English Legal System
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Questions and Answers

What role does la doctrine play in the French legal system?

  • It is not regarded as a source of law, but influences the interpretation of written law. (correct)
  • It is solely based on academic writings.
  • It is a subsidiary source of law.
  • It is a primary source of law.

    • Which of the following is true about customary law in France?

  • It is a subsidiary source of law. (correct)
  • It plays a significant role in the development of French law.
  • It was eliminated by the codifications in the early nineteenth century.
  • It is the primary source of law.

    • How does la doctrine influence the legal system in France?

  • By influencing the interpretation of written law by judges and lawyers. (correct)
  • By passing new legislation.
  • By providing guidance for judges from previous cases.
  • By solely relying on academic writings.

    • What is the relationship between la doctrine and legal writings?

    <p>La doctrine provides opinions on legal matters through various publications.</p> Signup and view all the answers

    Which of the following statements about customary law in France is true?

    <p>It remains a subsidiary source of law.</p> Signup and view all the answers

    In what way has la doctrine influenced the development of French law?

    <p>By providing critical commentary on positive law.</p> Signup and view all the answers

    What are the criteria that a person alleging a customary right must prove according to the Blackstone test?

    <p>Antiquity, Continuance, Peaceable enjoyment, Obligatory force, Certainty, Consistency, Reasonableness</p> Signup and view all the answers

    Which of the following historical sources is considered of least importance in English law?

    <p>Law merchant</p> Signup and view all the answers

    What type of custom does 'custom' refer to in the context provided?

    <p>Local custom</p> Signup and view all the answers

    Why is local custom considered an exception to common law?

    <p>It is confined to a particular locality</p> Signup and view all the answers

    What was the primary purpose of the law merchant in English legal history?

    <p>To govern disputes between merchants</p> Signup and view all the answers

    What does a person alleging a customary right need to satisfy when providing proof?

    <p>The socalled Blackstone test</p> Signup and view all the answers

    What is the primary focus of the book 'The Observer Book of Moots' by Dobson and Fitzpatrick?

    <p>Exploring negotiation techniques for agreements</p> Signup and view all the answers

    In which publication did Ekow Daniels discuss the topic 'Judicial Precedent under Siege'?

    <p>The Enforcement of Morals</p> Signup and view all the answers

    Which work by T. O. Elias focuses on 'The Nature of African Customary Law'?

    <p>The Common Law in West Africa</p> Signup and view all the answers

    What is the central theme of the article 'A Preliminary Assessment of the Prospects for Judicial Independence in Post-1990 African Constitutions' by C. M. Fombad?

    <p>Assessing judicial independence in African constitutions</p> Signup and view all the answers

    Which topic is NOT covered in the publication by Fisher and Ury titled 'Getting to Yes - Negotiating Agreement Without Giving In'?

    <p>Judicial Precedent under Siege</p> Signup and view all the answers

    'Sources of Law in Ghana' was discussed in which journal article by V. Essien?

    <p>'Development of Customary Law'</p> Signup and view all the answers

    What was one of the defects Allott mentioned about the Native Jurisdiction Ordinance of 1878?

    <p>It lacked machinery for enforcing tribunal orders.</p> Signup and view all the answers

    In the 1883 Ordinance, which statement about jurisdiction is true?

    <p>Various grades of native courts were not established.</p> Signup and view all the answers

    How did the regulation of native tribunals affect the British and customary courts?

    <p>It created a rigid dichotomy between British and customary courts.</p> Signup and view all the answers

    Under the 1910 amendment to the 1883 Ordinance, what happened to native court jurisdiction?

    <p>No changes were made to native court jurisdiction.</p> Signup and view all the answers

    What was a significant aspect of the Supreme Court Ordinance enacted post-1876?

    <p>It facilitated and regulated native authorities' powers in protected territories.</p> Signup and view all the answers

    What powers and authorities were conferred upon the court in Ghana under the 1876 Ordinance?

    <p>To appoint and control guardians of infants and their estates, keepers of idiots, lunatics, and those of unsound mind</p> Signup and view all the answers

    In what year did the Colony obtain a local legislature according to the provisions in section 14 of the Ordinance?

    <p>1874</p> Signup and view all the answers

    Under the 1876 Ordinance, what body of law was introduced by section 14 to be enforced within the jurisdiction of the Court?

    <p>Common law, doctrines of equity, statutes from England</p> Signup and view all the answers

    What did the 1876 Ordinance provide regarding the application of English law in Ghana?

    <p>Applicable only so far as local jurisdiction and circumstances permit, subject to future Ordinances</p> Signup and view all the answers

    Which provinces were established by the 1876 Ordinance as judicial divisions in Ghana?

    <p>Eastern, Central, Western</p> Signup and view all the answers

    What was the role of Magistrates' courts in the Ghana court system in the 19th century?

    <p>To exercise judicial powers as ex officio commissioners of the Supreme Court.</p> Signup and view all the answers

    Under the 1979 Constitution of Ghana, what was the Supreme Court Ordinance of 1876 responsible for?

    <p>Eliminating the position of judicial assessors.</p> Signup and view all the answers

    In the Ghanaian court system, what did the first Native Jurisdiction Ordinance of 1878 aim to control in the Protectorate?

    <p>The native authorities.</p> Signup and view all the answers

    What was a key feature of the replacement Native Jurisdiction Ordinance in Ghana in 1883 based on Chalmers' recommendations?

    <p>Empowering chiefs to form native tribunals based on customary law.</p> Signup and view all the answers

    Which court had the authority to hear appeals from cases decided by magistrates' courts in Ghana during the 19th century?

    <p>Commissioner's Court.</p> Signup and view all the answers

    What was the main purpose of the Ordinance established in the Gold Coast Colony in the 19th century?

    <p>To create a Supreme Court for administering justice in the colony</p> Signup and view all the answers

    Which system of laws were established by the 1876 Ordinance in the Gold Coast Colony?

    <p>A dual system of laws consisting of English Law and customary law</p> Signup and view all the answers

    What was the jurisdiction of the Supreme Court established by the 1876 Ordinance in the Gold Coast Colony?

    <p>Extended to territories where Her Majesty might acquire jurisdiction</p> Signup and view all the answers

    Under the 1876 Ordinance, which law formed part of the legal system in the Gold Coast Colony?

    <p>Received English Law</p> Signup and view all the answers

    What effect did the 1876 Ordinance have on the legal landscape of the Gold Coast Colony?

    <p>It introduced a dual system of laws in the courts</p> Signup and view all the answers

    What was a major defect of the Native Jurisdiction Ordinance of 1878 according to Allott?

    <p>Lack of enforcement machinery for tribunal orders</p> Signup and view all the answers

    Under the 1883 Ordinance, what jurisdiction did native courts have?

    <p>Only over non-natives by written consent</p> Signup and view all the answers

    How did the Native Jurisdiction Ordinance of 1878 contribute to the legal system in Ghana?

    <p>Created a rigid dichotomy between British and customary courts</p> Signup and view all the answers

    What was the impact of the 1883 Ordinance on native court jurisdiction?

    <p>Created a written consent requirement for non-natives</p> Signup and view all the answers

    Which feature was introduced by the 1910 amendment to the 1883 Ordinance regarding native courts?

    <p>Establishment of various grades of native courts</p> Signup and view all the answers

    What was one of the key powers conferred upon the court under the 1876 Ordinance in Ghana?

    <p>Power to appoint and control guardians of infants</p> Signup and view all the answers

    What type of cases fell under the jurisdiction of the Supreme Court in Ghana according to the 1876 Ordinance?

    <p>Probate, divorce, and matrimonial causes</p> Signup and view all the answers

    Under the 1876 Ordinance, what powers were specifically NOT conferred upon the Supreme Court in Ghana?

    <p>Ability to hear appeals from magistrates' courts</p> Signup and view all the answers

    What did the introduction of English law under section 14 of the Ordinance contribute to in Ghana?

    <p>Development of customary law and common law</p> Signup and view all the answers

    Which statement accurately reflects the jurisdiction of the Supreme Court under the 1876 Ordinance?

    <p>Civil and criminal jurisdiction in all provinces</p> Signup and view all the answers

    Who was authorised to exercise judicial powers as ex officio commissioners of the Supreme Court in the Gold Coast Colony?

    <p>District Commissioners</p> Signup and view all the answers

    What action could magistrates take in cases they deemed to be of significant gravity in the Gold Coast Colony?

    <p>Transfer the case to the divisional court for trial</p> Signup and view all the answers

    Under the 1876 Supreme Court Ordinance, what was the fate of the position of judicial assessor in the Gold Coast Colony?

    <p>It was abolished</p> Signup and view all the answers

    In which year did the first Native Jurisdiction Ordinance come into effect in the Gold Coast Colony?

    <p>1878</p> Signup and view all the answers

    What specific power was granted to chiefs in districts where the Native Jurisdiction Ordinance of 1883 applied?

    <p>Form native tribunals based on customary law</p> Signup and view all the answers

    What was the primary purpose of the Ordinance established in the Gold Coast Colony in the 19th century?

    <p>To create a dual system of laws</p> Signup and view all the answers

    What was the jurisdiction of the Supreme Court established by the 1876 Ordinance in the Gold Coast Colony?

    <p>Civil and criminal jurisdiction only</p> Signup and view all the answers

    What powers and authorities were conferred upon the court in Ghana under the 1876 Ordinance?

    <p>Full powers and authorities over legal matters</p> Signup and view all the answers

    What type of law formed part of the legal system in the Gold Coast Colony under the 1876 Ordinance?

    <p>English law</p> Signup and view all the answers

    What effect did the 1876 Ordinance have on customary law in the Gold Coast Colony?

    <p>It integrated customary law into the legal system</p> Signup and view all the answers

    Study Notes

    Sources of Law in French Law

    • The French Civil Code provides authority for judges to seek guidance from previous cases due to its vague provisions.
    • La doctrine (legal writings) is not a source of law but plays a significant role in influencing the interpretation of written law by judges and lawyers.
    • La doctrine includes opinions on legal matters expressed in books, articles, and scholarly publications, providing a systematic and critical exposition of positive law.

    Custom in English Law

    • Custom is a subsidiary source of law in English law, although its role was reduced by the codifications of the early 19th century.
    • Custom refers to local custom, which is an exception to the common law and confined to a particular locality, such as a county or class of persons.
    • To prove a custom, one must satisfy the Blackstone test, which requires proof of:
      • Antiquity (existence from time immemorial)
      • Continuance (uninterrupted existence since 1189)
      • Peaceable enjoyment (existence by common consent)
      • Obligatory force (being obligatory)
      • Certainty (being certain)
      • Consistency (being consistent with other customs)
      • Reasonableness (being reasonable)

    Development of Law in Ghana

    • The Native Jurisdiction Ordinance of 1878 was passed to facilitate and regulate the exercise of powers and jurisdiction by native authorities in the protected territories.
    • The Ordinance was repealed and replaced by another in 1883, which gave native courts jurisdiction over natives but not over Europeans.
    • The 1883 Ordinance was amended in 1910 to establish various grades of native courts.
    • The Supreme Court Ordinance of 1876 abolished the position of judicial assessor and established a dual system of laws, consisting of received English Law and customary law.
    • The Ordinance divided the country into judicial divisions, with a Supreme Court and subordinate courts, including divisional courts and magistrates' courts.
    • The Supreme Court had jurisdiction over appeals from the subordinate courts and exercised its powers in conformity with the law and practice in force in England.

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