BUSINESS AND CORPORATE LAW – Page 21

BCL – L1 – Q11 – Sources of Law

Identify all sources of law per Article 11 of the 1992 Constitution.

Question

(a) Identify all sources of law per Article 11 of the 1992 Constitution

(b) Explain what is meant by case law and precedent within the context of the hierarchy of the courts.

Answer

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Tags: Golden Rule, Literal Rule, Mischief Rule, Purposive Approach, Statutory Interpretation
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q10 – Hierarchical Structure of Courts

Advise on the appropriate court for civil and criminal action against an employee for theft.

Question

Lexis Ltd

Lexis Ltd, a printing company located on the Main Campus of the University for Development Kumasi, employed Kwame Mensah as a new storekeeper with a Purchasing & Supply qualification in January 2017. He started very well but because the controls were deficient, he was able to steal GH$28,500 worth of paper and cartridge for his private photocopying business which is run on the same University Campus. After an audit exercise, this deal was discovered, and the Chief Executive Officer has directed that the company takes both civil and criminal action against Kwame Mensah. Courts impose punishment on convicts according to their respective jurisdictions.

Required:

(a) As a Business Law Student, the Chief Executive Officer has asked you to advise him on the appropriate court in which this case can be filed and why?

(b) Which courts constitute the Superior Courts and what are their unique features?

Answer

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Tags: Court Structure, Ghana Courts, Judiciary, Lower Courts, Superior Courts
Level: Level 1

Topic: Hierarchical Structure of Courts

BCL – L1 – Q9 – Sources of Law

Explain the distinction between adversarial and inquisitorial legal systems in Ghana.

Question

Nexis Legal System

The Nexis legal system is adversarial rather than the inquisitorial approach. In Two (2) ways, explain the distinction between them.

Answer

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Tags: Adversarial System, Court Roles, Ghana Legal System, Inquisitorial System, Legal System
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q8 – Sources of Law

State two grounds for courts to depart from judicial precedent.

Question

State TWO (2) grounds under which the courts will depart from a judicial precedent.

Answer

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Tags: Courts, Departure, Ghana, Judicial Precedent, Legal System
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q7 – Sources of Law

Define judicial precedent and its role in Ghana's legal system.

Question

What is judicial precedent?

Answer

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Tags: Case Law, Courts, Ghana, Judicial Precedent, Legal System
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q6 – Hierarchical Structure of Courts

Describe the stages of appeal for civil matters in Ghana's judicial system.

Question

Describe the stages of appeal and how the appellate system of adjudication operates in the judicial system of Ghana under the following:

(a) Civil matters

(b) Criminal matters

Answer

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Tags: Appeals, Civil Matters, Courts, Ghana, Judicial System
Level: Level 1

Topic: Hierarchical Structure of Courts

BCL – L1 – Q5 – Hierarchical Structure of Courts

List the Superior Courts of Ghana in ascending order per the 1992 Constitution.

Question

List, in an ascending order, the Superior Courts of Ghana, as stated in the 1992 Constitution of Ghana.

Answer

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Tags: Constitution, Courts, Ghana, Judicial System, Superior Courts
Level: Level 1

Topic: Hierarchical Structure of Courts

Title: BCL – L1 – Q4 – The Constitution

Explain why the 1992 Constitution is the supreme law of Ghana.

Question

“The 1992 Constitution is the Supreme Law of the Republic of Ghana”. Explain the above statement.

Answer

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Tags: Constitution, Fundamental Rights, Governance, Supreme Law
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q3 – Maxims of Equity

Identify four maxims of equity that supplement common law for fairness.

Question

Equity is a term which applies to a specific set of legal principles which were developed to supplement the common law and to ensure fairness in the adjudication of matters. Required:

Identify FOUR (4) maxims of equity.

Answer

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Tags: Common Law, Equity, Fairness, Maxims of Equity
Level: Level 1

Topic: Sources of Law

BCL – L1 – Q2 – Separation of Powers

Explain how separation of powers contributes to the legal system's function.

Question

How does the separation of powers contribute to the functioning of the legal system?

Answer

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Tags: Checks and Balances, Governance, Legal System, Separation of Powers
Level: Level 1

Topic: Sources of Law

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BCL – L1 – Q11 – Sources of Law

Identify all sources of law per Article 11 of the 1992 Constitution.

BCL – L1 – Q10 – Hierarchical Structure of Courts

Advise on the appropriate court for civil and criminal action against an employee for theft.

BCL – L1 – Q9 – Sources of Law

Explain the distinction between adversarial and inquisitorial legal systems in Ghana.

BCL – L1 – Q8 – Sources of Law

State two grounds for courts to depart from judicial precedent.

BCL – L1 – Q7 – Sources of Law

Define judicial precedent and its role in Ghana's legal system.

BCL – L1 – Q6 – Hierarchical Structure of Courts

Describe the stages of appeal for civil matters in Ghana's judicial system.

BCL – L1 – Q5 – Hierarchical Structure of Courts

List the Superior Courts of Ghana in ascending order per the 1992 Constitution.

Title: BCL – L1 – Q4 – The Constitution

Explain why the 1992 Constitution is the supreme law of Ghana.

BCL – L1 – Q3 – Maxims of Equity

Identify four maxims of equity that supplement common law for fairness.

BCL – L1 – Q2 – Separation of Powers

Explain how separation of powers contributes to the legal system's function.

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Subject (SQ): BUSINESS AND CORPORATE LAW

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Identify all sources of law per Article 11 of the 1992 Constitution.

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Advise on the appropriate court for civil and criminal action against an employee for theft.

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Explain the distinction between adversarial and inquisitorial legal systems in Ghana.

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State two grounds for courts to depart from judicial precedent.

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List the Superior Courts of Ghana in ascending order per the 1992 Constitution.

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