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Assignment 5

Justice Wits made several decisions in his ruling: 1) He refused to follow a Supreme Court decision, which is acceptable if he provides reasons for material factual differences between the cases. 2) He rejected a textbook opinion relied on by counsel, which judges have discretion to do if they find the opinion unpersuasive or inapplicable. 3) He correctly rejected a customary law allowing slavery since it violates human rights. Customary laws contradicting the constitution can be set aside. 4) He validly adopted a definition from Black's Law Dictionary as long as it is consistent with the legal context. The judge's decisions can be valid if he provides well-reasoned justifications

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23 views2 pages

Assignment 5

Justice Wits made several decisions in his ruling: 1) He refused to follow a Supreme Court decision, which is acceptable if he provides reasons for material factual differences between the cases. 2) He rejected a textbook opinion relied on by counsel, which judges have discretion to do if they find the opinion unpersuasive or inapplicable. 3) He correctly rejected a customary law allowing slavery since it violates human rights. Customary laws contradicting the constitution can be set aside. 4) He validly adopted a definition from Black's Law Dictionary as long as it is consistent with the legal context. The judge's decisions can be valid if he provides well-reasoned justifications

Uploaded by

eniola.osaseyi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Name: Eniola Kingsley osaseyi

Bu/23c/law/9019

7) BB is a first year law student. As part of her continuous assessment in


Legal Method she is required to attend a sitting of a High Court of the
Federal Capital Territory to watch the court proceedings and write a
Report of her observations. She visited the court on Wednesday 2nd March
2016. A case was called up by the court registrar, who announced that it
Was for judgment. The following occurred in the course of delivery of
Judgment by the court, presided over by Justice Wits.
. Justice Wits in his judgment pointed out that he will not follow the
Decision of the Court of Appeal in a similar case because the Court of
Appeal erred in that decision.

i. The judge was referring to a judgment of the Supreme Court; but he


Pointed out that the case decided by the Supreme Court, even though
Similar to the one before him, has some material differences in facts and
Issues from the one before him. He therefore refused to follow the Supreme
Court’s decision.
ii. He also refused to adopt an opinion expressed in a textbook authored by
A renowned scholar, which a Counsel in the matter had relied upon in his
Address to the court.
iii. He rejected a customary law of the plaintiff’s community that permits a
Creditor to subject his debtor to slavery; which the plaintiff relied on in his
Argument.
iv. However, the judge adopted the definition of a particular term as
Contained in the Black’s Law dictionary.
BB is considering the extent to which the decisions of the presiding judge
Above are valid, and approaches you for your opinion. Advise him.
Answer
BB, regarding the decisions made by Justice Wits:

i. **Refusal to Follow Supreme Court’s Decision:**


- The judge’s decision not to follow the Supreme Court’s decision is acceptable if there
are material differences in facts and issues between the Supreme Court's case and the one
before him. Courts are often allowed to distinguish cases based on significant factual
variations. However, it’s crucial for Justice Wits to provide clear and reasoned
justifications for the distinctions.

ii. Refusal to Adopt Textbook Opinion:


- Judges have the discretion to reject legal opinions expressed in textbooks, especially
if they find them unpersuasive or inapplicable to the specific case at hand. However,
it is essential for Justice Wits to provide reasons for not adopting the textbook
opinion, ensuring that his decision is grounded in legal reasoning.

iii. Rejection of Customary Law:


- Justice Wits is correct in rejecting a customary law that permits slavery, as it
contradicts fundamental human rights principles. Customary laws that violate
constitutional rights may be set aside by the court. The judge should articulate the
reasons for rejecting this customary provision, emphasizing its inconsistency with
established legal norms.

v. Adoption of Black’s Law Dictionary Definition:


vi. Judges commonly refer to authoritative legal dictionaries, like Black’s Law
Dictionary, for definitions. Justice Wits’ decision to adopt a definition from
Black’s is valid, as long as it aligns with the legal context of the case. The judge
should ensure that the chosen definition accurately reflects the legal principles
applicable to the matter.

In summary, Justice Wits’ decisions can be valid if he provides well-reasoned


justifications based on legal principles, factual distinctions, and the applicability of legal
sources. The key is for the judge to articulate the legal reasoning behind each decision.

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