GHANA SCHOOL OF LAW
(BOARD OF LEGAL EDUCATION)
ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE
JULY 6, 2012
TIME: 2 HOURS
SECTION A
ANSWER ALL QUESTIONS IN THIS SECTION
Question One ‘
The Supreme Court Ordinance 1876 section 14 confined the received English law to that existing on:
(a) 4 July 1874
(b) 1 July 1876
(c) 24 July 1874
(d) 1 January 1876
Question Two
The Bond of 1844 was primarily designed to achieve the following
(a) Protect the signatories from the wrath of the Fanti gods
(b) Protect the signatories from the wrath of the Fanti gods
(c) Alliance of the coastal states against the Ashanti
(d) To extend British dominion over the coastal States of Gold coast
Question Three
The “common law “of Ghana consists of the following elements:
(a) Received English Law, doctrines of equity and customary law
(b) Received English law, doctrines of equity, and rules of natural justice
(c) Received English law, Commercial law, and custom not repugnant to natural justice
(d) Received English law as at 24 July 1874, customs not repugnant to natural justice and laws of the colonial legislature.
Question Four
The Latin term “De minimis non curat Lex “means:
(a) The Law is interested in small details.
(b) The law does not concern itself with trifles
(c) The law does not concern itself with inaccurate details
(d) The law is interested in accurate details.
Question Five
The rule of law in its modem sense owes a great deal to:
(a) Lord Denning
(b) Baron Montesquieu
(c) Albert Dicey
(d) William Blackstone
Question Six
To what does the term ‘vicarious liability’ refers?
(a) The liability of ministers of certain religions
(b) Liability in nature of a punishment for blatant infringement of another’s rights
(c) The liability of an employer for acts committed by employees in the course of their employment
(d) The liability of employees for acts done on their employers’ behalf Question Seven
Question Seven
“A person who, in the course of a non-natural use of his land, accumulates or is held to be responsible for the accumulation on it of anything likely to do harm if it escapes, is liable for the damage to the use of the land of another, which results from the escape of the thing from his land. “What tortuous principle does this statement represents?
(a) The rule in Bradford Corporation v Pickles [1895]
(b) The rule in Smith v Selwyn [1914]
(c) The ‘neighbor principle’ in Donoghue v. Stevenson [1932]
(d) The rule in Rylands v Fletcher [1866]
Question Eight
How many core courses must a student currently pass in order to be eligible for entry into the Ghana School of Law?
(a) 5
(b) 6
(c) 7
(d) 8
Question Nine
What is a tort actionable per se?
(a) A tort that is actionable without proof of any actual loss.’- ,
(b) It is a tort where no evidence of how the damage occurred is required
(c) It is a tort that is actionable only where the damage is actually shown to have occurred
(d) It is a tort for which there is no defence
Question Ten
What is “subprime mortgage”?
(a) Making loans to people who may have no difficulty in maintaining the repayment schedule.
(b) Making loans to people who may have difficulty maintaining the repayment schedule.
(c) Making loans to people who are unemployed.
(d) Making loans to people who are buying their first property.
Question Eleven
If your neighbuor insists on smoking tilapia in a home-make grill, and the smoke, smells and smut from the grill drift onto your property, dirty your washing and stop you from sitting on your porch in the evening, which of the following would be the appropriate tort in which to sue your neighbour?
(a) Rylands v Fletcher
(b) Nuisance
(c) Trespass
(d) Negligence
Question Twelve
At common law, a master owes a duty of care to his workers. What does this duty entails?
(a) Provision of social amenities, lunch breaks and health insurance .
(b) Provision of a nursery for nursing mothers and’maternity leave
(c) Provision of competent staff, adequate material, a proper system and effective supervision
(d) Provision of bonuses at the end of the year with a Christmas party.
Question Thirteen
As a rule, willing self-exposure to injury or loss, or risks, releases others from the duty of care which would normally devolve upon them, provided willingness is genuine. What is this rule called in the law of tort?
(a) Audi alteram partem rule
(b) Caveat emptor rule
(c) Volenti non fit injuria rule
(d) Res ipsa loquitur rule
Question Fourteen
The phrase “Quantum Meruit” literally means:
(a) A contract for sale
(b) The fact itself
(c) As much as earned
(d) None of these
Question Fifteen
An agreement for a lease may be enforced under one of the following equitable maxims
(a) Equity imputes an intention to fulfil an obligation
(b) Equity regards as done that which ought to be done
(c) He who comes to equity must come with clean hands
(d) Equity looks at the intent rather than the form.
Question Sixteen
In the law of contract the display of goods in a shop with a price on them is called:
(a) An invitation to tender
(b) An invitation to negotiate
(c) An invitation to treat
(d) An offer to buy the goods
Question Seventeen
Where a contractual clause provides for the payment of a sum, in the event of a breach, which is a genuine pre-estimate of the potential loss to the innocent party, such a sum is caljed
(a) Unliquidated damages
(b) Liquidates damages .
(c) Penalty for breach
(d) Exemplary damages
Question Eighteen
Former President Rawlings is the African Union’s High Representative for:
(a) Darfur, Sudan
(b) Somalia
(c) Somaliland
(d) Great Lakes Region
Question Nineteen
When was Former President Kuffour chairperson of the African Union?
(a) 2001-2003
(b) 2004-2005
(c) 2003-2004
(d) 2007-2008
Question Twenty
The acceptance of an offer by Email may be determined by reliance on the Electronic Transactions Act, 2008 (Act 772)
(a) Section 23
(b) Section 18
(c) Section 19
(d) All of the above
Question Twenty-One
At common law a promise to waive or forego a debt or part payment of a debt is not binding on the promisor unless there is some fresh consideration flowing from the promise. Which section of the Contracts Act, 1960 (Act 25) has modified this rule?
(a) Section 8(1)
(b) Section 8(2) ‘
(c) Section 9
(d) Section 10
Question Twenty-Two
Former Liberian President, Charles Taylor, was tried, convicted and sentenced by:
(a) International Commission of Jurist
(b) International Criminal Court at the Hague
(c) International Criminal court for Liberia
(d) International Criminal Court for Sierra Leone
Question Twenty-Four
Who was the first Director of Legal Education in Ghana?
(a) Prof. Ekow Daniels
(b) Prof. WB Harbey
(c) Prof. JH Lang
(d) Mr. BJ Da Rocha
Question Twenty-Five
Which of these is usually referred to as “Equity’s darling”?
(a) Bona fide purchaser of an equitable interest
(b) Bona fide beneficiary of a legal interest
(c) Bona fide purchaser for value without notice
(d) Bona fide purchaser for value with notice
Question Twenty-Six
The law requires that a lease must be in writing unless:
(a) It is an invitation to treat
(b) It is for a term of less than three years
(c) It is a reversionary lease
(d) It is a sub-lease
Question Twenty-Seven
In terms of the Criminal Offences Act 1960 (Act 29), what is the effect of mistake of fact?
(a) It is no defence to a criminal charge
(b) It is a complete defence to a criminal charge
(c) It is a partial defence to a criminal charge
(d) It reduces the offence charged to a lesser one
Question Twenty-Eight
What type of crime would be classified as strict liability crime?
(a) One with mens rea and octus reus
(b) One with mens rea without actus reus
(c) One with actus reus without mens rea
(d) One which is regulatory in nature.
Question Twenty-Nine
What is the African Peer Review Mechanism (APRM)?
(a) Self-imposed compulsory review mechanism for economic growth by the African Union.
(b) European Union-imposed democratic review mechanism for African States
(c) Mutually agreed self-monitoring mechanism voluntarily agreed by the African Union
(d) Mechanism for economic’development adopted by the African Union
(e) Mechanism for economic development adopted by the African Union
Question Thirty
What was the main holding in New Patriotic Party v Attorney-General (1993) (31 December case)?
(a) The 31 December coup d’etat was illegal
(b) The celebration of the 31 December coup d’etat should not be financed out of public funds
(c) That whether or not to celebrate the 31 December coup d’etat was a political question’.
(d) The Supreme Court did not have jurisdiction to entertain a ‘political question
Question Thirty-One
According to the 2010 population census of Ghana the percentage of the female population stands at:
(a) 50% ‘
(b) 49%
(c) 51.2%
(d) 48.8%
Question Thirty-Two
When was ECOWAS founded?
(a) 28 May 1975
(b) 24 February 1976
(c) 6 March 1976
(d) 1 July 1975
Question Thirty-Three
Who was the last Apartheid President of South Africa?
(a) Hendrik Berwoerd
(b) Pik Botha
(c) Fredrick De Klerk
(d) Jan Smut
Question Thirty-Four
How many members of the current Parliament of Ghana belong the New Patriotic Party (NPP)?
(a) 116
(b) 106
(c) 107
(d) 110
Question Thirty-Five
Who was the first black African to serve as President of the United Nations General Assembly?
(a) John Mensali Sarbah
(b) Daniel Chapman
(c) Fred Arkurst ‘
(d) Alex Quaison-Sackey
SECTION B
ANSWER ANY ONE QUESTION IN THIS SECTION
QUESTION ONE
The issue of homosexuality has been intensely debated iii recent months. What, in your opinion are the pros and cons of legalizing this particular area of human conduct?
QUESTION TWO
It has been said that “the ethical code of his profession as well as the law governing imposes a dual role on the lawyer, namely, client representation as well as guardian of society’s interests, particularly in the fair treatment of individuals, the discouragement of conduct inconsistent with the interest of society and the maintenance of the integrity of the judicial process” – Kwamena Bentsi-Enchill “The lawyer’s calling in Africa”.
What in your opinion should lawyers do to effectively play this dual role in society?
QUESTION THREE
ABC Co, who manufacture oil rigs, wrote to Takoradi Ltd, an oil company, offering to construct an oil rig for GhC1,000,000. The offer was made on a form containing ABC’s agreed contract price might be varied according to the cost and availability of materials Takoradi Ltd replied in a letter containing their standard terms of business stating that they wish to order the rig. These terms did not include a price variation, clause but contained a statement that the order was not valid unless confirmed by return post. ABC duly confirmed by a letter dated June 4 which was delayed in the post as it bore the wrong address and did not arrive until June 16. Meanwhile, on June 12, Takoradi Ltd posted a letter to ABC cancelling the order which arrived on 15 June. ABC ignored this letter and pressed on with the construction of the rig. It was completed one year later at a price of GHC2,000,000 Takoradi Ltd refuses to take delivery.
Advise Takoradi Ltd.
QUESTION FOUR
Kofi, a teacher of Whizz Kids Preparatory School, takes a party of children to a nature reserve on a mountain. This reserve is locally known for the sudden mists which from time to time descend over the mountain, though Kofi is unaware of this. Early in the afternoon a thick mist envelops the area and the temperature drops rapidly. Kofi has forgotten to bring with him a map and compass, and the group becomes hopelessly lost. After rambling aimlessly for a while the party takes shelter in a derelict house to wait for the mist to clear.
Meanwhile, when Kofi failed to return home at the expected time, his wife informed’ the police and a search party is mounted. Kwabena, a member of the search party, misses his footing on a sharp bank and broke his leg. When Kofi and the children are eventually found later that they are all taken to hospital suffering from the effects of exposure and one of them, Ama, is found with a very severe cold. The children’s parents are informed of what has happened and Ama’s mother, Joy, watches on television news bulletin which shows the children being taken from the ambulance into hospital. Joy, who is of a nervous disposition, is now suffering from shock.
Advise the injured parties of their rights of action, if any, in tort.
