Case Law and Precedent: How Courts Make Law

in 500 Level, Class Notes, Exam Preparation, Jurisprudence, Study Resources, Study Tips

Understanding Precedent Precedent is an ancient concept. It involves laying down general principles for the future. When judges in higher courts give reasons for the legal rules they apply, these reasons become authoritative statements of law that later judges must follow as precedents.[1] This rule applies equally to decisions about statute interpretation, making precedent perhaps more important than statute itself, since judges determine what statutes mean. Prerequisites for Precedent to Work Two things must exist for precedent to operate effectively: First, a well-established judicial hierarchy. Second, reliable reports of decided cases.[2] Law reports provide authoritative legal statements. The rule is simple: courts lower...

10 October

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Law and Morals: Understanding the Relationship

Posted by Kolawole Adebowale

in 500 Level, Class Notes, Exam Preparation, Jurisprudence, Study Resources, Study Tips

The Basic Connection Law and morality have always influenced each other. Much of what makes law legitimate comes from the belief that we have a moral duty to obey it.[1] Laws are connected to the value systems and moral ideas of a society, and judges often interpret laws with the assumption that they should work justly and not offend settled moral principles.[2] Historically, law, morality, and religion were treated as interconnected. Ancient societies saw law as having divine origins, with some laws traced directly to a divine law giver, such as the Ten Commandments.[3] Today, we view law as made by humans...

10 October

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African Customary Law: Sources, Courts, and Administration

Posted by Kolawole Adebowale

in 500 Level, Class Notes, Exam Preparation, Jurisprudence, Study Resources, Study Tips

Correcting Historical Misconceptions Austin in his theory of law classified African Customary Law as an example of "law improperly so-called."[1] This was an erroneous perception. Scholars like T.O. Elias changed this view. In his pioneering work, The Nature of African Customary Law (1956), Elias conclusively demonstrated that African Customary Law is law like any other system of law.[2] African Customary Law was once a complete system of law with its own sources and different divisions including Constitutional Law, Contract Law, Torts Law, Criminal Law, Property Law, Family Law, and Succession.[3] However, with European colonialism and the establishment of colonial rule, African Customary...

10 October

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The Meaning of Legislation: A Simplified Study Notes

Posted by Kolawole Adebowale

in 500 Level, Class Notes, Exam Preparation, Jurisprudence, Study Resources, Study Tips

Hello legal luminaries, today we will look at Legislation, a topic you may encounter in your final year as an undergraduate, while this class notes is only meant as a supplementary guide, it is important you know that it has been simplified as well for quick assimilation. Let's go! What Legislation Is Legislation is the formal declaration of new legal rules by a competent authority recognized by courts as having that power. The core element is that a recognized authority must formally declare the rule. However, the term gets used in different ways. Sometimes "legislation" refers only to formal statutes passed by...