Introduction to Law and the Ghana Legal System

These flashcards cover essential concepts from the lecture notes on law and the legal system in Ghana.

What is law?

Law is a body of rules and regulations that regulate the conduct and activities of a group of people within a society.

What is the ultimate aim of law?

The ultimate aim of law is protection, freedom, and dispute resolution.

Define legal system.

A legal system is a body of rules and institutions that regulate a society and organize activities between individuals and the state.

What are the sources of law in Ghana?

The sources of law in Ghana include the Constitution, enactments by Parliament, orders and regulations under the Constitution, existing law, and common law.

What is common law?

Common law is developed by judges through court decisions rather than through legislative statutes, operating on the principle of precedent.

What is equity in law?

Equity refers to a set of legal principles that supplement common law, allowing courts to apply justice in accordance with natural law.

What constitutes the existing law of Ghana?

The existing law comprises the written and unwritten laws as they existed before the Constitution came into force.

What is the significance of the Constitution in Ghana?

The Constitution is the supreme law of Ghana, and any other law inconsistent with it is considered void.

What are the roles of the Supreme Court in Ghana?

The Supreme Court is the final appellate court, has supervisory jurisdiction over all courts, and hears appeals involving constitutional matters.

What occurs during the enactment of an Act of Parliament?

The process includes the introduction of a bill, its readings, committee examination, debate, and final assent from the President.

What are Alternative Dispute Resolution (ADR) mechanisms?

ADR includes negotiation, mediation, and arbitration as means of resolving disputes outside of litigation.

What are some challenges associated with litigation?

Litigation can be time-consuming, costly, and may destroy existing relationships between parties.

How does court-connected ADR work?

Court-connected ADR allows parties to resolve cases efficiently through mediation, with the outcome adopted by the court as a judgment.

What is meant by the term 'mediation' in dispute resolution?

Mediation involves a neutral third party facilitating a resolution between disputing parties, who arrive at an agreement voluntarily.

How does the High Court function in Ghana's judicial system?

The High Court has original jurisdiction in civil and criminal matters and supervisory jurisdiction over lower courts.