SLC22-W2 / Branches of Law.
Part I
-. According to what was explained in class, according to the law or laws of your country, indicate two examples of public law and two examples of private law, and explain why you consider that these rights are part of public law and private law.
-You must select two laws from your country, you must place them in one of the branches of law explained in class (or with which of the branches of law it is related or similar), you must also explain why you place that law in that specific branch.
PART 1 a
From today's class, I would love to mention some of the laws applicable in my country Nigeria.
Public law.
One of the branches of public law in Nigeria is Administrative law. This aspect of law deals basically with regulating the functions of federal and state government as well as other governmental agencies and their official. This branch of law also gives redress to the person who seeks remedies for the unjust actions of the government. These remedies are usually granted by the courts and they include Certiorari, Mandamus, Prohibition or Judicial reviews.
Another branch of private law practiced in Nigeria is the Criminal law. This area of law deals with crimes and offences committed by individuals, and the state, in turn, gives a corresponding penalty or punishment for such crimes and offences. In Nigeria, some offences and punishments are peculiar to various regions because we practice both Islamic law and customary law together with English law.
The reason why the above-mentioned laws are under public law is because they deal with the activities of the government and the citizens as opposed to private law, which deals with relationships between individuals.
Private law
In my country Nigeria,
One example of private law is Commercial law. In Nigeria, this aspect of law relates to commerce and business transactions such as the sale of goods and chattels. It regulates the rights and conduct of persons and organisations who engage in commercial activities.
The reason why I think these rights under Commercial law are part of private law is because it deals solely with business interactions and transactions carried out by individuals and organisations.
Another law in Nigeria is Family law. Just as we were taught in class, it is a branch of civil law but also has the characteristics of private law. It deals with all the legal rights and relations of families from marriages, divorces, child custody, Wills/inheritance, etc. In Nigeria, this aspect of law is intertwined with the Customary laws and the Islamic laws as well.
The reason why I think these rights are under private law is because it deals with the rights of individuals in a family. I also agree that it falls under public law because the family is a fundamental part of society, and so the state is concerned with the family; hence, it can intervene in its legal processes when conflicts arise.
PART 1 b
Examples of laws in Nigeria:
• Administration of Criminal Justice Act (ACJA)
This law is a Nigerian federal law that was enacted in 2015. Which is a combination of both the Criminal Procedure Code and the Criminal Procedure Act. Its provisions are for the administration of the criminal justice system which aims at ensuring the following:
- Speedy Trials.
- Fair Trial Standard
- Protection of rights of both Defendants and Victims as well as that of the public
- Ensuring the criminal procedure practices align with global best practices.
This law provides for punishment and sanctions for crimes or offences committed by individuals; hence, it can be placed under the criminal law branch of law.
Another law in Nigeria is the Child Rights Act (CRA). It was established in 2003 as a way to adapt and adapt to the United Nations Convention on the Rights of the Child. According to the Act, a child is any person under the age of 18 years. The provisions of this law are to establish and protect the rights of every Nigerian child regardless of their background or status. It also aims to protect every Nigerian child from neglect, abuse or discrimination. It also ensures that every child in Nigeria grows up in a conducive environment fit for them mentally, physically and emotionally.
Some of the rights of a child include:
Right to life
Right to health
Right to education
Right to parental responsibility
Right to participation
Prohibition of child marriage
Prohibition of child imprisonment.
This law can come under both Family law and Criminal law because they both have the jurisdiction to handle all the aspects of a child's rights.
Part II
-. Of all the branches of law (explained in class or that you know and has not been explained), which one do you find most interesting and why?
Part 2
In Nigeria, there is a branch of private law called Property law. This area of law deals with various types of property transactions between legal persons such as individuals and companies. These transactions include Contracts of Sale of Land, Power of Attorney Wills, Leases and Tenancy, to mention but a few. These transactions are usually executed by deed and registered with the appropriate authorities, giving the parties either full ownership rights or mere possession and other privileges over such properties.
These rights in Property Law fall under private law because they deal with the transactions or contracts entered into by individuals over their personal properties and chattels as against public law, which usually involves the government.
I find this branch of law very interesting because it borders on one of the fundamental areas of human existence, which is the ownership and control of resources. It plays an important role in wealth creation, investments and economic growth/stability.
It also raises a deep sense of the nature of ownership, which includes the meaning of ownership, limitations concerning ownership and the rights of individuals regarding the properties they own.
Furthermore, disputes that arise from property ownership are usually the most contentious legal issues in my country, Nigeria and the courts, in resolving these legal issues, apply methods that balance competing interests in very creative ways.
Part III
-. We have all had or experienced moments within one of the branches of law. So you must tell us about your own or someone else's experience but of which you have full knowledge and can adapt or compare it with one of the types of law explained in class.
You must describe this legal situation in detail and explain why you consider it part of that right.
Part 3
I would love to share one of the many intriguing and compelling cases I have been opportune to witness in court proceedings. Was a criminal case of a woman who had a maid of 10 years old living with her. She would physically assault her on different occasions until one day she unfortunately beat her to death. She went ahead to dispose of the young girl's body in a refuse dump collector and reported to the family that the girl had gone missing, probably kidnapped.
At this point, the Police authorities had become involved and started investigations. The woman's husband, who travelled out of the country, had to come back, and he started questioning his wife, who finally confessed to her crime. The husband immediately handed her over to the authorities. She took them to the refuse site where she dumped the body, they met the burnt body and bones of the dead girl. The woman was immediately arraigned to court, where she took her plea of not guilty after her charges of 1st-degree murder were read to her. After months of her Trial and presentation of the case of the state prosecution and the defence, she was found guilty of murder and sentenced to life imprisonment.
This case portrays a typical Criminal case which falls under Criminal law, which regulates the behaviour of individuals and punishments for those who commit crimes. It is also important that we all work together with the authorities in helping Justice to be served, which brings me to commend the actions of the husband in making sure the wife faces the consequences of her actions.
Furthermore, it also shows us the need to enforce the Child Rights Act more strongly in our Judicial system. A child of 10 years old should not be exposed to such violence that leads to her death. Children deserve to be nurtured and raised in a conducive environment.
I am inviting @rossnenye, @chommygift and @emmaprince to take part in this learning challenge.