LAW AND THE REGULATION OF HUMAN CONDUCTS Flashcards
1
Q
……. are; law of contract, Wills law, family law and law of tort
A
Examples of civil law
2
Q
● Man is a ……… animal and universally lives with his fellow man.
A
gregarious
2
Q
From time immemorial societies always had the mechanisms by which it regulates conduct of its
members, this mechanism exists in the form of…….
A
Law
3
Q
Law is one of the most effective formal means of………
A
social control
4
Q
……… is the most basic and elementary function of law in the society.
A
Social regulation
4
Q
Law is referred to as an instrument of………
A
social control
5
Q
An example of the status of general application is the…….
A
interpretation act.
5
Q
In……. the common law and equity were merged togetherhigher authority.
It is the law applying to Britain
and its colonies.
A
1875
6
Q
…………..are those laws that were in force in England which apply directly to Nigeria.
A
Status of general application
7
Q
while at the state level it is called…….
A
a law
7
Q
At the federal level body of rules is known as……..
A
an act
7
Q
…….. are previous decisions or judgements of the courts which bind the courts in subsequent similar decisions.
A
Case laws
8
Q
The doctrine of judicial precedents draw from the doctrine of…….
A
stare decisis.
8
Q
stare thesis means that the
decision of the higher courts are binding on the……..
A
lower courts
8
Q
……..is also known as non-muslim or ethnic law.
A
Customary law
9
Q
Thomas Aquinas describes eternal law as the plan of the………
A
Divine wisdom
10
Q
The supreme Court of Nigeria define customary law as a…… of accepted usage among the given people
A
Mirror
11
Q
● A custom must passed three tests before it can be enforced. They are…….., ………. and ……
A
repugnancy test,
incompatibility test, and a public policy test.
12
Q
……… is a set of rules that govern the conduct of Muslims.
A
Sharia law
13
Q
In Nigeria the Sharia law derives
its validity from four basic sources;
A
the holy Quran, the Sunan, the Ijima, and the Quiyas
13
Q
Sharia law exists only in the …….. part of Nigeria.
A
northern
14
Q
Classifications of law;
A
international law, municipal law, public law, private law, criminal law, civil law, common law and civil law, common law and equity, written and unwritten law, substantive
and procedural law.
15
Q
……. is also known as national or domestic law
A
Municipal law
16
Q
Examples of…..are; constitutional law, administrative law, criminal law
A
public law
17
....... is the law that regulates the relationship between persons. Examples are; contract
law, family law, law of tort.
Private law
18
........ are committed against the state and also prosecuted by the state.
Crimes
19
In Nigeria crime is
regulated by two bodies of law; .
the criminal code act and
the penal code act
20
......which is applicable to Southern Nigeria
the criminal code act
21
Three classifications of crimes in Nigeria are;
felonies, misdemeanor, simple offences
21
the penal code act which is applicable to......
Northern Nigeria
22
........ are punishable by death or imprisonment for 3 years and above. An example is murder.
Felonies
23
........ are punishable for a term of imprisonment between 6 months and not up to 3 years. Examples of forceful entry and unlawful assembly.
Misdemeanors
24
Common law legal system is also known as........
Anglo-American law.
25
The proponents of natural law are:
Thomas Aquinas, Socrates,
Aristotle, Cicero, John Finn, Zenno Grotius and St. Augustine
26
An example of ......... are cruelty to animals.
simple offences
27
In,........the constitution vests lawmaking power on the legislature which comprises of national assembly at the federal level and on the state house of assembly at the state level.
Nigeria
28
Law emanates from a..........
higher authority
29
It is the characteristic feature of............ that makes any order a law and not a mere lay
down
punishment
30
In Nigeria the law making power is vested on the ......
national assembly
31
Characteristics of law are the following:
law is normative, law is made by a sovereign, Law is coercive, law is the expression of the common will of the people, law exist in a social setting, law has territorial limitation, law is dynamic, law is universal.
32
For..........., law is an ordinance of reason for the common good, made by him who cares for the community.
Thomas Aquinas
32
The definition of law has been the battleground of........
jurists
33
In Arabic law means.......,
alqanoon
34
In Latin law means.......
legam
34
In French law means
droit
35
In Hindu, law implies.....
Dharma
36
To the Romans law means.......
jus
37
in Islam Law means...
hokum
38
.........., defines law as a rule of human conduct, imposed upon and enforced among the members of a given state
Nnabue
39
....,. defines law as the prophecies of what the court to do.
Oliver Wendell Holmes
40
.......natural law Theory, positivist law Theory, sociological
Theory, functional Theory,
historical Theory, realist school of thought, utilitarian law.
Theory of law
41
..,....... Theory is the oldest theory of law.
Natural law
42
Natural law school of thought postulates that there are............ from a supernatural being which governs the universe.
universal basic principles
43
The natural theorists claim that law derives its validity from the notion that........
nature is perfect.
44
........ is law as it ought to be.
Natural law
45
● The proponents of positivist school of thought are:
John Austin
Hans kelson
H.L.A. Hart.
46
These ......., believe in a formal and written form of law.
positivist theorists
47
The....... of any law is dependent on whether it is made by determinate person.
validity
48
The positivist define law as the........ of the sovereign.
Command
49
For this, positivist school of thought, law is commanded by a sovereign and backed up by ...........
sanction
50
The positivists denied ......... the status of a law.
International law
51
.......... is law as it is.
Positivist law
52
The major proponent of sociological school of thought is.......
Roscoe pound.
53
According to the sociological school, law is meant to ...........
Solve social problem
54
This sociological school of thought perceives law as an instrument of......
social engineering
55
The major proponent of the functional school of law is
Oliver Wendell Holmes Jr.
56
The major proponent of the historical school of law is .........
Friedrich Carl Von Savigny.
57
........school of thought postulates that law is made in accordance with the previous experiences of a particular people.
Historical
58
All........ proceeds from the custom or history of a people.
law
59
This, ....... theory is criticized on the basis that the society is dynamic as such it is difficult to 'fix a value to each interest which requires balancing'
sociological
60
........is used to regulate crimes in the society.
Penal technique
61
..........is an official means of regulating human behavior and society.
Social control
62
Techniques employed by law to achieve.......... are; Penal technique, grievance remedial
technique, private arranging technique, administrative regulatory technique, constitutive
technique, conferral of social benefit technique and Fiscal technique.
social control
63
...........identify four functions of law in the society: to maintain law and order, to maintain the status quo, to facilitate maximum freedom of individuals and to satisfy the basic needs of the people.
Roscoe pound
63
Roscoe pound identify........ functions of law in the society:
four
63
The proponents of the realist school of thought are..........
Oliver Wendell
Jerome Frank
Roscoe pound
Chipman Gray
Carl Llewellyn.
64
The...... School argues that laws should be seen as it is or as it is done in the law court and not as it ought to be
realist
65
The......... argued that what the law court or what the judges or what the court do to arrive at their judgement and those judgements are in fact what law is all about.
Realists
66
......... is a major proponent of utilitarian school.
Jeremy Bentham
67
For Utilitarian school, the purpose of law is to guarantee......... and .......... of the people.
communal utility and happiness
68
The utilitarian school recognizes four basic utilities which include
Security
Equality
Liberty and
Abundance.
69
......... of law in Nigeria include; received English law, Nigerian legislations, case laws/judicial
precedents, customary law, Sharia law.
Sources
70
Which theory is criticized on the basis that the society is dynamic.
sociological
71
The received English law is the law that Nigeria inherited from the.........
Britian
72
The received English law comprises of........., .......... and ........
common law, the doctrines of equity and the statutes of general application.
72
The most important of the four basic utilities is........
security
73
The common law is the local laws applicable to the English communities following the Norman conquest of .........
1066 AD
74
Common law was applied by the........ common pleas and exchequer.
King’s bench
75
Due to the rigidity of the common law the doctrines of equity were formed by the chancery court under the......
Lord Chancellor
76
The ........ legal system is characterized by the use of judicial precedents or case laws.
common law
77
Common law legal system uses the ........... of Justice whereby an alleged criminal is innocent until the court says so.
adversarial system
78
Under this common law legal system the burden of proof lies on the ........... who must prove the defendant's crime beyond reasonable doubt.
prosecutor
79
The ........ were first applied in the Earl of oxford’s case.
principles of equity
80
Under the civil law legal system ............. are the major source of law, judicial precedents are not
binding.
Codes
81
In this civil law legal system the burden of proof lies on the ........
Defendant
81
Civil law legal system applies the ............. of Justice whereby an alleged criminal is guilty until he proves otherwise.
inquisitorial system
82
This civil law legal system is applicable to other .......... and ..........
European countries and their colonies.
83
The civil law legal system is rooted in............
Justinian law.
84
The principle of equity States; “equity follows the ...........
law
85
Substantive law defines......... and .........
rights and duties.
86
salmond perceives law
as the ......to the administration of justice.
gateway
87
For Jeremy Bentham the function of law is the maximization of........
happiness
88
For ........ the purpose of law is the adjustment of freedom of the members of society
Kant
89
By the........., the principle of common law and that of equity were merged
judicature act of 1875
90
According to Hobbes and John Locke the ......... of law is the preservation and enlargement of freedom
function
91
In Nigeria, ......... is an example of an unwritten law.
customary law
92
A written law is also known as ........ or .......
a statute or legislation.
93
written law is a body of ........... derived from legislative enactment.
codified laws
94
Procedural law is the process through which the ........ is enforced.
substantive law
95
Procedural law is also known as ........... or ........
adjectival or remedial law.
96
In Inquisitorial system of Justice, the burden of proof lies on the__
defendant's
97
.......techniques regulates the conduct of wholesome activities in the society rather than punishing the offender
administrative regulatory techniques
98
........... of law include; means of social control, means of social engineering, means of social
cohesion, definition of rights and creation of duties, settlement of disputes, administration of
justice, means of social change, provision of sanctions and punishments, provision of methods of modification of law, establishment of social institutions and regulation of power.
Functions
99
According to.......this school law is what the court says it is.
positivists
100
__ is practiced in other European countries except from England
Justinian law
101
A system of Justice whereby an alleged criminal is guilty until he proves otherwise is known as
Inquisitorial system
102
The system of Justice whereby an alleged criminal is innocent until the court says so is known as........
Adversarial
103
In Adversarial system of Justice, the burden of proof lies on the__
prosecutor
104
The two bodies of law in Nigeria are
Penal code and Civil code
