THE INDEPENDENT EXAMINATIONS COMMITTEE
GENERAL LEGAL COUNCIL
ENTRANCE EXAMINATION FOR ADMISSION TO
TH E PROFESSIONAL LAW COURSE, 2021
DATE: TUESDAY, 24™ AUGUST 2021
TIM E ALLOW ED: TWO (2) HOURS 10:00am – 12:00am
INSTRUCTIONS TO CANDIDATES:
1. Read the instructions very carefully before writing down your answers.
Note carefully the instructions relating to each section.
2. ANSWER ALL QUESTIONS
3. Do NOT write or sign your name anywhere on the Shading Sheet or Answer Booklets.
4. Indicate your Index Number Only on the Answer Booklets and shade your Index Number on the Shading Sheet supplied.
5. Shade your answers using the pencil provided for Section A.
6. Credit will be given for legible handwriting, clarity of expression and orderly presentation of answers.
OBJECTIVES
- It has been suggested that ‘the Judiciary has the function of acting as the officially.
constituted representative of the collective conscience of society, and it is desirable that, if only in exceptional cases, they should have the power to declare certain actions criminal.
Choose from the following statements the demand which, in your view, the above
suggestion runs counter to:
a) Crimes ought to be dealt with expeditiously in order to preserve order in society.
b) Judges are appointed officials and are in practice not accountable to the
electorate. Their function is to adjudicate and not to make laws.
c) As a result of long procedures, the must pass through in parliament before they
become law, statutes are out-paced by emerging crimes.
d) The reality ought to be faced that all along, as they interpret and apply statutes,
judges are making law. This trend ought to be acknowledged in this era of
proliferation of crimes -
The parole evidence rule is not absolute and is subjected to a number of exceptions and qualifications. Which one of the following is not a void exception or qualification?
a) The courts will always allow extrinsic evidence to be adduced if the contract is contained in a deal.
b) Where the court is of the opinion that the written agreement was not intended to represented the full extent of the agreement between the parties.
c) Where the contract contains implied tenns.
d) Where there is evidence casting doubt on the validity of the contract
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The power of the Supreme Court of Ghana to review legislation passed by Parliament or any other authority derives from:
a) The decision in Marbury v Madison.
b) Article 2(1) of the 1992 Constitution.
c) Article 125(1) of the 1992 Constitution
d) Article 11 of the 1992 Constitution.
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Where one party to a contract is guilty of fraudulent misrepresentation, the innocent party cannot:
a) Rescind the contract
b) Repudiate the contract
c) Sue for damages
d) Sue of rectification
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Choose which of the following statements is not in accord with the provisions of the Criminal Offences Act, 1960, on what constitutes intent to cause or contribute to cause an event:
a) a person who does an act for the purpose of causing of contributing to cause an event, intends to cause that event, even though in fact, or in his belief or both in fact and also in that belief, the act is unlikely to cause or contribute to cause the event. ^
b) A person does not intend to cause or contribute to causing an event where, notwithstanding what he may believe, his act is unlikely to cause or contribute to causing the event.
c) A person who does an act voluntarily, believing it will probably cause or contribute to cause an event, intends to cause that event, although that person does not do the act for the purpose of causing or contributing to cause the event.
d) There is a rebuttable presumption that a person intended to cause an event where he does an act of a kind or in a manner that, if reasonable caution and observation had been used, it would appear to that person that the act would probably cause or contribute to cause the event or that there would be great risk of the act causing or contributing to cause the event.
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Kiki offered to sell her slightly used mobile phone to Benny for GHC 800 and says that the offer will be open for a week. Before the week elapses, Kiki sells the mobile phone to her cousin, Nana. Will Benny have a cause of action against Kiki?
a) No, because Benny did not give Kiki any consideration in exchange of the promise to keep the offer open for a week.
b) No, because it was a unilateral contract. *
c) Yes, because consideration is not a pre-requisite for the enforceability of a promise to keep an offer open for acceptance for a specified time.
d) Yes, because there was a valid contract between the parties
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Select from the following the statement that misstates a true position about restrictive covenants:
a) Restrictive covenants are obligations imposed on one land for the benefit of another.
b) For a covenant to be enforced as a restrictive covenant, it must be negative in nature.
c) Where a covenant requires expenditure of money for its performance, it cannot be negative.
d) The obligations imposed by restrictive covenants operate by virtue of privity of contract.
-
In exercising his prerogative of mercy, the President acts:
a) On the advice of the Cabinet
b) In Consultation with parliament
c) In Consultation with the Prisons Service Council
d) In consultation with the Council State
e) None of the above.
Tick from the above what you consider to be the correct answer
- Which of the following is not a power vested in the Commission on Human Rights and Administrative Justice (CHRAJ) under the 1992 Constitution of Ghana?a) To issue subpoenas requiring the attendance of any person before the commission and the production of any document or record relevant to any investigation by the Commission.b) To prosecute any person who disregards a subpoena issued by the commission.c) To question any person in respect of any subject matter under investigation before the Commission.
d) To require any person to disclose truthfully and frankly any information within his knowledge relevant to any investigation by the commission.
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Which of the following states the legal position correctly?
a) Compulsory acquisition of property by the States is made by the States publishing its intention to acquire the designated property in the Gazette, and requiring persons who claim to have any interest in or right over the property to establish their interest or right before a tribunal set up for the purpose in order to be paid due compensation.
b) Compulsory acquisition of property by the State shall only be made under a law which makes provision for the prompt payment of fair and adequate compensation, and a right of access to the High Court by any person who has an interest in or right over the property for the determination of his interest or right and the amount of compensation to which he is entitled
c) No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the States unless the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning, or the development of utilization of property in such a manner as to promote the public benefit, save and except that for security reasons, it shall not always be necessary to state the purpose to be served by the acquisition.
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Which of the following is not an aspect of the definition of the tort of private nuisance?
a) An indirect interference
b) An unreasonable interference
c) Interference with peaceful enjoyment.
d) Legal ownership of the affected residence.
-
Where a Bill has been reconsidered by parliament pursuant to a request by the President under Article 106(8)(a) and passed by a two-thirds majority in Parliament, the President has the following options:
a) Assent to the Bill only
b) Refuse to assent to the Bill and refer it back to the Speaker.
c) Refer it to the Council of State for consideration and comment under article 90.
d) All of the above.
-
Where a Bill has been reconsidered by parliament pursuant to a request by the President under Article 106(8)(a) and passed by a two-thirds majority in Parliament, the President has the following options:
a) Assent to the Bill only
b) Refuse to assent to the Bill and refer it back to the Speaker.
c) Refer it to the Council of State for consideration and comment under article 90.
d) All of the above.
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For ‘’discharged by performance’1 under a contract to apply, a party must
a) Have agreed to perform his obligations. .
b) Have performed his obligations exactly and precisely.
c) Wait for the other party to perform his obligations.
d) Go to court for an order of frustration.
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Which of the following does not hold true about family land in Ghana? Identify it and tick it.
a) If a member of a family is granted a portion of the general family land, the house which he builds on the land by his independent effort and his own individual means becomes his self-acquired property.
b) A building which an individual member of a family is permitted to erect on family land in use by the family is property in which the individual member who builds has a life- interest only.
c) Where family property under pledge or mortgage is redeemed by a member of the family from his own resources, the redeemed property becomes the self-acquired property of the individual member.
d) Any property acquired by a person in his capacity as head of family is family property.
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The incidents of share tenancy include the following, except:
a) Right to alienate
b) Reversionary interest
c) Quiet enjoyment
d) Heritability
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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
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Which of the following is not an element in establishing a case in libel?
a) publication to a third party
b) publication to a section of the public who thought less of the claimant.
c) A defamatory statement
d) Reference to the claimant
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In which of the following circumstances would the courts decline to impute a duty of care in the provision of information:
a) Where the plaintiff relied on the defendant’s skill and judgement or his/her ability to make careful enquiry •
b) Where the defendant knew or ought reasonably to have kn9wn, that the claimant was relying on him.
c) Where it was reasonable in the circumstances for the claimant to rely on the defendant.
d) Where the defendant knew, or ought reasonably to have known, that the potential losses for the claimant would be severe
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In the offence of robbery, the prosecution must prove the following elements except:
a) The accused used force in the process of stealing.
b) The accused threatened the victim with harm or force.
c) The aeeused did so with the intent of preventing of the resistance of the person to the stealing of the thing.
d) The victim felt afraid at the time the accused started stealing.
SECTION B
ANSWER BOTH QUESTIONS.
PLEASE USE A SEPARATE ANSWER BOOKLET FOR EACH ANSWER
- After the ban on social gatherings was lifted by the President, Pious attended a thanksgiving service at Nokofioo Ministries. Still paranoid about the COVID-19 pandemic, Pious had his nose mask on. Prophet K however, had insisted that he had spiritually immunized all members of the congregation against COVID-19. According to him, this was as a result of his 40-day fast, prior to the President easing the restrictions. When Prophet K spotted Pious, he instructed the ushers to bring Pious to the front of the church. Pious informed the ushers that he did not want them to touch him. Contrary to his orders, the ushers angrily carried him to the front as instructed. Prophet K told the congregation that Pious needed to be exorcised of evil spirits and instructed his ushers to take Pious to the anointing room and lock him up. Pious resisted but he was overpowered by the ushers. After spending some time in the anointing room, Pious realized that there was a window through which he could gain access to the room next door. Pious went through the window and into the next room and exited from the door which was unlocked. After the church service, Prophet K, realizing that Pious had escaped, proclaimed to his junior pastors, I will show him why people call me the spiritual father of the nation”. He lodged a complaint against Pious at the police station, claiming that while in the anointing room, Pious had stolen monies belonging to the church. The police, without investigating further, and based on the directions of Prophet K, arrested Pious, and commenced prosecution. He was charged with three counts of stealing. After the prosecution had closed its case, Pious’s lawyer filed a submission of no case, which was granted by the court. Pious is unhappy with the scheme of events and has attended your chambers to seek legal advice on whether he has any cause of action against Prophet K, his loyal ushers and the police.Advice Pious. (30 marks)
- With reference to the relevant constitutional provisions and the aid of case law, critically examine the Supreme Court’s divergence on whether the High Court has the power to enforce the Constitution.(30 marks)
