UNIT 2

CLASSIFICATION OF LAW

Law can be classified in various ways, depending on different criteria. The primary classifications include public and private law, civil and criminal law, substantive and procedural law, municipal and international law, and written and unwritten law.

1. Public and private law: where public law regulates the relationship between the state and individuals or entities and it includes constitutional law, administrative law and criminal law, private law regulates relationships between individuals and entities such as contract law, tort law, and property law. See the Chapter II of the 1999 Constitution of Nigeria and the Criminal Code Act and Penal Code Act. See also the case of Garba v. University of Maiduguri [1986] 1 NWLR (Pt. 18) 550, the case of Carlill v. Carbolic Smoke Ball Co [1893] 1 QB 256 and the case of Donoghue v. Stevenson [1932] AC 562.
2. Civil and criminal law: where civil Law deals with disputes between private parties using family law and law of torts, criminal law deals with offenses against the state and society using penal code and criminal code. See the Matrimonial causes act, the criminal code act and the penal code act. See also the case of Anns v. Merton London Borough Council [1978] AC 728.
3. Substantive and procedural law: where substantive Law defines rights and duties of individuals through contract law and criminal law, procedural law outlines the methods of procedures for enforcing rights and duties through civil procedure and criminal procedures. See the Civil Procedure Rules and the Criminal Procedure Act.
4. Municipal and international law: where municipal Law applies within a country using the national laws and statutes, international law governs relations between countries using treaties and conventions. See the constitution, the legislative acts, the judicial decisions and the Geneva conventions.
5. Written and unwritten law: where written Law is codified in statutes and legal documents such as the constitution and legislations, unwritten law consists of customs and judicial decisions such as common law and equity developed through court decisions. See the acts of parliament and the case of Afolabi v. Polymera Industries Ltd [1967] LPELR-261.

LEGAL REASONING IN JUDICIAL PROCESS

Legal reasoning in the judicial process involves interpreting and applying the law to resolve disputes. It encompasses methods such as analogical reasoning, deductive reasoning, and inductive reasoning.

1. Analogical reasoning: This involves comparing the facts of the current case with previous cases to draw parallels and apply similar legal principles. See the case of Donoghue v. Stevenson [1932] AC 562 which established the principle of duty of care in negligence, which is applied analogically in subsequent cases.
2. Deductive reasoning: This involves applying general legal principles to specific facts to reach a conclusion. The principle that all contracts require offer, acceptance, and consideration. See the case of Carlill v. Carbolic Smoke Ball Co [1893] 1 QB 256.
3. Inductive reasoning: This involves deriving general principles from specific instances or case outcomes. See the developing principles of negligence from various cases.

LEGAL REASONING AND APPROACH TO LEGAL PROBLEMS

Approaching legal problems requires a structured method to analyze and apply the law effectively. This includes identifying the relevant facts, applying the law, and reaching a conclusion.

1. Identifyinng relevant facts: this is where to carefully examine the facts presented to determine what is legally relevant. For example, in a breach of contract case, facts like the terms of the contract, performance, and breach are relevant.
2. Applying the law: this is where to identify and apply the appropriate legal principles or statutes to the facts. See the case of Garba v. University of Maiduguri [1986] 1 NWLR (Pt. 18) 550, where the court applied principles of administrative law to determine the legality of the university's actions.
3. Reaching a conclusion: this is based on the application of the law to the facts, in order to reach a logical and legally sound conclusion. An example is the determining liability in a negligence case by applying the duty of care, breach, causation, and damage principles.

LEGAL RHETORIC AND LEGAL LOGIC

Legal rhetoric and logic are essential for persuading and presenting arguments effectively in legal practice. Where legal rhetoric involves the art of persuasive legal writing and speaking, using logical arguments and emotional appeals like a well-crafted closing argument in court, legal logic involves using logical reasoning to construct coherent and persuasive legal arguments like using syllogisms where a general rule and a specific fact lead to a conclusion.

CONCLUSION

These notes provide a comprehensive overview of the classification of law, legal reasoning in the judicial process, approaches to legal problems, and the use of legal rhetoric and logic, with relevant Nigerian cases and sections.