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WHAT ARE THE LEGAL ELEMENT OF AN OFFECE

An offence is defined as an act or omission which is rendered punishable by some legislative enactment. But if the definition of any particular offence is examined carefully, it will be seen that it nearly always consists of two sorts of elements -physical and mental. An offence is an act or omission done or omitted to be done in a particular state of mind. For example in the offence in section 394 of the Criminal Code, the physical element is the killing of an animal capable of being stolen; the mental element is the intent to steal the skin or carcase. In English law the two the two terms which stand for the physical and mental elements of an offence are, respectively, actus reus (Latin for "guilty act") and mens area ("guilty mind"). Nigerian courts have borrowed and used those terms. Although neither of them is mentioned in the Criminal or Penal Code, there is no harm in using them, provided that it is always kept in mind that they are terms of convenience only-...

What are the types of law

1.Written or enacted laws 2.Unwritten laws 1 Written or Enacted law These are laws, passed by the representative of the people, or the organs of a military government that are empowered to promulgate decrees or edict. Such laws must be passed in the prescribed manner. For example, some laws may require the votes of two-thirds of the total members of the legislature, while others require  only a simple majority. In many countries, the legislature is made up of two Houses -the upper and the lower, whilst in some, there is a single legislative House only. A proposed law is usually submitted to the legislature in form of a bill. After the bill has passed through the legislature,  it is sent to the Head of State, who may be the President or the Governor as in United States of America, the King or the Queen, as in England, for assent. The bill becomes law, only after the giving of such assent in the proper manner. 2  Unwritten Law These are set of binding rules of con...

Why is law obeyed?

Many factors operate to compel general respect for and obedience to the law. The law awards damages and other forms of remedies to the injured, to repair any damage done to him. It also inflicts punishment for crimes, apart from being aimed at protecting the society, is intended to have corrective and deterrent effect on people. In his Studies in History and Jurisprudence,10 Lord Bruce enumerated five grounds of compliance with rule of law: Indolence,Deference, Sympathy,Fear and Reason in that descending order of importance. By indolence, he means sheer mental inertia. The majority always prefer to follow the line of least resistance and will willingly and loyally accept what is laid down for them as guiding principles of behaviour, since they are themselves too lazy to question either the ruler or the rules. His second reason involves deference, either to the personal authority of the law givers(s) or to the impersonal authority of the tradition. It is not good to flout authority ...

The meaning and importance of commercial law

THE MEANING OF COMMERCIAL LAW   The law which regulates commercial transactions between two or more parties; or,to be precise, the law which governs the relations between traders,merchants and others who are engaged in commercial transactions. However,since the word 'law' has a variety of meanings, we shall first inquire into what 'law' really is. It is necessary to distinguish between natural laws and manmade laws. Natural laws deals with deals with that which is, I.e, something the result of wish can be deduced from known observation  of cause and effect,like the laws of gravity,the laws of floatation or certain laws of economics. Manmade laws ,on the other hand,are concerned with law as  it ought to be, I.e.,what the society thinks or lays down as a code of behaviour.Such code of behaviour is based on the values and practices of the society concerned. In the article we are concerned with 'law' in this second sense,i.e.,law in relation to human actions....