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A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. - Education (14) - Nairaland

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Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Yahoo1(m): 8:21am On Sep 16, 2013
gentlefada: then a court order would do..... by the way a subpeona is not only used for withnesses, it can also be used to force someone to provide certain document...
agreed sort of,but i had always known a subpoena to relate to not directly to both parties ,viz plantiff n defendant,but a court order to either a witness or a person or organization that has in their possession documents,videos,property, or suffice;Evidence that might help the court. it compels a witness to testify.



hmmm am sorry if my comment is a bit ragged.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by olalerey(m): 9:25am On Sep 16, 2013
gentlefada: then a court order would do..... by the way a subpeona is not only used for withnesses, it can also be used to force someone to provide certain document...
I hav a ques sir ,IS D POST OF A JUDGE HONORARY? OR HW CN A LAWYER BECUM A JUDGE?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 10:53am On Sep 16, 2013
olalerey: I hav a ques sir ,IS D POST OF A JUDGE HONORARY? OR HW CN A LAWYER BECUM A JUDGE?
its not honarary. first things first, you must be 10 post bar (you must have spent 10 in the profession after ur call to bar). After that the you can start fron the bottom (maybe magistrate court) and work ur way up. Also some people are invited to be a judge.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 11:01am On Sep 16, 2013
Yahoo1: agreed sort of,but i had always known a subpoena to relate to not directly to both parties ,viz plantiff n defendant,but a court order to either a witness or a person or organization that has in their possession documents,videos,property, or suffice;Evidence that might help the court. it compels a witness to testify.



hmmm am sorry if my comment is a bit ragged.

really sorry but i cant put ur sentences together. My knowledge on both concepts (subpoena and court order) are limited but i think one of them would work in the scenerio you have presented. sorry for not anshering ur question well enough. Pls someone else should take it from here
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by lanaVello1(m): 11:05am On Sep 16, 2013
so you can't be a judge without being a lawyer first?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 11:10am On Sep 16, 2013
lana_Vello: so you can't be a judge without being a lawyer first?
to the best of my knowledge NOO
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Yahoo1(m): 1:44pm On Sep 16, 2013
gentlefada: really sorry but i cant put ur sentences together. My knowledge on both concepts (subpoena and court order) are limited but i think one of them would work in the scenerio you have presented. sorry for not anshering ur question well enough. Pls someone else should take it from here
funny,because that was very easy to understand.

A Court order is actually a writ issued by a court of Law dat requires someone to do something,or refrain from doing something. *just like a situation whereby a woman files for divorce,maybe bc she thinks,the husband is influencing the child megatively,if it works out,the court might order that the father pays for child support(i think thats obligatory though),or the court might order that the child live in a kind of enviroment it wants,and the father should have some time(as decided by the court) with the child.

Subpoena on the other hand has to do with my previous write up.

my knowledge is limited too,so i stand corrected though.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by zezeny: 3:28pm On Sep 16, 2013
Well, me sef still be learner for dis field. But let me say d little I know about dese two legal terminologies.
Sub Poena is a latin word dat means "under punishment". It can be divided into two Viz: Sub poena ad testificadum and sub poena ..... (I don forget d second one *winks*). Well, d former one is used to invite a withness to come to court with physical evidences like video tapes, documents etc while d latter I tink invites withness to court but not necessarily with physics, evidences. Well, in short, sub-poena simply invites a withness to court.
Court Order means "mandamus" in latin. It is used to restrain/restrict somebody from carrying out certain actions.
I tink I've been able to contribute my own quota.
NOTE: All dese are based on my understanding of law not from a particular source.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Jaynim(m): 5:50pm On Sep 16, 2013
lana_Vello: so you can't be a judge without being a lawyer first?
You can,In 'some' magistrate/district courts.
Check http://www.freshfactsonlinenews.net/_law.htm
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by IamDejman(m): 7:33pm On Sep 16, 2013
Deji WANDE
Aspiring student of law into OAU, UNIOSUN and LASU

This thread is d 2nd most useful thread to me in NL....To ma senors,kip enlightening us
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Fynestboi: 7:36pm On Sep 16, 2013
IamDejman: Deji WANDE
Aspiring student of law into OAU, UNIOSUN and LASU

This thread is d 2nd most useful thread to me in NL....To ma senors,kip enlightening us

dnt get you u wrote jamb dis yr? Or u just planing to?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 9:06pm On Sep 16, 2013
Jaynim:
You can,In 'some' magistrate/district courts.
Check http://www.freshfactsonlinenews.net/_law.htm
To be a judge in any magistrate or district court, you must have a sound knowledge of the customs and tradition of the locality and at least a diploma in law.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by phtemie(m): 10:28pm On Sep 16, 2013
I think the thread is gradually resuscitating from its previous state of coma.Nice one..We are grasping all what you're passing across..Just keep them coming.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 10:42pm On Sep 16, 2013
This question goes out to law student who have done law of contract(part one guys sorry oo).
For those of us that watch football (the english premier league to be precise) we just experienced a summer transfer window. One event that stood out throughout the transfer window was the 'luis suarez saga' in which at the end of the transfer window liverpool were victorious.
The situation was with suarez and liverpool football club is explained below.
1) at the end of the previous season luiz suarez had a contract extention with contract.
2) the new contract extended the player's playing time at liverpool by a few years.
3) most importantly before this contract extension was signed there was said to be a verbal agreement between liverpool and suarez(lets assume for the sake of argument that agreement exists).
4) the verbal agreement was that if liverpool did not qualify for the chanpions league that season suarez could leave if an offer of more than 40 million pounds was put forward by another club.
5) liverpool did not qualify for the champions league and an offer came for him from arsenal which was 40+1 million pounds
6) but liverpool refused to sell luis suarez claiming that the clause is not in his contract.
Now the question is what are suarez option if he chooses to sue liverpool (taking into account consideration and terms of contract).
Intellectual anshers only pls.....
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 10:42pm On Sep 16, 2013
This question goes out to law student who have done law of contract(part one guys sorry oo).
For those of us that watch football (the english premier league to be precise) we just experienced a summer transfer window. One event that stood out throughout the transfer window was the 'luis suarez saga' in which at the end of the transfer window liverpool were victorious.
The situation was with suarez and liverpool football club is explained below.
1) at the end of the previous season luiz suarez had a contract extention with contract.
2) the new contract extended the player's playing time at liverpool by a few years.
3) most importantly before this contract extension was signed there was said to be a verbal agreement between liverpool and suarez(lets assume for the sake of argument that agreement exists).
4) the verbal agreement was that if liverpool did not qualify for the chanpions league that season suarez could leave if an offer of more than 40 million pounds was put forward by another club.
5) liverpool did not qualify for the champions league and an offer came for him from arsenal which was 40+1 million pounds
6) but liverpool refused to sell luis suarez claiming that the clause is not in his contract.
Now the question is what are suarez option if he chooses to sue liverpool (taking into account consideration and terms of contract).
Intellectual anshers only pls.....
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by IamDejman(m): 9:21am On Sep 17, 2013
Fynestboi: dnt get you u wrote jamb dis yr? Or u just planing to?
i wrote jamb dis year o
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 11:05am On Sep 17, 2013
torres2: [/quote] An advice is needed on a relative who is trying to fill next jamb. He wished to choose UNILORIN but in the past brochures, UNILORIN had always been listed under Common Law & not Law. Is there any difference in it? If yes please tell.
KSU offers law, Unilorin call theirs common law and ABU civil law or so.. It is still law. They all offer the required law courses and if it is combined law it contains element of islamic + common law
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 12:20pm On Sep 17, 2013
gentlefada: This question goes out to law student who have done law of contract(part one guys sorry oo).
For those of us that watch football (the english premier league to be precise) we just experienced a summer transfer window. One event that stood out throughout the transfer window was the 'luis suarez saga' in which at the end of the transfer window liverpool were victorious.
The situation was with suarez and liverpool football club is explained below.
1) at the end of the previous season luiz suarez had a contract extention with contract.
2) the new contract extended the player's playing time at liverpool by a few years.
3) most importantly before this contract extension was signed there was said to be a verbal agreement between liverpool and suarez(lets assume for the sake of argument that agreement exists).
4) the verbal agreement was that if liverpool did not qualify for the chanpions league that season suarez could leave if an offer of more than 40 million pounds was put forward by another club.
5) liverpool did not qualify for the champions league and an offer came for him from arsenal which was 40+1 million pounds
6) but liverpool refused to sell luis suarez claiming that the clause is not in his contract.
Now the question is what are suarez option if he chooses to sue liverpool (taking into account consideration and terms of contract).
Intellectual anshers only pls.....
Consideration is the basis of a bargain. Suarez signed an extension contract with his club to play for more years on the basis that he is free to leave if his club doesn't make it to the UCL. Enough consideration was furnished by him to stay longer, he can sue to seek redress at the court. According to facts presented above the verbal agreement is part of the contract and binding. An offer was made and the club consented to it in form of an acceptance.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 2:37pm On Sep 17, 2013
Fentoluwa: Consideration is the basis of a bargain. Suarez signed an extension contract with his club to play for more years on the basis that he is free to leave if his club doesn't make it to the UCL. Enough consideration was furnished by him to stay longer, he can sue to seek redress at the court. According to facts presented above the verbal agreement is part of the contract and binding. An offer was made and the club consented to it in form of an acceptance.
good ansher. But what if the club contests that the said verbal agreement is not a term since it was not reduced to writing the what would be suarez's position
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 7:55pm On Sep 17, 2013
gentlefada: good ansher. But what if the club contests that the said verbal agreement is not a term since it was not reduced to writing the what would be suarez's position
The argument here is 'how binding is the verbal agreement? Terms of contract may be implied or express. I will say oral contract is binding 'Let me give an example. In my state the then governor promised some loyal traditional rulers cars worth millions of naira if they win their domains for him during d general election which they did. After his re-election he said "his earlier promise was just a gimmick" in the instance above, is the verbal agreement binding?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 9:53pm On Sep 17, 2013
Fentoluwa: The argument here is 'how binding is the verbal agreement? Terms of contract may be implied or express. I will say oral contract is binding 'Let me give an example. In my state the then governor promised some loyal traditional rulers cars worth millions of naira if they win their domains for him during d general election which they did. After his re-election he said "his earlier promise was just a gimmick" in the instance above, is the verbal agreement binding?
nice, but are u aware of the three testsof chesire and fitoot for differenciatiing a term from a misrepresentation.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by ugogozi: 10:48pm On Sep 17, 2013
Onu ogochukwu.
100level.
Law
National open university of nigeria (noun)

1 Like

Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Fynestboi: 10:59pm On Sep 17, 2013
ugogozi: Onu ogochukwu.
100level.
Law
National open university of nigeria (noun)
Welcome cheesy
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 11:05pm On Sep 17, 2013
Fentoluwa: Consideration is the basis of a bargain. Suarez signed an extension contract with his club to play for more years on the basis that he is free to leave if his club doesn't make it to the UCL. Enough consideration was furnished by him to stay longer, he can sue to seek redress at the court. According to facts presented above the verbal agreement is part of the contract and binding. An offer was made and the club consented to it in form of an acceptance.
I don't just know why I find it hard to understand 'CoNsideratioN' in Law of Contract.....Its d only topic givin me problem under Law of Contract.....
Nice thread by the way,I hope D oga's @d top will lecture learners lyk mysef very well grin grin grin grin
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 11:19pm On Sep 17, 2013
Fentoluwa: The argument here is 'how binding is the verbal agreement? Terms of contract may be implied or express. I will say oral contract is binding 'Let me give an example. In my state the then governor promised some loyal traditional rulers cars worth millions of naira if they win their domains for him during d general election which they did. After his re-election he said "his earlier promise was just a gimmick" in the instance above, is the verbal agreement binding?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 11:34pm On Sep 17, 2013
Taylor184: I don't just know why I find it hard to understand 'CoNsideratioN' in Law of Contract.....Its d only topic givin me problem under Law of Contract.....
Nice thread by the way,I hope D oga's @d top will lecture learners lyk mysef very well grin grin grin grin
consideration is actually very easy.
First of all, know that the issue of consideration does not arise when the contract is under seal(in a deed). Therefore, it is applicable to informal contracts(simple contracts) i.e. Contract in writing, spoken form, or by conduct. Examples of these kind of contracts are sales of goods, promise from someone to another etc.
Secondly, i think consideration is simply explained by using sales of goods. For instance, if you want something that a market woman has then you have to give the market woman something in return for what you want from her. That thing you are giving in return (in most cases money except in barter trade) is what is recognised as consideration.
Finally, and this is really important. There are some elements that constitute a valid consideration. One of the is sufficiency i.e. consideration does not need to be adequate to the receiver only sufficient and must be something of value to the receiver. There are other element but am sure u can find that in ur text.
Its a really interesting topic, you just have to law a good foundation in other to understand it.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by gentlefada(m): 11:44pm On Sep 17, 2013
ugogozi: Onu ogochukwu.
100level.
Law
National open university of nigeria (noun)
Pardon me but have ur school been accredited by the council of legal education. I tut u guys are not allowed to run a law programme
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 1:43am On Sep 18, 2013
gentlefada:
nice, but are u aware of the three testsof chesire and fitoot for differenciatiing a term from a misrepresentation.
*clears throat* i read sagay and fogam not cheshire. Misrepresentation is a false statement in the course of negotiation which induce a party to enter in to a contract. Are you saying a sort of misrepresentation occurred? Can you remember that when two parties are accustomed to dealing with each other verbal agreement is binding whether it is reduced to writing or not.
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 1:49am On Sep 18, 2013
Lwyers in da house, I naija legal system, do we make use of jury?
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 2:05am On Sep 18, 2013
gentlefada: full name: fadairo seun
Instittution: OAU
Course: law
Level: 200
*mouth agape* bro, so you are in part 2
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 2:12am On Sep 18, 2013
olire: Lwyers in da house, I naija legal system, do we make use of jury?
jury system is practised in the US. what we have in Nigeria is bench trials, the judge has the final say in any case brought before the court
Re: A Thread For Law And Philosophy Undergraduates, Graduate and Aspirant. by Nobody: 2:33am On Sep 18, 2013
AmiableJay:
It's not the same in every institutions sir. In U.I, we're offering two law courses in Year one. The reason why it's not so in Ilorin is because law in Unilorin is four years.
law is 5 yrs in every nigerian uni. It is jst that unilorin maintains a stable academic calendar. Here are the courses offerred in 100l KSU. 1st semester --> Legal method, Intro to computer, intro to sociology, nigeria people nd culture, basic english grammer, use of english & intro to political science. 2nd semester ---> Legal method II, Use of english II, History nd philosophy of science, Use of library, Psychology & philosophy of sci. As a fresher work harder, it is much easier to hit good grade point in 100l

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