LAW 102 Legal Methods II

BAZE UNIVERSITY, ABUJA
FACULTY OF LAW
COURSE CODE: 102
COURSE TITLE: LEGAL METHODS II
COURSE OUTLINE & STUDY PLAN
WITH
LECTURE NOTES
TABLE OF CONTENTS
Page
1.0 INTRODUCTION ………………………………… 1

2.0 COURSE AIMS …………………………………… 1
3.0 COURSE OBJECTIVES …………………………… 2
4.0 WORKING THROUGH THIS COURSE …………... 2
5.0 COURSE MATERIALS ……………………………. 2-3
6.0 STUDY UNITS ……………………………………… 3
7.0 REFERENCES ………………………………………. 3-4
8.0 ASSIGNMENT FILE ………………………………....4
9.0 TUTOR MARKED ASSIGNMENT …………………4-6
10.0 HOW TO GET THE MOST FROM THIS COURSE .. 6-8
11.0 SUMMARY …………………………………………. 8
BAZE UNIVERSITY
FACULTY OF LAW
LEGAL METHOD II
(LAW102)
COURSE CONTENT
BAZE UNIVERSITY MOTTO: Learn, To Live.
GOAL OF LEGAL EDUCATION: To train students to become Competent lawyers,
conscious of Social Justice and Ethical Values.
PHILOSOPHY OF LEGAL EDUCATION: The program is committed to outcome-based,

learner-centered legal education, that integrates knowledge, skills and value competences.
LLB LEARNING OBJECTIVES:

The Bachelor of Law degree will:
1. Prepare the students to practice law with professional excellence and commitment to
fairness, justice, compassion, and the highest ethical standards
2. Develop in the students, the knowledge and competencies that will enable them to
succeed in a wide range of careers, leadership at the bar, the bench, the academia, the
public and private sectors.
3. Prepare the students to serve the community, accommodating disadvantaged members of
society and dedication to the preservation of human dignity and the common good.
4. Train the students to appreciate the synergy between the law and other disciplines and
profession.
5. Prepare the students for the ever-evolving, diverse and globalized environment.
COURSE DESCRIPTION:
This course discusses the primary sources of law i.e. statutory materials and judicial materials, the
secondary sources of law i.e. books, pamphlets, letters, speeches, interviews, periodicals and
newspapers, foreign materials. It also introduces students to the use of source materials i.e. the law
library and legal research, indexing and identification of library materials, how to brief a case,
judicial precedents and obiter dictum in Nigerian case law legislation. Students are also exposed to
legal writing methods and approaches in essay writing as well as research methods. Other areas in
the course include preliminary procedure in legal research, law reports, law journals and law
review.
COURSE OBJECTIVES:
Legal Method provides the foundation of legal knowledge necessary for students starting a law
programme. The main objective of the course is to introduce students to statutory and judicial
materials as well as other secondary sources of law which form the basis for legal research. It is
desired that at the completion of the course, students should gain a clear understanding of what
constitutes the primary and secondary source materials, the essence of legal research, what a law
library is, who a law librarian is and the different resources found in a library. They should
understand the importance of cataloguing and classification schemes. Students through their
understanding of indexing should also be able to effectively search and find cases in law reports.
Furthermore, they should be able to list and explain the different types of legal writing methods and
approaches in essay writing.
LESSON OUTCOMES
Each lesson lists specific learning outcomes to be achieved in relation to the material covered in
that lesson.
COURSE CONTENT
 Sources of Law
Primary and Secondary Sources of Law
(the secondary sources of law; Distinguishing between primary and secondary sources of law);
 Case Briefing
(Significance of Case law, Components of a Brief, How to Brief a Case.
 Legal Research and Use of Materials
(the scope, form and process of legal research; Analysing the role of legal research in the study of
law and in legal practice; the scope of legal research in given case studies; Explaining legislation
that may be found within the Laws of the Federation of Nigeria; Finding (with ease) relevant
legislation in the Laws of the Federation of Nigeria; Authoritative elements of legal textbooks.
 Legal Research and Use of Library
Using an index of a law report to find/locate cases relevant to an issue or topic in the related law
report; Finding a cited case in a law report using the given citation; Use the library effectively,
correctly and ethically; Conducting primary legal research);
 Legal Writing
(aspects of legal writing skills, particularly: Structuring written arguments; properly referencing
research materials; and presenting written work in a scholarly manner);
 Expectations from the anticipated Legal Career.
SKILLS AND VALUE CONTENT

The lesson and activities will develop and integrate contents focused on developing critical skills
and value necessary to competently conduct legal research using both primary and secondary source
materials as well. Other skills that will be developed include writing and effective communication
skills.
TEACHING APPROACH (S):

The teaching approach for the course will involve a combination of these:
1. Students-Centred Learning
2. A lecture-based and problem-solving learning approach.
3. Discussions, Debates and Presentations.
4. Multiple group work which will be included as part of the pre-class activities and
assignments.
REQUIRED COMPETENCE FOR THE COURSE

During the course, students would be required to:
i. Properly manage the workload of the course by preparing their notes and reading before
each scheduled class.
ii. Research on the course by gathering information from various sources of law i.e. textbooks,
law reports, laws of the federation and some credible online data.
iii. Conduct research using both statutory and judicial materials.
iv. Identify and solve practical legal problems in the form of case studies with the aid of
judicial and statutory materials.
v. Write essays using the legal writing skills acquired during the progress of the Course.
vi. Contribute constructively in class discussions and debates. The involvement of all students
is mandatory as contributions made in class may form part of student assessment.
COURSE ASSESSMENT
Throughout the course, there will be in-class assessments given at intervals. However, there will be
a continuous assessment test with feedback that will be given in the 8 /9th week and an end of
th
semester examination. The breakdown of the course assessment is as follows:

Continuous Assessment 30%:
 Test:10 Mks
 Long Essay:10 Mks
 Assignment :10Mks
Total 100%
RECOMMENDED TEXTS:
 Introduction to Nigerian Legal Method Abiola Sanni
2nd Edition, 2006. ISBN: 9781361547 (OAU Press)
 The Nigerian Legal Method Ese Malami,
2nd Edition, 2012. ISBN: 9789789060467
 Introduction to Legal Methods
C.A. Agbebaku, E.E. Obarisiagbon, E.E. Akhigbe & A.A. Tijani Revised Edition, 2016
 Introduction to Nigerian Legal Method Farrar & Dugdale 3rd Ed., Sweet & Maxwell.
 Introduction to Legal Research Methodology Prof Yusuf Aboki
 Glanville Williams Learning the Law 15th Ed. Page 4
LEGAL METHOD II - LESSON PLAN
LESSON 1 & 2
TOPIC: Introduction to legal method II/ Sources of Law in Nigeria: Primary Sources
CONTENTS
 Introduction to Legal Method II
 Sources of law
 Primary sources of law
LEARNING OUTCOMES
At the end of the lesson, students would be able to:
1. Have an overview of the course content of Legal Method II
2. Define the term sources of law.
3. Identify the primary sources of law in Nigeria.
4. Examine Received English law, Nigerian Legislation, Customary law,
international law and Case Law.
5. Discuss the significance of acquiring the knowledge of sources of law
6. Identify and discuss the laws that apply to any legal issue based on case studies.
ACTIVITIES
PRE-CLASS ACTIVITIES
1. Write down all the topics that will be taken under Legal Method II
2. Explain what you understand by the concept “sources of law”.
3. Write a short note on the received English Law.
4. Explain legislation as a source of law
5. Discuss the concept of delegated legislation and provide examples.
6. What is case law; how does it arise; and how is it applied?
7. What are law reports and List at least 5 examples of law reports in Nigeria.
8. What are the features of Nigeria Customary law?
9. What test would a customary law pass before it is recognized and enforced by the court?
10. How does international law become enforceable in Nigeria? See section 12 of the 1999
Constitution.
11. Provide at least 5 reasons why the knowledge of the various sources of law in Nigeria is
relevant to a prospective legal practitioner.
12. James Ajayi and Musa Jacobs are arraigned before Justice Salami Richards at the Maitama High
Court Abuja for the offence of murder. As a prospective legal practitioner, provide at least four
statutory materials that will be resorted to in the course of prosecuting their case.
IN-CLASS ACTIVITIES
1. Class introduction- KYT/KYS (Know your teacher/know your student)

2. Overview of the Semester Syllabus
3. Presentation of pre-class assignments 1-10
4. Group discussion and harmonization of answers to pre-class assignments 11 and 12
5. Group presentation of harmonized answers to pre-class assignments 11 and 12 by selected
speaker for each group
6. Teachers Overview of Lesson outcomes 1-6
7. Concluding feedback from teacher on presentations and group discussions
8. Feedback from students on the lesson
RESOURCES
 Abiola Sanni Introduction to Nigerian Legal Method pgs 245-257

 Section 32 of the Interpretation Act CAP I23 L.F.N. 2004
LESSON 3
TOPIC: Secondary Sources of Law
CONTENTS
 Sources of law
 Secondary sources of law
LEARNING OUTCOMES
1. Discuss the term “secondary sources of law” in Nigeria;
2. List and elaborate on at least seven (7) secondary sources of law.
3. Distinguish between primary and secondary sources of law
4. Use secondary sources of law in addressing legal problems.
5. Discuss the significance of acquiring the knowledge of sources of law
ACTIVITIES
1. Explain what you understand by “secondary sources of law”.

2. List seven (7) materials that constitute secondary sources of law. Give reasons why each
constitutes a source of law.
3. What are the factors that determine or enhance the authority or reliability of secondary
sources?
4. What distinguishes secondary sources of law from primary sources?
5. What is the relevance of secondary sources of law in addressing legal questions?
6. State at least five (5) reasons for studying the sources of Nigerian law
7. BB is a first year law student. As part of her continuous assessment in Legal Method she is
required to attend a sitting of a High Court of the Federal Capital Territory to watch the
court proceedings and write a report of her observations. She visited the court on
Wednesday 2 March 2016. A case was called up by the court registrar, who announced that
nd
it was for judgment. The following occurred in the course of delivery of judgment by the
court, presided over by Justice Wits.
i. Justice Wits in his judgment pointed out that he will not follow the decision of the Court
of Appeal in a similar case because the Court of Appeal erred in that decision.
ii. The judge was referred to a judgment of the Supreme Court; but he pointed out that the
case decided by the Supreme Court, even though similar to the one before him, has some
material differences in facts and issues from the one before him. He therefore refused to
follow that Supreme Court’s decision.
iii. He also refused to adopt an opinion expressed in a textbook authored by a renowned
scholar, which a Counsel in the matter had relied upon in his address to the court.
iv. He rejected a customary law of the plaintiff’s community that permits a creditor to
subject his debtor to slavery; which plaintiff relied on in his argument.
v. However, the judge adopted the definition of a particular term as contained in the
Black’s Law dictionary.
BB is considering the extent to which the decisions of the presiding judge above are valid, and
approaches you for your opinion. Advise him.
IN-CLASS ACTIVITIES
1. Presentation of pre-class assignments 1-5 -30mins

2. Brainstorm on the answer to pre-class assignments 6 -10mins
3. Group discussion and harmonization of answers to pre-class assignment 7 -10mins
4. Presentation of pre-class assignments 6 -20 mins
5. Teachers review of lesson –
6. Concluding feedback from teacher on presentations and group discussions -40mins
7. Feedback from students on the lesson -5mins
RESOURCES
Abiola Sanni Introduction to Nigerian Legal Method pgs 257-262
LESSON 4
TOPIC: Case Briefing I
CONTENTS
 Case Law (Law reports)
 How to Brief a Case
LEARNING OUTCOMES
1. Discuss Case law as a primary source of law.
2. Understand the significance of case law and its role in legal education and practice.
3. Extract the ratio of a case.
4. Extract the ratio of an Appeal Court case
ACTIVITIES
1. Write a short note on your understanding of Case law.
2. What is meant by the term ‘binding precedent’?
3. Writes short notes on the following:
1. Ratio Decidendi
2. Obiter Dictum
4. Outline at least five (5) significance of case law to legal education and practice.
5. Identify the ratio(s) and obiter in judgment sample provided.
6. Extract the ratio of the case of MADUKOLU V. NKEMDILIM (1962) 1 All NLR 587 (A
copy of the complete judgment will be emailed to students).
IN-CLASS ACTIVITIES
1. Overview of Pre-Class activities and submission of pre-class assignment 7 -10mins
4. Teachers review of lesson – -40mins
RESOURCES
Abiola Sanni Introduction to Nigerian Legal Method pgs 257-262
LESSONS 5 & 6
TOPIC: - Case Briefing II
CONTENT:
 Valid Components of Brief
 FIRAC Method of case briefing
 Practical application of precedent to facts of a case.
LEARNING OUTCOMES
1. List and explain the valid components of a case brief.
2. Use the FIRAC method to brief a case
3. Identify the importance of acquiring the skill of case briefing to legal education and practice
4. Find a cited case in a law report using the given citation
ACTIVITIES
1. What is brief Writing?
2. Write short notes on the following components of a Case Brief:
Title and Citation
Facts of the Case
Procedural History (PH)
Issues
i. Applicable Rule of Law
ii. Analysis
iii. Judgment/Conclusion
iv. Dissenting Opinion
v. Case briefing is an essential skill for students of Law to acquire. Discuss
3. What is your understanding of the term ‘FIRAC’
4. Get the case of Institute of Health Ahmadu Bello University Hospital Management
Board vs. Mrs. Jummai R. I. Anyip ( 2011) 12 NWLR (pt. 1260) 1 and do the following:-
i. Write out the suit number.
ii. How many pages is the judgment?
iii. What court decided the case?
iv. Write out the names of the judges. What is the name of the presiding judge?
v. How many judges decided the case and why?
vi. Write out the dissenting judgment. State the name of the judge who dissented.
5. Using the FIRAC method, brief the case of Institute of Health Ahmadu Bello University
Hospital Management Board vs. Mrs. Jummai R. I. Anyip ( 2011) 12 NWLR (pt. 1260) 1.
IN-CLASS ACTIVITIES
1. Overview of Pre-Class activities and submission of pre-class assignment 6 -10mins
3. Group discussion and harmonization of answers -30 min
to pre-class assignment 5
4. Teachers review of lesson -40mins
RESOURCES
How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of
Law: Cases and Materials, Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi
accessed from https://www.lexisnexis.com/en-us/lawschool/pre- law/how-to-brief-a-case.page.
LESSON 7
TOPIC: Legal Research and Use of Materials/Sources I
CONTENTS
 Legal research
 Use of Judicial and Statutory Materials
LEARNING OUTCOMES
1. Discuss the scope, form and process of legal research;
2. Analyse the role of legal research in the study of law and in legal practice;
3. Find (with ease) relevant legislation in the Laws of the Federation of Nigeria;
4. Use an index of a law report to find/locate cases relevant to an issue or topic in the related
law report;
ACTIVITIES
Pre-class Activities
1. Identify circumstances which may give rise to the need to ascertain what the law is or says
about a particular issue.
2. How would you ascertain what the law is or says about a particular legal issue or problem?
3. Define Legal Research.
4. Identify electronic and print materials you may consult during a legal research and mention
where they may be sourced.
5. What does legal research entail?
6. Discuss at least six (6) reasons why legal research is important to legal education?
7. Discuss the five-step legal research process (F - I - L - A - C) identified by Maureen
Fitzgerald.
8. Discuss how you should use primary and secondary sources of law in the course of your
research.
In-Class Activities
1. Teacher review of lesson -5mins
3. Group discussion /harmonization of answers to pre-class assignments 5-8 -10mins
4. Group presentation of harmonized answers by selected speaker for each group-30mins
5. Demonstrations and practice on identifying legislation from the LFN -15mins
6. Demonstrations and practice on identifying cases from law reports (NWLR) -15mins
7. Demonstrations and practice on using index of law reports to identify and locate relevant
case law -15mins
RESOURCES
 Lecture note: Legal Research and Use of Sources
 Abiola Sanni Introduction to Nigerian Legal Method pgs 263-283
LESSON 8
TOPIC: Legal Research and Use of Materials/Sources II
CONTENTS
 Authoritative elements in books
LEARNING OUTCOMES
1. Identify some foreign and local legal textbooks as authoritative and persuasive;
2. List types of legal textbooks that are authoritative.
ACTIVITIES
1. When can a book be said to be authoritative?

2. List three foreign and three local authors whose eminent works are considered authoritative
by courts of law.
3. When do courts make reference to books as authoritative sources of law?
4. Legal textbooks have authoritative elements in them. Nevertheless, their contents are not
binding on the courts. Discuss
5. Mr James Justice Esq was briefed to handle a case that dealt with interstate succession of a
deceased Yoruba man. In the course of the trial, he made reference to an authoritative text
called Family Property amongst the Yorubas written by Coker J. The opposing counsel Mrs
Beatrice Bello Esq cited the case Supreme Court case of Adebola Williams v. Olusegun
Apati which was precedent on how interstate succession of the property of a Yoruba man
should be shared. In delivering its judgment, Justice Idris Kalu aligned himself with case of
Adebola Williams v. Olusegun Apati on the disposition of the property of the deceased and
the matter was decided in favor of Mrs Bello’s client.
Mr James Justice Esq is unhappy with the decision of the court because he felt that the
proper position of the law was that which was expressed in the book written by Coker J who
was a renowned author so recognized by the courts in Nigeria. He wants to appeal. What are
Mr James Justice Esq chances of succeeding on appeal on this singular ground?
IN-CLASS ACTIVITIES
1. Group discussion /harmonization of answers to pre-class assignments 1- 4 -10mins
4. Group presentation of harmonized answers by selected speaker for each group-25mins
5. Teacher review of lesson -
30mins
6. Concluding feedback from teacher on presentations and group discussions. -10mins
RESOURCES
 Abiola Sanni Introduction to Nigerian Legal Method
 Imiera, P.P. Knowing the Law (2005). Fico Nigeria Ltd (FHM): Lagos, Nigeria
 Dada, T.O. General Principles of Law (1994), T.O Dada & Co.: Lagos, Nigeria.
 Slapper & Kelly, (2004). The English Legal System 7th ed. Cavendish publishing Ltd:
London.
LESSONS 9 & 10
TOPIC: Legal Research and Use of Library
CONTENTS
 Legal research
 Use of library
LEARNING OUTCOMES
1. Understand the function of a law library and role of a librarian 2. List the kind of books found in
a physical library
3. Discuss the use of E-library
4. Use the library effectively, correctly and ethically.
5. Conduct primary legal research based on case studies
ACTIVITIES
1. Write short note on your understanding of what a library is.

2. From your perspective, what do you consider as the role of a law librarian?
3. The library is to a lawyer what the laboratory is to a scientist. Do you agree? Discuss.
4. List at least 10 examples of primary and secondary source materials that are found in the Baze
Library.
5. Author Glanville Williams in the course of advising law student made the following
observation:
“The great disadvantage of confining oneself to textbooks and lecture notes is that it means taking
all one’s law at second hand. The law is contained in statutes and judicial decisions. What the text
writer thinks is not, in itself, law. He may have misinterpreted the authorities and the reader who
goes to them goes to the fountain head.”
Write down your thoughts on the above statement having regard to your understanding of the
various sources of law.
6. Visit the library and do the following:

i. Ask for and obtain the Baze Library Rules and Regulations.
ii. Write the names of the various law reports available in the library and their
abbreviations.
iii. Check for the indexes of law reports and write down the law reports that have these
indexes.
iv. Open the indexes and observe how the cited cases and the subject-matter they treat are
arranged. Write down your observations.
v. Check for and list the various state and federal legislation available in the library.
vi. Locate the shelves where the Laws of the Federation of Nigeria are stacked. Take a
look at the front and back cover and the spine; open some copies and observe how
various pieces of legislation are arranged in each copy. Write down your observations.
7. Based on the provisions of the Baze Library Rules and Regulations, what are some ethical
considerations that a law student/researcher should bear in mind in using a law library?
8. Using the 2011 & 2012 NWLR Index, write down at least three (3) cases (properly cited) that
may be used as precedent for the following legal issues:
i. Hierarchy of Courts
ii. Content of a Statement of Claim
iii. Bail Application
iv. Negligence
v. Proof of customary law
IN-CLASS ACTIVITIES
1. Teacher review of lesson -10mins

3. Group discussion and harmonization of answers to pre-class assignments 5-8 -10mins
4. Group presentation of harmonized answers by selected speaker for each group. -45mins
RESOURCES
 Abiola Sanni Introduction to Nigerian Legal Method
 Baze Library Rules and Regulations
***LESSON 11
TOPIC: Continuous Assessment Test CONTENT:
 Students will be tested on the primary and secondary sources of law, Case briefing and the
elements of legal research.
 Students will be given a long essay to write on which will be submitted during the course of
the week.
CLASS ESSAY :
“A good lawyer is the one who knows the law, a better lawyer is the one who knows where
to find the law while the best lawyer is the one who knows the law and where and how to
find the law”. Discuss
LESSON 12 & 13
TOPIC: Legal Writing I
CONTENTS
• Legal Writing
OUTCOMES
1. Discuss aspects of legal writing;
2. Discuss the components of good legal writing
3. Practically apply these components.
4. Further discuss and practice aspects of legal writing skills, particularly: Structuring
written arguments; properly referencing research materials; and presenting written work in a
scholarly manner.
ACTIVITIES
1. What is writing and what does writing entail?

2. Define legal writing.
3. A good legal writing should be accurate, brief, clear, orderly and original. Discuss
4. Identify areas legal writing is required in the study of law and legal profession.
5. Explain contribution to knowledge.
6. Explain referencing.
7. What is the meaning of citation in legal writing?
8. Read the Faculty of Law Formatting and Citation Guide and Part II NALT Style Guide and
answer the following:-
i. What is the referencing style that has been adopted by the Faculty of Law, Baze
University and the prescribed format in terms of font, spacing and word count?
ii. Pick any book and properly cite.
iii. Pick any journal and cite any work in it.
iv. Pick a law report and cite any case reported in it.
v. Pick out and statute from the Laws of Federation and properly cite same.
IN-CLASS ACTIVITIES
1. Teacher’s review of lesson -15mins
3. Demonstrations of pre-class 4 -40mins
RESOURCES
 Lecture note: Legal Writing
 Ese Malemi, The Nigerian Legal Method
LESSON 14 & 15
TOPIC: Legal Writing II
CONTENTS
• Essay Writing
OUTCOMES
1. Understand essay writing.
2. Discuss the classifications of research essays
3. Discuss the various stages in essay writing
4. Discuss the scope and rationale of plagiarism rules and how to avoid plagiarism in legal writing.
5. Handle the task of writing law essays;
6. Structure written arguments.
ACTIVITIES
1. In your own words, what is constitutes an essay?
2. What is an essay?
3. Outline the structure of an essay.
4. Breakdown the stages in essay writing.
5. What are the basic things to note in writing an essay?
6. What is meant by aim and objectives of a written essay?
7. What does expected findings in an essay mean?
8. What is plagiarism?
9. What are the rules on plagiarism?
10. Discuss ways by which plagiarism can be avoided.
11. Prepare for in-class activity number 3.
IN-CLASS ACTIVITIES
1. Teacher’s review of lesson -10mins
2. Presentation of pre-class assignments 1-10
3. Making use of relevant materials, write short note on adjudicatory method of dispute
resolution -45mins
4. Concluding feedback from teacher on presentations and group discussions - 10mins
5. Feedback from students on the lesson -10 mins
RESOURCES
 Lecture note: Legal Writing
 Ese Malemi, The Nigerian Legal Method
 Avoiding Plagiarism, http://tcd-ie.libguides.com/plagiarism/what-is-plagiarism
LESSON 16 & 17
TOPIC: The Legal Profession and its Career Opportunities
CONTENTS
 The Legal Profession and its Opportunities
LEARNING OUTCOMES
1. Identify who is a legal practitioner;
2. Identify the rights or entitlements that legal practitioners exclusively enjoy.
ACTIVITIES
1. Write a short note on the history of the legal profession in Nigeria
2. Who is a legal practitioner?
3. Who are the members of the Bench and who are the members of the Bar?
4. Distinguish between the Bench and the Bar.
5. What is the role of a solicitor?
6. What is the role of a Barrister?
7. What are the requirements to be a legal practitioner in Nigeria?
8. What does the phrase “ fit and proper” mean?
9. List the categories of responsibilities of a legal practitioner in Nigeria and write out one rule
under each category.
10. The nobility of the legal profession requires lawyers to exhibit exemplary character traits and
deal ethically with their clients. Discuss
11. Mr. Lucas has just been admitted into the Faculty of Law, Baze University. Being a fresher,
he desires to know the various opportunities that will be available to him when he graduates
in his chosen line of career. Explain to him who a legal practitioner is in the Nigerian context
and five (5) careers a legal practitioner may be involved at the end of his studies.
IN-CLASS ACTIVITIES
1. Group discussion of pre-class assignments 1-10
2. Presentation of pre-class assignments- 1-9
3. Presentation of pre-class assignments 9
4. Teachers Overview of lesson outcomes 1 & 2
5. Concluding feedback from teacher on in-class activity
6. Feedback from students on the lesson
RESOURCES
Legal Practitioner’s Act L11 LFN 2004
Rules of Professional Conduct for Legal Practitioners
LESSON 18
TOPIC: Revision
CONTENT:
Revision on the Sources of Law, Case briefing, Legal Research and Use of
Material, Legal Research and Use of Library, Legal Writing and the Legal Profession
1. Students are to come with questions on areas which are yet to be perfectly understood.
2. Answer revision questions provided:
1. As a law student and a prospective legal practitioner, what is the relevance of case briefing and
the purpose of a brief? -15mins
2. Discuss law reporting in Nigeria and provide 3 examples Nigerian Law Reports. -10mins
3. Discuss advantages and the challenges of law reporting in Nigeria. -10mins
4. Discuss five (5) attributes of good legal writing? -15mins
5. Briefly discuss the following components of a case brief by stating their relevance and function:
-20mins
1. Title and Citation
2. Procedural History (PH)
3. Applicable Rule of law
4. Dissenting Opinion
6. The law library is a law students power house. Do you agree? Discuss your view. -15mins
7. Using the FIRAC method, discuss the components of a case brief? -15mins
8. List and explain 4 Secondary sources of law. -10mins
9. The nobility of the legal profession requires lawyers to exhibit exemplary character traits and
deal ethically with their clients. Discuss -
1.0 INTRODUCTION
Legal Methods I and II is a two-semester course. You would have taken
the first part, Legal Methods 101 in the first semester. The second part,
Legal Methods II is a foundation level course. It will be available to all
students towards fulfilling core requirements for the degree in Law.
The course will discuss basic law principles. The material has been
developed to suit students in Nigeria by adapting practical examples
from within our jurisdictions.
This course guide tells you briefly what the course is about, what course
materials you will be using and how you can work your way through
these materials. It suggests some general guidelines for the amount of
time you are likely to spend on each unit of the course in order to
complete it successfully. It also gives you some guidance on your tutor-
marked assignments (TMAs). Detailed information on TMAs is found in
the separate assignment file, which will be available to you in due
course. There are regular tutorial and surgery classes that are linked to
the course. You are advised to attend these sessions.
What you will learn in this course
The overall aim of LAW 102 is to introduce the fundamental principles

and applications of sources of law. During this course you will learn
about primary sources of law, secondary sources, letters, speeches,
interviews, periodicals and newspaper and foreign materials as sources of
law. You will also learn how these materials serve as sources of law.
2.0 COURSE AIMS
The aim of the course can be summarized as follows: this course aims to
give you an understanding of general principles of law and how they can
be used in relation to other branches of law.
This will be achieved by aiming to:
(i) Introduce you to the basic sources of law;

(ii) Use of source materials;
(iii) Cite cases;
(iv) Take brief and write legal letters
LAW 102 Legal Methods II
3.0 COURSE OBJECTIVES
To achieve the aims set out above, the course sets overall objectives. In
addition, each unit also has specific objectives. The unit objectives are
always included at the beginning of a unit; you should read them before
you start working through the unit. You may want to refer to them during
your study of the unit to check on your progress. You should always look
at the unit objectives after completing a unit. In this way you can be sure
that you have done what was required of you by the unit.
Set out below is the wider objectives of the course as a whole. By

meeting these objectives you should have achieved the aims of the
course as a whole.
On successful completion of this course, you should be able to:
i. Explain the various sources of law;

ii. Differentiate the difference between statutory and judicial
materials;
iii. Use of source materials;
iv. Report and cite cases;
v. Write legal letters;
vi. Explain different styles of essay writing;
vii. Divide topics into chapter in project writing;
viii. Apply legal rules to social matters;
ix. Explain the structure of courts in the contemporary English
legal system; and
x. List hierarchy of the judiciary in the legal system.
4.0 WORKING THROUGH THIS COURSE
To complete this course you are required to read the study units, read set
books and other materials. Each unit contains self-assessment exercises,
and at points in the course you are required to submit assignments for
assessment purposes. At the end of the course is a final examination. The
course should take you about 12 weeks or more in total to complete.
Below you will find listed all the components of the course, what you
have to do and how you should allocate your time to each unit in order to
complete the course successfully on time.
5.0 COURSE MATERIALS
Major components of the course are:
1. Course guide;
2. Study units;
ii
3. Textbooks;
4. Assignment file; and
5. Presentation schedule.
In addition, you must obtain the set book; these are not provided by
NOUN, obtaining them is your own responsibility. You may purchase
your own copies. You may contact your tutor if you have problems in
obtaining these textbooks.
6.0 STUDY UNITS
These are 12 study units in this course, as follows:
Module 1
Unit 1 Sources of Law
Unit 2 Secondary sources of Law
Unit 3 Uses of source materials
Module 2
Unit 1 Legal research
Unit 2 Indexing and identification of library materials
Unit 3 Cases, citation of cases and reports
Unit 4 Methods and approaches in essay writing
Module 3
Unit 1 Analysis and note taking in legal matters
Unit 2 Authoritative elements in books and judicial opinion
Unit 3 Application of legal rules in social matters
Unit 4 The structure of courts in the contemporary English legal
system
Unit 5 The hierarchy of the judiciary in the English legal system
Each unit contains a number of self-tests. In general, these self-tests

question you on the materials you have just covered or require you to
apply it in some way and, thereby, help you to gauge your progress and
to reinforce your understanding of material. Together with TMAS, these
exercises will assist you in achieving the stated learning objectives of the
individual units and of the course.
7.0 REFERENCES
There are some books you should purchase for yourself:
Imiera, P. P. (2005). Knowing the Law FICO Nig. Ltd, (FMH) Lagos,
Nigeria
iii
Dada, T. O. (1998). General Principles of Law, T.O. Dada & Co. Lagos,
Nigeria
Obilade, A.O. (1994). The Nigerian Legal System, Sweet & Maxwell,
London.
7.0 ASSIGNMENT FILE
In this file you will find all the details of the work you must submit to
your tutor for marking. The marks you obtain for these assignments will
count towards the final mark you obtain for this course. Further
information on assignments will be found in the Assignment file itself
and later in this course guide in the section on assessment. You are to
submit five assignments, out of which the best four will be selected and
recorded for you.
Presentation schedule
The presentation schedule included in your course materials gives you

the important dates for this year for the completion of TMAS and
attending tutorials. Remember, you are required to submit all your
assignments by the due date. You should guard against falling behind in
your work.
Assessment
There are two aspects to the assessments of the course. First are the
TMAs, second, there is a written examination.
In tackling the assignments, you are expected to apply information,
knowledge and techniques gathered during the course. The assignments
must be submitted to your tutor for formal assessment in accordance with
the deadlines stated in the presentation schedule and the Assignment file.
The work you submit to your tutor for assessment will count for 30% of
your total course mark.
At the end of the course you will need to sit for a final written
examination for three hours duration. This examination will also count
for 70% of your total course mark.
9.0 TUTOR-MARKED ASSIGNMENTS (TMAS)
There are five tutor-marked assignments in this course. You only need to
submit four of five assignments. You are encouraged, however, to submit
all five assignments, in which case the highest four assignments count
for 30% towards your total course mark.
Assignment questions for the units in this course are contained in the
Assignment file. You will be able to complete your assignments from the
information and materials contained in your set books, reading, and study
iv
units. However, it is desirable in all degree level education to

demonstrate that you have read and researched more widely than the
required minimum. Using other references will give you a broader
viewpoint and may provide a deeper understanding of the subject.
When you have completed each assignment send it together with a TMA
form to your tutor. Make sure that each assignment reaches your tutor on
or before the deadline given in the presentation schedule and Assignment
file. If, for any reason, you cannot complete your work on time, contact
your tutor before the assignment is due to discus the possibility of an
extension. Extensions will not be granted after the due date unless there
are exceptional circumstances.
Final examination and grading
The final examination for LAW 102 will be of two hours duration and
have a value of 70% of the total course grade. The examination will
consist of questions that reflect the types of self-testing, and tutor-
marked problems you have previously encountered. All areas of the
course will be assessed.
Use the time between finishing the last unit and sitting the examination
to revise the entire course. You might find it useful to review your self-
assessment exercises, TMAs and comments by your tutorial facilitator
before the examination. The final examination covers information from
all parts of the course.
Course marking scheme

The following table lays out how the actual course mark allocation is
broken down:
Continuos Assessment Marks
C.As 1- 3 Maximum of five (05) assignments, best three marks of
the five count at 30% of course marks.
Final examination 70% of overall course marks
Total 100% of course marks
Table 1 course-marking scheme
Course overview
This table brings together the units, the number of weeks you should take
to complete them and the assignments that follow them.
Weeks Assessment
Unit Title of work activity (end of unit)
Course Guide Week 1
1. Sources of Law Week 1
2. Secondary sources of Law Week 2 Assignment 1
3. Uses of source materials Week 3
v
4. Legal research Week 4

5. Indexing and identification of library Week 5 Assignment 2
materials
6. Cases, citation of cases and reports Week 6
7. Methods and approaches in essay Week 7 Assignment 3
writing
8. Analysis and note taking in legal Week 8
matters
9. Authoritative elements in books and Week 9
judicial opinion
10. Application of legal rules in social Week 10 Assignment 4
matters
11. The structure of courts in the Week 11
contemporary English legal system
12. The hierarchy of the judiciary in the Week 12 Assignment 5
English legal system
Revision Week 13
Examination Week 14
Table 2-Course organizer
How to Get the Most From this Course
In distance learning the study units replace the university lecturer. This is
one of the great advantages of distance learning; you can read and work
through specially designed study materials at your own pace, and at a
time and place that suit you best. Think of it as reading the lecture
instead of listening to a lecturer. In the same way that a lecturer might
recommend some reading, the study units tell you when to read
recommended books or other material, and when to undertake practical
work. Just as a lecturer might give you an in-class exercise, your study
units provides exercises for you to do at appropriate times.
Each of the study units follows a common format. The first item is an
introduction to the subject matter of the unit and how a particular unit is
integrated with the other units and the course as a whole. Next is a set of
learning objectives. These objectives let you know what you should be
able to do by the time you have completed the unit. You should use these
objectives to guide your study. When you have finished the unit you
must go back and check whether you have achieved the objectives. If
you make a habit of doing this you will significantly improve your
chances of passing the course.
The main body of the unit guides you through the required reading from
other sources. This will usually be either from your recommended books
or from a readings section. Self-assessment exercises are interspersed
vi
throughout the units, and answers are given at the end of units.
Working through these tests will help you to achieve the
objectives of the unit and prepare you for the assignments and
the examination. You should do each self-assessment exercise as
you come to it in the study unit. There will also be numerous
examples given in the study units; work through these when you
come to them, too.
The following is a practical strategy for working through the
course. If you run into any trouble, telephone your tutorial
facilitator or visit your study centre. Remember that your tutor’s
job is to help you. When you need help, don’t hesitate the call
and ask your tutor.
1. Read this course guide thoroughly

2. Organize a study schedule. Refer to the ‘Course
overview’ for more details. Note the time you are expected to
spend on each unit and how the assignments relate to the
units. Important information, e.g details of your tutorials, and
the date of the first day of the semester is available. You need to
gather together all this information in one place, such as your
diary or a wall calendar. Whatever method you choose to use,
you should decide on and write in your own dates for working on
each unit.
3. Once you have created your own study schedule, do
everything you can to stick to it. The major reason that
students do not perform well is that they get behind with their
course work. If you get into difficulties with your schedule, please
let your tutor know before it is too late for help.
Pre-class Activities
There are pre-class activities as already indicated in your Course

outline and Study plan posted to your google classroom. The pre-
class activities will profoundly enhance your understanding of the
entire contents of this course. T h e y a r e a s g o o d a s y o u r
assignments.
As part of the class activities, your teacher will engage you in
interactive session over the pre-class activities by way of review.
Eventually, the teacher will mark and comment on your
assignments, keep a close watch on your progress and on any
difficulties you might encounter and assistance will be
p r o v i d e d . You must submit your tutor-marked pre-class
assignments to your teacher well before the due date (at least
two working days are required). They will be marked by your
teacher and returned to you as soon as possible.
vii
You should try your best to attend classes promptly and regularly. This is the
only chance to have face to face contact with your teacher and to ask
questions which are answered instantly. You can raise any problem
encountered in the course of your study. To gain the maximum benefit
from the pre-class activities prepare a question list before attempting them.
You will learn a lot from participating in discussions actively.
Some of the questions you may be able answer are but, not limited to the
following:
1. What there are differences between primary and secondary

sources of law?
2. What are the major points of departure between the English and
Nigerian hierarchy of courts?
3. Why legal research is important to academic and legal
development?
4. What is the major reason why legal practitioners take notes when
interviewing clients?
5. Why are citations of cases important during court proceedings?
6. Why are legal textbooks having authoritative elements not binding
on the court?
7. How do courts apply legal rules in social matters?
10.0 Summary
Of course the list of questions that you can answer is not limited to the
above list. To gain the most from this course you should try to apply the
principles that you encounter in every day life. You are also equipped to
take part in the debate about legal methods.
We wish you success with the course and hope that you will find it both
interesting and useful.
viii
Table of Content
Page
Lesson 1
Unit 1 Sources of Law …………………………… 1-4

Unit 2 Secondary Sources of Law ……………….. 5-11
Unit 3 Uses of Source Materials ………………….12-18
Lesson 2
Unit 1 Legal Research …………………………….. 19-27

Unit 2 Indexing and Identification of Library
Materials …………………………………… 28-33
Unit 3 Cases, Citation of Cases and Reports ………. 34-38
Unit 4 Methods and Approaches in Essay Writing …39-45
Lesson 3
Unit 1 Analysis and Note Taking in Legal Matters 46-51

Unit 2 Authoritative Elements in Books and
Judicial Opinion ………………………….. 52-57
Unit 3 Application of Legal Rules in Social
Matters …………………………………… 58-64
Unit 4 The Structure of Courts in the
Contemporary English Legal system ……... 65-72
Unit 5 The Hierarchy of the Judiciary in the
English Legal System …………………….. 73-79
xi
LESSON NOTE 1
SOURCES OF LAW
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Primary source
3.2 Statutory Materials
3.3 Judicial Materials
3.4 Reasons for studying sources of Law
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Readings
1.0. INTRODUCTION
The term “source of law” is used in various senses. In the first place, it
means the ultimate origin of the whole body of a legal system, the origin
from which the system derives its validity: the electorate or voters, a
special body the general will or the will of a dictator. Secondly, the term
source of law is used to name the historical origin of a rule of law. For
instance, the common law is a historical source of English law, for the
origin of many rules of English law is traceable to the common law.
2.0. OBJECTIVE
At the end of this unit, you should be able to:
(i) Define the term” source of law”.

(ii) Identify various sources of law;
(iii) Distinguish between statutory source of law and judicial source of
law.
3.0 MAIN BODY
3.1 Primary source
The primary source of law is the Nigerian Legislation and Statutes. This
consists of other statutes and subsidiary legislations. Statutes are laws
made by the legislator or a body so duly constituted and authorized to
enact laws; while subsidiary legislations are also known as delegated
1
legislative or statutory instruments and are usually entrusted to Ministers or

Commissioners.
The primary source of law consists of Ordinances, Acts, Laws, Decrees and
Edicts, depending on the status of the issuing authority or the circumstances
of the prevailing political situation.
Ordinances were laws passed by the Legislative body during the colonial era. In
most cases, such enactments were usually in the form of orders from the mother-
country’s parliament and were deemed to be applicable to the colonies concerned.
Self Assessment Exercise (SAE)1
Discuss briefly on legislation and statutes as the primary source of law.
3.2 Statutory Materials
Statutory materials as source of laws include statutes like Sale of Goods Act 1893,
Infants Relief Act 1874, Partnership Act 1890, Fatal Ancient Act 1846, Wills Act
1873, Statutes of Fraud 1877, Criminal Code Cap 77, The Constitution 1999 etc.
3.3 Judicial Material
Judicial precedent is a source of law. Judicial precedent or case law consists of

laws found in judicial decisions. A judicial precedent is the principle of law on
which a judicial decision is based. It is the ratio decidendi or the reason for the
decision. Other judicial material includes the Nigerian Law Reports. Nigerian law
reports are reports of cases, wherever published or edited, decided by Nigerian
courts. They include English law reports containing decisions of the Judicial
Committee of the Privy Council given on appeal from Nigeria, a number of
Local and foreign periodicals containing case reports and various reports including
loose-sheet (unbound) series.
Self Assessment Exercise (SAE) 2
Apart from the statutory materials listed above, name other statutory materials
known to you.
2
Discuss briefly what you understand by judicial material as a source of

law.
3.4 Reasons For Studying Sources of Law
1. It affords an understanding of the various means by which the law

governing the society is made or through which it comes into
existence, e.g. through formal Legislative processes in parliament
or through judicial precedents
2. It affords the means by which authoritative written materials are

derived. This constitutes the literary source such as are represented by
the statute books and the various compilations of the annual laws and
the statutes in force including textbooks and monographs, with which
a lawyer should be thoroughly familiar.
3. The study of the sources of law facilitates an understanding of the

process by which law derives its validity. This refers to formal
sources of law such as reflected in the constitution of a country and
the activities of enacting bodies like the National Assembly.
4. A mastery of the sources of law of a given society also enhances an

understanding of the historical factors that have influenced the
evolution of the laws to such a direction as it had taken. By delving
into such historical sources, it may be possible to trace the nature and
content of the law with a view to arriving at the stuff of which the law
was made. For instance:
(i) The historical fact that it is difficult, if not really impracticable to

divest customary law and Islamic law from the culture, religion
and traditions of the people.
(ii) Similarly, by mere fact of history that Nigeria, for example,

evolved from a unitary state to a federal state under a colonial
domination, which spanned over a hundred years.
(iii) The consequence of the great impact of English law on The

Nigeria Legal System.
(iv) The fact of the multi-ethnic structure and political heterogeneity

resulting in the plurality of laws and the concomitant complex
legal system;
3
(v) The resultant proliferation of court to cater for the various dimensions
exhibited in the ensuing polity.
4.0 CONCLUSION
The source of law means the origin from which the system derives its validity,
be it the electorate, a special body, the general will or the will of a dictator. It also
means the historical origin of a rule of law. Statutes books, law reports and
textbooks are sources of law in any legal system. Examples of legal sources of law
are legislation and judicial precedents.
5.0 SUMMARY
In this unit, you have learned about the:
(i) Primary source of law;

(ii) Statutory materials as a source of law,
(iii) Judicial materials as a source of law
(iv) Reasons for studying the sources of law.
6.0 TUTOR-MARKED ASSIGNMENT (TMA)
Discus in detail why you think it is important or necessary to study the source of
law of a given society.
7.0 . REFERENCES
Imiera, P. P. (2005). Knowing the Law FICO Nig. Ltd, (FMH) Lagos, Nigeria
Dada, T. O. (1998). General Principles of Law, T.O. Dada & Co. Lagos, Nigeria
Obilade, A.O. (1994). The Nigerian Legal System, Sweet & Maxwell, London.
LESSON NOTE 2
SECONDARY SOURCES OF LAW
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Secondary sources of law
3.2 Interviews, periodicals and Newspapers
3.3 Foreign materials
3.4 Other secondary sources
4.0 Conclusion
5.0 Summary
7.0 Reference/Further Readings
1.0 INTRODUCTION
Under the second unit, you learn t about the primary source of law. In
this unit , you will learn about the secondary source of law.
Secondary materials as source of law include the legal textbooks,
monographs, reference works, commentaries and treaties in law. An
understanding of the content of these materials facilitates an effective
research into the various aspects of law.
2.0 OBJECTIVES
(i) Identify the secondary source of law;

(ii) Know the various materials falling or classified as secondary
source of law; and
(iii) Conduct a research on secondary source of law.
3.0 MAIN BODY
3.1 Secondary Sources of Law
Legal journals are the most current sources of law because of their
frequency of publications, some being monthly, quarterly, half-yearly or
bi-annual. They contain scholarly articles, commentaries, notes and
comments on current legal problems.
In most cases, some of the contents of legal textbooks might have been
published or serialized in journals earlier on. Legal journals that are of
5
general nature may contain articles reflecting various subject background and topical
issues in law.
Like the law reports, legal periodicals may be broadly categorized into foreign
and local titles. Periodicals oftentimes contain book reviews, seminars, and
r o u n d - t a b l e and conference announcements. Some of the standard foreign
law journals as secondary source of law include, the Cambridge law journal;
(C.L.J.), Harvard Law Journal (H.L.J.), Yale Law Journal (Y.L.J), Harvard law
review (H.L.R).
Remarkable advancement has been recorded in the area of local periodicals

publishing. Some typical examples of academic and professional local
journals as secondary source of law include the Nigerian Law Journal
(N.L.J), The Nigerian Journal of Contemporary Law (N.Y.C.L).
Discuss briefly the secondary materials as source of law mentioned under 1.3.
3.2 Interviews, Periodicals and Newspaper
Interviews granted by legal writers and jurists can also serve as a secondary
source of law. This is because these legal luminaries are regarded as
“authorities” and therefore their speeches or legal letters written by them are
persuasive and form secondary source of law.
Law libraries subscribe to newspapers and magazines not for the mere purpose of
general reading. A deliberate effort is usually made by the law librarian to cut
feature articles and notable news items and clip them neatly for storage. Such
materials are thus arranged under broad subject headings in alphabetical sequence
for easy retrieval. Newspaper and magazine clippings provide the most
accessible current sources of research materials and therefore form secondary
source of law.
Articles in newspapers often cover wide areas of subject matters spanning

every conceivable field of human endeavour. The only major snag about
newspaper clippings as source of law is that the facts contained in a
particular report or write-up may need to be further clarified or verified
possibly from the writer or the maker for authenticity. This is not saying
that newspaper articles and reports are not dependable as sources of law. This fact
notwithstanding, newspapers are veritable sources of quick information on topical
issues, which would take some time to be covered by authoritative textbooks.
6
Why do you think Newspaper writing on legal issues is veritable source

of law?
3.3 Foreign Materials
Foreign materials as secondary source of law are those materials

published outside the jurisdiction of Nigeria. They include treaties and
conventions. These treaties and conventions consist of the various
international agreements and understandings concluded by countries
among themselves. Where the law-making bodies of the subscribing
nations have ratified such treaties and conventions, they become binding.
They serve as useful source of law especially in the areas of international
law. Typical examples of treaties include Nigeria’s treaties in force,
1971; consolidated treaty series, 1920 – 1946 and the United Nations
Treaty Series 1946. These are all vital sources of international laws.
Other foreign materials include the following: Law Quarterly Review,

(L.Q.R), Current Legal Problems (C.L.P), International and Comparative
Law Quarterly (I.C.L.Q); Modern Law Review, (M.L.R), Criminal Law
Review (C.L.R), The Journal of African Law (J.A.L) and the African
Journal of International Law (A.J.I.L.).
Digests also serve as foreign source of law. Digests are summaries of

cases judicially considered. They differ from law reports in that they are
mere paraphrasing of cases in very concise and understandable forms.
Encyclopedias and precedent books are also foreign sources of law. The
Encyclopedia Britannica and Encyclopedia America cover wide subject
areas of law, jurisprudence and legal theory, legal Biography etc. They
therefore provide valuable secondary sources of law.
Precedent books contain samples of works done by legal authors for

others to follow. Precedent books include the Butter worth’s
Encyclopedia of forms and precedents (5th Edition) which covers
extensive areas of solicitor’s work and the Atkin’s court forms which
deals with the forms, contents and procedure in civil matters. Other
basic foreign materials include the famous Halsbury’s laws of England
and the Halsbury’s statute of England. There are also standard
compendia, which are of immense source of law. An example is the
American Juris Secundum, which is an encyclopedic digest of American
cases and statutes.
7
Write short notes on Encyclopedia and precedent books as secondary sources of

law.
The most potent sources of law is the primary sources. Do you agree?
3.4 Other Secondary Sources of Law
(1) Dictionaries
Dictionaries are indispensable sources of law. To this end, the law library keeps
some Standard English Language Dictionaries and lexicons. These include, among
others, the Oxford English Dictionary, chambers English Dictionary and
Webster’s International English Dictionary. Such dictionaries help not only in
verifying the meanings of words and phrase, they also assist in the use of
appropriate style, construction and framing of legal sentences to elucidate some
precision, conciseness, simplicity, and unity all of which are salient hallmarks of any
source of law.
Legal dictionaries may either be exclusively in English or bi-lingual. Examples
of Standard English language legal dictionaries include Black’s Law
dictionary and Stroud’s judicial Dictionary. There also exists some specialized
dictionaries concerning specific subject areas as well as other topical issues –Bi-
lingual legal dictionaries are most helpful for deciphering certain words or
phrases especially Latin or French, which have been unavoidably used in a
passage. Most of such words have Roman and Anglo – saxon origins and have
become part of today’s legal writing to drive home certain principles and legal
maxims. Examples of bilingual dictionaries may include English-French,
English – Italian, English- Latin and English – Arabic Dictionaries.
(2) Words and phrase Defined
Another secondary source of law is the multi- volume work titled “Words
and Phrases Defined”. This covers wide areas of definition and interpretation of
legal expressions. An example of such is the work of Onomade (1988) in guide to
words phrases and doctrines in Nigeria law.
(3) Bibliographies and general references
Bibliographies serve as most useful source of law. A bibliography is a

publication that lists the topic or titles of materials available in a given subject.
The general arrangement is usually in alphabetical order by subject.
8
Compilation of legal bibliography is the preserve of the professional law

librarian. Typical examples of legal bibliographies, general or specific
include Jegede’s “ Nigeria legal Bibliography” (1993), which is a
detailed listing of invaluable source materials on the various aspects of
the Nigeria law. General references usually at the end of a chapter in a
book or at the end of an articles or paper assist in legal research by
offering directives as to further sources of information. Such general
references have become universally acknowledged sources of law and
legal writing.
(4) Theses, Dissertations and Technical Reports
These are written research reports and authoritative pontifications in the

area of law. They essentially have the characteristics of originality being
the outcome of spirited research endeavours. These are listings and
implications of such materials in aid of legal research. The lists are
helpful in the preliminary aspects of legal research especially in literature
searches and reviews, thereby forming secondary sources of law.
(5) Legal textbooks and Monographs
These constitute the bulk of the stock of a law library and can therefore
be regarded as the most authoritative secondary sources of law. Legal
textbooks consist of scholarly views, opinions, commentaries and
authoritative expositions in certain subject area. Some legal series have
become household names in academic and professional legal parlance.
An example is the common law library series made up of standard and
quite authoritative legal textbooks. Other notable modern legal text
writers include Lord Denning in the general aspects of law and practice.
Schwazenberger in the field of International Law, Street and Jolowicz on
torts, Cheshire and Fifefoot on contracts, Roscoe pound, Hart and Fuller
on Jurisprudence and legal theory, Margery and Wade on property.
Apart from citations in various academic papers, the opinions and views
of some of the legal textbooks writers have been referred to with
approval in the court proceedings, for instance, authoritative texts like
Johnson’s history of the Yoruba’s, Coker’s family property among the
Yoruba’s, obi’s Ibo land law and Ajayi’s History of west Africa have had
to be cited in order to get to the root of certain prevailing customary
practices in some societies.
(6) Government Publications
Government documents have assumed great importance as source of law

owing to the fact that they emanate directly from government sources,
they are always considered to be very authoritative. For instance, any
9
information contain in the Gazette are deemed to have been issued by authority
and as such deemed to be authentic. This also applies, for example, to all
documents and official publications emanating from and bearing the stamp of Her
Majesty’s is Stationary Office (HMSO) in the United Kingdom.
Official publications include books, pamphlets, posters and pictorial items

issued by the government printer. Such materials also consist of laws,
regulations, directives, notices, decrees, edicts, bye – laws and important
announcement relating to the state as contained in the gazette or an extra ordinary
publication.
These Government publications are usually in various forms like gazette, reports of
commissions of inquiries, white papers, reports of special tribunals, as
constitutional bodies, as the Constituent Assembly, parliamentary
publications including the “Hansard” and some other personalities in
government.
4.0 CONCLUSION
You learned that primary materials as source of law include such items as laws,
or Acts collectively called statutes as well as law reports, law journals, digest
and indexes, while secondary materials include the legal textbooks and
monographs, reference works, commentaries and treatises on law.
5.0 SUMMARY
In this unit, you have learn t about other sources of law, falling under the
secondary sources. These include the following:
(i) Books, pamphlets;

(ii) Letters and speeches;
(iii) Interviews, periodicals and newspapers;
(iv) Foreign materials; and
(v) Other sources.
6.0 TUTOR – MARKED ASSIGNMENT (TMA)
Attempt an appropriate classification of materials falling under primary and

secondary sources of law and explain them briefly.
10
7.0 REFERENCES
Imiera, P. P. (2005), Knowing the Law FICO Nig. Ltd, (FMH)

Lagos, Nigeria
Dada, T. O. (1998), General Principles of Law, T.O. Dada & Co.

Lagos, Nigeria
Obilade, A.O. (1994), The Nigerian Legal System, Sweet &

Maxwell, London.
LESSON NOTE 3
USE OF SOURCE MATERIALS
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Law library
3.2 The library catalogue
3.3 Organization of library
3.4 Reference
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
Source materials are those major items or institutions used in carrying out legal
research. These source institutions include the law libraries, the Nigerian Institute
of Advanced Legal Studies and the Nigerian Institute of International Affairs.
You shall learn about the library as a source material in legal research or
about libraries as a major aspect of an educational organization.
2.0 OBJECTIVE
At the end of the unit, you should be able to use:
(i) The library;

(ii) The library catalogue;
(iii) Organization of the library ; and
(iv) Reference services.
3.0 MAIN BODY
3.1 Law library
Law libraries are very essential to the proper study of law. You should be familiar
with the cataloging and shelving systems used in the library to which you have
access. Usually, university law libraries classify books by subject and shelve
them in accordance with that classification. In order to enable you find easily
books required by you, a law library usually has at least one general card
catalogue. A general card catalogue lists all the books in the library. There is at least
one card in the catalogue
12
for each book. If only one card catalogue is available it may be arranged
by author or by author and title or by subject. In an author – title
catalogue, there are at least two cards for each book – one for the author
and the other for the title of the book. There may be two general card
catalogues – one on author – title catalogue and the other a subject
catalogue. In addition to general card catalogue there are, usually, special
catalogue which list books of a special class. For instance, there may be a
separate special catalogue for each of the following classes of materials:
law reports, periodicals, legislation and microfilms.
In general, books other than textbooks may be classified for shelving
purpose as follows:
1. Legal periodicals
(a) Nigerian Legal Periodicals

(b) English Legal Periodicals
(c) Other Legal Periodicals arranged by country
2. Statute books
(a) Nigerian Statute Books

(b) English Statute Books
(c) Other Statute Books arranged by country
3. Law reports
(a) Nigerian law reports

(b) English law reports
(c) Other law reports arranged by country
4. Digests
(a) Nigerian law digests

(b) English law digests
(c) Other law digests arranged by country
1. Encyclopedia
2. Reference books
Generally, textbooks may be similarly divided into three classes, namely:
( 1 ) Nigerian law textbooks;

(2) English law textbooks; and
(3) Other textbooks.
13
The textbooks within each group is usually arranged by subject. For e.g. textbooks
on the law of contract are separated from textbooks on criminal law. There
may be in a law library a reserve section containing rare books in very high
demand. Normally, books in a reserve section are not to be borrowed. Some reserve
sections are open to only a restricted class of readers. A good study of the
c a t a l o g i n g , and shelving systems used in a law library is only a starting point in
legal research.
Self- Assessment Exercise (SAE) 1
Briefly discuss the shelving of legal textbooks in the law library.
3.2 The Library Catalogue
Libraries are of various sizes ranging from those with very few books and other
materials to the very large ones with several thousands of materials. The
former are very easy to cope with. The contents of such libraries could be known
by heart. But in the larger libraries, a formal organization of their contents is
imperative to make their use beneficial and less frustrating.
The catalogue is therefore a record of materials held by the library ranging

from books, magazine / journals, documents, theses, and dissertations to non-
print media sources. The catalogues, therefore, is the key to the library holding
since it contains entries, representing each material in the library. It is a vital tool
to the use of the library because of the functions it performs.
Functions of the Catalogue
(1) The catalogue allows access to the collection and provides service to its users.
(2) It enables you to find a book or other library material if you know any of the
following:
(a) Author’s name;

(b) Title of the work;
(c ) The subject;
(3) It enables you to know the following:
(a) All the works of a given author held in the library
(b) The editions of any work
Discuss the library catalogue and the functions if performs.
14
3.3 Organization of Library
(1) Acquisition Department
In the Acquisitions department books and other materials are acquired

and processed. Books, pamphlet, government publications and audio-
visual materials are received in the Acquisition Department. These
materials may be acquired by purchase, gift and by legal deposit
especially if the library has been made a depository by the government.
The National Library of Nigeria as you know receives three copies of all
publications in the country because it is the legal depository for the
whole country. The university of Lagos Library by the Edict of Lagos
State 1973 is a depository library for the state. All publishers in the state
must deposit three copies of their publications to the library. Some
libraries in Nigeria are legal depository libraries for state and for some
international organizations like WHO, UNESCO and ILO. Libraries
receive gifts from the friends of the library and the gifts are processed in
the Acquisitions Department.
Why do you think that the Acquisitions Department of a library cannot

be dispensed with?
3.4 Reference Services
The Reference Department of the library is very important in the library.

It is in this section that the library staff answers reference questions and
also provides bibliographic services to the library patrons. Books in this
part of the library cannot be borrowed like books in the open shelves;
they can only be used or consulted in the library. Books that are housed
in this part of the library have the inscription “REFERENCE ONLY,
NOT TO BE TAKEN OUT OF THE LIBRARY”.
The major characteristics of reference materials are:
(1) The materials are meant to be consulted in the library only;

(2) The library usually buys one copy or in rare cases two copies;
(3) They are not meant to be read from cover to cover. Users usually
look for specific information. They contain factual information;
(4) They are housed in a separate section within the library;
(5) The arrangement of each material may be made to suit the
peculiarity of that material. The arrangement in the dictionary is
alphabetical chronological, for works on history, it could be
chronological; and
15
(6) They are revised from time to time so as to keep abreast of recent
developments.
Reference services in the library may involve the provision of personal

assistance to you. The type of service required may be simple
information in where to find books on a particular subject. They may be
questions on directions within the library. At other times, the services
may involve assistance on how to find the information on a subject
which may not be well known to you.
Certain books cannot be taken away from the library. Name some of
these books and the reason they are not taken away from the library.
3.5 Why do you use the Library?
The use of the library can be divided into three broad headings, namely: go
to a library to borrow books. You also go to a library to consult
reference materials, and for general study.
Let us assume that you have been given the author and title of a certain
book, which has been assigned to you to read. You would like to borrow it
from the library, because it makes you sometime to read it. The first thing
you do when you go to a library is to check whether or not the book is in
stock and be sure it is available for lending. The next thing is to locate the
book where it is in the library. To locate a book in the library, you need
to take the following steps:
Consult the right card catalogues. For example, if you know the name of the
author of the book, you should consult author or name catalogue. Author
or name catalogue consists of the name of the author on cards arranged
in alphabetical order according to the author’s surname, institution or
editor, by which the book is best known.
16
SAMPLE CARD
Author’s name
Surname Forenames
Imiera Pius, O.
No. Class No 37,33.
Author No. 018C Knowing the Law (title of the book
Or No. Lagos: Fico, Nigeria Ltd, 2005).
131pp
Number of pages.
4.0 CONCLUSION
The library is very important. You should make constant use of it. A lot
of information stored in the library can be of great benefit to you.
5.0 SUMMARY
At the end of this unit, you have learnt about:
(i) The use of source materials; the library;

(ii) The library catalogue;
(iii) Organization of the library;
(iv) Reference service in the library;
(v) That libraries are for lending out useful and relevant books, for
consulting reference works and for getting recent information; and
(vi) For effective study, you must use the library.
Relate the importance of the law library to a law student.
17
7.0 REFERENCES
Imiera, P. P. (2005). Knowing the Law FICO Nig. Ltd, (FMH) Lagos, Nigeria
Dada, T. O. (1998). General Principles of Law, T.O. Dada & Co. Lagos, Nigeria
Obilade, A.O. (1994). The Nigerian Legal System, Sweet & Maxwell, London.
Olanlokun, S.O. and Salisu, T.M. (1993), Understanding the Library, Published by
University of Lagos, Lagos, Nigeria.
LAW 102 Legal Methods
LESSON NOTE 4
LEGAL RESEARCH
Contents
1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Principles of Legal Research
3.2 Methods of Legal Research
3.3 Tools of Legal Research
3.4 Legal textbooks and monographs
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
Many people encounter the legal system in a variety of ways on a

variety of occasions. Whether they are seeking redress or are being
accused of something, the legal system appears like the system to use.
Others think it is the preserve of professionals. These professionals are
assumed to have particular skills and knowledge that the non-
professionals are prepared to pay a fee for. There is, however, some
debate as to what these skills are and what the nature of this knowledge
is. This is the question this unit intends to answer.
As a law student, you may encounter the legal system predominantly

through texts, or words. How to work with those words, how to approach
the way they are collected is an essential skill you should learn. Learning
the law is, in this respect at least, like learning a new language. Training
to be a lawyer is accordingly, partly akin to learning the location of
meanings, the grammar and structure of the language.
This unit refers you to a minimal amount of reading and contains a

number of exercises. It introduces you to basic principles or the process
of legal research as it impacts on the professional task of finding and
arguing the law.
19
2.0 OBJECTIVES
By the end of this unit, you should be able to:
(i) State the principles of Legal research;

(ii) Explain methods of Legal research; and
(iii) Identify tools of Legal research; and
3.0 MAIN BODY
3.1 Principles of Legal Research
Legal research is at the centre of professional legal skills, but the question is
what we mean by legal research.
In simple terms legal research is the search for material necessary to support
legal argument and decision-making. In a broader sense, legal research is a
process that begins with:
(i) Analyzing the facts of a problem that is brought to a lawyer;

(ii) Identifying the relevant legal issues to be addressed;
(iii) Separating the factual and legal problems to be resolved;
(iv) Finding the law that is relevant to the legal problems; and
(v) Concluding, applying and communicating the results of the search
and analysis.
Legal research should not be seen as merely preparatory. Law is an

argumentative process and research is directed to an argument. The results of
the research need to be communicated effectively and put into an argumentative
structure.
For example, persons who have suffered loss as a result of an injury want to know if
they can claim damages. They outline a chain of events to you as the lawyer; the
lawyer seeks to identify if there are indeed grounds to launch a claim and whom it
would be against. The lawyer is looking out to identify a "cause of action" and this
might be due to a breach of contract, negligence or some other claims. In the broad
area of tort (i.e. obligations between parties independent of contracts) a common
claim is that the loss was occasioned by the negligence of a third party.
As the lawyer, you will have a working set of assumptions as to the state of the law
of negligence and where to find the precise articulations of the law that will serve
as your working knowledge as you listen to your client. Importantly, you will
understand that the third party must owe some form of a "duty of care" towards
your client.
20
You will know that the basic principles of the law of negligence are such
that where an injury has been caused by the negligent behaviour of
another person; the injured person may bring an action for damages
against that third party. You will be primarily interested in the law, as it
has worked out for other lawyers. Tort actions have moral and economic
purposes behind them, namely that it is just and fair to compel the
negligent third party to reimburse the injured party for any loses that the
client suffered as the result of his injury and to compensate him for the
pain he has suffered.
For the action to succeed, you as the lawyer must establish a set of
claims as to:
(i) The law accepted as valid;

(ii) The facts accepted as true;
(iii) How the events were interconnected, this must be proved
according to the degree of proof required, which in civil cases is
on the balance of probability.
Specifically for negligence, you as the lawyer must show that:
(i) The other person owned a duty of care recognized by the law to
the plaintiff;
(ii) The third party was in breach of that duty; and
(iii) The injury suffered by the plaintiff was caused by the breach of
duty.
But the question is how will all of the above be achieved?

This will be achieved by the process of legal research, which is usually
laid out in a series of steps. These involve separating facts from law. You
will need to:
(i) Identify and analyze the significant facts;

(ii) Frame the legal issues to be researched; and
(iii) Research the issues.
In the course of your studies, preparing for problem questions will

presuppose the steps of legal research.
What do you understand by the term legal research and what are the
processes that legal research must begin with?
21
3.2 Methods of Legal research
Various approaches are used in retrieving necessary information for the

purpose of solving a given problem that has occasioned the conduct of
legal research. These include the approach by means of Author, Title,
Subject, the case method, by statute, by words and phrases as the case
may be.
Where the author or title of a book is known, you need only to consult
the Author/Title catalogue for guidance as to the location of the
particular material on the shelf.
There are many classification schemes used in law Libraries but the most
commonly used scheme is the Moy's classification scheme, which was in
use for major libraries. The subject structure of the Moy's scheme upon
which the call Mark is based is as follows:
K - Journals and Reference Books

KA - Jurisprudence
KB - General and comparative law
KC - International law
KD - Religious Legal systems
KE - Ancient and Medieval law
KF - Primary Materials – British Isles
KG - Primary Materials- Canada, U.S West Indies
KH - Primary Materials- Australia, New Zealand
KL - General
KM - Public Law
- Constitutional and Administrative Law
- Criminal Law and Procedure
KN - Private Law
KP - Own Country (Optional e.g. NIGERIAN LAW)
KR - Africa
KS - Latin America
KT - Asia and Pacific
KV - Europe
KW - European Communities
KZ - Non- Legal Subjects.
The following are samples of the Author, Title and Subject Methods.
22
AUTHOR CARD
DIAGRAM 1
1 KP AGUDA, T. Akinola
144 practice and procedure of 2
3 A32 Supreme Court, court of appeal and
1995 High Court of Nigerian/ by T. Akinola Aguda
4. 2nd ed. Lagos: MIJ Professional publishers, 1995
7 6
5.
1xxxviii 1300P: 24CM (MIJ law 13
8. 1 and practice series 9

10 1 ISBN 978 – 2486- 14-0
1 practice and procedure -
Nigeria Courts. 1: Title 11. Series
1. Surname 8. Pagination
2. Other names 9. Height of the book
3. Title 10. Inter. Standard Book number
4. Edition 11. Main subject
5. Place of publication 12. Call Mark
6. Publisher 13. Series title
7. Date of publication
23
TITLE CARD
DIAGRAM 11
KP practice and procedure of the supreme
1 144 practice and procedure of
4 1995 High Court of Nigerian/ by T. Akinola Aguda 2
5. 2nd ed. Lagos: MIJ Professional publishers, 1995 -
7 6
8. 1xxxviii 1300P: 24CM (MIJ law
13
9 and practice series
9
10 ISBN 978 – 2486- 14-0
practice and procedure -
Nigeria Court. 1: Title 11. Series
SUBJECT TITLE
DIAGRAM III
KP practice and procedure of the supreme

1 144 practice and procedure of
4 1995 High Court of Nigerian/ by T. Akinola Aguda
2
5. 2nd ed. Lagos: MIJ Professional publishers, 1995 -
6
8. 1xxxviii 1300P: 24CM (MIJ law
13 and practice series
9
11 ISBN 978 – 2486- 14-0
practice and procedure -
Nigeria Court. 1: Title 11. Series
24
Cards are arranged alphabetically in the library's catalogue cabinet.

Author and Title are usually filed together in a long alphabetical
sequence. It is important for you to know that these manual ways of
operations are gradually being replaced by modern and retrieval
techniques.

Conduct a research work on the subject; take note of cases, words,
phrases, approaches, and methods in legal research (Note: diagram, not
required).
3.3 Tools of Legal Research
The conduct of legal research entails the identification of and the ability
to use the various finding aids to discover the vital research materials
scattered all over the legal collection. These basic tools of legal research
consist of a mixture of primary and secondary source materials. Primary
materials include such items of laws, or acts collectively called statutes,
as well as law reports, law Journals, digests and indexes, secondary
materials include works, commentaries and treaties on law. An
understanding of the content of these materials facilitates an effective
research into the various aspects of law.
Using a w e l l - l a b e l e d diagram, show samples of the Author, Title

and subject card in conducting Legal Research
3.4 Legal Textbooks and Monographs
These constitute the bulk of the stock of a law library and can therefore
be regarded as the most important single entity available for the conduct
of legal research. Legal textbooks consist of scholarly views, opinions,
commentaries and authoritative expositions in certain subject areas. The
audience or the status of people to which they are directed like
undergraduate, postgraduates, academic researchers, practitioners and
other topical issues that are foreign or local, have virtually become
synonymous and identifiable with certain subject areas of law,
categorizes such textbooks.
Examples include, Williams on Wills, Phipson on Evidence; Chitty on

contracts, Benjamin's Sale of Goods and Palmer's Company Law.
Similarly, some legal series have become household names in academic
and professional legal parlance. An example is the common law Library
series made up of standard and quite authoritative legal textbooks. Other
25
notable modern legal text writers include Lord Denning M.R. on the general
aspects of law and practice, Schwazenberger in the field of International Law,
Street and Jolowicz on torts; Cheshire and FiteFoot on contracts, Roscoe Pound,
Hart and Fuller on Jurisprudence and legal theory, Megarry and Wade on property.
The Nigerian local scene can also boast of an impressive array of

distinguished legal text writers whose publications are as authoritative in every
material respect and who have attained international recognition. Late Honourable
Justice T.O Elias formerly of the World Court at the Hague, Netherlands, was a
Pace-setter. For many years he bestrode the entire legal publishing scene in
Nigeria and abroad covering such fields as Constitutional Law, International Law,
Customary Law and virtually all recognized fields of legal endeavours. Other
notable legal writers include Professor Ben Nwabueze, Dr. T. Akinola Aguda, Dr.
Olakunkle Orojo, Justice Karibi- Whyte, Professor Nwogugu, Professor Okonkwo,
Professor Peter Oluyede, Justice C. Oputa, Professor Itse Sagay, Professor
Akintunde Obilade, Justice Kayode Eso, and most recently Dr. G.I. Oyakhirome
and Pius Imiera. Legal publishing is still however, yearning to come of age in
Nigeria.
The main snag about legal textbooks as tools of research is that they might not
always be current with the conditions of the prevailing times. In some cases, the
facts contained in a monograph might have been overtaken by events, which
were not anticipated by the author when he began to gather his thoughts together
to write. Such examples include a sudden change from civilian to military
regime and vice versa or an unanticipated repeal or re- enactment of certain laws
in the land.
Conduct a research work on any well-known law textbook stating the date or
year of publication, place of publication, name of publisher, number of pages,
the ISBN, and a summary of chapter four of the book.
What do you consider as the main snag about legal textbooks as tools of legal
research? What solutions would you suggest?
4.0 CONCLUSION
In this unit, you have been exposed to the rudimentary aspects of legal research.
The effort here is to show you that legal research is important in the study of law
and in being a successful legal practitioner.
26
5.0 SUMMARY
Finding the law on a particular topic or issue is said to be a key skill

of the lawyer. The common saying that "a lawyer does not know
the law but he knows where to find it" expresses the importance of
this reference or research ability.
The process of legal research is one of the human elements that

provide glue for the legal system. A legal system is in constant
danger of being anything but a 'system'! Like many judges, the
legal theorist Ronald Dworkin argues that it is the task of
legal personnel, including legislators, to uphold and develop the
systematic aspect of law in order to achieve consistency, due process
and deal with people in ways that achieve substantive fairness.
How is this achieved? In some part by legal research, by developing
techniques of interpretation and relating to the texts that is called case
reports, statutes or legal arguments.
Pick any legal textbook of your choice by a Nigerian author

and summarize in not more than two pagesyped written chapter one
of the book.
7.0 REFERENCES
Morrison, W.J. and A. George, K. Malisons, (2004). Common

Law Reasoning and Institutions. University of London Press: UK.
Dada, T.O. (1998). General Principles of Law, T.O Dada & Co.:
Lagos, Nigeria.
Imiera P.P, (2005). Knowing the Law, Fico Nigeria Ltd, (FMH):
Lagos, Nigeria
27
LECTURE NOTE 5
INDEXING AND IDENTIFICATION OF LIBRARY

MATERIALS
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Indexing and identification of library materials
3.2 Types of library materials
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
Indexes serve as keys for the effective use of any given publications and they are in
various forms. They may precede the main chapter as in the case of table of
contents, table of cases and table of statutes or may be at the end of the book in the
form of subject indexes.
2.0 OBJECTIVES
By the end of this unit, you should be able to identify various types of indexes
such as:
(i) Education index

(ii) Science citation index, 1961
(iii) British humanities index
(iv) Social science index
3.0 MAIN BODY
3.1 Indexing and Identification of Library Materials
An index has been described as a table, which enables information to be retrieved

quickly. There are periodical indexes and subject indexes. The card catalogue can
also be regarded as an index. Most books have indexes at the end. Periodical
indexes help one to trace materials that have been published on a particular
subject. It is possible to trace an author by using an index to locate the name
of the author and his published works. All this depends on the condition
that what he published is indexed by any of the commercial indexing
publishers. Some of the periodical indexes are published at times monthly or
28
quarterly. They are then cumulated yearly for easy use. Some
newspapers also have indexes. There is the New York Times Index and
the Times Index. Some publishing Firms publish indexes on several
subjects. H.W. Wilson publishes the Applied Science Technology Index,
Education Index and Art Index. The following are some types of indexes:
(a) Education Index
This is published monthly; it contains a subject entry to over 200

periodicals in the field of education.
(b) Applied Science and Technology Index
This is published by H.W. Wilson, New York. It is a cumulative index to

English Language periodicals. It contains subject entries to periodicals
articles arranged alphabetically. Subjects covered in the index include
mathematics, metallurgy, aeronautics, space science, computer science
and engineering. It is devoted to periodicals in science and technology.
(c ) Science citation index, 1961
, Pa. Institute for Scientific information, 1963- three quarterly issues plus
annual cumulative volumes.
This index provides information on what has been published, who and in
what publication in the field of science. Olaitan, M.O: Cases on Nigerian
Law index 1880-1970- Lagos: Lagos University Library, 1978. This
index contains information on cases decided in Nigerian courts during
this period.
(d) British Humanities index
This is published by the Library Association of Great Britain. The index

is arranged alphabetically by subject heading. It has author index in the
annual cumulative volume. It has an international coverage in scope.
(e) Social Science index
This is published by H.W. Wilson, New York. It supersedes the social

science and Humanities index. The index consists of author and author
and subject entries to periodicals in economics, anthropology, medial
sciences, political sciences, public administration and other related
subjects.
In brief discuss the various types of indexes available
29
3.2 Types of Library Materials
The library stocks host legal and non-legal reference materials for the use of
researchers. Such materials are standard works to which reference could always
be made. These include the following:
a. Dictionaries
Dictionaries are indispensable aids to legal research. To this end, the law library
keeps some Standard English Language Dictionaries and lexicons. These
include, among other, the Oxford English Dictionaries, Chamber's English
Dictionary and Webster's International English Dictionary. Such Dictionaries
help not only in verifying the meanings of words and phrases; they also assist in
the use of appropriate study, construction and training legal sentences to
elucidate some precision conciseness, simplicity and clarity all of which are
salient hallmarks of any research report or findings.
Legal Dictionaries may either be exclusively in English Language or bilingual.

Examples of Standard English Language legal Dictionaries include Black'sLaw
Dictionary; and Stroud’s Judicial Dictionary. There also exist some specialized
Dictionaries covering specific subject areas as well as other topical issues. Bi-
lingual legal Dictionaries are most helpful for deciphering certain words or phrases
especially Latin or French, which have been unavoidably used in a passage. Most
of such words have Roman and Anglo- saxon origins and have become part of
today’s legal writings to drive home certain principles and legal maxims. Examples
of Bi-lingual Dictionaries may include English – Latin and English- Arabic
Dictionaries.
b. Words and Phrases defined
Another unique and invaluable materials for legal research are the multi-volume
works titled, "Words and Phrases Defined". This covers wide areas of definition
and interpretation of legal expressions. Onamade's Guide to Words Phrases and
Doctrine in Nigerian Law (1988) is also a most useful local effort.
c. Encyclopedias and Precedent books
General encyclopedias, which the legal research library stocks, are different
from legal encyclopedias. General works such as Encyclopedia Britannica and
Encyclopedia Americana cover wide subject area of law; History, Jurisprudence
and Legal Theory, Legal Biography and political
30
theory. They therefore provide valuable reference materials for the

effective conduct of legal research.
There is no doubt that no successful research work or practice of law can

be embarked upon without the use of some legal encyclopedic works and
precedents. Among these are the Butter-worth's Encyclopedia of Forms
and Precedents (5th edition) which covers extensive areas of solicitors
work and the Atkin's Courts forms which deals with the forms, contents
and procedure in civil matters. Other basic reference materials include
the famous Halsbury's Law of England and the Halsbury's Statutes of
England. There are also standard compendia, which are of immense
research value. An example is American Juris Secundum, which is an
encyclopaedic digest of American cases and Statutes.
d. Directories and Guides
These can be aptly described as pathfinders. They are most useful

sources of names, addresses and other relevant details about individuals,
constitution or groups. Legal directories cover only matters of
professional interest to the legal profession. Typical examples include the
Nigerian Lawyer's Diary published annually. It consists of the normal
day-today spaces for recording events as well as other useful details as
the Roll Call of all the Lawyers in Nigeria and their dates of enrolment
and the list of statutes in force. An example is Gani Fawehinmi’s Bench
and Bar in Nigeria (1988). Other directories include the Directory of
Incorporated Companies in Nigeria. The Vanguards’ Yellow Pages, the
NIALS Directory of Law Teachers in Nigeria (1995) and Vanguards’
Directory of Lawyers in Lagos State (1995).
e. Handbooks
These are publications provided specially for the purpose of giving

general information about the scope, purpose and happening at a place or
institution or a group of establishments. A very good example is the
Nigerian Company Handbook, an annual publication, which consists of
basic information data about listed companies operating in various
locations in Nigeria.
f. Yearbooks and Annuals
These categories of publications also contain basic research information

about a country, state, institutions or bodies. They are produced each
year to reflect certain changes and remarkable Landmarks that have
occurred in the preceding year. Typical examples are the Nigerian
Yearbook and the West African Annual.
31
g. Bibliographies and General references
Any research work in law should commence with a detailed

bibliographic search, that is, a look into related works; Bibliographies serve as
the most useful aid in this respect. A bibliography is a publication that lists
the topics or titles of materials available in a given subject. A development from
ordinary bibliography is the use of Bibliography of Bibliographies, a special
publication that lists specific or some subject matters.
Bibliographies are mere listing of available materials and nothing more. However,
in certain cases such materials may be briefly described as to the nature, scope
and content of the publication. This is then called an “Annotated Biblography”.
Such a development helps legal researchers to decide immediately on the benefit of
the materials to their work.
Compilation of legal bibliography is the preserve of the Professional Law Librarian.

It may be solicited in which case it comes in the form of completion of a
reading list on given subject. On the other hand, it may be unsolicited and takes
the form of professional routine compilation to which the attention of interested
researchers may be directed through the process of selective dissemination of
information to the effective Consultation of the Laws of the Federal Republic of
Nigeria (1990), and the annual cumulative volumes.
Typical examples of legal bibliographies, general or specific include Jegede’s

Nigerian Legal Bibliography (1995), which is a detailed listing of invaluable
research materials on the various aspects of the Nigerian law. Arrangement is
by broad subject groupings and it lists laws, statutes, articles, conference
papers, treaties and textbooks. Another is Jegede’s Bibliography on the
Constitutions of Nigeria (1993), which is an invaluable source book for any
research into the Nigerian constitutional law. General references usually at the
end of chapter in a book or at the end of an article or paper assist in legal
research by offering directives as to further sources of information. Such
general references have become universally acknowledged standards for legal
writings and are highly valuable.
1. Discuss briefly the various types of library materials you have

studied under this unit.
2. What are the uses of an Encyclopedia and precedent books?
32
3. What are Bibliographies? Why are they important in

legal research?
4.0 CONCLUSIONS
This unit prepares you on how to identify materials through

indexing during your legal research. This unit helps you to
identify education index, science citation index, British
Humanities index and social sciences index as types of indexes
available
5.0 SUMMARY
In this unit, you have been exposed to indexing and identification

of library materials and types of library materials. You also learnt
about some books, which serve as legal materials, such as
dictionaries, Encyclopedias, and precedent books and bibliographies.
6.0 TUTOR – MARKED ASSIGNMENT (TMA)
1. What are indexes?

2. Discuss in brief the different types of indexes you have
learnt under this unit.
7.0 REFERENCES
Dada, T.O. (1998). General Principles of Law, T.O Dada & Co.:
Lagos, Nigeria.
Imiera P.P, (2005). Knowing the Law, Fico Nigeria Ltd, (FMH):
Lagos, Nigeria
33
LECTURE NOTE 6
CASES, CITATION OF CASES AND REPORTS
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Cases, citation of case and reports
3.2 Nigerian law reports
3.3 Identification of issues, principles of application of rules in
legal problems
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment (TMA)
1.0 INTRODUCTION
An efficient system of law reporting is essential to the proper operation

of the doctrine of judicial precedent. A case report published or edited in
Nigeria usually begins with the title of the case. This is followed by the
name of the court and the names of the judges constituting the court.
2.0 OBJECTIVES
(i) Cite relevant cases;

(ii) Report cases; and
(iii) Make reference to Nigerian law reports
3.0 MAIN BODY
3.1 Cases and Citation of Cases
After the name of the court, the next thing is the catchwords. Catchwords
indicate the subject matter of the case and, sometimes, the issues to be
determined. The head note appears immediately after the catchwords. It
is a summary report of the case. It includes what the reporter considers
to be the ratio decidendi of the case. It list cases referred to in the case
and states how they are dealt with. For example, it states whether a case
was distinguished, followed, not followed or overruled. Where a case in
on appeal, the head note states, as appropriate, that the judgment of the
lower court was affirmed or reversed or that it was set aside and a retrial
ordered.
34
The head note, also states whether an appeal was allowed or dismissed.
The head note, is usually followed immediately by a statement of the
nature of the proceedings, an account of how the case reached the court
including the essential facts and the names of counsel who appeared for
the parties. Then follows the actual judgment usually reported verbatim.
Where three or more judges constitute a court and there is a dissenting
judgment, the dissenting judgments, the dissenting judgment is reported
after the major judgments. The actual judgment is followed by a brief
statement of the court’s decision in the case, e.g. judgment for the
defendant. Regular law reporting started in Nigeria in 1916 with the
established of the Nigeria Law Reports series by the judicial department.
Briefly discuss the reporting of cases on Nigeria. When did law reporting
start in Nigeria?
3.2 Nigerian Law Report
Nigerian law reports are reports of cases, whenever published or edited,

decide by Nigerian courts. They include "English Law Reports" a
number of local and foreign periodicals containing case reports, and
various cyclostyled reports including loose-sheet (unbound) series.
The only cases reported in the law reports are selections from cases
decided by the superior courts, for example the Supreme Court of
Nigeria, and High Courts. On the other hand, cases decided by inferior
courts, for example magistrate courts, are not reported.
Why do you think that cases decided by magistrate courts are not
reported?
3.3 Identification of issues, principles and application of rules

in legal problems
Issues are the problems to be resolved in legal matters or problems.

Principles are merely reasons whose cogency has been acknowledged in
a given legal system and which must be taken into account when they are
relevant to a case. Courts are not bound to apply a principle in the same
way as a rule. So, even if it is a principle that no man should be allowed
to profit from his wrong doing, there are many cases in which a court
will allow a man to do just that; not because it thinks that the principle is
not applicable, but because other principles or rules may be given
preference in the relevant case.
35
The following are examples of principles, some of which are given a

traditional formulation "courts will not permit themselves to be used as
instruments of injustice, caveat emptor, violenti non fit injuria, the
"neighbour principle" "there should not be liability without fault” the
principle of freedom of contract, in probate law whenever possible effect
should be given to the wishes of the deceased.
It has been said that "we decide under rules but in the light of principles".
This illustates the point that a rule either applies a case or it does not, and
if it applies then case has to be decided as the rule prescribes. Principles,
on the other hand, can be compared to proverbs. Several apparently
contradictory proverbs can apply to the same situation. A person
considering how many people should work on "given project could be
told two things that “many hands” make light work" and that "too many
cooks spoil the broth". He is not expected to apply any of these proverbs
blindly; their function is rather to alert him to different relevant
considerations whose effect on the specific situations confronting him he
should carefully consider.
Ronald Dworkin has explained that:
All that is meant, when we say that a particular principle is a

principle of our law is that the principle is one which officials
must take into account, if it is relevant, as a consideration
inclining in one direction or another.
R. Cotterell, in The Politics of Jurisprudence, has offered the example of

the equitable maxims such as "equity regards as done that which ought to
be done" "equity will not perfect an imperfect gift", and "equity will not
allow a statute to be used as an instrument of fraud". Each of these
maxims may suggest a different result when applied to the same case; the
judge's task will be to assess their relative weight in the particular
circumstances and decide which should prevail.
How do we identify the principles of Nigerian law? According to

Dworkin , if we were challenged to back up our claim that some
principle is a principle of law, we would mention any prior cases in
which that principle was cited; or figured in the argument. We would
also mention any statute that seemed to exemplify that principle…
Unless we could find some such institutional support, we would probably
fail to make out our case, and the more support we found, the more
weight we would claim for the principle.
An example of how the court will base its decision on a principle in the
absence of a rule clearly covering the case is provided by the case of
Home Office vs. Dorset Yatch Ltd (1970) A.C. 1004. The facts of the
36
case were that some boys living in a borstal home escaped during one
night, and did extensive damaged in the respondent’s club. The question
was whether the Home Office owed any duty of care to members of the
public to prevent the escape of boys from borstal homes. There was no
previous authority for the existence of such a duty, but a majority of the
House of Lords took the "neighbour principle" as being enough
supporting ground for a decision in the respondent’s favour, even though
the statement of the “neighbour principle” in Donoghue vs. Stevenson
(1935) A.C 562, is not part of the reasons of the case and therefore is not
a rule of law in a strict sense.
At the same time, because the “neighbour principle” is only a principle

and not a rule, a court may decide not to apply it particulary when it
thinks that other competing principles should be given preference in a
given situation. An example of this is provided by the decision of the
House of Lords in Rondel vs. Worsley (1969) A.C. 191. The question
that had to be decided in that case was whether a barrister owed a duty of
care to his client in respect of this presentation of the client's case in the
court. In spite of the existence of the “neighbour principle”, the court
decided that there were other important principles and reasons which
should be given priority in the circumstances of that type of case, like the
need to have finality in litigation and the need to protect the position of
the barrister as an officer of the court.
When the courts have to decide a case for which there is no clear pre-
existing rule of law, they may sometimes reason by analogy from the
decision reached in a similar case or line of prevention of cases, without
invoking explicitly any principle. Thus, for instance, in D. vs. National
Society for the cruelty of children (1978) A.C 17, the House of Lords
had to decide whether the society was entitled to refuse to disclose the
identity of one of its informers despite the fact that this information was
needed for the plaintiff to institute an action for negligence against the
society. The law at the time was believed to be that a person in the
position of the plaintiff was entitled to obtain the information he required
and there was no rule of law authorizing a society to refuse to disclose
that information. However the House of Lords upheld the society’s claim
to withhold its source of information. In reaching this decision the court
reasoned by analogy from the rule of law which allows government
departments to withhold relevant evidence when its disclosure will harm
public interest in the proper and efficient functioning of government.
Even though the society was not a government department the court
reasoned that the functions it carried out justified extending to its sources
of information similar special protection as that enjoyed by, for instance
police informers.
37
1. What will the courts do in situations where there are no pre-

existing rules to decide a case before the court?
2. Differentiate between a principle of law and a rule
3. Discuss three maxims of equity known to you.
4.0 CONCLUSION
Indeed, this is a very important unit. Many lawyers have lost cases
because relevant cases w ere not cited in court during the court
proceedings. Our suggestion in this unit is that as you proceed in your
study, you should read cases and learn how to cite them.
5.0 SUMMARY
At the end of this unit, you have learned how to
(i) Cite of cases;

(ii) Use the Nigerian law reports
(iii) The history of case reporting in Nigeria
(iv) Apply rules and principles in cases, and
(v) How courts decide in cases when there are no pre-existing rules.
6.0 TUTOR- MARKED ASSIGNMENT (TMA)
Write a report on the case between Gani Fawehinmi vs. Abacha. Name
the Justices that heard the case, the court in which it was heard, the
counsel representing each party and what were the issues in contention in
that case.
7.0 REFERENCES
Nigeria
Obilade, A.O. (1994). The Nigerian Legal System, Sweet & Maxwell,
London.
Elegido, J.M. (1994). Jurisprudence, Spectrum Law Publishing: Ibadan,

Nigeria.
38
UNIT 4 METHODS AND APPROACHES IN ESSAY

WRITING
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Methods and approaches in essay writing
3.2 Checklist on the form of letter
3.3 Punctuation
3.4 Uses of certain punctuations
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
The essence of essay or letter writing is to communicate message to the

recipient and this involves, the style or methods. The most effective
words should be used in the most appropriate order so that the choice of
words can create effect. There are no strict rules about style in essay
writing, the idea is that the style to be adopted depends on whether the
letter/essay meant to simply convey information, or persuade the
addressee to act or retain from an act.
2.0 OBJECTIVES
(i) Identify and write informative letters/essays

(ii) Identify and write persuasive letter/essays
(iii) Describe letter/essays’ layout and style
(iv) Correctly use punctuation marks
3.0 MAIN BODY
3.1 Methods and Approaches in Essay writing
There are no strict rules concerning the style/ method adopted in essay
writing, or the layout of a letter. The choice is a matter of style. The
style or layout of letters/essays has continued to improve with
technological aids.
39
Method/ Style
1. Blocked and semi-blocked method / style
The difference is that the blocked styled paragraph starts from the same
left hand margin of the essay /letter head paper, while the semi-blocked
style has the recipient’s address and the main body of the letter set to the
left-hand margin with indented paragraph openings.
2. Open and Close Punctuation
Open punctuated letters omit virtually all punctuation marks (but not
apostrophes) in the address sections of the letter. Close punctuated letters
are generous with punctuations; for example, a comma is inserted at the
end of each line of the address. Modern letters / essays combine the
blocked and open punctuation style to achieve elegance and economy of
words.
1. Is there any hard and fast rule in the style adopted in essay/ letter
writing? If not, why?
2. Write two essays, using the methods or style discussed above for
each.
3.2 Checklists on the Form of a Letter
(a) Letter references, for example" our ref" or “ my ref" and "your
ref". They are usually pre-printed on letter headed paper, and
inserted mainly for filing purposes and cross- referencing.
(b) Date: For example, 4th April 2001 not 4/4/2001.

The North American style is April 4, 2001. The convention in
Nigeria is to use the British style, but whichever style is adopted;
it is important that you are consistent.
(c ) Name and address of the recipient: Official letters should use

the official title of the recipient, for example, "The Managing
Director". But depending on the familiarity, you may address the
recipient by his name before writing the postal address e.g. Mr.
Dele Ayo. Better still, you may combine both the name and the
title e.g. Mr. Dele Ayo, Chairman/Chief Executive Officer. There
are no strict rules and the style adopted depends on your level of
contact with the recipient. You may choose to adopt the open or
closed punctuation style, provided you are consistent.
40
(d) Salutation: This should depend on the gender and the relationship
between you and the recipient. The convention is to use opening
salutation formulae such as "Dear Sir" Dear Madam: Dear Dr.
John, Messrs John & James, Gentlemen". The choice of salutation
depends on how you perceive the recipient, and whether the
letter /essay is formal or personal. Modern essays/ letters are not
restricted to the formal and traditional "Dear Sir", they are more
informal and personal. It is important to note that the salutation
will eventually determine the closing salutation, “Yours sincerely,
Yours faithfully” and so on.
(e) Body of the letter: This is the most important part of a letter/
essay. This is where the message is communicated to the
recipient; the idea is to put the message in a concise and
straightforward language, one main idea per paragraph. In line
with the modern drafting technique, a letter/ essay should be short,
precise and intelligible. The interest of the recipient is paramount,
even where the letter is to threaten the recipient to do or retain
from doing an act. Unless the message is understood clearly by
the recipient, the letter/ essay will not achieve the desired result.
Sometimes one paragraph will be sufficient to communicate the
message, yet it may well require several paragraphs, hence the
length of a letter is determined by the message.
(f) Signature space: The letter /essay must be signed by the

writer.
There should be space to append a hand written signature. It is
good practice to ensure that no letter /essay is signed without first
reading it to correct common errors.
(g) Writer's name and firm's name: You should append your
signature above your name typed in full.
If you are a sole practitioner, you should adopt it this simple
style:
Haruna, Ibrahim
If you are writing on behalf of a firm, that is you have consistently

used "we" you may sign either as:
Signed:
Haruna, Ibrahim
OR
Haruna, Ibrahim & Co
41
Signed:
Haruna, Ibrahim
Discuss brief five of the checklists when writing letter/ essay.
3.3 Punctuation
This is a useful tool by which accuracy and clarity in legal writing is

achieved. The way you punctuate a sentence can determine how well
you communicate with the reader. Punctuations like words are symbols
that by convention are used to stand for certain things. There is no
inextricable connection between these symbols and what they stand for.
But unlike words, which consist of alphabets, punctuations are symbols;
they include the comma, colon, semi colon, question mark, exclamation
mark, bracket and full stop. The grammarian (and broadcasters) use
punctuations to indicate the length of pause, but the concern of legal
writers / lawyers about punctuations is how they can be used to aid
clarity and understanding. There was a time when it was thought that
punctuations were unnecessary in legal documents because they may
mislead, it was expected that the reader should supply them to suit his
needs. This view is supported by Sanford Vs. Raikes (1918) A.C. 337,
where the Master of the Rolls said:
"It is from the words and the context not from the punctuation that
the sense must be collected.
It is true that traditional formal legal documents were without

punctuations but modern legal document departs from this dry style of
writing. It is desirable to use punctuations to achieve elegance, they have
been described as " traffic signals to your readers". It will be absurd to
find a long sentence that is not punctuated.
In Nigeria, the relevance of punctuations in legal documents is settled.

Section 3 (1) of the Interpretation Act provides:
"Punctuations forms part of an enactment and regard shall be had

to it accordingly in construing the enactment".
In Shell- BP Vs. Federal Board of Inland Revenue, a tax case, the

Federal Revenue Court upheld the contention of the appellant that the
commas in the definition are meaningful and must be given their
meanings in accordance with the provision of section 3 (1) of the
Interpretation Act, 1964.
42
The use of comma (,) colon (:) question mark (?), exclamation mark (!)
and full stop (.) are fairly understood by most writers, but the semi- colon
(;) and ellipsis (…) are largely abused. While colon is generally used to
introduce a list, a semi colon is used to separate two complete but related
sentences and it is not (subject to limited exceptions) followed by a
capital letter as in the case of a full stop. Ellipsis is used to stand for one
or more omitted words, when the omission occurs at the end of a
sentence, the ellipsis appears together with a full stop. Under no
circumstance should ellipsis be used in a legal document or drafting, in
other words there should be no omission. Another punctuation that is
commonly abused is the hyphen (-), it should be used when it is intended
that two or more words should be read together as a compound word, for
examples, "Barrister –at- Law" should be "Barrister- at- Law"
It is not possible in a course guide of this nature to discuss all the

punctuations and the rules governing their usage. What is expected of
you is that you should be careful in the use of punctuations because
punctuations form part of legal document and they are relevant for the
purpose of interpretation.
Self |Assessment Exercise (SAE) 2
Why are the uses of punctuation important in legal document? Support

your answer with case law and statutory provision.
3.3 Uses of Certain Punctuation Marks
1. Comma (,): It may be used in any of the following situations:-
a. To mark off items in a list. For e.g. "remove the tables,

chair, and bed".
b. To mark off a group of short clauses. For e.g. "I went to
court, filed the appeal, and bought a law report".
c. To mark off enclosing words. For e.g. "every lawyer, in or
outside the court, must be well behaved".
d. Used in direct quotation. For e.g. "the Judge said, every
lawyer must be present".
2. Semi colon (;): It may used in any of the following situations:-
a. To mark off independent parts of sentence. For e.g. "I was

called to Bar in 2003; and I have since then paid for my
practicing fees".
b. To compare two sentences. For e.g. “It is better to buy now
than later; though it may cost more".
43
3. Colon (:) It may be used in any of the following situations:-
a. To introduce a list. For e.g. "every lawyer must buy: a wig,

gown, collar, and tie.
b. It is used instead of a full stop between two sentences,
where the second sentence gives more explanation to the
first. For e.g. "The lawyer is a good advocate: he masters
the facts of his cases and present them in a logical order".
4. Full stop (.): It may be used in any of the following situation:-
a. To end a complete sentence; except where the sentence is a

question or exclamation.
b. To mark abbreviations. For e.g. LL.B or Mr.
Briefly discuss in what situations will the following punctuations mark

be used: Colon, Full Stop, Semi Colon, Exclamation and Questions.
4.0 CONCLUSION
Legal writing is part of your work as a student of law in NOUN. It is also

very important in law practice; you are therefore advised to take your
writing skill very seriously. Familiarize yourself with the various types
of punctuation marks and practice how to use them.
5.0 SUMMARY
At the end of this unit, you have learnt:
(i) About types of essays / letters;

(ii) The layout/style in letter/essay writing;
(iii) Punctuations marks; and
(iv) Uses of certain punctuations mark.
6.0 TUTOR-MARK ASSIGNMENT (TMA)
Write a well-punctuated essay of about a page, using where possible all

the punctuations marks you have studied under this unit.
44
7.0 REFERENCES
S.O. Imhanobe, (2002). Understanding Legal Drafting and Conveyance.

Academy Press PLC: Lagos, Nigeria
Nigeria.
45
MODULE 3
UNIT 1 ANALYSIS AND NOTE TAKING IN LEGAL

MATTERS
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Analysis and note taking
3.2 Legal writing
3.3 Letter heading papers
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
Analysis and note taking is a kind of instructions given by a client to his

lawyer. The lawyer will have to ask the client questions that will enable
him understand the client’s instructions. The lawyer takes down notes as
the client responds to question, after which the lawyer analyses those
instructions to enable him do his legal work properly. You have to learn
about this at the early stage of your studies.
2.0 OBJECTIVES
(i) Analyze legal instruction;

(ii) Take notes as a law students; and
(iii) Scrutinize, edit and check the note you have taken.
3.0 MAIN BODY
3.1 Analysis and Note Taking
Analysis involves the classification of the notes or instructions you have

taken into the proper legal category. It may even involve consulting
another colleague. Ordinarily, the analysis of note taking should be a
46
simple process. But in practice or reality, it is not as easy and

straightforward as it appears. Even where the analysis is straight forward,
your note should be properly taken.
A legal practitioner who wants to persuade the court over his case should
be able to cite authorities to buttress his case. An authority in legal
argument simply refers to citing of cases and statutory provisions.
Cases are cited in courts during legal tussle. The judge refers to those
cases cited in his chambers or office in order to determine and write his
judgment. The most convincing cases cited and that are relevant to the
case at hand is most likely to obtain judgment in his favour.
Authorities are also cited in legal writing. Legal writing includes legal
textbooks, legal letters, periodicals, law journals, etc. Case law and
Statutory provisions are used in legal writing in order to support a rule or
a principle of law. This makes it more authoritative and convincing.
For example, the case of Carlill Vs. Carbolic Smoke Ball Co. (1893)
can be used to back up argument on what amounts to offer and
acceptance.
The facts of the case:
Mrs. Carlill made a retail purchase of one of the defendant’s medicinal

products: the '”Carbolic smoke Ball". It was supposed to prevent people
who used it in a specified way (three times a day for at least two weeks)
from catching influenza. The company was very confident about its
product and placed an advertisement in a paper, the Paul Mall Gazette,
which praised the effectiveness of the smoke ball and promised to pay
£100 (a huge sum of money at that time) to:
… any person who contracts the increasing epidemic

influenza, colds, or any disease caused by taking cold, having
used the ball three times daily for two weeks according to the
printed directions supplied with each ball.
The advertisement went on to explain that the company had deposited

£100 with the Alliance Bank, Regent Street, London as a sign of its
sincerity in the matter. Any proper plaintiffs could get their payment
from that sum. On the faith of the advertisement, Mrs. Carlill bought one
of the balls at the chemists and used it as directed, but still caught the flu.
She claimed £100 from company, but was refused it, so she sued for
breach of contract. The company argued and said there was no contract
for several reasons, but mainly because:
47
(i) The advert was too vague to amount to the basis of a contract-
there was no time limit and no way of checking the way the
customer used the ball;
(ii) The plaintiff did not give any legally recognized value of the
company;
(iii) One cannot legally make an offer to the whole world, so the
advert was not a proper offer;
(iv) Even, if the advert could be seen as an offer, Mrs. Carlill

had not given a legal acceptance of that offer because she
had not notified the company that she was accepting, and
(iv) The advert was a mere puff, that is, a piece of insincere
sales talk not meant to be taken seriously
The Court of appeal found that there was a legal enforceable agreement,
a contract, between Mrs. Carlill and the company. The company would
have to pay damages to the plaintiff.
Also statutory provisions, apart from case law can be used to support
legal argument. For instance, sections 33-40 of the 1999 Constitution of
the Federal Republic of Nigeria may be used to support argument on
fundamental human rights depending of course on the right being
enforced.
Analysis and note taking in legal matters are as important as the use of
authorities in legal argument and writing. Discuss.
3.2 Legal writing
You can be engaged in legal writing on a daily basis. This could be in

form of letter writing, drafting of Wills, deed of assignment, quit notice
and negotiation or settlement letters. Writing good legal documents is an
art that cannot be taken for granted? A common erroneous believe is to
assume that legal writing does not require preparation. This is not true.
What is committed to a letter is a permanent record and sometimes
cannot be restated or recalled. A letter reveals a lot about the writer and
the course of a legal transaction may depend on the letter exchanged by
the parties. Apart from letter or legal writing, there are other aspects of
general communication you may wish to know:
48
(i) Memorandum
(ii) Reports, and
(iii) Opinions
The difference between a letter and other forms of communication is that

a letter is ‘out of house’ communication while the other forms of
communication are 'in house' communication. Before writing a letter,
you must first consider whether it is absolutely necessary to do so, this is
because a meeting or a phone call may serve you better. Once you have
decided to write, you must ensure that you communicate the message.
The legal writing or letter writing tells a lot about the relationship
between you and the addressee. You should therefore consider three
basic things before writing any type of letter:
(i) The opinion of the law on the issue to be communicated;

(ii) The psychology of the recipient; and
(iii) Recent correspondence with the recipient (if any) to bring
yourself up-to- date.
The class of prospective recipients vary, they often include:
a. Your client
b. A vendor or purchaser;
c. Other colleagues or lawyers;
d. Opponents, and
e. The bench i.e. judges of courts of law, including the
magistrates.
As the classes of recipients vary, so do their psychology. There are some

issues that may assist you in fashioning your approach to the recipient
and choosing your language:
(i) Recipient's age;

(ii) Recipient's educational background;
(iii) Recipient's professional interest;
(iv) Recipient's taste and preference; and
(v) Recipient's prejudices.
The essence of legal writing is to communicate a message to the recipient

and this involves the various styles. The most effective words should be
used in the most appropriate order so that the choice of words can create
effect. There are no strict rules about styles, the idea is that the style to be
adopted depends on whether the letter is meant to simply convey
information, or persuade the recipient to act or retain from an act.
49
Legal writing by a lawyer is different from any form of writing by a

linguist. Why is this so?
3.3 Letter Headed Papers
This is the printed part of the letter sheet, usually A4 or A5 paper. The
design is important hence you may use a skilled graphic designer and
quality paper, preferably the conqueror paper. This portrays a good
image of the person or firm to the recipient of your letters.
Neither the Legal Practitioner Act nor the Rules of Professional conduct
provides for the contents of a legal / letter headed paper, however,
inference may be drawn, from sections 278 (1) and 631 (1) (C) of the
Companies and Allied Matters Act. (CAMA)
Section 278 (1) provides that:
“Every company to which this section applies shall, in all business letters
in which the company’s name appears… state in legible character in
respect to each director, the following particulars.
a. His present forename;

b. Any former names and surname; and
c. His nationality, if not a Nigerian;
Section 631 (1) provides that:
"Every company, after incorporation shall:
Section 631 (1) (c) provides that:
“Have its name and registration number mentioned in legible character in

business letter of the company"
Though the above provisions deal with companies, the standard letter
headed paper provides for certain basic information. Generally, it should
contain the firm's name, address, and telephone numbers, Fax, E-mail
and Names of the partners or associates.
Is there any legal requirement for letter headed paper?
50
What was the bone of contention in the case between Gani Fawehinmi
Vs. Legal Practitioners Disciplinary Committee (LPDC) (1985), 2,
W.N.L.R. pt 7. P. 300.
Write a letter to a colleague asking for settlement out of court.
4.0 CONCLUSION
This is a very important unit. This is so because one way or the other,
you are engaged in legal/letter writing. A good mastery of legal writing
will assist you in you legal practice and as a student of the NOUN
studying law.
5.0 SUMMARY
At the end of this unit, you have learnt:
(i) How to analyze note taking in interviewing a client;
(b) About legal writing; and

(c) About the legal requirements for letter headed paper.
6.0 TUTOR MARK ASSIGNMENT (TMA)
Write a letter on an improvised letter headed paper to your client

informing him/her that you have concluded negotiations on the piece of
land he instructed you to purchase.
7.0 REFERENCES
S.O. Imhanobe, (2002). Understanding Legal Drafting and Conveyance.

Academy Press PLC: Lagos, Nigeria
Nigeria.
51
UNIT 2 AUTHORITATIVE ELEMENTS IN BOOKS AND

JUDICIAL OPINION
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Authoritative elements in books
3.2 Judicial opinions
3.3 Judicial reasoning
4.0 Summary
5.0 Conclusion
7.0 Reference/Further Readings
1.0 INTRODUCTION
Books constitute the stock of a law library and can be regarded as the
most important single entity available for the conduct of legal research
and thereby serve as authorities elements in legal works. Legal textbooks
consists of scholarly views, opinions, commentaries and authoritative
expositions in certain subject areas, such textbooks are categorized by
the audience or the status of people to which they are directed like
undergraduates, postgraduates, academic researchers, practitioners and
other topic issues that are foreign or local.
2.0 OBJECTIVES
(i) Identify some legal textbooks as authoritative and persuasive,

(ii) Explain what is meant by judicial opinions;
(iii) Describe how courts its opinion on a particular case before it.
(iv) List types of legal textbooks that are authoritative
3.0 MAIN BODY
3.1 Authoritative Elements in Books
When a court is unable to locate a precise or analogous precedent, it may

refer to legal textbooks for guidance such books are subdivided
depending on when they were written. In strict terms, only certain works
are actually treated as authoritative. Amongst the most important of these
works are those by Glanville from the 12th century, Bracton from the 13th
century, Coke from the 17th century and Blackstone from the 18th
52
century. The courts look at the most eminent works by accepted experts
in particular fields order to help determine what the law is or should be.
For example, the citation of Sherbet’s “Judges on Trial” and De Smith,
Wolf and Jewell, Judicial Review of Administrative Action, in Lord
Browne- Wilkinson’s statutory Interpretation in Wilson vs. Secretary of
state for Trade and Industry (2003).
The Nigerian local scene can also boast of an impressive array of

distinguished legal text writer whose publications are as authoritative in
every material respect and who have attained international recognition.
Late Honorable Judge T.O. Elias formerly of the world court at The
Hague, Netherlands, was a pace – setter. His works cover such areas as
constitutional law, international law, customary law and virtually all
recognized fields of legal devours. Other notable legal writer, whose
works are authoritative are Professor Ben Nwabueze, Dr. A. Aguda, Dr.
Olakunle Orojo, Justice Karibi-Whyte, Professor Nwogugu Professor
Okonkwo, Professor Peter Oluyede, Justice C. Oputa, Professor Itse
Sagay, Professor A.O. Obilade and Justice Kayode Eso.
Apart from citations in various academic papers, the opinions and view
of some of the legal textbooks writers have been referred to with
approval in court proceedings. For instance authoritative texts like
Johnson’s History of the Yourbas; Coker’s family properly among the
Yourbas, Obi’s Ibo land law and Ajayi’s history of West Africa have had
of certain prevailing customary practices in some societies. The same
applies to Elias’ Nature of African customary law (1956).
Legal textbooks have authoritative elements in them. However, this does

not make them binding. Discuss.
3.2 Judicial Opinion
If, within limits, courts have a choice to decide which way decisions are
to go, what is it, if anything, that governs or controls that choice?
Certainly not ordinary logical dedication or inference in the sense of
syllogistic reasoning, for legal rules, ideas and concepts are expressed in
words, whose uncertain sphere of operating precedes the statement of
legal reasoning in the rigidly defined terms by which conclusions may be
logically deduced from stated premises. Nor id this surprising, for not
only do legal rules and concepts depend for their usefulness on their very
indefiniteness’s and flexibility, but as Oliver wended Holmes remarked,
life of the law been not logic but experience.
53
Ordinarily language, in which law is necessarily expressed is not an

instrument of mathematical precision but possesses what has been
described as an open texture. Some part of the meaning of words is given
by ordinary usage, but this does not carry one far in those peripheral
problems, which law courts have to solve in applying words, and legal
rules expressed in words. Rules of law are not linguistic or logical rules
but to a great extent rules for deciding.
The essence of legal reasoning is in all essentials, save that the lawyer
engages in a more searching inquiring for precise reasons for his
decisions, comparable to the process of reasoning or practical problems.
Thus, when a court decides that something is good or desirable, beautiful
or ugly, this is judicial opinion or court expressing judgments. This
opinion may be intended as a mere expression of a subjective emotion,
but more after it involves implicitly or explicitly the idea that one can
give reasons in support of that judgment.
Moreover courts, like ordinary people, may and generally do employ

differing criteria, reflecting varying altitudes towards the solution of the
problems with which they are called upon to deal. No analogy is
compelling in a purely logical sense as leading to a necessary conclusion;
but as a practical matter human beings do reason by analogy, and find
this in many instances useful way of arriving of normative or practical
decision. The basis of this approach is primarily human experience of the
efficiency and utility of analogical reasoning. This is judicial opinion.
What do you understand by judicial opinion?
3.3 Judicial Reasoning
You may want to know to what extent judge’s use logical reasoning in
reaching their decisions in particular cases and to determine which
forms, if any, they make use of.
Some statutory provisions and also some common law rules can be
expressed in the form of a syllogism. For example, the offence of theft
may be reduced into such a formulation.
If ‘A’ dishonestly appropriates B’s property with the intention of

permanently depriving B of it, then ‘A’ is guilty of theft.
‘A’ has done this,
Therefore, ‘A’ is guilty of theft.
54
This however, represents an over-simplification of the structure of

statute, but more importantly, the effect of concentrating on the logical
form of the offence tends to marginalize the key issues in relation to its
actual application. Obviously, the great majority of cases are decided on
the trust of the premises rather than the formal validity of the argument
used. In other words, argument will concentrate primarily on whether ‘A’
actually did the act or not and, secondly, on whether ‘A’ appropriated the
property either dishonestly or with the intention of permanently
depriving B of it.
In looking for a precedent on which to base a decision, judges are faced

with a large number of cases from which to select. It is extremely
unlikely that judges will find an authority which corresponds precisely to
the facts of the case before them. What they have to do is to find an
analogous case and use its reasoning to decide the case before them. This
use of analogy to decide cases is prone to some shortcomings. The major
difficulty is the need to ensure the validity of the analogy made, if the
conclusion drawn is to be valid.
Thus, the apparent deductive certainty of the use of precedence is

revealed to be on the much less certain use of inductive reasoning and
reasoning by analogy, with even the possibility of personal views of the
judges playing some part in deciding. This latter factor introduces the
possibility that judges do not in fact use any form of logical reasoning to
decide cases, but simply deliver decisions on the basis of an intuitive
response to the parties involved. The suggestion has been made that
judges decide the outcome of the case first of all and only then seek some
post hoc legal justification for their decision; and given the huge number
of precedents from which they are able to choose, they have no great
difficulty in finding such support as they require. The process of logical
reasoning can be compared to the links in a chain, one following the
other, but a more fitting metaphor for judicial reasoning would be to
compare of with the legs of a chair; faced into place to support the
weight of a conclusion reached a prior. Some critics have even gone so
far as to deny the existence of legal reasoning altogether as a method of
determining decisions, and have suggested that references to such are no
more than a means of justifying the social and political decisions that
judges are called upon to make.
In conclusion, however, it is not suggested that legal reasoning does not

employ the use of logic, but neither can it be asserted that it is only a
matter of logic. Perhaps the only conclusion that can be reached is that
legal reasoning as exercised by the judiciary is an amalgam; part
deductive, part inductive, part reasoning by analogy, with an added
mixture of personal intuition, not to say personal prejudice.
55
1. What are the major differences between judicial reasoning and

judicial opinions?
2. How do courts or judges arrive at a decision by deductive
reasoning?
3. With good examples, differentiate between deductive, inductive
and analogical types of reasoning.
4.0 CONCLUSION
Legal textbooks form the bulk of a law library and therefore, it can be
said that books by authoritative legal writers are essential for any
successful legal practice. Authoritative books are both foreign and local
and the courts rely on them in situations where there are no pre-existing
rules to decide a particular case before. Although, these authoritative
legal textbook, are not binding on the courts, they are persuasive in
nature.
5.0 SUMMARY
In this unit, you have been exposed to:
(i) authoritative elements in legal textbooks;

(ii) judicial opinion;
(iii) judicial reasoning; and
(iv) how courts arrive at decisions by amalgamation of the different
types of logical reasoning.
6.0 TUTOR MARKED ASSIGNMENT.(TMA)
1. Why do courts have to rely on legal textbooks that are

authoritative?
2. Authoritative legal textbooks are not binding on the courts. Why
do you think this is so?
7.0 REFERENCES
Imiera, P.P. Knowing the Law (2005). Fico Nigeria Ltd (FHM): Lagos,
Nigeria
Dada, T.O. General Principles of Law (1994), T.O Dada & Co.: Lagos,
Nigeria.
Slapper & Kelly, (2004). The English Legal System 7th ed. Cavendish
publishing Ltd: London.
56
Freeman, M.D.A (1994). Lloyd’s Introduction to Jurisprudence (1994)

6th ed; Sweet & Maxwell: London
57
UNIT 3 APPLICATION OF LEGAL RULES IN SOCIAL

MATTERS
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 Application of legal rules in social matters
3.2 Division of topics into chapters; sections and subsections
3.3 The legal profession
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
One of the most characteristic features of 20th century jurisprudence has

been the development of sociological approaches to law. The social
sciences have an influence this century almost comparable to that of
religions in earlier periods. Legal thought has tended to reflect the trends
to be found in sociology. More recently conflict theories have tended to
dominate the sociological stage and these have been reflected in legal
thinking.
2.0 OBJECTIVE
By the end of this unit you should be able to know:
(i) Explain how legal rules are applied to social or societal problems;
(ii) Explain the Roscoe pond social engineering doctrine; and
(iii) Describe the role of law in reconciling conflicts in society.
3.0 MAIN BODY
3.1 Application of Legal Rules in Social Matters
For Roscoe Pound, jurisprudence or the theory of law is not so much a

social science as a technology and the analogy of engineering is applied
to social problems. Pound was concerned primarily with the effect of law
upon society and only to a lesser extent with questions about the social
determination flaw. Little attention is paid to conceptual thinking. The
creative role of the judiciary is in the forefront, as is the need for a new
58
legal technique directed to social needs. The call is for a new functional
approach to law.
Pound’s view of the law is that law is a reconciler of conflicting interest

in the application of legal rules to social matters. So for Roscoe Pound,
the law is an ordering of conduct so as to make the goods of existence
and the means of satisfying claims go round as is possible with the least
friction and waste. Pound regards these claims as interests which existing
for recognition and security. The law recognizes some of these interests,
giving them effects within defined interests. Pound attempted to expound
and classify the categories of interests, which are thus acknowledged in a
modern democratic society. In this approach, Pound rather recalls the
methods of Aristotle’s distributive justice. This seems to ignore the
extent to which existing law is based on giving effect to vested rights.
Pound’s own approach to the application of legal rules to social matter

was somewhat infertile. He looks to actual assertions of claims in a
particular society, especially as manifested in legal proceeding and
legislative proposals; whether accepted or rejected very much on the
state of the law discourages litigation on doubtful new points. The failure
of English law to develop more than a rudimentary corpus of social
security case- law is an example. It must be stated therefore that there are
interests not only in the sense of what people want but in the sense of
what may be good for them regardless of their actual desires.
Pound sees law or legal rules as adjusting and reconciling conflicting

interests. It is an instrument, which controls interest according to the
requirements of the social order. It therefore follows that law represents
the consciousness of the whole society. Ultimately, it only serves those
interests that contribute to the good of the whole society. So Pound
identifies the task of the good of the whole society. So Pound identifies
the task of the lawyer as that of a “social engineer; (who) formulates a
programme of action, attempts to gear individual and social needs to the
valves of western democratic society. Law should be placed in its social
context, of using these methods, of recognizing that many traditional
jurisprudential questions are empirical in nature and not purely
conceptual.
Roberto Unger in his law in modern society claims that each society
reveals through its law the innermost secrets of the manner in which it
holds men together. Unger’s study of the legal order is directed towards
showing why citizens of liberal society find it both necessary to
subscribe to the rule of law and impossible to achieve it by applying it to
social matters. The disintegration of traditional types of legality and legal
thought reveals far- reaching changes in society and culture.
59
What do you understand by Roscoe Pound’s “social Engineering”
3.2 Division of Topics into Chapters, Sections and

Subsections
In Essay or project writing, a topic is chosen as the title of the project.

The length of the project determines the number of chapters to be
written. For example project topic title: “the law relating to job security
in Nigeria” may consist of the following chapterisation:
Chapter one: Introduction Chapter

two: Literature review
Chapter three: Job security in Nigeria
Chapter four: Comparative studies of job security in Nigeria and other
jurisdictions
Chapter five: Conclusion/suggestion/ recommendation.
Each of the chapter above may also consist of sections and subsections
e.g. chapter one above:
1.1 Introduction
1.2 Objective of study
(i) Background of job security
(ii) Unfair dismissal of employee
All other chapters can be subdivided into sections and subsection. The
method and approach adopted is purely subjective. This entirely depends
on the choice of the project writer.
Also, statutes can be divided into chapters and subsections. A good

example is the Nigeria 1999 constitution. It contains chapters, sections,
and subsections. For example, parts of a statute may consist of the
following parts;
i. Short title
ii. Long title
iii. The preamble
iv. Commencement or extent clause
v. The Enacting clause
vi. The operative section
vii. Proviso
viii. Marginal notes
ix. Interpretation clause
x. Explanatory notes
60
xi. Consequential provisions

xii. Schedules or tables
xiii. Transitional provisions
xiv. Signature or assent
Topics are divided into chapters, sections and subsections for easy
reading and understanding. When essays or projects are two lengthy in
nature, it becomes boring and verbose. A reader may easily loose interest
in studying or reading the work; to this end, it becomes necessary and in
line with modern educational trends to divide topics into chapters,
sections and subsections, with proper academic references or footnoting.
Why it necessary or important to divide projects into chapters?
3.3 The Legal Profession
The legal profession in Nigeria is over a hundred years old. The

profession has also had a somewhat chequered development. Law is no
doubt, one of the earliest professions in the world. Legal profession is
made up of law officers as well as judicial officers. The law officers are
the practicing lawyers who are at the bar and the judicial officers are
those who presided over the courts as judges and magistrates. These are
known as members of the Bench.
The Bench consists of judges of the High court appointed through special
procedure laid down in the Constitution of the Federal Republic of
Nigeria. Judges are appointed by the president on the recommendation if
the Advisory Judicial Committee with the approval of the law- making
body. The Chief Justice of Nigeria is appointed by the president in
Consultation with the approval of the National Assembly. He must be a
legal practitioner of not less than fifteen years experience and must be of
good character.
Justices of the Court of Appeal are expected to possess minimum of

twelve years experience while judges of High court shall have ten- year
experience. Judges are expected to retire at the age of 70 years and earn
their salaries for life. When judges retire, they cannot appear in any court
as legal practitioners. They could also be removed only through specially
laid down procedure, e.g. due to a serious misconduct unbecoming of a
person of that status or due to ill health or unsound mind.
Unlike a judge however, magistrates are regarded as members of the

lower Bench and they are appointed by the Public Service Commission
on the advise of the Chief Judge of a state. Upon retirement or
61
resignation magistrates can still practice as legal practitioners, unlike a

judge of the higher Bench.
All members of the Bench are given wide powers to enable them perform
their duties without fear or favour e.g. the contempt powers which enable
them to deal firmly with any act of indiscipline outside or inside their
courts.
The Bar consists of the legal practitioners. The Attorney – General of the
Federation is the official leader of Nigerian Bar. Any legal practitioner is
entitled to practice as a barrister and as solicitor. This means that the
profession is fused in Nigeria unlike England where one is either a
qualified Barrister or a solicitor.
A Barrister goes to court to do advocacy or conduct litigation. A solicitor

does not go to court; he merely renders advisory services and prepares
legal documents. When a legal practitioner has acquired a wide range of
experience, he could be appointed as a Senior Advocate of Nigeria
(SAN) as a mark of honour and respect. This status entitles him to certain
rights and privileges in the field of legal practice. For instance, there are
minimum limits to the briefs he could take in terms of value. His cases
shall be mentioned or called first before appearing in court and be must
always be accompanied by a Junior.
The Licensing of lawyers is done by the council of legal education and

the Body of Benchers both of which are established by law, while the
Body of Benchers does the call and admits lawyers into the legal
profession.
The council of legal Education was established by the Council of legal

Education Act 1962. Its main function is to arrange for the education of
persons seeking to become members of the legal profession. The council
established the Nigerian law school for this purpose and essentially
offers professional course for the award of B.L (Barrister at law). The
council is also charged with the responsibility of continuing education
for members of the legal profession in Nigeria.
The Nigerian law school offers courses in specialized areas of the

Barrister’s and Solicitor’s functions. To be admitted into the school, the
person must have obtained a pass degree in law from an approved
university. The NLS has absolute right to admit and recommend to the
Body of benchers persons whom it deems fit and proper to be member of
the legal profession in Nigeria. The locus classicus is the case of Dr.
Okonjo vs. Council Of Legal Education (1979) Digest of Appeal
Cases 28.
62
The council also accredits institutions or facilities of law preparing

students wishing to become lawyers with regards to their facilities like
lecture rooms, staffing, library and other vital educational materials.
The Body of Benchers consists of:
1. The Chief Justice of Nigeria and all the Justices of Supreme

Court;
2. The Attorney- General of the Federation;
3. The President of the Court of Appeal;
4. The President of the Federal High Court;
5. Chairman of Council of Legal Education;
6. The Attorneys – General of all the states;
7. The President of the NBA;
8. Members of the NBA of not less than fifteen years post – call
experiences.
The Chief Registrar of the Supreme Court of Nigeria keeps and

maintains a registrar-containing roll of legal practitioners. Only those
called to the Bar and produce certificate of all to the Registrar are
enrolled on the same day when the seniority ranks start to run.
The legal profession is regulated by strict rules of consult and attitude

contained in the legal practitioners Act 1975 (as amended). It is
important that a legal practitioner should pay his practicing fees before
he can appear in any law court. Law also regulates the fees charged by
lawyers on their clients.
Legal practitioners are also entitled to certain privileges like being

appointed notaries public and SAN. The signature of a notary public is
recognized allover the world. A senior Advocate Nigeria is to have taken
“the silk” upon appointment. It is the equivalent of the ‘Queen’s counsel
(Q.C) “ in England. He leads the court. He must appear with a junior
always. His matters are accorded priority attention on the court’s cause
list.
1. What is the difference between the Bench and the Bar?

2. What are the major functions of the council of legal education and
the body of Benchers?
3. Read the case of Dr. Okonjo vs. council of legal education, state
the fact of the case, the issues and the decision of the court.
63
4.0 CONCLUSION
Indeed, this is a very important unit. The unit enables you to know how
legal rules are applied to social matters and the doctrine of social
engineering as propounded by Roscoe Pound. A brief study of the legal
profession in Nigeria was also discussed. Our suggestion is that you
study more on this unit on your own in the recommended texts below.
5.0 SUMMARY
In this unit, you have learnt about the following:
(i) the application of legal rules in social matters;

(ii) division of topics, into chapters, sections and subsections;
(iii) the legal profession;
(iv) the council of legal education;
(v) the Bench; and
(vi) the Bar and constitution of the Body of Benchers.
6.0 TUTOR MARKED ASSIGNMENT (TMA)
List in the order of hierarchy the constitution of the Body of Benchers.
7.0 REFERENCES
Nigeria
Dada, T.O. General Principles of Law (1994), T.O Dada & Co.: Lagos,
Nigeria.
Freeman, M.D.A (1994). Lloyd’s Introduction to Jurisprudence (1994)

6th ed; Sweet & Maxwell: London
64
UNIT 4 THE STRUCTURE OF COURTS IN THE

CONTEMPORARY ENGLISH LEGAL SYSTEM.
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
4.0 Conclusion
5.0 Summary
6.0 Tutor –Marked assignment
7.0 References
1.0 INTRODUCTION
A working knowledge of the English court structure in required for the

understanding of the location of adjudication, the types of dispute
handled and the interaction of culture and personnel. This is important
because Nigeria inherited her legal system from the English system. You
should learn the jurisdiction of each type of the English court just like
Nigerian courts, how it fits into the hierarchy of courts, how it compares
with other courts in terms of workload and how it is organized. The
relevant English courts are, beginning with the lowest:
1. Magistrates Courts;
2. County courts;
3. the High courts;
4. the Court of Appeal;
5. the House of Lord;
6. the Judicial Committee of the Privy Council; and
7. T he European Court of Justice
2.0 OBJECTIVES
1. Explain the essential nature of an English court and the particular

kind of decision-making;
2. Identify the main types of court currently used in the English legal
system and outline the nature of their jurisdiction; and
3. Highlight the distinguishing feature in the operation of a court
from arbitration and mediation.
65
3.0 MAIN BODY
Structure of English Court
1. Magistrates’ Courts
Magistrates’ courts in the English system have a wide and varied

jurisdiction. They are involved in some way in virtually all criminal
prosecutions, magistrates hear cases concerning young persons when
constituted as a youth courts, family or domestic proceedings, as well as
enforcement of income tax or local tax.
Magistrates’ courts are therefore of enormous importance in the English

system in the criminal justice decision-making process. They also grant
or refuse licenses for the sale of alcoholic liquor, betting, etc. Aside from
their breadth of jurisdiction, the most important feature of the English
magistrate courts is the extensive involvement of lay people (non -
professionals) as judges.
There are approximately 26,000 magistrates who sit as unpaid, part-time

lay judges, in Inner London, by contrast, there are Professional
Stipendiary Magistrates’, who are also called judges and Magistrates
Court, who are advised by a professionally qualified clerk.
2. The County Courts
There are almost 250 County Courts in England and Wales. As a result
most medium sized and large towns contain this court of first instance in
the civil justice process. The bulk of cases heard before them are routine
attempts at debt collection. The modern county courts date from 1846.
Their jurisdiction has always been subject to both financial and
geographical limits, but within those limits, jurisdiction has generally
been concurrent with that of the High Court.
As of January 1999, while actions for certain sums may begin in the
county court and more on the High court, the county court will normally
hear cases in contract and torts to a limit of £25,000, and certain property
and other matters to a limit of £30,000. Claims in contract or tort
between £25,000 and £50,000 can either be heard in the county court or
High Court, while claims over £50,000 will be heard in the High Court.
Most of the work in the county courts is conducted by District Judges of
whom there are around 370 in England and Wales.
66
Discuss briefly the jurisdiction of the Magistrates and county courts

under the English Legal System.
3. The Crown Court
Although predominantly a court of first instance, for the trial of the more
serious criminal offences, the Crown Court also has significant appellate
and civil business. The most controversial aspect of the crown courts
jurisdiction concerns the extent to which an accused person should have
the right to insist upon trial by jury.
4. The High Court
The High Court is based in London, with various provincial branches.

The High Court has three branches:
1. The Chancery
The court of chancery mainly deals with trust matters, conveyances,

mortgages, contested probate, intellectual property other than that
covered by the Patent Court, bankruptcy and appeals from decisions of
commissioners of Inland Revenue.
2. The Queen’s Bench

This court deals mainly with personal injury, contract and tort
claims.
3. The family Division
This court hears divorce cases and ancillary matters, and children
Act cases.
What do you think is the basic difference between the English High
Court and the Nigerian High Court?
67
HOUSE OF LORDS
Head: Lord Chancellor
Lord of Appeal in Ordinary (12)
COURT OF APPEAL EUROPEAN
Lords Justice of Appeal (36) COURT OF
JUSTICE
Civil Division Criminal Division
Judges (15)
ll HIGH COURT i i
Puisné Judges (107)
Queen’s Bench Family Chancery CROWN

Division Division Division COURT
Head: Puisné Judges
Head: vice- Head:
73 judges President & Recorders President
assigned 17 judges chancellor (1,415
17 judges
in post full-time)
assigned
Plus
Note: Puisné Judge: any Advocates-
ordinary judge of the High General (8)
Court.
A COURT OF
MAGISTRATES’ COURTS REFERENCE,
COUNTY COURTS NOT APPEAL
Lay Magistrates (JPs, around
Circuit Judges (622) & District 30,000) & 105 District Judges REFERENCE
Judges (410 full-time) (Magistrates Court) MAY BE
MADE
FROM ANY
COURT IN
THE SYSTEM
The contemporary court structure (adapted from Holland and

Webb (2003), P. 13
68
5. The Court of Appeal
The court of Appeal was established by the Judicature Act (JDA) 1873.
Together with the High Court of Justice, the court of Appeal forms the
Supreme Court of Justice.
Senior judges, serve the court of Appeal currently 35, termed Lords
Justices of Appeal. Additionally, the Lord Chancellor, the President of
the family Division of the High Court, the Vice Chancellor of the
chancery Division and High Court Judges can sit. The court hears
appeals from the three divisions of the High Court, the Divisional Courts,
the county courts, the Employment Appeal Tribunal, the Lands Tribunal
and the transport Tribunal. The most senior judge is the Master of the
Rolls. Usually, three judges will sit to hear an appeal, although for every
important case five may sit. In the interests of business efficiency, two
judges can hear some matters. These include:
1. Applications for leave to appeal;

2. An appeal where all parties have consented to the matter being
heard by just two judges; and
3. Any appeal against an interim order or judgment.
6. The House of Lords
Acting in its judicial capacity, as opposed to its legislative one, the

House of Lords is the final court of appeal in civil as well as criminal
law. Its judgments govern the courts in England, Wales and Northern
Ireland. They can also govern civil law in Scotland. Most appeals
reaching the House of Lords come from English civil cases.
The appeals are heard by Lords of Appeal in ordinary, of which there are
currently 12. Two of these must be from Scotland and one from Northern
Ireland. Other senior judges like the Lord Chancellor sometimes sit to
hear appeals. It is customary only for peers with distinguished legal and
judicial careers to become Law Lords. For most cases, five Law Lords
will sit to hear the appeal, but seven are sometimes convened to hear
very important cases.
7. The European Court of Justice
The European Court of Justice (ECJ) sits in Luxembourg. Its function is

to ensure that in the interpretation and application of this treaty (The
EEC Treaty 1957) the law is observed. The ECJ is the ultimate authority
on European law. As the Treaty is widely composed in general terms, the
court is often called upon to provide the necessary detail for European
law to operate. By virtue of the European Communities Act 1972,
69
European law has been enacted into English law, so the decisions of the
court have direct authority in the English jurisdiction.
The ECJ hear disputes between nation and between nations and
European institutions like the European Commission. An individual,
however, can only bring an action if he is challenging a decision that
affects him.
The treaty states in Article 234 that any to the ECJ if it considers that a
decision in that question is necessary to enable t any judicial or quasi-
judicial body however low ranking, may refer a question it to give
judgment and that such a reference must be made where any such
question is raised in a case before a national court from which there is no
further appeal.
Lord Denning MR formulated guidelines in Bulmer Vs. Bollinger

(1974) as to when an inferior court should refer a case to the ECJ for a
preliminary ruling. He offered four guidelines to determine whether the
reference was necessary within the meaning of Article 234:
1. The decision on the point of European law must be conclusive of

the case;
2. The national court may choose to follow a previous ruling of the
ECJ on the same point of community law, but it may, choose to
refer the same point of law to the court again in the hope that it
will give a different ruling;
3. The national court may not make a reference in the grounds of
acte clair where the point is reasonably clear and free from doubt;
and
4. In general, it is best to decide the facts first before determining
whether it is necessary to refer the point to community law.
The ECJ is a court of reference, the ruling the court makes is
preliminary, in the sense that the case is then remitted to the
national court for it to apply the law to the facts. The court only
addresses itself to points from actual cases; it will not consider
hypothetical problems.
Lord Diplock in R Vs Henn (1981) has characterized the ECJ’s work in

the following way:
“The Courts, applies teleological European court, in contrast to

English rather than historical methods to the interpretation of the
Treaties and other community legislation. It seeks to give effect to
what it conceives to be the spirit rather than the letter of the
Treaties, sometimes, indeed, to English judge, it may seem to the
exclusion of the letter. It views the communities as living and
70
expanding organisms and the interpretation of the provisions of the

Treaties as changing to match their growth”.
The ECJ is made up from senior judges from each member state (15) and
a President of The Court assisted by nine Advocates General. The
Advocates General are persons whose independence is beyond doubt and
their task is to give to the court a detailed analysis of all the relevant
legal and factual issues along with recommendation. The court does not
necessarily follow the recommendations, but they can be used on later
occasions as persuasive precedent. The court attempts to ensure
consistency in its decisions, but is not bound by precedent to the same
extent as a court in England.
8. The European Court of Human Rights
The European Court of Human Rights (ECHR) does not arise from the
EU, but arises from the 1950 European Convention on Human Rights,
signed by 21 European States including, the U.K. It deals with matters
relating to human and political rights. The ECHR sit in Strasbourg and
consists of judges from each member state. The signatory states
undertook to guarantee a range of human and political rights to the
citizens within their jurisdictions.
9. Judicial Committee of the Privy Council
Judicial Committee of the Privy Council was created by the Judicial

Committee Act 1833. Under the Act, a special committee of the privy
council was set up to hear appeals from the Dominions. The cases are
heard by the judges (without wigs or robes) in a committee room in
London. The committee’s decision is not a judgment but an advice to the
monarch, who is counseled that the appeal be allowed or dismissed.
The committee is the final court of appeal for certain common wealth
countries that have retained this option, and from some independent
members and associate members of the common wealth. The committee
comprises privy counselors who hold or have held high judicial office. In
most cases, which come from places such as the Cayman Islands and
Damaica, the committee comprises five Lords of Appeal in ordinary,
sometimes assisted by a judge from the country concerned. The decisions
of the privy council are very influential in English courts because they
concern points of law that are applicable in this jurisdiction and they are
pronounced upon by Lords of Appeal in ordinary in a way which is thus
tantamount to a House of Lords’ ruling. These decisions however, are
technically of persuasive precedent only, although English courts
normally follow them.
71
1. Using a well-labeled diagram, show the hierarchy of court in the

English legal system.
2. Discuss the role of the European court of Justice and the European
court of Human Right on the administration of Justice.
3. Is there any similarity between the English court system and
Nigeria court system?
4.0 CONCLUSION
Court can only decide questions of law, and its decision in each case is
based on the Generally, the appellate record made during the trial.
Appellate courts do not receive new testimony or decide questions of
fact, and in a lot of jurisdictions the appellate courts only issues written
opinions. All jurisdictions in the English legal system have a final court
of appeal.
5.0 SUMMARY
In this unit, you have learnt that the different courts are arranged in a
hierarchical framework on the basis of seniority. The higher the level of
seniority, the greater the court’s authority. This is essential for the nature
of precedent. In general there is trial courts and appellate courts. The
former are the courts where the trial is heard sometimes referred to as
courts of first instance. Where the parties appear, witnesses testify, and
the evidence is presented. The trial court usually determines any
questions of fact in dispute and then applies the relevant point of law.
Usually, once the trial court reaches a decision, the losing part has a right
to appeal to an appellate court.
What are the differences if any, in the system of adjudication between

the Supreme Court of Nigeria and the House of Lords in England?
7.0 REFERENCES
Nigeria
Slapper & Kelly, (2004). The English Legal System 7th ed. Cavendish
publishing Ltd: London.
Morrison, W.J., A. Gearey and K. Malleson, (2004). Common Law

Reasoning and Institutions, University of London Press: U.K.
72
UNIT 5 THE HIERARCHY OF THE JUDICIARY IN THE

ENGLISH LEGAL SYSTEM
CONTENTS
1.0 Introduction
2.0 Objectives
3.0 Main Body
3.1 The hierarchy of the judiciary
3.2 Overview of the different ranks of Judges
3.3 Judges Functions
4.0 Conclusion
5.0 Summary
1.0 INTRODUCTION
The role and function of the judiciary in England and Wales has changed
considerably in recent years. It has become larger, more professional and
better trained, while its increasing role in interpreting and applying
human rights law and scrutinizing official decision-making has drawn it
into more politically sensitive areas.
One impact that these changes have had on the English judiciary is that
the judicial appointment process has attracted more public attention. In
particular, the continuing lack of diversity in the composition of the
judiciary, the risks of politicization and the lack of accountability in the
selection process have become more pressing issues in the light of the
expanding role of the judges. For instance, in 2004, these concerns led to
the introduction of fundaments changes to the judicial appointments
process.
2.0 OBJECTIVES
(i) List the main functions performed by the judges;

(ii) Explain the way the system of precedent works;
(iii) Describe the process by which English judges are appointed; and
(iv) List the possible means by which the English judicial
independence and
judicial accountability are protected and promoted.
73
3.0 MAIN BODY
3.1 The hierarchy of the English Judiciary
In the 1970s, there were around 300 judges in England and Wales, by
2002 this figure had grown to over 3,500 of which approximately one -
third are practicing lawyers who sit as part-time judges. Almost all full-
time judges are appointed after a period of part-time service, which is
seen as a way of testing out the competence of those who seek judicial
office. There is a wide range of judicial officers in England and Wales
and most judges hear both criminal and civil cases at trial and appeal
level.
Before 2004 the England judiciary was headed by the Lord Chancellor.
He was also the speaker of the House of Lords (legislative) and a
member of the cabinet (government). These overlapping constitutional
roles became increasingly controversial as they breached the principle
that there should be a separation of powers between the judiciary, the
legislative and the executive. In 2003, the English Government
announced that the office of the Lord Chancellor was to be abolished.
This change was included in the Constitutional Reform Bill introduced in
2004, which established the Lord Chief Justice as the Head of the
Judiciary. The proposed abolition of the office of Lord Chancellor has
attracted some strong opposition and it is likely possible that there will
be amendments to the Bill, which will result in the office of Lord
Chancellor being retained in some more limited form. One outcome
which seems clear, however, is that the Lord Chief Justice will have a
much more extensive role than in the past.
In addition to being the most senior sitting judge, the Lord Chief Justice
is also the Head of the Court of Appeal (criminal Division). Under the
provisions of the Constitutional Reform Bill, he is also now formally the
Head of criminal justice. The other most senior judges are the Master of
the Rolls (MR) Head of the civil Division of the Court of Appeal and
Head of Civil Justice, the President of the Family Division (Head of the
family Division of the High Court and from 2004 Head of family
Justice), and the chancellor (Head of the chancery Division of the High
Court). Until 2004, the Chancellor was known as the Vice Chancellor but
has been re-titled in anticipation of the abolition of the office of Lord
Chancellor.
Highlight and discuss the main characteristics and features of the English
judiciary between 1970 to 2004.
74
3.2 OVERVIEW OF THE DIFFERENT RANKS OF

JUDGES SUPREME COURT JUDGES
At the time of writing this course guide, the highest court in the U.K is
the Appellate Committee of the House of Lords. Its members are known
as the Law Lords (the upper chambers of parliament). They are full-time
judges. Under the provision of the Constitutional Reform Bill 2004, the
Laws Lords will be removed from the House of Lords and reformed into
an independent Supreme Court so as to ensure a clear separation between
the judiciary and the legislature. It is not clear exactly when this change
will be implemented. Once the new system is up and running, it is
envisaged that the current and future judges in the Supreme Court will
fulfill essentially the role and functions as the Law Lords have done. The
judges will continue to be appointed from the Court of Appeal, though
they may occasionally be appointed directly from practice or from
amongst leading academics. The court’s role will continue to be hearing
both civil and criminal appeals of general public importance.
(a) Lords and Ladies Justice of Appeal
Judges in the court of Appeal are usually appointed from the High court.
They hear both civil and criminal appeals. The civil division sits in
panels of twos or threes while the criminal division sits in threes, usually
made up of one Lord Justice with two High Court judges or with one
High court judge and one circuit judge.
(b) High Court Judges
High Court Judges (or puisne judges) are usually appointed from the
ranks of Recorders or Deputy High Court Judges, or occasionally from
the circuit Bench. They are appointed to one of the three Divisions of the
High Court (Queen’s Bench family and chancery) and regularly travel
around England hearing the most important civil and criminal cases.
(C) Deputy High Court Judges
These judges are also senior practising lawyers who sit as part-time High
Court Judges. They do not have security of tenure and are appointed
when the workload of the court requires more temporary judges. Some,
however, still go on to be appointed to be full-time High Court Bench.
(d) Circuit Judges
Usually appointed from among Recorders or district judges, circuit

judges hear middle-ranking and more serious criminal cases in the
Crown Court and civil cases in the County Court.
75
(e) District Judges
The District Judges are appointed from Deputy District judges. Most
district judges are former solicitors. They handle the bulk of less serious
judicial work in the County Court. They carry out a wide range of
different work such as family cases, breaches of contract and negligence
claims.
(f) District Judges (Magistrates’ Courts)
These are professional magistrates who are lawyers (unlike the majority
of about 30,000 magistrates, who are lay people). They sit in the
Magistrates’ Courts hearing mostly the more serious criminal cases.
They also hear some civil work such as family cases.
(g) Recorders
These are part-time judges. They are practicing lawyers (barristers or

solicitors) who sit as judges for approximately 20 days per year. They
hear both criminal and civil cases sitting in the Crown Court and County
Court.
Identify and explain the major difference and similarities between the
English Judiciary and Nigerian Judiciary in the category of persons
appointed as judges.
3.3 Judges’ Function
Dispute Settlement
Most judges spend most of their time in work relating to dispute

settlement in the civil and criminal courts. In civil courts, this involves
determining procedure, deciding which facts are proved, applying settled
law to those facts, reaching a decision, writing a judgment setting out the
reasons for that decision and deciding on costs. In criminal cases, fact-
finding is carried out by lay magistrates and juries. Professional judges
sit in the Crown Court with a jury and decide questions of law and
procedure, costs and sentencing. Since most defendants either plead
guilty or are found guilty, sentencing is a major function of a criminal
judge. The sentencing system in England and Wales, in contrast to that of
other jurisdictions such as many U.S. States, offers a wider measure of
judicial discretion.
76
(a) Case Management
Since 1999, when the major reforms were introduced to the civil justice
system in English legal system following the Wolf report, judges have
spent much more of their time actively managing cases before and during
trial. Previously, judges usually came to court knowing very little about a
case and were expected to fulfill a limited ‘reference’ role, leaving much
of the management of the case to the lawyers. Presently, they must read
the papers before the trial and participate in decisions about matters such
as which expert witnesses are to be called.
(b) Training
Changes such as the growth of case management, the introduction of the

Human Right Act 1998 and the expansion in the range of sentencing
options available to judges, have all increased the need for the English
judiciary to receive appropriate training. Traditionally, however, judges
did not consider that training was necessary and indeed, regarded it as a
potential threat to their independence. The establishment in 1979 of the
Judicial Studies Board, which provides training to judges, was only
considered acceptable because judges ran it and the training provided
was largely voluntary. Since then, however, the range and amount of
training have increased and judges now generally welcome all the
training they can get although this still amount to only a few days a year
in average.
(c ) Extra-judicial Activities
In addition to the diverse range of judicial work, which judges carry out,
many also fulfill a number of different responsibilities not directly
related to their caseload. Many senior judges are involved in decisions
about staffing resources and deciding which cases will be heard by which
judges and when. Almost all judges are involved in the consultation
process for the appointment to judicial office. Some judge spend time
dealing with the media advising on the use of information technology in
the courts, consulting with court users’ groups, receiving and giving
judicial training, delivering lectures and public speeches, writing
personal articles, and giving evidence to or heading government inquires.
(d) Judicial Review
Senior judges also play an important role in placing a check on official

action. Over the last 40 years in the English legal system judges have
developed the law of judicial review which gives them the power to
quash decisions that are illegal because they go beyond the decision-
77
maker’s powers or have been arrived at through an unfair or irregular

procedure.
(e) Interpreting Statutes
Legislation has increased in quantity and scope in the English

jurisdiction. As a result, many cases decided in the courts now involve
the consideration of statutory provisions. Three rules have traditionally
been used to assist judges in deciding how to interpret legislation that is
unclear or has more than one possible meaning. The traditional approach
to statutory interpretation is to respect the authority of the words in the
statutes drafted and to seek to apply their plain and obvious meaning,
whether or not this reading leads to a sensible outcome (the ‘literal
approach’). A modification of this approach is the golden rule which
states that where the application of the literal rule lead to a manifest
absurdity, the judges are required to interpret and if necessary adapt the
language of the statute in order to produce a sensible outcome. More
recently, judges have increasingly preferred a third approach – the
‘mischief rule – which seeks to identify accurately, the need to
understand why parliament wished to pass the law in the first place. This
is sometimes called a ‘purposive or purposeful approach’.
1. Discuss briefly any three traditional functions of the judges.

2. Describe the ways judges approach the task of interpreting
statutes.
3. What is judicial review? Why do you think judicial review is
necessary in any legal system?
4.0 CONCLUSION
The literal rule, golden rule and mischief rule are guidelines developed
by the courts to help the judges approach the task of statutory
interpretation. Increasingly, judges apply a purposive approach, which
requires them to look for the underlying intention of parliament in
passing the statute
5.0 SUMMARY
In this unit, you have learnt that the judiciary in England and Wales is
organized in a clear hierarchy of ranks with relatively low levels of
specialization. Most judges hear both civil and criminal cases at first
instance and at appeal. Throughout the system there is a heavy reliance
or the use of part-time judges, many of whom go on to be appointed to
full-time post.
78
6.0 TUTOR-MARKET ASSIGNMENT (TMA)
Describe two advantages and two disadvantages of the traditional

reliance on the use of part-time judges in the English legal system.
7.0 REFERENCES
Nigeria
Morrison, W.J., A. Gearey and K. Malleson, (2004). Common Law

Reasoning and Institutions, University of London Press: U.K.
79

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BAZE UNIVERSITY, ABUJA

COURSE CODE: 102

COURSE TITLE: LEGAL METHODS II

COURSE OUTLINE & STUDY PLAN

1.0 INTRODUCTION ………………………………… 1

PHILOSOPHY OF LEGAL EDUCATION: The program is committed to outcome-based,

LLB LEARNING OBJECTIVES:

SKILLS AND VALUE CONTENT

TEACHING APPROACH (S):

REQUIRED COMPETENCE FOR THE COURSE

semester examination. The breakdown of the course assessment is as follows:

LEGAL METHOD II - LESSON PLAN

1. Class introduction- KYT/KYS (Know your teacher/know your student)

 Abiola Sanni Introduction to Nigerian Legal Method pgs 245-257

1. Explain what you understand by “secondary sources of law”.

1. Presentation of pre-class assignments 1-5 -30mins

1. When can a book be said to be authoritative?

1. Write short note on your understanding of what a library is.

6. Visit the library and do the following:

1. Teacher review of lesson -10mins

1. What is writing and what does writing entail?

What you will learn in this course

The overall aim of LAW 102 is to introduce the fundamental principles

2.0 COURSE AIMS

This will be achieved by aiming to:

(i) Introduce you to the basic sources of law;

3.0 COURSE OBJECTIVES

Set out below is the wider objectives of the course as a whole. By

On successful completion of this course, you should be able to:

i. Explain the various sources of law;

4.0 WORKING THROUGH THIS COURSE

5.0 COURSE MATERIALS

Major components of the course are:

6.0 STUDY UNITS

These are 12 study units in this course, as follows:

Each unit contains a number of self-tests. In general, these self-tests

There are some books you should purchase for yourself:

7.0 ASSIGNMENT FILE

The presentation schedule included in your course materials gives you

9.0 TUTOR-MARKED ASSIGNMENTS (TMAS)

units. However, it is desirable in all degree level education to

Final examination and grading

Course marking scheme

Table 1 course-marking scheme

4. Legal research Week 4

Table 2-Course organizer

How to Get the Most From this Course

1. Read this course guide thoroughly

There are pre-class activities as already indicated in your Course

1. What there are differences between primary and secondary

Unit 1 Sources of Law …………………………… 1-4

Unit 1 Legal Research …………………………….. 19-27

Unit 1 Analysis and Note Taking in Legal Matters 46-51

At the end of this unit, you should be able to:

(i) Define the term” source of law”.

3.0 MAIN BODY

3.1 Primary source

legislative or statutory instruments and are usually entrusted to Ministers or

Self Assessment Exercise (SAE)1

Discuss briefly on legislation and statutes as the primary source of law.