Legal Notes are summaries of important legal concepts, principles, and rules. They provide a quick reference guide for lawyers, law students, and legal professionals to understand complex legal issues. Here are some Legal Notes on various topics:
– Contract Law: A contract is a legally binding agreement between two or more parties. Essential elements include offer, acceptance, consideration, intention to create legal relations, and capacity to contract.
– Tort Law: Tort is a civil wrong that causes harm or injury to another person. Key concepts include negligence, duty of care, breach, causation, and damages.
– Criminal Law: Criminal law deals with offenses against the state or society. Important concepts include mens rea (guilty mind), actus reus (guilty act), and strict liability.
– Family Law: Family law governs relationships between family members. Key concepts include marriage, divorce, child custody, child support, and spousal maintenance.
– Property Law: Property law deals with ownership and possession of property. Important concepts include real property, personal property, freehold, leasehold, and easements.
– Evidence Law: Evidence law governs the admissibility of evidence in court. Key concepts include relevance, reliability, hearsay, and privilege.
– Company Law: Company law regulates the incorporation, management, and winding up of companies. Important concepts include incorporation, shares, directors, and shareholders.
– Tax Law: Tax law governs the imposition and collection of taxes. Key concepts include income tax, capital gains tax, value-added tax, and tax deductions.
The Judgment of a court involves the relevant facts and laws referred to by the court in the determination of the issues before it. The judgment also includes the reasoning behind each decision that was arrived at by the court. A judgment can be said to be either final or interlocutory.
The final judgment of a court completely resolves all the issues before the court, leaving no issue outstanding to be determined by the court. It wholly and conclusively determine all rights and entitlements of the parties.
A statement of fact is a reference, an opinion or an explanation made by a judge or the court to a particular fact made by the parties before it as conclusive or proven.
Unlike ratio decidendi which is a statement of law relating to the issues before the court, obiter dictum on the other hand is a statement of law which does not relate to the issues before the court. Thus a court is always at liberty to make statements of law in advising the parties before it
It is the ratio decidendi that may serve as judicial precedent. Thus ratio decidendi goes hand in hand with the doctrine of judicial precedent. Ratio Decidendi is a Latin word which means the legal reasoning behind a judgment which relates to the issues before the court. This is the binding part of a judgment that
When a court dismisses a party’s claim or case, it means that the court has found no merits in the party’s claim or case and as a result, the court has decided to refuse any grant of reliefs or benefits requested by the said party.
Defilement is the other side of the coin in the definition of rape. Defilement is simply defined in some jurisdictions as the sexual intercourse with a person below a certain age whether with or without the person’s consent. The rationale here is that the person or victim, in the eyes of the law, is not
The definition of rape may differ from one jurisdiction or country to another. In most jurisdictions, rape is defined as the forceful act of engaging in sexual intercourse with someone above a certain age against the person’s will or wishes. This person in question must be old enough to consent to sexual intercourse which makes
An Appeal is simply a step taken by a party in a court dispute, to challenge the decision of the court. Thus, the party seeks an amendment or setting aside or a second look at the decision of a lower court by a higher court.