to the fresh law
student:
2. This course is the required shock therapy to dislodge set patterns of thoughts replacing
such thought patterns with predetermined thought patterns of Logic and rationality that
characterizes the legal mind.
3. To introduce the legal craftsmanship to the fresh law student. It introduces the tools of
the legal trade such as cases, statutes and customs.
4. To help the student understand his/her own rights and the rights of others.

6. LAW & RELATED CONCEPTS.

- Law & Order.
Laws exists in society to promote order .
The relationship between law and order is that law is the instrument by which order is attained
in society, thereby preventing confusion, anarchy, violence and chaos.
In Nigeria, there's order in the Judicial system, arms of government, military for a smooth
administration.
A notable saying that encapsulates this concept is by John Locke, who said, "Where law ends,
tyranny begins”. This quote highlights the necessity of law and order to regulate human behavior
and maintain societal harmony.
- Law & Freedom.
Freedom is the existence of man & his freewill without any restrictions. But when law comes in
contact with freedom it's duty is to set limits upon the excessive freedom of man.
 The concept of law and freedom is closely intertwined in society, often viewed as
complementary rather than contradictory.
One notable reference is from the English philosopher, John Locke, who said “wherever law
ends, tyranny begins.”
This emphasizes the idea that the law is made to preserve the freedom and liberty of man from
tyrannical oppression in the society.
However this relationship of law and freedom is delicate, while laws are for safeguarding
freedoms, overly restrictive and unjust laws could negate the freedom and liberty of man.
- Law & the state.
A state is a geographical area within defined territorial borders with a recognized government
and the governed.
Section 2 (1) of the 1999 constitution of Nigeria recognizes : “ Nigeria is one indivisible and
indissoluble sovereign state that can be known as the Federal republic of Nigeria.”
The concept of law and the state is deeply rooted in the idea that the state is responsible for
establishing a legal framework that governs behavior of individuals and organizations in the
society.
The state's legal authority to create & enforce laws relies on if it possess a
I. A defined territory.
II. A permanent population.
III. A popularly recognized government.
The relationship between the law and the state is symbiotic, the lawl creates the state and
helps it to function well.
The state helps for the continuous existence of the law.

7. THE SOCIAL TECHNIQUES. (4)

- Penal Method.
The penal technique involves the regulation of crimes in the society through prohibiting
unlawful actions and providing punishment for engaging in such actions.
The examples of law related to the penal technique includes : The penal code, Criminal code and
the Economic & Financial crime commission act and so on. For instance the criminal code in
section 315 pronounces that murder and manslaughter are criminal offenses. It further states in section
319 that the punishment for murder is death. In section 325, the punishment for manslaughter is life
imprisonment.
 - Grievance remedial technique.
Unlike the penal method, the grievance remedial technique doesn't deal with criminal law. It
deals with civil matters.
The government regulates society by enacting civil laws to sanction civil wrongs and provide
civil remedies to persons who have been wronged or injured one way or the other through the
justice system.
A logical thesis of this Technique states that: “If adequate remedies is granted to an aggrieved
person, he is likely to be pacified, the law would have succeeded in discouraging injustice & discouraging
aggrieved people from taking laws into their own hands.”
The Grievance remedial technique is used in Tort law, Contract law and Commercial law and
some of the remedies provided includes damages, injunctions and restitutio in integrum. (
restitution to the original position.)

- Private arranging technique.

This is a system whereby the law provides a legal framework of rules which determines the
validity of private transactions or contracts, leaving it to individuals to make an option of
arranging their private affairs within the framework e.g Marriages, Business contract, Trust
settlement.
For example, section 47 of the marriage acts states that whoever contracts a customary marriage after
contracting a marriage under the act, such person is liable to 5 years imprisonment.”
The private arranging technique doesn't bind every member of the society, this only binds who
choose to be bound by its provisions.
- Fiscal Technique.
The fiscal Technique involves the government using taxation to control the behavior of
citizens.
And for goods that the government wants to discourage, it imposes a higher tax rate. It also
involves the use of fines to discourage some actions. For example, in 1998, in order to reduce the
rate of gas flaring, the government increased the fine by 1900 percent.
The government operates upon this Technique through the enactment of the Personal income
Tax act, The custom and Excise management act.

8. SHORT NOTES JUDICIAL PROCESS.

 - Ratio Decidendi.
Ratio Decidendi is a Latin term which translates to “reason for the decision.” It is the legal
Principle upon which the court's decision is made. The reasons behind the judgment of a case
creates a binding Precedent for future cases.
The ratio decidendi of a case can be found by taking 2 things into account.
1. The facts in issue {material facts treated by the judge.}
2. The judge's decisions are based on those facts.
"In the case of State v. Roberts, the court held that the use of excessive force by law enforcement officers
during an arrest constitutes a violation of the suspect's Fourth Amendment rights against unreasonable
seizures. The ratio decidendi of the case was that law enforcement officers must use only reasonable force
necessary to effectuate an arrest and must not use excessive force that is disproportionate to the threat
posed by the suspect."
In this example, the ratio decidendi is the legal principle that law enforcement officers must use only
reasonable force during an arrest and must not use excessive force in violation of the suspect's Fourth
Amendment rights.

- Obiter Dictum.
These are the statements made by the judges in their judgments which are neither relevant to
the facts in issue nor to the determination of the case. Obiter Dictum does not form the basis
for ratio Decidendi.
"In the case of Smith v. Brown, the court was deciding a dispute over property boundaries. During the
judgment, the judge mentioned that he personally believed that neighborhood disputes should be resolved
amicably through mediation before going to court. This comment was not crucial to the court's decision
about the property boundaries and was considered obiter dictum.
In this case, the obiter dictum is the judge's comment about resolving neighborhood disputes through
mediation, as it was not directly related to the main legal issue of determining property boundaries.”

- Judicial {binding & persuasive} Precedents.

These are also known as case laws or stare decisis { To stand on things decided.} It refers to the
practice where courts make decisions based on previous judgements of similar cases.
Judicial Precedents are binding when a higher court sets a binding framework for lower courts
to follow in future cases with similar facts and issues.
Precedents are said to be persuasive on a case when the case judgment is made by a court of
concurrent jurisdiction. (Court of the same rank.)

9. SHORT NOTES ON THE CATEGORIES OF LAW.

- Standard of law.
The law exists to ensure some standards of conduct and behavior which are expected from
individuals and organizations to maintain society.
It serves as a guideline to determine whether an individual's actions are lawful or unlawful.
People are to ensure they do not go below the minimum standard of behavior.
If a person violates the standard then a rule can be applied so as to sanction him.
In legal terms, the standard of law can be categorized into different levels such as:
1. Criminal law standard: In criminal law, the standard is often that “whoever alleges must
prove ” and for a person to be found guilty of a crime, the evidence must be so strong that
there is no reasonable doubt that the accused committed the offense.
2. Civil law standard: In civil law, the standard is usually the “preponderance of evidence.”
This means that the evidence presented shows that it is more likely that the Defendants
actions caused harm or damage.
- Rules of law.
In ordinary sense, rules are prohibitory in nature, dictating the acceptable behaviors.
The rules of law is the sanction or consequence which is already provided even before a
person violates the rule.
If members of the society do not comply, the consequences of non-compliance will apply.
“The criminal code in section 370 provides for a 7 year imprisonment term for bigamy, a death penalty
for murder or 14 years improvement for rape.”
The real life consequence that follows a violation is the distinctive feature of a rule when such
consequence is merely stated in the face of a provision.

- Principles of law.
In rules of law, consequences are formally provided against an act but Principles are stated in
broad and wide terms without specific sanctions or consequences on the provision, which is a
distinctive mark between the rules and Principles of law.
The violation of a Principle gives remedy to an injured person but does not affect the person
who violates the principle.
 { The case of a judge who violates the principle of Nemo judex in causua sua.}

10. SHORT NOTES ON THE. INTERPRETATION OF STATUTES.

- Literal rule.
Legislations are made of words. The intention of a person can be deducted from the words
used by him.
In the same vein, the intention of the law could be seen in the legislation.
The only application of this rule is that the words must be plain and unambiguous.
When this condition is met the court will not consider the effects of the interpretation but will
act on the ordinary and plain meaning without any reference.
This rule obviously confines judges to the letters of the legislation, without the opportunity to
express themselves.
- Golden Rule.
When words in legislation are ambiguous, the court cannot apply the literal rule, hence the
golden rule is applied.
In applying this rule, the court will not give words their original meanings but will interprete
them in a way that will not lead to absurdity.
In applying the golden rule, the court will take cognisance of the variables in the
interpretation to ensure that the law does not create hardship or injustice.
This rule can be referred to as the modification of literal rule and would not be applied If the
literal rule would lead to justice.
It's important to note that the judge withholds the power to apply the golden rule over a case
and he chooses the meaning to be assigned to a word in a legislation, thus, giving him room for
expression.

- Mischief rule.
Like the golden rule, the court applies the mischief rule when it finds the words used in
legislation to be ambiguous.
This involves the court finding out the history behind the legislation.
This would enable the court to determine the situation in the society before the law was passed
and the wrongs the legislation intended to correct.
This rule dictate therefore that while interpreting the legislation, the court should suppress the
mischief, the legislation is supposed to correct and advance the remedy the legislation proposes
as solution to the problem.
- Ejusdem Generis rule.
Originating from latin it translates to of the same kind of nature. This rule applies when a
general term used in legislation follows a specific list of terms.
This means that the general word relates to a particular class of words limited to only items of
the same nature.
For example Section 40 of the 1999 Constitution, recognizes freedom of association to form or belong
to any political party, trade union or any other association for the protection of interest.} A family
meeting cannot be included while Professional organizations like the NBA can be included in
the “any other association.” by the operation of the Ejusdem Generis rule. See

11. Legal language.

- Normative.
- Direct & imperative.
- Precise.
- Formal.