58 Questions
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.
Which of the following is true about customary law in France?
It is a subsidiary source of law.
How does la doctrine influence the legal system in France?
By influencing the interpretation of written law by judges and lawyers.
What is the relationship between la doctrine and legal writings?
La doctrine provides opinions on legal matters through various publications.
Which of the following statements about customary law in France is true?
It remains a subsidiary source of law.
In what way has la doctrine influenced the development of French law?
By providing critical commentary on positive law.
What are the criteria that a person alleging a customary right must prove according to the Blackstone test?
Antiquity, Continuance, Peaceable enjoyment, Obligatory force, Certainty, Consistency, Reasonableness
Which of the following historical sources is considered of least importance in English law?
Law merchant
What type of custom does 'custom' refer to in the context provided?
Local custom
Why is local custom considered an exception to common law?
It is confined to a particular locality
What was the primary purpose of the law merchant in English legal history?
To govern disputes between merchants
What does a person alleging a customary right need to satisfy when providing proof?
The socalled Blackstone test
What is the primary focus of the book 'The Observer Book of Moots' by Dobson and Fitzpatrick?
Exploring negotiation techniques for agreements
In which publication did Ekow Daniels discuss the topic 'Judicial Precedent under Siege'?
The Enforcement of Morals
Which work by T. O. Elias focuses on 'The Nature of African Customary Law'?
The Common Law in West Africa
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?
Assessing judicial independence in African constitutions
Which topic is NOT covered in the publication by Fisher and Ury titled 'Getting to Yes - Negotiating Agreement Without Giving In'?
Judicial Precedent under Siege
'Sources of Law in Ghana' was discussed in which journal article by V. Essien?
'Development of Customary Law'
What was one of the defects Allott mentioned about the Native Jurisdiction Ordinance of 1878?
It lacked machinery for enforcing tribunal orders.
In the 1883 Ordinance, which statement about jurisdiction is true?
Various grades of native courts were not established.
How did the regulation of native tribunals affect the British and customary courts?
It created a rigid dichotomy between British and customary courts.
Under the 1910 amendment to the 1883 Ordinance, what happened to native court jurisdiction?
No changes were made to native court jurisdiction.
What was a significant aspect of the Supreme Court Ordinance enacted post-1876?
It facilitated and regulated native authorities' powers in protected territories.
What powers and authorities were conferred upon the court in Ghana under the 1876 Ordinance?
To appoint and control guardians of infants and their estates, keepers of idiots, lunatics, and those of unsound mind
In what year did the Colony obtain a local legislature according to the provisions in section 14 of the Ordinance?
1874
Under the 1876 Ordinance, what body of law was introduced by section 14 to be enforced within the jurisdiction of the Court?
Common law, doctrines of equity, statutes from England
What did the 1876 Ordinance provide regarding the application of English law in Ghana?
Applicable only so far as local jurisdiction and circumstances permit, subject to future Ordinances
Which provinces were established by the 1876 Ordinance as judicial divisions in Ghana?
Eastern, Central, Western
What was the role of Magistrates' courts in the Ghana court system in the 19th century?
To exercise judicial powers as ex officio commissioners of the Supreme Court.
Under the 1979 Constitution of Ghana, what was the Supreme Court Ordinance of 1876 responsible for?
Eliminating the position of judicial assessors.
In the Ghanaian court system, what did the first Native Jurisdiction Ordinance of 1878 aim to control in the Protectorate?
The native authorities.
What was a key feature of the replacement Native Jurisdiction Ordinance in Ghana in 1883 based on Chalmers' recommendations?
Empowering chiefs to form native tribunals based on customary law.
Which court had the authority to hear appeals from cases decided by magistrates' courts in Ghana during the 19th century?
Commissioner's Court.
What was the main purpose of the Ordinance established in the Gold Coast Colony in the 19th century?
To create a Supreme Court for administering justice in the colony
Which system of laws were established by the 1876 Ordinance in the Gold Coast Colony?
A dual system of laws consisting of English Law and customary law
What was the jurisdiction of the Supreme Court established by the 1876 Ordinance in the Gold Coast Colony?
Extended to territories where Her Majesty might acquire jurisdiction
Under the 1876 Ordinance, which law formed part of the legal system in the Gold Coast Colony?
Received English Law
What effect did the 1876 Ordinance have on the legal landscape of the Gold Coast Colony?
It introduced a dual system of laws in the courts
What was a major defect of the Native Jurisdiction Ordinance of 1878 according to Allott?
Lack of enforcement machinery for tribunal orders
Under the 1883 Ordinance, what jurisdiction did native courts have?
Only over non-natives by written consent
How did the Native Jurisdiction Ordinance of 1878 contribute to the legal system in Ghana?
Created a rigid dichotomy between British and customary courts
What was the impact of the 1883 Ordinance on native court jurisdiction?
Created a written consent requirement for non-natives
Which feature was introduced by the 1910 amendment to the 1883 Ordinance regarding native courts?
Establishment of various grades of native courts
What was one of the key powers conferred upon the court under the 1876 Ordinance in Ghana?
Power to appoint and control guardians of infants
What type of cases fell under the jurisdiction of the Supreme Court in Ghana according to the 1876 Ordinance?
Probate, divorce, and matrimonial causes
Under the 1876 Ordinance, what powers were specifically NOT conferred upon the Supreme Court in Ghana?
Ability to hear appeals from magistrates' courts
What did the introduction of English law under section 14 of the Ordinance contribute to in Ghana?
Development of customary law and common law
Which statement accurately reflects the jurisdiction of the Supreme Court under the 1876 Ordinance?
Civil and criminal jurisdiction in all provinces
Who was authorised to exercise judicial powers as ex officio commissioners of the Supreme Court in the Gold Coast Colony?
District Commissioners
What action could magistrates take in cases they deemed to be of significant gravity in the Gold Coast Colony?
Transfer the case to the divisional court for trial
Under the 1876 Supreme Court Ordinance, what was the fate of the position of judicial assessor in the Gold Coast Colony?
It was abolished
In which year did the first Native Jurisdiction Ordinance come into effect in the Gold Coast Colony?
1878
What specific power was granted to chiefs in districts where the Native Jurisdiction Ordinance of 1883 applied?
Form native tribunals based on customary law
What was the primary purpose of the Ordinance established in the Gold Coast Colony in the 19th century?
To create a dual system of laws
What was the jurisdiction of the Supreme Court established by the 1876 Ordinance in the Gold Coast Colony?
Civil and criminal jurisdiction only
What powers and authorities were conferred upon the court in Ghana under the 1876 Ordinance?
Full powers and authorities over legal matters
What type of law formed part of the legal system in the Gold Coast Colony under the 1876 Ordinance?
English law
What effect did the 1876 Ordinance have on customary law in the Gold Coast Colony?
It integrated customary law into the legal system
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.
Test your knowledge on the supreme law in English law, including the sources of law such as custom, law merchant, canon law, and Roman law. Explore how legislation can amend or repeal existing statutes and replace common law principles.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
