Questions and Answers
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?
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Who primarily creates international law?
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Who is credited with systematizing equity by 1676?
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With what are the practices of international law closely associated?
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Which international organization is considered a subject of public international law?
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What did the Judicature Act of 1873 aim to achieve?
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How did Equity differ from Common Law in terms of decision-making?
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What led to the establishment of a body of precedence in Equity after 1672?
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What problem did the practice of both common law and equity cause before the Judicature Act?
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What does the realist school of thought assert about law?
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What concept did Roscoe Pound focus on in relation to law?
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How does the realist school of thought differ from the rules school of thought?
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Which school of thought believes that law must be related to the activity of judges or officials in dispute resolution?
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What limitation is highlighted in the text regarding the realist school of thought's perspective on law?
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What crucial aspect does Olivia Wendell advocate for in relation to law?
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What is the main purpose of criminal proceedings?
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How does civil law differ from criminal law?
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Who is primarily concerned in criminal proceedings?
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In what way does a tort differ from a crime?
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What distinguishes public law from private law?
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Which legal concept necessitates bringing both criminal and civil actions against a perpetrator?
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What is the minimum number of Justices of the High Court required for the trial of the offence of high treason or treason?
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What jurisdiction does the High Court have in matters related to Fundamental Human Rights and Freedoms?
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Who can request to sit as High Court Justices according to Section 14 of Act 459?
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In a trial for the offence of high treason or treason, what power does the High Court have regarding convictions?
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Which type of jurisdiction does the High Court lack in trials for high treason or treason?
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Who can constitute the High Court according to the provided text?
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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
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Description
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.