Independent examination board of the General Legal Council
Ghana school of law
Entrance examination to the professional law course
31st JULY 2015
Time: 2 hours 9 a.m. -11am.
SECTION A
INSTRUCTIONS: ANSWER ALL QUESTIONS IN THIS SECTION BY TICKING THE CORRECT ANSWER.CANDIDATES WHO TICK MORE THAN ONE ANSWER OR DO OTHERWISE THAN TICK AN ANSWER WILL LOSE THE MARK FOR THAT QUESTION, AFTER COMPLETING YOUR ANSWERS, INSERT THIS QUESTION PAPER (DULY TICKED) INTO YOUR ANSWER BOOKLET.
PLEASE WRITE YOUR INDEX NUMBER IN THE RECTANGLE BELOW.
1. A takes loan for B so that b may purchase property. In an action the court declares that A has a lien on the property bought until b repays the loan taken by A on B’s behalf. The equitable doctrine used by the court was:
a. He who comes to the equity must come with clean hands.
b. Equity follows the law
c. Equity sees that as done which ought to have been done
d. Equity aids the vigilant and not the indolent
2. For the rule of the bona fide purchaser for value without notice to apply to A against B:
a. A must have been vigilant
b. A must have registered his interest
c. A must have something valuable
d. B must have been vigilant
3. Which of the under listed cannot be considered a characteristic of the common system?
a. Stare decisis
b. Legislation
c. Maxims of equity
d. Justinian codes
4. The equitable maxim “equity acts in personam” means that:
a. Equity assists a person who is vigilant and not the indolent
b. Equity will not let a person suffer a wrong without a remedy
c. Equity has jurisdiction over the defendant personally
d. Equity acts on behalf of all persons
5. Since when did customary law become a question of law not fact in Ghana?
a.1960
b.1876
c.1957
d.1958
6. Which of these statements is not true?
a. The general Legal Council is responsible for the discipline of lawyers.
b. The Ghana Bar Association is responsible for the discipline of lawyers.
c. The General Legal Council certifies who is qualified to be a practicing lawyer.
d. Ghana has a unified system of solicitors and barristers.
7. A lawful visitor to premises includes:
a. Contractual visitors, policemen on duty, tenants and invitees
b. Contractual visitors, licensees, invitees and persons with right to enter
c. Persons with a right of entry, relatives, bailiffs and contractual visitors
d. Persons entering as of right, land owner, invitees and licensees.
8. In which of these marital situations is Kofi not guilty of bigamy under section 263(1) of the criminal and other offences act, 1960(Act29)?
a. Kofi, who is monogamously married to Abena, goes through another monogamous ceremony of marriage with Yaa.
b. Kofi while still married monogamously to Abena, contracts another marriage under customary law with Yaa.
c. Kofi while still married under customary law goes through a monogamous marriage with Yaa
d. Kofi a Muslim, while in a Muslim marriage with Abena converts to Christianity and thereafter contracts a customary marriage with Yaa which was blessed in a church
9. To succeed in a defense of fair comment in a libel action, which of the following ingredients is the defendant not required to prove?
a. The words are comments and not statements of fact.
b. The comment was in exercise of his right to freedom of speech.
c. There is a basis of fact for the comment contained or referred to in the matter complained of.
d. The comment is on a matter of public interest, one which has expressly or impliedly been put before the public for judgment or a mater in respect of which the public has a legitimate concern.
10. In an action for passing off, on which of the following elements does a plaintiff not have to lead sufficient in order to succeed?
a. The goods or works in question were distinctive and had some reputation because of which there was goodwill attached to the name of the goods sufficient for members of the public to be misled or confused by the defendant’s goods or works into thinking they are buying the goods of the plaintiff.
b. The defendant had by the get-up or description of their goods or work been misrepresenting them to be those of the plaintiff and there was a probability of confusion between the two products in the mind of the public such as to deceive them.
c. The plaintiff has to show actual deception of fraudulent motive or actual malice on the part of the defendant
d. The misrepresentation was likely to harm the plaintiffs interest, and it was immaterial that the defendant did not intend to cause harm.
11. When an accuse person is acquitted and discharged after a criminal trial. This means:
a. the accused person cannot be tried again in respect of the same offence
b. the accused person can never be arrested in his lifetime
c. the accused person can file an appeal
d. the accused can apply for the compensation from the state
12. Ama threw a stone at Akosua .it missed her. What should Ama be charged with?
a. Ama will be liable for battery but not assault.
b. Ama will be liable for assault but not battery.
c. Ama will be liable for assault and for battery.
d. Ama will not be liable for either assault and battery because this is not a matter.
13. Section 2 of the wills Act, 1971 (Act 360) governs formalities and requires that must be:
a. Communicated, signed by the testator and witness.
b. Signed by the testator and his witnesses with the executors.
c. In writing, signed by the testator and the executors.
d. In writing, signed by the testator and witnesses.
14. The supreme court of Ghana decided in the case of Ghana lotto operators v. Ghana National Lottery Authority that:
a. The directive principles of State Policy is justiciable simpliciter.
b. There is a presumption of justiciability of the Directive Principles of State Policy.
c. The directive principles of state policy are only justiciable if they are read together with the provisions protecting fundamental rights and freedoms.
d. The directive principles of state policy are only justiciable if parliament so declares.
15. Which of the following is not one of the principal mandates of the commission on human rights and administrative justice as found in the 1992 constitution?
a. An ombudsman.
b. A national human rights commission.
c. Disputes settlement unit.
d. Anti-corruption body.
16. A reservation of the title clause is:
i. A clause in a contract of sale retaining title of goods until payment has been made
ii. A clause that is implied into consumer contracts
iii. A reserve price clause in a consumer contract
iv. A clause in a contract of sale stating that the contract is a business contract
17. An international business transaction entered into by the government of Ghana is null and void under article 181 of the 1992 constitution unless…
a. It was the attorney-general who conducted the negotiation on behalf of government by virtue of article 88 of the 1992 constitution.
b. The currency for payment under the contract was Ghana Cedis.
c. The agreement had been placed before and approved by a resolution of parliament.
d. The agreement had been reviewed and approved by the president.
18. A wrong statement of fact made to another at the time of contracting which the maker intended to include the other party to act on and which does in fact induce him to act on is referred to as.
a. Mistake
b. Misrepresentation
c. Mispresentation
d. Misdescription
19. The right to collect things that occur naturally on another’s immovable property is known as….
a. Easement
b. Profit a’ prendre
c. License
d. Powers
20. Which of the following tenancies is not a common law tenancy?
a. Tenancy for years.
b. Tenancy from year to year.
c. Statutory tenancy.
d. Tenancy at will.
21. The usual means by which a civil action is commenced in the high court and cicuit court is
a. Bench warrant
b. Criminal summons
c. Writ of summons
d. Hearing notice
22. The 1992 constitution provides that, except when reviewing its decision or a single judge is hearing an interlocutory matter, the supreme court shall be constituted by [ ] supreme court justices.
a. One
b. Three
c. Five
d. Seven
23. Contracts for which a minor may be held liable include:
a. Contracts for necessities of life, share purchase agreement and voidable contracts
b. Voidable contracts, beneficial contracts of service and contracts for necessaries of life
c. Contracts for necessaries of life, contracts of sendee and contracts for supplies
d. Contracts of service, contracts for share purchase and contracts of service,contracts for share purchase and contracts for necessaries of life.
24. Who put the pure theory of law or the basic norm called Grundnorm.
a. Hans Rickler
b. John Austin
c. Hans Kelsen
d. Kari Llewellyn
25. Senyo, while delivering parts to a customer for his employer, negligently ran into and injured Fafa. Senyo had been asked by his employer to make these deliveries even though Senyo was using his personal pickup truck. Neither Senyo nor the employer had had insurance to cover this injury.
Which of the following is correct?
a. Fafa can hold Senyo liable but note the employer because Senyo was driving his own car
b. Fafa can hold the employer liable but not Senyo because the employer had asked Senyo to make the deliveries.
c. Fafa can hold either Senyo or the employer or both liable.
d. Fafa can hold Senyo or the employer liable but not both.
26. A Bill for the amendment of an entrenched provision of the 1992 constitution shall not be passed by Parliament unless in a referendum held on the bill…
a. 40 per cent of persons entitled to vote, voted and at least 75 per cent voted in favor of passing the bill.
b. 50 per cent of persons entitled to vote, voted and at least 75 per cent voted in favor of passing the bill.
c. 60 percent of persons entitled to vote, voted and at least 75 per cent voted in favor of passing the bill.
d. 45 per cent of persons entitled to vote, voted and at least 75 per cent voted in favor of passing the bill
27. The court of appeal, like the Supreme Court, is not to follow its own previous decisions
a. Accurate
b. Inaccurate
28. Which of these best describes the offense of making a false statement under oath?
a. Affirmation.
b. Fabrication.
c. Perjury.
d. Deceit.
29 what doctrine of law was first formulated by Montesquieu?
a. The rule of law
b. The sovereignty of parliament
c. Separation of powers
d. Droit administratiff
30. A person who is arrested, restricted or detained for the purpose of bringing him before a court in execution of an order of a court, or upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana and who is not released, shall be brought before a court within [ ] hours after the arrest, restriction or detention
a. Twelve
b. Thirty-six
c. Twenty- four
d. Forty-eight
GHANA SCHOOL OF LAW
ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE
JULY 31, 2015
SECTION B
ANSWER ONLY ONE QUESTION IN THIS SECTION
ALL QUESTIONS CARRY EQUAL MARKS.
Q1
John Sarbah is an astute constitutional law expert. He is currently not satisfied with how the energy crisis is being managed in the country. As a result, John Sarbah has become a vociferous critique of the government. He even led some members of the public to occupy the premises of the seat of Government in order to register their displeasure about the deficiencies in public service. Again, in a recent impasse between doctors and the government about unpaid work allowance, some members of the Ghana Medical Association (GMA), were brutally assaulted by some police personnel. This happened when members when members of GMA went to the jubilee House to present a petition to the President of the Republic. According to the government, GMA members were primarily at the Jubilee House to disrupt a very important meeting between the President and a powerful business delegation from the U.S led by John Kerry. Out of frustration John Sarbah, who supported the conduct of the doctors, stated on ‘Radio Love For Ghana’, that GMA should not recognize the legitimacy of the government and should lay down their tools until the President of the Republic steps down from office.
Following this comment, John Sarbah was arrested at kojo krom in the western region by the national security apparatus on the charges that his statement on ‘Radio Love For Ghana’ amounts to treason as it enjoys the good citizens of this country to attack the foundation of the state. Even though he was informed immediately about the reason for his arrest, he was not served with notice of the charge, though he was represented by counsel. Meanwhile, before the hearing of the case, the judge (Justice Alahaji Prempeh) has said to his friends that Jolin Sarbah will be acquitted as he has sympathies for the doctors since the brother-in-law is one of them. On the first day of hearing,Justice Alahaji Prempeh has declined an invitation by the state attorney prosecuting the case to adjourn proceedings to enable him bring in a key witness.Justice Alahaji Prempeh was of the view that this matter is simple and there is no need to waste time with it.On that account, Justice Alahaji Prempeh proceeded to acquit John Sarbah when the state attorney failed to produce the key witness on that day. The state has appealed against the judgement of the trail court. But before the appeal is heard, Justice Alahaji Prempeh has been appointed Chief Justice of the Republic and has assumed the administrative responsibility of empaneling the appellate court to hear the matter. As a junior attorney in a law firm, provide a written legal advice to your seniors who are tasked to conduct the appeal on behalf of Jon Sarbah.
Q2.
Kofi Dzata met Akosua Djedu. Kofi promised marriage to Akosua. The formalities were duly performed by the two families- the giving and receiving of gifts of money, drink, rings and a Bible. Akosua leaves her employment in order to live together with Kofi. Kofi proposes several dates for marriage in the Come and Go Church. All the while Kofi visits the night clubs and consorts with the female butterflies. Kofi has a child with one of these ladies. Akosua now finds out what has been happening and secures the help of a retired CID detective. As a result of the report of the detective. Akosua leaves Kofi and sues for damages.
What advice would you give to Akosua in respect of?
(a) Cause of action
(b) The court before which she will have to appear
(c) Quantum of damages
(d) The division of properties acquired during the customary marriage?
Q3.
(a) “W”, a choirmaster, had sexual intercourse with a pupil aged 16years, he told her that her voice would become well trained if she permitted him to have sexual intercourse with her. Has she really given consent? Would you say that an offense has been committed? Would your answer be the same if the pupil was aged 14years? Give reasons for your answer.
(b) Kofi, Mensah and Fori, meet at a spot to plan how to steal Mr. Boye’s cows. On reaching their destination at 12 midnight, Kofi broke into the cow pen. Mensah and Fori took out 4 cows. As they were leaving the premises, Mr. Boye tried to stop them. Mensah shot Mr. Boye. Thinking he was dead, they all fled. They met Mr. Ray whose truck was parked about 200meters away from Mr. Boye’s house. Mr. Ray assisted them to take the cows away at that time of the night. The next day they sold the cows to Mr. Boscoe at 1,000.00 Ghana cedis each. The police have now arrested all of them. What are they likely to be charged with? Give reasons for your answer.
