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.
S 179 character is person’s general disposition made up of aggregate of traits including honesty, peacefulness, skill or care, temperance and their opposite, per Makin v AG of New South Wales mere fact of evidence showing commission of other crimes doesn’t render same inadmissible if relevant to issue as to show whether act was designed […]
Character Evidence Read More »
A special right, immunity or exemption where one refuses to give evidence or prevent others from doing so, distinguished from public interest immunity where primary source of evidence is privileged secondary evidence may be resorted to whereas if public immunity excluded facts can’t be proved in any way. Include doctor patient, clergy penitent, self-incrimination, state
Rule preventing one from asserting or denying a fact’s existence because he has previously or earlier asserted or denied the opposite, distinguished from presumptions as it is procedural thus ought to be pleaded, evidence in respect of it ought to be led and apart from autre fois acquit and convict it doesn’t apply in criminal
Judicial Notice (JN) Gen rule is a judge not permitted to rely on personal knowledge of facts which isn’t of public notoriety and presumed to be known to public or easily verifiable. S 9 taking judicial notice of facts in issue or relevant to facts in issue only of facts generally known within jurisdiction or
Matters Not Requiring Proof Read More »
Common Law-admissibility isn’t affected by mode of obtaining evidence, Human Rights: admission of evidence obtained in breach of HR or constitution isn’t admissible, perTuffour v AG no one can make what constitution says lawful unlawful and vice versa, per Okorie alias Ozuzu v Rep if breach of rule of law or constitution, evidence not objected
Illegally or Unfairly Obtained Evidence Read More »
Taylor v Taylor evidence may be distinguished between inadmissible per se and one which would have been rejected as inadmissible upon objection. S 179, 51-supra, DPP V Kilbourne evidence is relevant if it is logically probative or dis-probative of some matter which require proof.Mensah v Republic general rule for admissibility is sufficient relevance to issues.
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S 10 burden of persuasion means obligation of party to establish a requisite degree of belief concerning fact in mind of court, requiring one to 1-raise a reasonable doubt, or 2-establish fact by preponderance of probabilities or 3-by proof beyond reasonable doubt. S 11 burden of producing evidence(BOPE) means obligation to introduce sufficient evidence to
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Interpretation: S 179(1) of Evidence Act 1975 (Act 323) defines Evidence as anything presented to senses to proves existence or not of a fact, Relevant Evidence means one includes one relevant to witness’ credibility or hearsay declarant making existence or not of a fact more or less probable than it will be without the evidence,
Grounds of Appeal: Not represented by lawyer, didn’t appreciate nature of charge, didn’t intend to plead guilty, upon facts cannot in law be convicted, Bill of Indictment Charge Sheet: contains the charges against the accused person Summary of Evidence (Titled Bill of Indictment)List of witnesses as PW1,2,3: Material Witnesses, witnesses to both the charge cautioned
S 294 the following punishments inflicted death-treason, murder, subversion, not on juveniles and pregnant women; imprisonment-1st degree max of life imprison, law say offence is felony but no specifics then 2nd degree dishonesty offences like stealing, falsification max of 25 years and if no specifics max of 10 years, misdemeanors max of 3 years. If
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