Friday, April 8, 2016

SAMPLE OF RESIDENTIAL LEASE AGREEMENT FORM





                                          RESIDENTIAL LEASE  AGREEMENT FORM


 1. PARTIES:
The term of this agreement shall commence on: ___ (day) of ________ (month) ____ (year) until ___ (day) of ________ (month) ____ (year). This lease shall automatically self-extend under the same terms and conditions as the initial agreement and shall continue in full force and effect from month - to - month unless and until otherwise terminated. The parties involved in this agreement involve the “LANDORD” Name: _____________________________________ Address: ____________________________________ City/State/Zip: _________________________ Phone No: ____________________ And the “TENANT” Name: _____________________________________ Registered Address: ____________________________________ City/State/Zip: _________________________ Phone No: ____________________

 2. PREPARED BY
Name of Legal Practitioner: ________________________________ Address: ________________________________ Signature: ________________________________ Signature Date: ________________________________

 3. CONDITIONS:
 A) The rent for the property is _____________ per month. The tenant must pay the rent on the ________ day of the month and deliver it to the LANDLORD at the above address or via bank transfer.

B) If the tenant fails to pay the rent on the due date, the LANDLORD may end this lease If the rent is more than ________days late, the tenant must pay a late fee of ___________ and then another __________ for each additional day that the rent is late. The late fees specified are reasonable estimations of the losses the landlord will suffer as a result of late payment of rent.

C) The term of this lease is ______________ beginning on ___________, 20___ The total rent due for the full term of this lease is _____________ In the event that the tenant should break this lease without the written permission of the LANDLORD, the unpaid rent for the remainder of this lease will become immediately due and owing to the LANDLORD.

 D) When the lease’s term ends, it will automatically renew for a term of _____________ If the landlord or tenant does not want to renew the lease, he must give the other _________ days written notice before the end of the term.

 E) The tenant has checked the property and agrees that it is in clean and good condition. At the end of this lease, the tenant will return the property to the LANDLORD in the same clean and good condition.

F) The tenant will only use the property for residential purposes.

 G) The tenant’s promise to pay the rent is separate from all other promises in this lease. The tenant agrees to pay the full rent each month If the LANDLORD owes the tenant any money, the tenant agrees not to deduct it from the rent due or from any other money owed to the.

 H) SECURITY DEPOSIT:

1. The amount of the security deposit is _______________

 2. The LANDLORD cannot require the tenant to pay a security deposit that is more than (2) two months rent. After the first year, the landlord must reduce the security deposit to no more than one month’s rent.

3. The tenant cannot use the security deposit to pay rent without the written approval of the landlord

4. The LANDLORD can use the security deposit for unpaid rent and damages that are the tenant’s responsibility beyond normal wear and tear.


5. When the tenant moves out, the LANDLORD will prepare a list of charges for damages and any unpaid rent. The LANDLORD can deduct these charges, if any, from the security deposit and will return the balance within (30) thirty days. The tenant must give the LANDLORD written notice of the tenant’s new address or make other arrangements with the LANDLORD for the return of the security deposit ______

4. UTILITIES:
Tenant agrees to pay all utilities and/or services based upon occupancy of the premises except —————————————————————————————————————————————


 5. OCCUPANTS:
Guest(s) staying over more than ____days without the written consent of the LANDLORD shall be considered a breach of this agreement. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject residence for more than ____ days unless the expressed written consent of the LANDLORD is obtained ____days in advance: ________________________________________________________________________________ ________________________________________________________________________________


6. INSURANCE:
Tenant acknowledges that LANDLORD’S insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall LANDLORD be held liable for such losses. Tenant is hereby advised to obtain his own insurance policy to cover any personal loses


7. REPAIRS: 
The tenant will notify the LANDLORD promptly if any part of the property is damaged or destroyed The tenant is responsible for any damage or destruction done to the property by his actions or negligence, or by the actions or negligence of his family or guests The tenant must make all repairs and replacements to fix such damage or destruction If the tenant fails to do so, the LANDLORD may do it and add the expense to the next month’s rent


 8. LANDLORDS ENTRY ONTO PROPERTY:
The LANDLORD can enter the property at reasonable times on (24) twenty-four hours notice to the tenant. The LANDLORD can enter the property to inspect it; make repairs, alterations or improvements; supply services; or, show the property to prospective buyers, lenders, contractors, insurers, or tenants. In case of emergency, the LANDLORD can enter the property at any time without notice to the tenant


9. TENANT RESPONSIBILITIES:
All tenants and other people the tenant allows on the property promise to:

 A. Obey all local, state and federal laws.

 B. Keep the property clean and safe.

 C. Use all utilities, facilities and fixtures in a safe and reasonable way.

D. Promptly remove all trash and debris from the property as required by the landlord and local ordinance

 E. Not deliberately or negligently destroy, deface, damage, or remove any part of the property or grounds.

 F. Not unreasonably disturb the peace of the landlord, other tenants or neighbors.

 G. Promptly notify the LANDLORD of conditions that need repair.

 H. Make no major changes to the property, such as painting, rebuilding, removing, repairing or improving without the LANDLORD’S written consent Alterations become the property of the LANDLORD The tenant cannot remove improvements and the landlord does not have to pay for any changes or improvements made by the tenant ______ Initials Page 2 of 4.

 I. Agree not to install any external antennae, which shall include but not be limited to antenna for television, CB radio, FM reception, short-wave radio & satellite dish without prior written consent of landlord.

J. Not to bring or keep any pets on the property without the prior written approval by the LANDLORD.

 K. Allow the LANDLORD to put up “for sale,” “for rent,” or other signs.

L. Move out of the property when the lease ends.

M. Keep nothing on the property that is highly flammable, dangerous or substantially increases the danger of fire or injury


10. LANDLORD RESPONSIBILITIES:
The LANDLORD promises to:

A. Maintain the property and common areas in the manner required by law. 4

 B. Keep the property in good repair and good working order.

 C. Continue all services and utilities that the landlord has agreed to provide.

D. Allow the tenant to enjoy the property without interference so long as the tenant obeys all the rules in this lease


11. LANDLORD RIGHTS:
A. The tenant waives the Notice To Quit otherwise required by law This means that the LANDLORD may require the tenant vacate and surrender the apartment immediately with no prior notice.

B. If the tenant fails to pay any one-month’s rent on or before the due date, or the tenant breaks any other provision in this lease, the LANDLORD may end this lease immediately and file a lawsuit to evict the tenant.

C. Besides ending this lease and evicting the tenant, the landlord can sue the tenant for unpaid rent, other damages, losses or injuries If the LANDLORD gets a judgment for money against the tenant, the landlord can use the court process to take your personal goods, furniture, motor vehicles and money in banks The LANDLORD may also be able to attach your wages to recover money for damages done to the property.


D. The LANDLORD may recover reasonable legal fees and costs from the tenant for any legal actions relating to the payment of rent or the recovery of the property.


12. ABANDONMENT:
The property will be considered abandoned by the tenant if:

A. The tenant gives the LANDLORD notice that he will not return to the property.

B. The tenant removes his personal belongings from the property, fails to pay the rent, and does not return for (15) fifteen days;

C. The tenant fails to pay the rent and does not return to the property for one month; or

D. The tenant leaves personal belongings in the property after the end of the lease *If the tenant abandons the property, the LANDLORD may enter and re-let the property. In this case, the LANDLORD may also remove and dispose of any personal property left behind by the tenant


13. TENANT TRANSFER OF LEASE:
The tenant cannot lease the property to any other person or let any other person take over the tenant’s rights and duties under this lease, unless the landlord first gives written approval


14. PRIORITY OF LEASE & SALE OF PROPERTY:
If the LANDLORD sells this property, the purchaser can end this lease. All mortgages that now or in the future affect the property have a priority over this lease If the landlord sells the property, he will give the tenant written notice stating the name, address and phone number of the new landlord and where and to whom to pay rent. The landlord must also inform the tenant whether the security deposit was transferred to the new landlord If the landlord does not transfer the security deposit, the landlord 5 must return it to the tenant as described in this lease ______ Initial Page 3 of 4 of the Residential Lease Agreement


15. REPORT TO CREDIT/TENANT AGENCIES:
You are hereby notified that a nonpayment, late payment or breach of any of the terms of this rental agreement may be submitted/reported to a credit and/or tenant reporting agency, and may create a negative credit record on your credit report 16. NOTICES: All notices to TENANT shall be served at Tenant’s premises and all notices to LANDLORD shall be served at: _______________________________________________________


 17. AGREEMENT:
This lease contains the complete agreement between the LANDLORD and the TENANT. The landlord and tenant can change this lease only by a written agreement signed by both If more than one tenant signs this lease, each tenant assumes full liability for all the obligations in this lease. NO ORAL AGREEMENTS HAVE BEEN ENTERED INTO ALL modifications or notices shall be in writing in order to be valid * Each part of this lease should be interpreted so that it agrees with current law If the law does not allow a certain part of this lease, then that one part will be ineffective without invalidating the rest of the section or the rest of this lease


18. ADDITIONAL TERMS & CONDITIONS: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________


SIGNED AND DELIVERED BY “LANDLORD” AND “TENANT”
Landlord’s Name: ________________________________
Signature: _________________________________
Date of signature: ________________________________


Tenant’s Name: ________________________________
Signature: ________________________________
Signature Date: ________________________________


In the presence of a “WITNESS”
Witness’s Name: ________________________________
Witness’s Address: ________________________________
Witness’s Occupation: ________________________________
Witness’s Signature: ________________________________
Witness’s Signature Date: ________________________________

Sunday, April 3, 2016

STRESSING THE ROLES OF MOOT COURT CHALLENGES IN STUDYING THE LAW


INTRODUCTION

In studying the legal profession, students are demanded to consider the two aspects of law which centers on the substantial law and the procedural law. The areas are important as they provide a basic platform for understanding the law in its wider scope. While the substantial law emphasis on the areas of law eg contract, tort, criminal giving definitions and explanation to their meanings, rules, exception etc, the procedural system involves the means, processes through which these rules are enforced in the court. It further allows for an adversarial and a confrontational proceeding. In conventional institutions where the profession is taught, the moot court scenario reflects the procedural court room tradition.             The moot court session is comprised of series of legal challenges on areas of laws and their development in an academic constituted court. The moot court therefore, is an arrangement which replicates the day to day court activities, setting and structures largely represented by learning colleagues. it creates an environment where students can assume the court room responsibilities ranging from the duty of the presiding judge to the Clark or other court personnel with a fair and sometimes an excellent understanding of the area of law been considered. The system also explains the framework of the legal profession through series of legal participation which cuts across brief writing, presentation, research, case review, sentencing etc. moot court challenges assures a sustaining career development and studying the law, a more comparative and practical process.

NATURE OF THE MOOT COURT

In our today's growing society where protection of human right has become fundamental thereby projecting a more civilized and orderly democratic system, the court by its nature is regarded the most visible and acceptable forum outside other alternative dispute resolution platforms where these rights can be best protected. The court been the most visible symbol of the legal system, certainly allows every case of human right violations to be entertained by legal representations. The moot court scenario assumes an express replication of the court. This is because, the process exemplifies series of legal challenges which rotates the court room action, it provides a fair ground for representing counsels to argue on their cases as it best protects their rights. In the moot court session, the reality of the court room activities is however limited for academic purposes. In explaining this, parties are given areas of laws to consider, organizing themselves in a clear representation of the plaintiffs and defendants. These parties are expected to act in accordance with the court room roles apportioned to them, understanding the legal effects in the areas played. They are subjected to argue on the subject matter as it suits the interest of their client and a fair expression of justice. Moot Court is the term given to an appellate argument.  The participants must be persuasive in laying their points before the presiding judge. This indeed requires a lot of adversarial skills which helps such person clearly prove a prima facie case. In doing this, the participant must consider various legal sportsmanship behaviors recommendable for a successful legal practice. Legal sportsmanship behaviors are attitudes, skills that enhance the building of legal capacities. Thus, enabling the participants to organize their case considering the issues bothering the situation, the areas of law affecting them, and a clear conclusion with supportive legal reasoning. A case of negligence for instance will demand the plaintiff prove the various elements which amount to such tort. Here, the plaintiff must establish that the defendant owed him a duty of care, which such duty of care was breached and the breached amounted to liabilities which he suffered. Where these factors are not proven, there can be no evidence in order to sue for damages. The plaintiff therefore is burdened with the burden of proof. However, sometimes the burden of proof in such case may not rest on the shoulders of the plaintiff, the doctrine of res ipsa loquitor(the facts speak for itself) if found in the said case , shift the burden of proof to the defendant. In real sense, the burden of proof lies on the defendant except in few cases. Secondly, legal sportsman behavior encourages observance to legal ethics and conducts. There are several laws on legal behavior in respect to the duties owed to clients when been approached to be represented on their behalf on a matter, the participant must be informed on the areas of laws, the subject matter and how to give the best advice to win the case. Understanding the laws involved in the situation is crucial as it guides the student on the possible ways to prove the case.  An excellent student puts up a case considering case studies, relevant laws and surviving legal opinions which have served time and recommendable as legal authorities. Writing of a brief is an opportunity which the participant must develop; it will encourage a clear submission and a well case presentation. A brief which suffers from ambiguity and unclear argument may be disregarded thereby creating lesser chances in winning the case. Also, on the behavior of parties as regards to courtroom rules, the moot court system accepts an ethical behavior which all parties are obliged to protect, every representing counsel must put on the court room dress court if he must be involved in the process. A decent dressing style is encouraged as that may improve the chances of gaining a high score for that and for the purposes of laying a foundation for the demands of the court room dressing conduct.  A legal sportsmanship behavior extends to the observance of the rules of the court. The presiding judge may be furious with an indecent behavior of a counsel and may punish such person for an offense of contempt of court. These create demands for a decent positioning while approaching the court.


STRESSING THE ROLES
The importance of the moot court session among law students is paramount and worth exploring. This advantage has shifted students reasoning to the procedural system which reflects the practice of the court and off course the real challenge. For there to be an encouraging factor which the students must accept as been practical and useful, they must appreciate such and inculcate it as a necessary style, culture. Among the various roles, the following will be considered;   

 DEVELOPING  LEGAL SKILLS AND KNOWLEDGE

What distinguishes a good legal performance in the moot court session and of course high scores when such act is recorded includes the various sportsmanship skills which the representing counsel must have considered while presenting his case. The demands of legal technicalities are often much considering the necessities creating them, and their relevance in a case. There are basic skills which the system mainly centers on. Most participants of the moot court challenge often face the difficulty in performing a good oral presentation during the adversarial process; an oral presentation constitutes an important behavior which is distinct and necessary for the participant through a continuous legal presentation. while some students need not go extra miles doing strenuous practices, constant review and final preparation for the challenge due to their gowned skills in this aspect, others must consider a day to day exercise as sufficient to meet up an early stage responsibility owed to the practice,  presenting a case requires an outspoken student who can explain a fact, state the law and organize his thought in concluding on a persuasive argument. The moot court challenge as earlier stated, presents a frame work of what such students should expect in the court room thereby allowing him the grounds to participate. a student’s oral presentation improves when he allows a more practical language which surrounds the environs of the law. The languages used and their effectiveness in the presentation, court languages gradually becomes familiar enabling the student make use of words relative to the profession. Oral presentation as a skill attributable to moot advantages creates more certainty in a counsels ability to communicate his case. Secondly, the secret behind successful cases which explains in details the claims in a case is the quality of information contained in the brief, the extent of clarity, choice of words, construction and the ability of the brief to communicate a point. The moot challenge provides the participant the opportunity to engage in the act of writing of brief for or against the interest involved. This enables him argue both sides of the case, creating a sense of the dual argument pattern of the course. Interestingly, students who act as plaintiff in a presentation are allowed to play the role of a defendant in other arrangements. The process equip them to base their written submission in a more factual manner, defective brief are questioned and not scored. It sometimes reveals the unpreparedness of such representatives. Constant participation in the sessions helps an average student consider and review his work to arrive at a good presentation. Writing skill is a day to day activity in preparation for moot challenges, the work must express in precise terms, the submissions of the counsels to the court, and it must be able to explain what is claimed and their legal recommendations on the actions to take. Finally, committing into moot challenges also helps the student develop research skills. Research is important in that, it allows the student explore information relevant to his case. law affects several areas of the societies and so the need to establish such skill of seeking information on relative ideas, opinions , case study and recent developments are necessary. Also the development of the law relating to comparative laws which affect some international laws needs to be acknowledged in other to put up a supporting authority for a case. Reforms have become the major reason why adopting this skill has become a necessity. A good mooter will save the day if he is aware of the relevant law affecting his case without making mistakes of stating an overridden judgment, the need for this awareness is the advantage which a constant moot court challenge is ready to provide. Engagement in the process ensures that a student considers other authorities from another appreciate the setup of an argument with various opinion writers and give a conclusion which understands. Research widens the understanding of a student on a subject matter, it spices a brief with facts, evidences and opinions with concluded reservations.

RULES OF LEGAL ETHICS AND BEHAVIOR

The legal practitioner is an expert whose services and expertise are required by members of the public. He is expected to maintain the highest standards of professional conduct, etiquette and discipline in the discharge of his duties. In addressing himself as a legal practitioner he represents to those who depend on his professional advice and other services that he has the requisite acumen and expertise. For this reason, under the general common law and the rule in HEDLEY BYRNE & CO LTD V. HELLER & PARTNER LTD, the lawyer can be held liable for professional negligence. The moot session, show case some necessary guild lines to legal ethics and behavior, it helps the representative to be acquainted with the rules of the court and to take necessary precaution in handling court room matters. A student may be charge for a contempt of court if his conduct is against the rules of behavior. Also, the student understands his responsibility to his client and his necessity in defending the case. This act is mostly encouraged during moot sessions as it allows the counsel take responsibility in the representation of his client. Students who are reckless about court room dressing will have to pay dearly either through an opponent commenting on such behavior or the judge making decisions affecting the student. Rules of legal ethics and behavior are developed through the moot sessions thereby encouraging the preservance of the standard and demands of the court.

LEARNING THE POLITICS OF LAW

Understanding the nature of law is sine qua non in developing the ideal skill of the law students, the law is made up of various areas which compliment or overlaps at some points, the relationship in this tends to create an interplay of legal principles even with the consideration of exceptions. The moot court session exposes the students to the diverse areas of law, the rules surrounding them, the exceptions and how they are used. It explains to the student what must be proved and the effectiveness of such legal principle or rule in the giving case. The politics of laws surrounds the confrontational display that happens in the court room and the tactics adopted by counsels in finding the best law that suits the case. Overtime, there have been good reasons expressed by defending counsels to upturn the common use of legal principles by introducing some effects of judicial creativity in such a case, hence, the politics of law. Where this is applied, there is a strong onus on the court to reconsider the reasoning which creates a persuasive effect, capable of reviewing the law to affect such demanding area. Constant involvement of law students in the moot challenge develops their ideas and a wide understanding on these principles, exceptions and how to formulate an idealistic position of the law on whatever issue to be considered. Law students have various skills to adopt either in the class room or at moot court sessions. The growing demands of understanding the role which the politics of law plays in this circle is becoming increasing relevant. It most importantly gives the student a varied understanding of such area of law and how it can be worked upon to suit a particular case in question.
In conclusion, the law student must be encouraged either directly or indirectly on the needs to partake in this legal challenge among fellow students. Apart from the demands by the Nigeria Law School to make it a necessity among law students and subsequent grading of performances, students who appreciate this platform are made to stand tall while addressing key legal issues at their level. The growing legal society with comparative legal system will be fully encouraged when law students acknowledge this legal foundation.


written by: Mube Ajuri Wilo

Friday, January 1, 2016

WHAT CONSTITUTES A VALID CONSIDERATION, SUFFICIENCY OR ADEQUACY?

INTRODUCTION :
        In most contractual agreements,there are certain ingredients which must be present as to make  It evident that no legal system treats all agreements as enforceable contracts. This is to make it certain, precise and binding. Such requirements are solely made by law and  must be complied with. The idea of applying rules in a contractual relationship is based on requirement to guide and identify with the types of agreement  which must be reflected in actualizing a binding contract. The question and needs

Monday, December 14, 2015

THE INSIDE OF EUTHANASIA AND  RIGHT TO LIFE PHILOSOPHY 

INTRODUCTION
         In all modern constitutions of civilized nations, right to life is important and sacrosanct. Humans all  over the world are clothed with the constitutional right to life. This right is not only recognized as a matter of municipal Law, but it is also a right that has the global blessings and regional instruments .( article 3 of the universal declaration of human right 1948).
        The prohibition of taking human life is based on fundamental and highly placed ethical and religious conviction. It has been posited that, this concept is founded on the notion that life is a gift

Friday, March 20, 2015

HOW TO BECOME A LEGAL PRACTITIONER/SENIOR ADVOCATE OF NIGERIA (SAN) UNDER THE NIGERIAN LEGAL SYSTEM.


The entity known as Nigeria today got its independence in 1960. Before its independence, it was amalgamated in 1914 bringing the Northern, Eastern and Southern protectorates under a central control by then Lord Lugard. Before the coming of colonialism to Nigeria, the peoples of Nigeria had their different practices in the application of law and justice to the various followers of different