Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Litigation > Jurisdiction Of Courts > Flashcards

Jurisdiction Of Courts Flashcards

(64 cards)

Start Studying
1
Q

What is the principle of jurisdiction where an offence occurs in multiple regions?

A

The courts in both regions will have jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is required for a Sharia Court to be properly constituted as an appellate court?

A

It shall be properly constituted by two Alkalis.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the applicable laws in Sharia Courts?

A
  • Penal Code
  • CPCL
  • Principles of Islamic Law and Procedure
  • Laws made by the Grand Khadis.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the maximum imprisonment term for Chief Magistrate I in the FCT?

A

10 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the maximum fine for Chief Magistrate II in the FCT?

A

N45,000.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the jurisdiction of Sharia Court over a non-Muslim?

A

If the non-Muslim submits to the jurisdiction of Sharia Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the grades of Shari’a Court and their corresponding maximum imprisonment terms?

A
  • Upper Shari’a Court I = Unlimited
  • Upper Shari’a Court II = Unlimited
  • Principal Shari’a Court I = 10 years
  • Principal Shari’a Court II = 7 years
  • Senior Shari’a Court = 6 years
  • Higher Shari’a Court = 5 years
  • Shari’a Court = 3 years.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does S. 387 of CPCL state about formal charges in Area Courts?

A

Framing of a formal charge is unnecessary; a statement of offence is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the right of appearance of counsel before the Area Court?

A

Legal practitioners shall not have the right of appearance before an Area Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

In which case was it held that a Senior Advocate of Nigeria cannot appear before an inferior court?

A

Rgd Trustees of ECWA Church v. Ijesha.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the jurisdiction of the High Court in the North regarding punishment?

A

Unlimited, including the imposition of the death sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the maximum term of imprisonment for Area Court Grade I?

A

5 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the distinction between courts of general and special criminal jurisdiction?

A

Courts of general jurisdiction handle a variety of criminal matters, while special jurisdiction courts handle specific types of cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who may appeal to the Supreme Court of Nigeria?

A

The accused person or the prosecutor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the purpose of Juvenile Courts?

A

To try juvenile offenders, children, and young persons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What defines a juvenile offender according to age?

A
  • Children (1-7) = not criminally liable
  • Children (7-12) = not criminally liable unless they knew the act was wrong
  • Children (12-14) = criminally liable for offences.
  • Young persons (14-18) = classified as such under CYPL.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the process for determining the age of a juvenile in court?

A

The court should adjourn to determine the question of age.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the jurisdiction of Customary Courts in Southern Nigeria?

A

To entertain cases such as violations of bye-laws and rules of local government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the maximum penalty for Customary Court Grade A?

A

N1,000 or 5 years imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the appeal process from Customary Courts?

A

Appeals go to the Magistrate Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does S. 20(1) of ACJL state regarding the jurisdiction of Magistrates?

A

The Governor may increase the jurisdiction of a Magistrate upon recommendation of the House of Assembly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

True or False: The Area Court in FCT has criminal jurisdiction.

A

False.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the role of the Court of Appeal in Nigeria?

A

To hear appeals from the High Court, Federal High Court, and Court Martial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fill in the blank: The Juvenile Court has jurisdiction except where the child commits an offence that carries _______.

A

capital punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the fine or imprisonment imposed by a customary court president or non-lawyer?
N200 or 1 year imprisonment ## Footnote Customary Court Grade C imposes a fine of N100 or 1 year imprisonment.
26
Where do appeals from the Customary Court go?
Magistrate Court
27
What does Section 96 of ACJA state regarding offences committed in different states?
The suspect may be tried and punished as if the offence was committed in any of the states or FCT.
28
According to Section 93 ACJA, where shall an offence be tried?
By a court within the local limits of whose jurisdictions: * The offence was committed * Consequences of the offence ensued * An offence was committed by reference to which the offence is denied
29
What did the Court of Appeal hold about taking an accused from Delta State to Kaduna State for trial?
It amounted to forum shopping.
30
What is the significance of the initial act or omission in determining jurisdiction?
It identifies where the initial act or omission occurs for jurisdiction purposes.
31
What happens if a court lacks jurisdiction over a case?
The proceedings are considered a nullity.
32
What is the jurisdiction of the Federal High Court in relation to federal offences?
Nationwide jurisdiction.
33
What grades of Magistrates’ Court exist in Oyo State?
Seven grades: * Chief Magistrate Grade I * Chief Magistrate Grade II * Senior Magistrate Grade I * Senior Magistrate Grade II * Magistrate Grade I * Magistrate Grade II * Lay Magistrate
34
What jurisdiction do Area Courts have over persons?
Jurisdiction over: * Indigenous tribes members and their descendants * Individuals consenting to trial by Area Court
35
What types of offences do Area Courts have jurisdiction over?
Penal Code Offences as shown in the Seventh Column of Appendix A.
36
What is the jurisdiction of the High Court in the Northern States?
All indictable offences, any offence conferred by law, non-indictable offences, criminal appeals from Magistrates’ Courts.
37
How is an indictable offence defined according to Section 2 of CPL?
An offence punishable by imprisonment exceeding two years or fine exceeding N400.
38
What does the Magistrates Court Law of Lagos State 2009 establish?
Only one cadre of Magistrate Court.
39
What is the power of the High Court regarding capital punishment?
It has the power to try offences which carry capital punishment.
40
What is required for a case to be admissible in court according to Article 17(2)?
Determination of a state’s unwillingness or inability to genuinely prosecute.
41
True or False: The High Court's jurisdiction is limited to certain types of cases.
False
42
Fill in the blank: War crimes refer to grave breaches of the _______.
Geneva Conventions of 12 August 1949.
43
What does Article 13(b) refer to regarding jurisdiction?
A situation where the crime is referred to the prosecutor by UNSC.
44
What are the challenges to jurisdiction of a court?
Challenges can be based on admissibility or any ground of jurisdiction.
45
What is the effect of a lack of jurisdiction according to the court's ruling?
The entire proceeding is liable to be vacated on the footing of being a nullity.
46
What must exist for the court to assert jurisdiction over an offence?
The state where the offence was committed must be a party to a treaty or the accused must be a national of a state party.
47
What does Section 368 CPL state regarding juvenile offenders?
A juvenile offender shall not be sentenced to death.
48
What are war crimes?
Grave breaches of the Geneva Conventions and serious violations of laws applicable in International Armed Conflict. ## Footnote Includes serious violations of article 3 common to the four Geneva Conventions, but excludes internal disturbances and tensions.
49
What are the characteristics of juvenile courts?
* Proceedings are not open to the public * Identity of the child shall not be published * No child shall be ordered to be imprisoned * No young person shall be imprisoned except as a last resort ## Footnote Based on S. 6(5), S. 6(6), and S. 12 of the CYPL.
50
What is jurisdiction?
Authority of a Court to decide matters that are litigated before it. ## Footnote Jurisdiction is fundamental in proceedings as it determines the Court's competence.
51
What determines the jurisdiction of a court?
* Law/statute/constitution * Parties * Territory * Offences * Punishment ## Footnote Jurisdiction is not deemed or inherent.
52
What is the jurisdiction of the International Criminal Court?
Complementary in nature, with power to exercise jurisdiction over persons for the most serious crimes of international concern. ## Footnote Identified in article 5, including genocide, crimes against humanity, war crimes, and the crime of aggression.
53
What constitutes genocide under Article 6?
* Killing members of a group * Causing serious bodily or mental harm to members of a group * Inflicting conditions of life calculated to bring about physical destruction * Preventing births within the group * Forcefully transferring children of the group ## Footnote Must be committed with intent to destroy a national, ethnical, racial, or religious group.
54
What punishments can the ICC impose according to Article 77?
* Imprisonment for up to 30 years * Life imprisonment when justified * Fines * Forfeiture of proceeds from crime ## Footnote The ICC does not recognize the death penalty.
55
How is criminal proceedings initiated in the ICC?
* Proper constitution of the court * Subject matter within the competence of the court * Case initiated by due process of law ## Footnote Conditions precedent must be fulfilled.
56
What are the main types of Court Martial established under the Armed Forces Act?
* General Courts Martial * Special Courts Martial ## Footnote Defined under S. 129 of the Armed Forces Act.
57
What is the composition of a General Court Martial?
* President * Not less than 4 members * A Waiting Member * A Liaison Officer * A Judge Advocate ## Footnote The Judge Advocate is a legal practitioner and not a voting member.
58
What is the jurisdiction of the National Industrial Court?
Matters arising out of employment, labour, and industrial relations/disputes. ## Footnote Expanded to include enforcement of human rights and international labour standards.
59
What are crimes against humanity as defined in Articles 1 and 2?
* Murder * Extermination * Enslavement * Deportation or forceful transfer of population * Torture ## Footnote Must be committed as part of a widespread or systematic attack against civilians.
60
What is the maximum punishment a General Court Martial can impose?
Death sentence if it consists of seven or more members, otherwise imprisonment. ## Footnote A Special Court Martial cannot impose a sentence exceeding one year or death if it consists of only two members.
61
What is the appeal process from a Court Martial?
Appeals go to the Court of Appeal and must be filed within 40 days; death sentence appeals within 10 days. ## Footnote Either party can appeal.
62
What are the three levels at which jurisdiction arises in criminal proceedings?
* Territorial Jurisdiction * Substantive Jurisdiction (subject matter) * Jurisdiction over persons ## Footnote Territorial jurisdiction relates to where a crime is committed.
63
What is the status of the International Criminal Court in relation to the United Nations?
It is an independent tribunal and not an arm of the UN, though the UN Security Council may refer cases to it. ## Footnote The ICC has jurisdiction only over natural persons, not states.
64
What happens when there is an equality of votes in a Court Martial?
The accused shall be acquitted if there is equality on findings; the president has a casting vote on sentences. ## Footnote Decisions are subject to confirmation by the convening authority.

Criminal Litigation (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions