Makola Entrance Exam – Past Questions 2020

GHANA SCHOOL OF LAW
(BOARD OF LEGAL EDUCATION)

ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE

AUGUST, 2020

TIME: 2 HOURS

. SECTION A 

ANSWER ALL QUESTIONS IN THIS SECTION

1.  The effect of the application of res ipsa loquitur is:

   a.     To put the burden wholly on the defendant to disprove negligence beyond a reasonable doubt

   b.     To ensure that the claimant wins his case

   c.      To allow both parties to assume certain facts despite the absence of proof

   d.     To put the burden on the defendant to put forward a plausible explanation consistent with the absence of negligence.

2. In an argument between Kofi & Amina (both students at the Ghana School of Law), on what justifies the Supremacy of the Constitution 1992. They both argued as follows:
   i.     Kofi: The Constitution is supreme because of Article 11
   ii.     Amina: The Constitution is supreme because of Article 1 (2)
   Which of the following statements is accurate?
   a. i
   b.  ii
   c. None of the above

3. Which of the following best describes rape?

   a. Carnal knowledge of a female of sixteen years or above without her consent

   b. Carnal knowledge of a person of sixteen years or above without the person’s consent

   c. Carnal knowledge of a female of sixteen years or above with or without her consent

   d. Carnal knowledge of a female of sixteen years or above without her consent

4. .     Which of the following is not a means by which a lease may be terminated?

   a.     Effluxion of Time
   b.     Gift
   c.      Surrender
   d.     Forfeiture  

5. Which of the following is not a valid ground for the exercise of Judicial Review?

   a.     Unreasonableness of a decision by an administrative tribunal.

   b.     Misunderstanding of the law by the judge

   c.      A decision that is “Ultra-vires” the powers of an Administrative tribunal

   d.     Non-compliance with the rules of Natural Justice

6. A non-citizen can require a freehold interest in land in Ghana for more than fifty (50) years
   a.     True
   b.     False

7.  A cause or matter affecting chieftaincy is defined under Section 76 of the Chieftaincy Act 2008 (Act 759) as all of the following except
   a.     The constitutional relation between chiefs under customary law
   b.     The abdication of a chief
   c.      Criminal proceedings against a paramount chief
   d.     The right of a person to take part in the nomination of a chief.

8. For a valid alienation of stool property, the alienation must be made

   a.      By the chief and his linguist

   b.     By the linguist and the councillors of the stool

   c.      By chief alone

   d.     By the chief with the consent of the councillors of the stool

9. At Kakasunanka Nath a year one law student had a heated argument with his Senior brother, Manu, on whether the findings of a Commission of inquiry can be used as a basis for criminal prosecution in Ghana. Both argued as follows:

   i.      Manu: the findings of a Commission of inquiry can serve as evidence in court based on which a judge can pronounce an accused person guilty as charged.

   ii.     Nath: the findings of Commissions of inquiry can be used as a basis for criminal prosecution, otherwise, it is only a waste of taxpayer’s money Which of the following statements is inaccurate?
   a.      i
   b.     ii
   c.      All of the above
   d.     None of the above

10. Nuisance is a form of tort which is…………………………………………

    a.      Actionable per se
    b.     Not actionable per se
    c.      Actionable per se if plaintiff suffers pecuniary loss
    d.     None of the above

11. he Latin phrase, “Nulla poena sine praevia lege“ means

    a.      An act is only a crime if a specific penalty has been previously prescribed for it
    b.     An act is only a crime if it has been proscribed by law
    c.      An act is only a crime if it has been proscribed by the case law

    d.    An act is only a crime if a specific person has been previously prescribed with the authority to investigate it

12. Any orphan found in Ghana with no family is automatically considered a Ghanaian citizen,

    a.     True
    b.     False

13. The element of stealing includes the following except

    a.     the accused was not the owner

    b.     the accused appropriated the thing stolen

    c.     the appropriation was dishonest

    d.     the owner has proven ownership of the thing

14. Vesting of stool lands under the Administration of Stool Lands Act, 1962 (Act 123) extinguishes the title of the stool

    a.True
    b.False

     

15. Which of the following is not an element in establishing a case in libel?

    a.     Publication to a 3rd party
    b.     A section of the public who thought less of the claimant
    c.      A defamatory statement
    d.     Reference to the claimant

16.  Frank is a junior accountant at XYZ Ltd. He consistently adds additional zeros to the invoices entrusted to him by the chief accountant and pockets the additional cash. Which of the following offences is Frank likely to be charged with?

    i.      Forgery

    ii.     Fraudulent Breach of Trust

    iii.     Defrauding by False Pretences

    iv.     Falsification of Accounts

    a.     i only

    b.     i, ii, iii and iv

    c.      iv only

    d.     ii and iv

17. Which of the reasons below is not a justification for vicarious liability?

    a.     Due to compulsory insurance, the employer has the ‘deep-pocket
    b.     The employer will claim reimbursement from the employee who committed the tort
    c.      The employer has control over the employment situation
    d.     He who stands to profit from an enterprise should also bear its risks

18. In which of the following scenarios is duty of care least likely to be found?

    a.     A dentist gives the wrong anaesthetic to a patient
    b.     A police officer fails to fingerprint a dangerous criminal
    c.      A local authority places the wrong traffic sign at an intersection
    d.     A barrister carelessly conducts a client’s court case

19. Warabeba Chambers has received instructions from their client, to enforce a non-human rights provision of the Constitution 1992. Lawyers Gana and Ama, had and inter-counsel discussion, on which court should have jurisdiction over the matter. They both argued as follows:

    i.     Gana: “In my opinion, since the provision is clear, we should go to the High Court to enforce it.”

    ii.     Ama: “I think the Supreme Court remains the only court in Ghana, that can enforce the Constitution, except for the enforcement of a personal right.” Which one of the two arguments is accurate?

    a.     i

    b.     ii

    c.     None of the above

    d.     All of the above

20. Which of the following is an essential ingredient of the tort of negligence?

    1.    Defendant was under a legal duty to exercise due care

    2.     The duty was owed to the plaintiff

    3.     Defendant committed breach of such duty

    4.     The breach of such duty was the direct and proximate cause of the damage alleged

    a.      1,2 and 3

    b.     1,2,3 and 4

    c.      2,3, and 4

    d.     1,2 and 4

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