UNIT 6

ANALYSIS AND NOTE TAKING IN LEGAL MATTERS

Effective analysis and note taking in legal matters are crucial skills for legal practitioners and students. These skills ensure accurate comprehension of legal texts and effective argumentation in legal practice. The technique for analysis includes the following;

1. Reading comprehension: this is done to carefully read legal texts, including statutes, cases, and scholarly articles, to understand the material's context and content.
2. Issue identification: this is done to identify key legal issues by asking what the core legal question is.
3. Rule extraction: this is done to extract the legal rules or principles that apply to the issues.
4. Application: this is done to apply the extracted rules to the facts of the case.
5. Conclusion: this is done to draw conclusions based on the application of the rules to the facts.

TECHNIQUES FOR NOTE TAKING

1. Outlining: this is done to use outlines to organize notes systematically, breaking down complex information into manageable parts.
2. Highlighting: this is done to highlight key points, cases, and statutes for easy reference.
3. Summarizing: this is done to write brief summaries of longer texts to capture essential points.
4. Annotation: this is done to make marginal notes to explain or comment on specific parts of the text.

CASE STUDY
A case study approach can be used to practice analysis and note-taking skills. Using the case of Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 660) 228.

1. Issue: Whether the Fundamental Rights (Enforcement Procedure) Rules apply to public officers.
2. Rule: Section 6 of the 1999 Constitution.
3. Application: The court applied Section 6 to determine that the rules do apply to public officers.
4. Conclusion: The rules were held applicable.

AUTHORITATIVE ELEMENTS IN BOOKS

Authoritative elements in legal books include the following:

1. Primary sources: this includes texts of statutes, regulations, and judicial opinions.
2. Secondary sources: this includes commentary, analysis, and critique by legal scholars.
3. Citations: this includes proper citation to authoritative sources, such as cases and statutes.
4. Scholarly opinions: this includes views of recognized legal experts.

AUTHORITATIVE ELEMENTS IN JUDICIAL OPINION

Authoritative elements in judicial opinions include the following:

1. Ratio decidendi: this is the legal principle or rationale for the decision.
2. Obiter dicta: this is the comments made by judges that are not essential to the decision.
3. Precedents: this is the previous judicial decisions cited as authority.
4. Dissenting opinions: these are the opinions that disagree with the majority decision.

CASE STUDY
Using the case of Ogugu v. The State (1994) 9 NWLR (Pt. 366) 1.

1. Ratio decidendi: The Supreme Court held that the right to life under Section 33 of the Constitution includes protection against unlawful killing.
2. Obiter dicta: The court commented on the importance of fair trial procedures.

APPLICATION OF LEGAL RULES IN SOCIAL MATTERS

Applying legal rules to social matters involves interpreting and implementing laws to address societal issues, such as human rights, public health, and social justice. The steps in application includes the following;

1. Identification of social issue: this is to recognize the social problem that requires legal intervention.
2. Legal framework: this is to identify relevant laws, statutes, and regulations.
3. Interpretation: this is to interpret the legal provisions in the context of the social issue.
4. Implementation: this is to apply the legal rules to address the issue, ensuring compliance with legal standards.

CASE STUDY
Using the case of Attorney-General of the Federation v. Attorney-General of Lagos State (2013) 16 NWLR (Pt. 1380) 249.

1. Issue: Whether the Lagos State Government can regulate the operation of lotteries within the state.
2. Rule: Relevant provisions of the Constitution and the National Lottery Act.
3. Application: The court interpreted the provisions to uphold the state's power to regulate lotteries.
4. Conclusion: Legal rules were applied to affirm state autonomy in social matters.

THE STRUCTURE OF COURTS IN THE CONTEMPORARY ENGLISH LEGAL SYSTEM

The English legal system is characterized by a hierarchical structure of courts, each with specific jurisdiction and functions. The structure is given as the following;

1. Supreme court: this is the highest appellate court in the UK, handling cases of the greatest public or constitutional importance.
2. Court of appeal: this court is divided into Civil and Criminal Divisions, it hears appeals from lower courts.
3. High court: this court is composed of three divisions (Queen's Bench, Chancery, and Family), and it handles serious civil cases and appeals.
4. Crown court: this court deals with serious criminal cases and appeals from magistrates' courts.
5. Magistrates' Courts: this court handle minor criminal cases, preliminary hearings, and some civil matters.
6. County courts: this court deal with civil cases, such as claims for debt repayment, personal injury, and family matters.

THE HIERARCHY OF THE JUDICIARY IN THE ENGLISH LEGAL SYSTEM

The hierarchy of the judiciary in the English legal system ensures an organized and systematic approach to legal adjudication and the development of legal principles. See section 6 of the 1999 Constitution which establishes the structure and jurisdiction of Nigerian courts and the case of A-G, Federation v. A-G, Abia State (2001) 11 NWLR (Pt. 725) 689 where the Supreme Court interpreted the jurisdiction of federal and state courts under the Nigerian Constitution. The hierarchy of judiciary in the english legal system includes the following;

1. Supreme court: this is the final court of appeal in civil and criminal matters.
2. Court of appeal: this court hears appeals from the High Court and other lower courts.
3. High court: this court is divided into divisions with specific jurisdictions, it handles significant civil cases and supervises lower courts.
4. Crown court: this court deals with serious criminal matters and hears appeals from magistrates' courts.
5. Lower courts: this includes the magistrates' courts and county courts which handle less serious matters and serve as the first point of contact for most legal issues.

CONCLUSION

These notes provide a comprehensive overview of key legal concepts, making it easier for legal practitioners and students to understand and apply them in various contexts.