Introduction to the Judiciary 1992 Constitution
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Introduction to the Judiciary 1992 Constitution

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Questions and Answers

Which courts are included in the Superior Courts of Judicature?

  • District Courts
  • High Court (correct)
  • Criminal Courts
  • Family Courts
  • What is the minimum number of Justices required for the Supreme Court to conduct its work?

  • Three
  • Seven
  • Five (correct)
  • Nine
  • Who is responsible for presiding over the sittings of the Supreme Court?

  • The Chief Justice (correct)
  • The Attorney General
  • The most junior Justice
  • A junior Justice
  • What qualifications are required for someone to be appointed as a Supreme Court Judge?

    <p>Law degree and legal practice of fifteen years</p> Signup and view all the answers

    In the absence of the Chief Justice, who presides over the Supreme Court?

    <p>The most senior Justice</p> Signup and view all the answers

    Which article of the 1992 Constitution outlines the structure of the judiciary?

    <p>Article 126</p> Signup and view all the answers

    What is the highest court in the land?

    <p>The Supreme Court</p> Signup and view all the answers

    What condition must a lawyer meet to qualify for appointment as a Supreme Court Judge?

    <p>Must be of high moral character</p> Signup and view all the answers

    What is the minimum number of Justices required for the Court of Appeal to be duly constituted?

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

    How many Justices must the High Court consist of at minimum?

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

    Who presides over the Court of Appeal?

    <p>The most senior Justice</p> Signup and view all the answers

    What is the requirement for a lawyer to be appointed as a Court of Appeal Judge?

    <p>At least 12 years of legal experience and high moral character</p> Signup and view all the answers

    What type of cases does the Court of Appeal have jurisdiction to hear?

    <p>Appeals from High Court judgments and decrees</p> Signup and view all the answers

    In the High Court, how is the court constituted for the trial of high treason or treason?

    <p>By three Justices</p> Signup and view all the answers

    What is the maximum number of Justices in the Court of Appeal, excluding the Chief Justice, that can be appointed?

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

    What authority does a single Judge of the Court of Appeal have?

    <p>To sit alone for non-decisive applications</p> Signup and view all the answers

    Which law is specifically mentioned as subject to the Regional Tribunal's jurisdiction?

    <p>Income Tax Decree, 1975</p> Signup and view all the answers

    What qualifies an individual to be appointed as a Circuit Court Judge?

    <p>A lawyer of five years’ standing with high moral character</p> Signup and view all the answers

    Which of the following is NOT one of the lower courts established by the Courts Act, 1993?

    <p>Family Courts</p> Signup and view all the answers

    What role does the Chief Justice have concerning Circuit Courts?

    <p>Decides the number of Circuit Courts in each Region</p> Signup and view all the answers

    What type of jurisdiction does the Supreme Court have over matters relating to high treason or treason?

    <p>Appellate jurisdiction</p> Signup and view all the answers

    What type of offences does the Regional Tribunal primarily try?

    <p>Serious economic fraud and loss of State funds</p> Signup and view all the answers

    What legal instruments can the Supreme Court issue under its supervisory jurisdiction?

    <p>Habeas corpus and mandamus</p> Signup and view all the answers

    Which authority can nominate a Justice to sit as a Circuit Court Judge?

    <p>The Chief Justice</p> Signup and view all the answers

    Which of the following is NOT a way the Supreme Court exercises its special jurisdiction?

    <p>Reviewing administrative decisions</p> Signup and view all the answers

    What is the primary function of the Court of Appeal?

    <p>To hear appeals exclusively</p> Signup and view all the answers

    Who chairs the committee that investigates the removal of the President?

    <p>The Chief Justice</p> Signup and view all the answers

    What requirement must be met to appeal decisions from the Judicial Committee of the National House of Chiefs?

    <p>Leave from the Judicial Committee or the Supreme Court</p> Signup and view all the answers

    What does Article 132 grant the Supreme Court in relation to its supervisory jurisdiction?

    <p>The power to issue orders for enforcement of its jurisdiction</p> Signup and view all the answers

    In what scenario might the Supreme Court refuse to produce certain official documents?

    <p>If their contents are prejudicial to security or public interest</p> Signup and view all the answers

    What is the maximum monetary value for matters heard by the District Court?

    <p>GH5,000</p> Signup and view all the answers

    Which of the following individuals can sit as a Magistrate?

    <p>A Circuit court judge nominated by the Chief Justice</p> Signup and view all the answers

    What type of jurisdiction does the District Court have in civil matters?

    <p>Jurisdiction similar to the circuit court with limits on monetary value</p> Signup and view all the answers

    What is the maximum penalty for offenses heard by the District Court in criminal cases?

    <p>A fine not exceeding 500 penalty units or imprisonment for up to two years</p> Signup and view all the answers

    Who designates a District Court as a Juvenile Court?

    <p>The Chief Justice</p> Signup and view all the answers

    How is a Juvenile Court composed?

    <p>A Magistrate, a social welfare officer, and a person over twenty-five</p> Signup and view all the answers

    Study Notes

    Introduction to the Judiciary

    • Justice is derived from the people, administered by an independent Judiciary as per the 1992 Constitution.
    • Article 125 emphasizes Judiciary's exclusivity to the Constitution, while Article 126 outlines its structure.

    Superior Courts of Judicature

    • Comprised of the Supreme Court, Court of Appeal, High Court, and Regional Tribunals.
    • Established and governed by the provisions of the Constitution.

    The Supreme Court

    • Highest court in the jurisdiction; details outlined in Articles 128-135 of the 1992 Constitution and the Courts Act, 1993.
    • Composition: Chief Justice and a minimum of nine Justices. At least five Judges are needed for court sessions, and seven for reviewing decisions.
    • Qualifications for Justices include a minimum of fifteen years of legal experience and proven integrity.
    • Exclusive appellate jurisdiction on high treason issues from the High Court and appellate reviews from the Judicial Committee of the National House of Chiefs.
    • Supervisory jurisdiction allows it to issue orders to enforce compliance from lower courts, including habeas corpus and certiorari.
    • Special jurisdiction includes document confidentiality related to state security and challenges to presidential election validity.

    The Court of Appeal

    • The second highest court focused solely on appellate jurisdiction detailed in Articles 136-138 and sections 10-13 of Act 459.
    • Made up of the Chief Justice and at least ten Justices; requires three Justices to form a sitting.
    • Judges must have a minimum of twelve years of legal practice.
    • Jurisdiction limited to hearing appeals from the High Court and Regional Tribunals.

    The High Court

    • Details laid out in Articles 139-141 and sections 14-22 of Act 459.
    • Composed of the Chief Justice and no fewer than 20 Justices; multiple Justices may sit for specific hearings.
    • Handles serious economic crime cases via Regional Tribunals, targeting laws relating to customs, income tax, drug-related offenses, and state fund fraud.

    Lower Courts

    • Established by Act 459, includes Circuit Courts, District Courts, and Juvenile Courts.
    • Traditional councils adjudicate chieftaincy matters.

    Circuit Court

    • Number and jurisdiction determined by the Chief Justice; composed of a single Judge.
    • Judges must have at least five years of legal experience and high moral integrity.

    District Court

    • Has authority to handle most cases a Circuit Court can, except monetary values must be under GH5,000.
    • Sole jurisdiction over juvenile matters (under 18 years of age).
    • Criminal jurisdiction for offenses punishable by less than two years imprisonment or fines not exceeding 500 penalty units.

    Juvenile Courts

    • Designated by the Chief Justice as part of District Courts.
    • Comprises a Magistrate and two additional members, including a social welfare officer and a community member aged 25 or over.

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    Description

    This quiz explores the fundamental aspects of the judiciary as established in the 1992 Constitution. It covers the structure and function of superior courts, including the Supreme Court and its requirements for Justices. Test your knowledge on the judicial independence and organizational details mandated by the Constitution.

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