CONTEMPT OF COURT Flashcards

1
Q

Types of Contempt?

A

-Criminal Contempt-Ex Facie & In Facie
-Civil Contempt-In Facie Curiae

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2
Q

What is Criminal Contempt?

A

Criminal contempt, is regarded as consisting of words or acts obstructing, or tending to obstruct or interfere with the administration of justice

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3
Q

What is Civil Contempt?

A

Civil contempt is regarded as consisting of disobedience to the judgments, orders or other processes of the court, and involving a private injury.

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4
Q

What happens when a contempt is committed ex facie?(criminal)?

A

It must be investigated by the police & cannot be summarily.

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5
Q

Proof of contempt?

A

Beyond reasonable doubt
Awobokun v. Adeyemi

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6
Q

Procedure for Civil Contempt Ex Facie Curiae?

A
  1. Issue FORM 48-Notice of disobedience of court order.

After 2 days and no action is taken by the contemptor, issue FORM 49-To show cause why contempt should be entered into for him.

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7
Q

Punishment for Contempt?

A
  1. May be pardoned where the court is of the opinion that it was not intentional
  2. May be pardoned the individual where he purges himself.
  3. Criminal Contempt-3 months
  4. Civil Contempt-6 months HALSBURY LAWS
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