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An A to Z of Law and Legal Practice Terms. -By Joshua Olorunmaiye Esq.

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A for Apple, B for Boy, isn’t that how it went in the nursery school? Even if your nursery school was, say 20 years ago, its still the way it goes these days, except maybe for a few changes.

Thanks to our teachers of yesterday years though, or should I say ‘uncles’ and ‘aunties’. Times have changed, however. Today I’m no more that chubby bow-legged kid made to recite and sing A to Z of the English Alphabet. As of now, Yours sincerely is a qualified legal practitioner; a gentleman of the bar, and who knows what the future yet holds? Plenty, I’d say!

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So I put up this A to Z of Law. With help from Black’s Law Dictionary; the ogbonge international dictionary for interpretation in the field.

The essence of this is simple, howbeit in two folds. First, would serve as a preliminary introduction to some popular key words used in law practice to students who wish to attain the prestigious height of becoming lawyers in the future. Secondly, knowledge sharing to the general public who may from time to time come across these words and be lost as to their meaning. As you may know, some words in contemporary English are given different or deeper meanings in Law, so this comes as help in that regard.

You can be sure that some alphabets are blessed with more than one popular legal term. For instance, the letter J..Judge, Jurisdiction, Judgment, among others. Well..in the end, I’m the uncle here, so I’ve made a choice of them for certain considerations. Learned colleagues, kindly hold your peace!

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Another thing is that with the multiplicity of languages in Nigeria, I’ll bet that some of the alphabets here may not exist in your local dialect. Well…English Language is the language of the law here in Nigeria. Be happy to learn something new. Its all for you…so let’s go!

A- APPEAL: A proceeding undertaken to have a decision reconsidered by a higher authority, especially the submission of the decision of a lower court or agency to a higher court for review and possible reversal.

B- BAIL: A security such as cash or bond required by the court for the temporary release of an arrested or accused person who must appear in court on a future date.

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C- CONSTITUTION: The fundamental, organic and most important law of a nation that establishes the institutions and apparatus of government; defines the scope of governmental, sovereign powers; and guaranties individual rights and liberties. All other laws are subject to its provisions. For instance, the 1999 Constitution of the Federal Republic of Nigeria (as amended).

D- DAMAGES: Money claimed or ordered to be paid to a person as compensation for injury (a wrong) or loss. Used also as the actual injury or loss to a person or property.

E- EQUITY: Fairness, impartiality, evenhanded dealing. Also refers to a set of principles constituting what is fair and right and equivalent to natural justice.

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F- FACTS: They are acts or conditions of things assumed (for the moment) as happening or existing. An actual or alleged event of circumstance which the courts consider during hearing in making a judicial decision.

G- GARNISHMENT: A judicial proceeding in which a creditor/potential creditor asks the court to order a third party who is indebted to the debtor to turn over to the creditor, any of the debtor’s property/wages/bank accounts held by the third party.

H- HEARING: A court session usually open to the public, held for the purpose of deciding issues of fact or of law, and sometimes with witnesses testifying.

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I- INJUNCTION: A court order which in a particular circumstance commands or forbids/prevents a party to an action to do/from doing a particular thing.

J- JUDGE: A public official appointed to hear and decide legal matters in court. A judge’s final decision in a legal matter is known as ‘Judgment’.

K- KIDNAPPING- The crime of forcibly or fraudulently abducting a person often with a demand for ransom. Sections 364 and 273 of the Criminal Code Act (applicable in Southern states) and the Penal Code Act (applicable in Northen States) both provide a penalty of 10 years imprisonment for this crime. However, in 2016, the Nigerian Senate recommended the death sentence to states in Nigeria. States like Enugu, Lagos, and Edo presently use the death penalty.

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L- LITIGATION: The process of carrying on a law suit before a court of law.

M- MOTION: A written or oral application requesting a court to make or grant a specified order.

N- NOTARY PUBLIC: A person authorized by a state to administer oaths, certify documents, attest to the authenticity of signatures, and other legal documents such as deeds.

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O- ORDER: Written direction or command made by the court or Judge.

P- PLEADING: A formal document in which a party to a civil proceeding sets forth or responds to allegations, claims, denials or defenses.

Q- QUANTUM: Latin term meaning ‘an amount’. The desired, required, or allowed amount, quantity or portion of something.

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R- RIGHT: A legally enforceable claim, interest power, privilege, ownership, authority or immunity which ought not to be violated.

S- SENTENCE: The formal pronouncement of punishment imposed on a convicted person upon a finding of criminal guilt.

T- TORT: A civil wrong other than a breach of contract, for which a remedy may be obtained in the form of damages. May also be in form of a breach of duty; being an act or omission due to a particular relationship between persons. Its various forms includes nuisance, negligence, defamation, assault, among others.

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U- ULTRA VIRES: Latin expression which means ‘beyond the powers of’. That an act is unauthorized, beyond the scope of power allowed or granted by a corporate or governing law.

V- VOID: Means ‘of no legal effect’. For instance a marriage or contract may be void if the strict legal procedures or qualifications do not exist.

W- WILL: The legal and documentary expression of an individual’s wishes and intentions about the disposition/distribution of his/her property upon death.

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X- XYY-CHROMOSOME DEFENSE: A defense in criminal law usually used as a basis fro a plea of insanity whereby a male defendant argues that his criminal behavior is due to the genetic abnormality of having an extra Y chromosome which causes him to have uncontrollable aggressive impulses. This defense would further require the expert testimonies of a geneticist and a psychiatrist.

Y- YIELD: To give up, relinquish or surrender a right or interest.

Z- ZETETIC: Adjective to describe a historical proceeding by inquiry or investigation.

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JOSHUA OLORUNMAIYE is a Lagos based Legal Practitioner. He can be reached via email at Joshomaiye@gmail.com and social media @joshgiantfeet

 

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