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LEGAL REASONING A )Legal Reasoning and Logic B ) LEGAL REASONING IN JUDICIAL PROCESS Legal Reasoning and Logic • Legal Reasoning and Logic: Logic, Premise, inductive and deductive reasoning, the limitations of legal reasoning. • Legal Concepts, Standards, Rules, Principles and Issues in Law • Language of the law Legal Reasoning and Logic Introduction: • The reasoning of lawyers is practical reasoning. It is reasoning that is oriented towards action. Judges do not decide cases on the case before them, but try to see how the particular case will fit into existing legal rules, categories or concepts before they take their decision. Logic • Logic is that branch of reasoning in philosophy which tries to distinguish a good arguement from a bad one. It tries to detect errors or fallacies in reasoning. • Logic explains why people think in certain ways. It comes up with rules to detect the consistency and validity of any given argument. Most logical arguments contain premises or propositions. • A premise or proposition is a form of conversation. Legal Reasoning and Logic Deductive reasoning Deductive reasoning is concerned with determining rules for a valid argument . Deductive reasoning is often applied to statutes. It is assumed that from a major premise, a minor premise is arrived at; e.g.: All girls like to plait their hair Funke is a girl Therefore Funke likes to plait her hair. Inductive reasoning This is a form of reasoning from a particular proposition to a general proposition. Lawyers use this to select the relevant cases to back up their arguments. Doorset Yatcht v Home ‘Office [1970] A.C 1004 Because X & Y resemble each other in some ways; X & Y ought to resemble each other in every other way. Legal Reasoning and logic Limitations of legal reasoning: • Judges are limited by their world experience and training in taking decisions. • Judges in taking decisions are comparing like items or cases. But while the lay man can depend on common sense, judges have to ensure that his decisions tally with legal concepts and principles. • This is to avoid miscarriage of justice. At all times, the public is free to criticise decisions if they are arrived unjustly. • Judges are also constrained by the concept of fair hearing. In every new case, litigants must be properly heard. Legal Concepts, Standards, Rules, Principles and Issues in Law • Concept and Rules: Legal systems make use of concepts. Concepts are activated through rules. These allow us to determine for example when a contract exists. Legal rules move the court in another direction. The judge when applying concepts should adopt some measure of flexibility. This is because the law is dynamic • Legal Standards: It is a model accepted as correct by custom, consent or authority. Legal Rules and principles are two types of legal standards. In Nigeria, there is a rule that a simple contract is not valid without consideration. Principle: Nigerian courts recognize the principle that people should not benefit from wrong doing. • Rules: Rules in legal reasoning are bound to change as the rules are applied. Language of the law • Language is directive: Legal Language is based on primary(English) language. The legal language is secondary. Legal language is used as a means of social control. The purpose of all legal documents is to influence men’s behaviour for good. But the language may be limited to capture new situations. • Language has Psychological Effect: Words spoken by authorised personnel are authoritative in law. Psychologically, people obey directives because of the nature of person performing it. For example the priest or registrar of marriage has the power to conduct a wedding which is valid. Language of the Law • Legal Effects: The language of the law has legal effects: • People are psychologically used to obeying them • State organs use law to direct the state • The penalty for disobedience is sanctions • The law must refer to social customs to be effective. • The interpretation of language by the courts: • Sharp consequences hang on the legal meaning courts attach to words. • Judges therefore try their best to give the right interpretation to words. • Still most times they have difficulty at arriving at right interpretation. See Mayor of Southport v Morris [1893] 1 QB 359 at 361 Legal Reasoning in the Judicial Process Legal Reasoning in the Judicial Process The doctrine of precedents • Ratio Decidendi • Orbiter dictum • Per incuriam • Persuasive The Court Hierachy • The Supreme court • The Federal Court of Appeal • The High Court • The Magistrate court, customary courts , district courts. Class Assignment • A) Vividly discuss the court hierarchy in Nigeria, by outlining the origin and roles of various courts such as the Supreme Court, Federal Court of Appeal, High Court, Magistrate and District Courts. • B) How does the judgement of the Supreme court affect the court itself, and how does it also affect other courts in the hierachy? The Doctrine of Precedents • What is a Judicial Precedence.--- the lawyer who is faced with an unfamiliar problem seek a precedence as a guide to unavelling the present situation. • This is reffered to in the English Legal system, as well as Nigeria as ‘stare decisis’ • Judges refer to previous court decisions to justify the conclusion reached in the instant case. • Law Reporting: Their has to be an efficient system of law reporting, for the doctrine of precedents to be effective. The doctrine of judicial precedent is a common law doctrine which applies applies to only those courts empowered to administer common law. Judicial Precedents • Ratio Decidendi: When a decision has been reached by a court of superior jurisdiction, lawyers are interested in the principles being laid out. The binding part of the decision is a combination of tested principles and can lead to formulation of new law. • This is known as ratio decidendi or the reason for the decision. This is binding on later judges especially if made by court of superior jurisdiction. These judges may in future decide to narrow the scope of the ratio to suit further cases. Ratio Decidendi • See the caseof Carlil v. Carbolic Smoke Ball Co. [1982] All E.R.ReP. 127, where the ratio is that a contract cannot bemade with thewhole world, but but an offer can be made to the world at large. • The advert in this instancewas an offer, there was acceptance to it by mrs carlil. • Her using the product activated the contract. • case may have more than one ratio decidendi. • See Scruttons v. Midland Silicones [1962] AC 446, where the House of Lords amended its reasoning in the previous case of Elder Dempstar v. Paterzon Zochonis [1924] ac 522 Judicial Preedents • Orbiter Dicta: These are sayings by the judge which are less central to the decision. They are ‘sayings by the way.’ • They concern broader principles of law which may not be applicable in an instant case. • Per Incuriam: This is a decision of the court arrived at without attention being drawn to the relevant statute or authority. It is usually not binding. Judicial Precedents Persuasive Precedents or per incuriam: This includes: • All orbiter • All dissenting judgement • All minority judgement • The ratio of a lower court in hierachy • The ratio of a court abroad or privy council Writings of authors of repute. • Custom The Court Hierachy • Under ‘stares decisis’ a lower court is bound to follow the decisions of a higher court in the hierarchy which has not been overruled. • Such a decision of higher court must not have been over ruled by another higher court. • a lower court can choose which ot two ratios of higher courts it will abide by. See Chime v. Elikwu [1965]NMLR 71 The Court Hierachy • The courts to which ‘stares Decisis ‘ apply to in Nigeria include; • The Supreme Court (Foremerly the Judicial Committee of the Privy Council) • The Federal Court of Appeal • The high Courts • The Magistrate Courts and the District Courts. The Supreme Court • The Supreme Court is at the top of the hierachy, and replaced the privy council as the highest court in Nigeria. • The decisions of thePrivy Councl are binding on the Supreme Court. See See Johnson v. Lawanson [1971] 1 All NLR 56 • The Supreme Courtcan over rule itself. See Odeneye v. Savage 1964 NMLR 115; Williams v. Akinwunmi [1966] 1 ANLR 115 The Supreme Court • The Supreme Court feels comfortable to overrule itself, even if the decision is more than 10 years old. • See Johhson V Lawanson [1971] 1 All NLR 56 where Supreme Court overturned the decision of a full house of 5 Justices. • This attitude is also applicable in the House of Lords which is the highest court in England See the Practice Direction of 1966 • The Supreme court uses precedents to decide what is law, and when to apply them to individual cases. • Its decisions are binding on all other courts to which the doctrine of precedent applies. The Federal Court of Appeal • The Supreme Court Rule of 1961 (L.N.96 of 1961) applies to the Federal Court of Appeal. • However, where there are lacuna’s, rule 36of order VII of the Supreme Court Rules provide that where no other provision is made, the rule of precedent as practised in England will be applicable. • This court replaced the West African Court of Appeal. (WACA) • The rule of precedent as practised in the Court of Appeal are as follows: The Federal Court of Appeal • Generally, the court may decide to choose among several of it’s conflicting to follow any one of its decisions, • Any of its decisions, which though not over ruled, but in conflict with decisions of the Supreme Court of Nigeria may not be adopted. • The court may not follow its own decisions if it was arrived at per incuriam. The Federal Court of Appeal • The Court is bound by the decisions of the Committee of the PrivyCouncil before it was abolished, as the former highest court. • They are also bound by the decisions of the West African Court of Appeal W.A.C.A, before it was abolished. The High Courts • The state high court are on the same revenue with the Federal revenue court as well as the National Industrial Court. • Matters within the legislative competence of one state does not bind other courts on the same hierachy. • Section 35 of the High Court Laws in force in northern Nigeria (See N.N.Laws 1963. Cap 49) provide for the use of the criminal procedure code in the North. The High Courts • Local legislation has received into Nigeria rules of practice observed by the High Court of Justice of England, when our courts have no provision on such, especially in civil cases. • Going by the rules in England, a high court may sit as the court of first instance with one judge, or an appellate court if two judges are sitting. The High Courts • A judge in the south is not bound by the decisions of another high court sitting as a court of first instance or sitting as a n appellate court with two judges. • This is because they are regarded as judges of equal or co –ordinate jurisdiction • But a high court in the north sitting as appellate with two judges, binds the courts sitting with one judge. The High Court • The practice in the north is in line with the practice in England . Here when the high court sits with two judges or more, it is known as a divisional court and its decisions are binding on the other high courts. • See the statement of Lord Goddard in Police Authority for Huddersfield v. Watson [1947] K.B 842 at 848 • Every High Court in Nigeria, in exercise of its federal jurisdiction binds all magistrate courts in the country, and district courts in the north. The High Courts • A High Court is bound by the decisions of the Supreme Court and Federal Court of Appeal. • A High court in Nigeria sitting as a court of appeal is bound by its own decisions. But: • A) it can decide which of two conflicting decisions to follow • B) it cannot follow its own decision which has been over ruled buy the supreme Court. Magistrate Courts and District Courts • Magistrate courts of a state are bound by the decisions of the High Court of the state. • This is by virtue of their position in the hierarchy of courts to which the doctrine of judicial precedent applies. • District courts in the north are also bound by the decisions of the high court of the state. • Magistrate courts and district courts are not bound by their previous decisions , and can always exercise an option whether or not to follow such precedents. Shifting of Fact and Law in Court • Section 2 (10) of the Evidence Act, Cap. 112 LFN 1990 defines a fact to include: • A) Anything, state of things or relation of things capable of being perceived by the senses • B) Any mental condition of which any person is conscious • The term shifting of fact is the obligation or evidential burden on the part of parties to a proceeding to prove to the court that the fact he asserts exist. This will enable the court give judgement. See s 134 (1) of the Evidence Act Shifting of Fact and Law in Court • Burden of Proof: Evidential burden is different from burden of proof. Burden of proof is the duty to convince the courts either beyond reasonable doubt or preponderance of evidence. • In civil cases, burden of proof rests on the plaintiff. He who asserts must prove. Here mostly, it is on preponderance of evidence • The burden is criminal matters rest on the prosecution, and it is beyond reasonable doubt. • See s. 140 of the Evidence Act Cap. 112, LFN Shifting of Law • Juria novit Curia: It is for the court to know the law. Where the parties cannot cite the relevant laws, it is for the court to know the law. • As such, the burden of applying the true facts shifts to the judge who is presumed to know the law. • This is necessary to avoid a miscarriage of justice.