30 Questions
Which law governs a contract between Kwabena and Agovi if Agovi fails to supply eggs to a company in Abidjan?
International law
Which laws in Ghana incorporate provisions from the Convention on the Rights of the Child?
Children's Act of 1998
What is the primary source of norms in international law?
Custom
What was a significant issue with Equity before 1672?
Inconsistency due to decisions changing with each Chancellor.
Who primarily creates international law?
States
Who is credited with systematizing equity by 1676?
Lord Nottingham.
With what are the practices of international law closely associated?
Diplomacy
Which international organization is considered a subject of public international law?
United Nations (UN)
What did the Judicature Act of 1873 aim to achieve?
Administer both common law and equity cases without mixing.
How did Equity differ from Common Law in terms of decision-making?
Equity was based on the conscience of the Chancellor, while Common Law had set measures.
What led to the establishment of a body of precedence in Equity after 1672?
Chancellors being appointed with legal training.
What problem did the practice of both common law and equity cause before the Judicature Act?
Maintenance of multiple courts.
What does the realist school of thought assert about law?
Law is what the judges decide
What concept did Roscoe Pound focus on in relation to law?
Law as a social institution satisfying various needs
How does the realist school of thought differ from the rules school of thought?
Realism emphasizes judicial decisions, while rules focus on historical events
Which school of thought believes that law must be related to the activity of judges or officials in dispute resolution?
Realist school of thought
What limitation is highlighted in the text regarding the realist school of thought's perspective on law?
It doesn't consider law existing before courts
What crucial aspect does Olivia Wendell advocate for in relation to law?
Judges' decisions determining law
What is the main purpose of criminal proceedings?
To punish the offender
How does civil law differ from criminal law?
Civil law compensates the victim, while criminal law punishes the offender
Who is primarily concerned in criminal proceedings?
The State and society in general
In what way does a tort differ from a crime?
Torts violate private rights, crimes involve public rights
What distinguishes public law from private law?
Public law involves State organs, private law involves individuals
Which legal concept necessitates bringing both criminal and civil actions against a perpetrator?
Dual liability
What is the minimum number of Justices of the High Court required for the trial of the offence of high treason or treason?
Three Justices of the Court
What jurisdiction does the High Court have in matters related to Fundamental Human Rights and Freedoms?
Jurisdiction to enforce Fundamental Human Rights and Freedoms
Who can request to sit as High Court Justices according to Section 14 of Act 459?
The Chief Justice
In a trial for the offence of high treason or treason, what power does the High Court have regarding convictions?
Power to convict only for high treason or treason
Which type of jurisdiction does the High Court lack in trials for high treason or treason?
Original jurisdiction
Who can constitute the High Court according to the provided text?
A Regional Tribunal Chairman
Study Notes
Private International Law
- In contracts involving parties from different countries, the governing law may be disputed
- Courts determine the applicable law using private international law rules
Sources of International Law
- Custom (consistent state practice)
- Conventional agreements (treaties)
- Created primarily by States for their own purposes or for facilitating functions of organizations
Equity
- Developed to address injustices in Common Law
- Initially inconsistent due to lack of standards
- Systematized by Lord Nottingham in 1676
- Fully developed and settled by 1818
- Required separate courts, causing problems and expense
Judicature Acts
- 1873: Enabled courts to administer both Common Law and Equity cases
- 1875: Further unified the administration of justice
Concepts of Law
- Roscoe Pound: Law as a social institution satisfying wants
- Eugen Ehrlich: Law as a social fact determining relationships
- School of thought: Law by rules regulates behavior and social norms
- Realist School: Law is what judges decide, emphasizing court decisions
Criminal Law
- Concerned with definition, trial, and punishment of crimes
- Distinct from Civil Law, which compensates individuals for wrongdoing
- Criminal proceedings prioritize punishing the offender on behalf of society
- Public Law deals with State-individual relationships, while Private Law deals with individual relationships
High Court Composition and Jurisdiction
- Comprises the Chief Justice and at least 20 Justices of the High Court
- Has original and appellate jurisdiction in civil and criminal matters
- Enforces Fundamental Human Rights and Freedoms guaranteed by the Constitution
Test your knowledge on the legal implications of entering into international contracts. Explore the concepts of private international law and the governing rules for cross-border agreements.
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