Yes! It is true that the law entails a lot of technicalities. In Nigeria it covers 5 brain storming years of university education and a year of law school, in some others 4years of university education and yet in some others, a thorough law school education.
However, knowing and enforcing some of your civil rights, does not have to involve a continuous cross fire of Latin maxims and use of complex, uncanny or scary terms (the type you pay a lot of money for).
We are now in the Era of globalisation, and the concept of the law as a buggy man should change to that of a friend, or legal guardian if you like.
The study of the law is not that simple, I must confess, but most of our civil, economic and social rights get breached daily, and most of the time we do not bother to seek redress, either by virtue of the fact that we no longer have faith in the legal system or mostly because we are totally unaware that a wrong has been committed against us that could be legally remedied.
The law is indeed an interesting ball game. For instance are you aware that under the law of tort, kissing a girl without her permission can amount to "battery", being barred from going to a planned destination with no possible route of escape by either friend or foe can amount to false imprisonment. Being put under reasonable fear of an imminent battery, no matter how slight will amount to assault. Spitting on someone is actionable battery, the move of one's property without consent may amount to conversion. And that neighbour blocking a public road in your street with a pile of sand or his vehicle may amount to public nuisance, furthermore that horrible smell or loud hip hop music blaring from your next door neighbour's house (when you are a fan of blues) may amount to an action in private nuisance.
False accusation under the law also has its punishment... Moreover most of the offences listed above are actionable per se, especially the offence of trespass.
Are you also aware that in the case where you are the tort feasor (wrong doer) some defences such as act of God (when the wrong was committed as a result of a natural occurence), the fault of the plaintiff(complainant), contributory negligence, volenti non fit injuria(consent) which is the best defence by the way and many more may avail you.
Are you also aware that there is strict liability for owners with erring animals (strict liability for animals), thus when an animal trespasses on your land and destroys your property or crops, the owner of such animal will be held liable, or in a situation where the animal harms you personally whether on or off your land he will be held strictly liable.
Furthermore to strengthen your case, you must be able to prove that the animal had such vicious tendency but it should be brought to light that the court takes material damage quite seriously.
... Indeed the law is your friend, hope you found this short piece helpful.
The next article would cover how to bring an action for divorce, possible defences and wrongs which ordinarily make divorce actionable without keeping to the two years rule before bringing an action...
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