Objectives

that applies to our own domestic situation as evidence of our support for the international agreements. iii. Several other Commo ...

4.0 CONCLUSION The organs of government are Legislatives, Executive and Judicial. Each is required to be separate from one anoth ...

Griffiths, L, Heibronn, GN, Kovacs, D, Latimer, P & Tucker, R (1993). Introducing the Law. Sydney: CCH. High Court of Austra ...

MODULE 2 COURT PROCESS Unit 1 Judicial Precedent Unit 2 Statutory Interpretation Unit 3 Criminal and Civil Procedure Unit 4 Law ...

2.0 OBJECTIVES On Successful completion of this unit, you should be able to: describe, explain, illustrate and critique the Nig ...

Overruling: occurs when a higher court decides that a proposition of law expounded by a lower court was wrong. The higher court ...

3.2.2 Court Practices Regarding Precedent To deal with the first of these enquiries you need to know in some detail the Federal ...

3.3.1 Facts The plaintiff was with a friend who purchased a bottle of ginger beer for her. The shop keeper opened the bottle of ...

We will return to discuss the ratio in some depth later. SELF ASSESSMENT EXERCISE 1 Without looking at the text, attempt to defi ...

Remembering that since the res judicata principle binds the parties to the particular case, the very specific facts of the case ...

seemed to think was material. Accordingly, the ratio of the precedent case (which is in essence the material facts plus the deci ...

One area where the courts have hesitated before extending the ratio is into the area of economic or financial loss. Between 1932 ...

3.8 Obiter Dictum As noted previously, it is only the ratio of a case that is binding on another court. Contrast a statement whi ...

might quite readily adopt an obiter remarks because it makes good sense even though the material facts may be different. Also ba ...

UNIT 2 STATUTORY INTERPRETATION CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 Complexity of Legal Drafting 3.2 P ...

3.0 MAIN CONTENT 3.1 Complexity of Legal Drafting The law on any particular subject comes either from the common law, equity or ...

Acts of Parliament so complex. The English language often does not allow Statutes (and legal documents) to be drafted simply and ...

g. Looking at the table of provisions what section provides, for making of regulations? h. Definition section or dictionary 3.2 ...

To assist courts to interpret statutes, a number of principles and rules have been adopted over the years. These rules are not n ...

not the concern of the courts but rather of Parliament and the injustice can be remedied by Parliament. b. Golden Rules: A gloss ...