Matters in which African Customary Law can be applied Land held under customary law. Marriage, divorce, maintenance or dowry. Seduction or pregnancy of an unmarried woman or girl. Enticement f or adultery with a married woman. Matters affecting status of Read More …
Day: September 15, 2020
Sources of constitutional law.
Sources of constitutional law. Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary Customs Legislation International law Case law
Advantages and Disadvantages of case laws.
Advantages of case law: Certainty – The maxim of stare decisis has contributed certainty and consistency in the development of the rules of law. Possibility of growth – Case law grows out of practical problems and thus keeps pace with Read More …
Contributions of equity to the development of the legal system.
It granted injunctions and would order specific performance where common law could award only damages. It recognised trusts and a beneficiary could compel a trustee to administer the trust property in accordance with the terms of the trust. It recognised Read More …
Differences between criminal law and civil law
Criminal law i) This is the law that deals with wrongs committed against the state and is punishable by the state ii) The state is directly interested in such disputes as crime is a public wrong committed by an Read More …
Matters that are dealt with under international law
– The formation and recognition of states. – Acquisition of territory. – War between states. – The law of the sea and of space. – Treaties between states. – Treatment of aliens. – Human rights of citizens and visitors. – Read More …
Definition of the term international law
International law: This is a body of rules which regulates the relation between states or countries and other international persons for example the United Nations. International law is based on international agreements or conventions or treaties and customary practices of Read More …
Distinction between public law and private law
Public law consists of those fields or branches of law in which the state has a direct interest as the sovereign, for example; Constitutional law, Criminal law, Administrative law. It is concerned with the constitution and functions of the various Read More …
Characteristics of good laws in the society.
Laws should be prospective. Laws should be open and clear Laws should be compatible with rules of natural justice Laws should be relatively stable. Independence of the judiciary must be guaranteed. Courts should be easily accessible. The discretion of the Read More …
Types of treaties with regard to International Law.
Multilateral treaties-agreement among more than two states Bilateral treaties-agreement between two states Universal- agreement among very many states, if it binds almost all states