Lawyer

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 

 Possession  It is the evidence of ownership Relationship pf the person and thing possessed  Caw law Bridges v hawksworth R. Moore Merry v green Cartwright v green R v mucklow Elwes v Briggs gas co South staffordshire water co v sharman  Corporeal and incorporeal possession  Mediate and immediate possession  Possessory remedies Relationship of possession and title   

  Legislation   The law are enacted by act of parliament Enacted and unenacted laws Supreme legislation The law are Created by the imperial parliament . Subordinate legislation  Law are enacted by the subordinate entities under the directions of supreme power 1. Colonial - The colonies may enact laws for the effective administration of the colonies. 2. Municipal  These are the bye laws created by the municipality  3.judicial The enacted laws are encored by the act of courts  4. Autonomous  The laws constituted for the corporation are conventional laws when the shareholders make decision to change the rules needed for the growth of the coporation which are autonomous in nature. Interpretation of legislation  The courts may make Use of the statutory laws interpret and find either grammatical or logical msitakes  If there are mistakes in the section or text would not be a big mistake which can be corrcted  If there Is ambiguity in the meani...

  Ownership It Is the relation of person and thing Corporeal Jus in rem , jus in re propria  I have a coin in my pocket which is the corporeal thing  Owing  a land , chattel is  a corporeal thing  Incorporeal  Jus in re aliena  The way of right which I own on my neighbourhood land is mere incoporeal thing  The right of recover debt vested in the creditor is a incoporeal  Sole and co ownership  When there are two or more owners it is a co ownership  Both the owner are equally liable for a debt rather than divided  If a debt of 1000 is pending each owner has  a debt of payment 1000 each rather 500 individually  When the two owner ship merges in one the sole ownership  When there is a partition ownership the debt payment of libel only individually  Common and joint  When the one of partner dies the heirs of the deceased partner  may take the place of the deceased it is called common partnership W...

  Precedent   Precedent are cases decision that are either declarative or original  Declarative   Authoritative  - decision of the superior courts    Absolute      House of Lords decision is final      The courts of appeal has no authority to question House of            Lords     The court of first instance is bound to the court of appeals.    Conditional       The decision of the court of appeal is binding on the court of first instance but conditional to the court of lords   Persuasive      These are decisions taken using historical facts    The decisions of the foreign courts , the judgment of Irish      courts and international courts  Original   When there is no other precedent the judges may create a new one to fill the void. Stare decisis  Orbiter dictum  Judges may s...

 Custom - It is one of the source of law but it is rejected by the English jurists  Savigny - approved custom but not Austin. Reasonable  the usage of custom law must be reasonable  Not because it has prevailed for so long if unreasonable will be replaced by statutory law. Immemorial time  How for man remembers the origin of custom is the question  If the custom has been in practise for more than centuries it is unquestionably law anywhere between 12 and 19 century  If it traced its origin before 20 years then  it is a question of dispute. In line with statutory law The recent customs should be Adjusted to Current statutory laws otherwise it will be replaced that is why a lot of custom As been abondoned because the people who practise left it alone. Necessity  Custom why popular Since it is the law that existed before statutory  It is the law of the society rather than the state.  Custom and prescription  The inheritance of lan...

 Philosophical school Socrates, plato, aristotle Historical school  Savigny  Custom - it is the law by itself it does not get recognition from the state . It is independent source . Realistic school Analytical school They opposed the historical sources of law and established the legislation , percedent and statues would be the source of law. English jurists rejected customs.  Jeremy bentham Precedent - precedent are dogs law it does not exist until the dog disobeys.  John Austin  Custom - the custom is not source of law he rejects the historical use of law . The custom receives its recognition from the courts which are precedent.  salmond Sociological school

  Titles The synonym would be investitive  facts . Original title if I catch a fish from the sea I have the original title Derivate title If I sell the fish to  a vendor he holds a derivative title  Creation of titles Transfer of titles  Transfer of debt from A to B transfers the tittle  Destruction of titles When the debt is paid by means of receipt the debt title is thereby destroyed. Agreement  1) contract  2)grants - creating rights 3)assignment- transfer of rights 4)releases- destruction of rights Agreements (private)and legislation (public) Agreements valid and void and void able  Invalid agreement  1) incapacity  2) error  3) mistake 4)illegal  5) want of consideration  

Definition of state The political society comprises of human being established for means for achieving certain things It is different from a society such as church , university  It lies in the function of state for peace order and civilisation. Functions of state War and administration of justice War   To maintain peace for the state from alien enemies and other states  It is extra judicial in nature The force the state used for the rights of the state which is war It requires no trial  Riot or rebellion is suppressed by force Administration of justice Maintain orderly peace with the state It is judicial in nature  Applied through the process of courts and arbitration  It is the judicial judgment for the declaration of rights  Secondary functions of state Legislation and taxation  Membership of the state  Citizenship and residence The former is title permanent and the latter temporary  Citizenship is acquired by  1) birth in British...

Nature of personality  Natural and legal(fictious) persons Legal status of animals The animals or beasts has no rights in the law But the duties of man is to treat them as a civilised person do behave in a society. Legal status of dead person  Legal status of  unborn person Corporation  Aggregate and sole  Creation and extinction  Acts of corporations  Use of  corporation  State as corporation 

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...