NG Bar Crim Lit flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Actus reus

The external physical element of a crime: the prohibited conduct, omission, or state of affairs. It must be voluntary and concur with the mens rea for liability to attach.

Mens rea

The guilty mental state required for a criminal offence, ranging from intention and knowledge to recklessness and negligence. The prosecution must prove it beyond reasonable doubt.

Malice aforethought

The mental element of murder under the Criminal Code: an intention to cause death or grievous bodily harm to the victim. It distinguishes murder from manslaughter.

Provocation defence

A partial defence reducing murder to manslaughter, requiring a sudden loss of self-control caused by the deceased's wrongful act or insult sufficient to deprive an ordinary person of self-control.

Self-defence limits

Reasonable force used against unlawful attack is justified. Excessive force in self-defence reduces murder to manslaughter but does not fully acquit the accused.

M'Naghten insanity test

A defence where a disease of the mind causes a defect of reason such that the accused did not know the nature and quality of the act or did not know it was wrong.

Claim of right

A defence to theft negating dishonesty where the accused honestly believes the property taken is lawfully his or that he has a lawful right to it.

Attempt and conspiracy

Inchoate offences: attempt requires an act proximate to the intended offence, while conspiracy requires an agreement between two or more persons to commit an unlawful act.

Land Use Act 1978

Nigerian statute vesting all land in the state governor in trust for the people. Individuals hold statutory or customary rights of occupancy rather than freehold title.

Certificate of Occupancy

Official evidence of a statutory right of occupancy granted by the state governor. It is prima facie proof of title and facilitates dealings with the land.

Nemo dat rule

A transferor cannot pass better title than he holds. Exceptions include sale by a mercantile agent, sale in market overt, and estoppel by representation.

Lease versus licence

A lease grants exclusive possession for a determinate term at a rent; a licence merely permits occupation and is revocable. The distinction determines statutory security of tenure.

Fixtures test

Items affixed to land with intent of permanent improvement pass with the land. Degree and purpose of annexation determine whether an item is a fixture or chattel.

Adverse possession against state

Limitation periods do not run against state land under the Land Use Act. Long occupation cannot extinguish the state's reversionary interest or confer title.

Governor's consent

Required for assignment or transfer of a statutory right of occupancy. Failure to obtain consent renders the assignment void and unregistrable under the Land Use Act.

Deed registration effect

Registration under the Land Instruments Registration Law makes an instrument admissible in evidence and confers priority against subsequent purchasers of the same land.

Salomon principle

A company is a separate legal person distinct from its members, with perpetual succession and limited liability. Members are not liable for company debts beyond their shareholding.

Minimum share capital

A private company requires at least N100,000 authorised share capital, and a public company at least N2,000,000, with 25 percent allotted at incorporation under CAMA.

Piercing corporate veil

Courts may disregard separate personality where the company is a sham, an agent, or used for fraud, or where statute expressly imposes personal liability on directors or members.

Director fiduciary duties

Directors owe duties of good faith, loyalty, and avoidance of conflict of interest, plus care and skill. Breach renders them personally liable to the company.

Indoor management rule

Outsiders dealing in good faith may assume a company's internal procedures were properly complied with, protecting them from irregularities in board authorisation.

Derivative action

A shareholder remedy under CAMA permitting a member to sue on behalf of the company for wrongs done to it, where directors fail or refuse to act.

Annual general meeting

A meeting of members held once every calendar year with no more than 15 months between meetings. Public companies require at least 21 days' notice.

Annual returns filing

Companies must file annual returns and audited financial statements with the Corporate Affairs Commission. Persistent default attracts penalties and possible striking off the register.

Duty of confidentiality

A lawyer must not disclose client confidences without consent, except where required by law, to prevent a crime, or to defend against a client's allegation.

Conflict of interest rule

A lawyer must not act for two clients with adverse interests in the same matter, nor against a former client in a substantially related matter without consent.

Client account rule

Client funds must be held in a separate designated client account and must not be commingled with the lawyer's own funds. Misappropriation is professional misconduct.

Duty of candour

A lawyer must not mislead the court and must disclose adverse legal authority. If a client insists on presenting perjured evidence, the lawyer must withdraw.

No-contact rule

A lawyer must not communicate directly with a party known to be represented by counsel about the subject of the representation, absent that counsel's consent.

Advertising restrictions

Only dignified, truthful information about a lawyer's practice is permitted. Touting, in-person solicitation, and misleading claims about success rates are prohibited.

LPDC discipline

The Legal Practitioners Disciplinary Committee hears allegations of professional misconduct against lawyers and may impose admonition, suspension, or striking off the roll.

Duty to court priority

Where duties to client, profession, and public conflict, the lawyer's duty to the court prevails. Candour and respect for the administration of justice take precedence.