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Health Law And Ethics > Module 1 > Flashcards

Module 1 Flashcards

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1
Q

What is Law?

A

The set of rules, principles, regulations, and customs designed to regulate human behavior within a community

Law includes penalties for violations, which can be criminal or civil in nature.

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2
Q

What are the three types of Law?

A
  • Rules forbidding certain behaviors under penalty
  • Rules requiring compensation for injuries (Tort law)
  • Rules specifying actions in human activity

Examples include the Criminal Offences Act and the Companies Act.

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3
Q

Should law be moral?

A

Law is not moral but should be moral as it regulates human behavior and societal values

Morality is based on principles of right and wrong behavior.

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4
Q

What is Common Law?

A

A body of law based on rules developed by royal courts after the Norman Conquest, applicable to the whole of Britain

Common law developed to establish a strong central administration rather than to create new laws.

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5
Q

What are the two components of Natural Justice?

A
  • Audi Alteram Partem: Hear the other party
  • Nemo Judex In Causa Sua: A person cannot be a judge in their own cause
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6
Q

What is Privity of Contract?

A

The principle that no one can sue or be sued on a contract to which they are not a party

This means that a third party cannot enforce a contract between two other parties.

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7
Q

What are the maxims of Equity?

A
  • Equity will not suffer a wrong to be without a remedy
  • He who comes to equity must come with clean hands
  • Equity looks at intent rather than form
  • Delay defeats equity
  • Equity follows the law
  • Where the equities are the same, the first in time prevails
  • Equity favours the diligent and not the indolent
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8
Q

What are Equitable Remedies?

A
  • Specific performance
  • Injunctions (interim, interlocutory, perpetual)
  • Receiver and manager
  • Rectification
  • Rescission
  • Delivery up and cancellation
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9
Q

What was the first court established in Ghana?

A

The first court was established by Captain George Maclean at Cape Coast Castle

This occurred during the introduction of the British legal system in Ghana.

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10
Q

What is the hierarchy of courts in Ghana as per the 1960 Courts Act?

A
  • Supreme Court
  • High Court
  • Circuit Court
  • District and Juvenile Courts
  • Local Courts
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11
Q

What is the doctrine of judicial precedent?

A

The principle that decisions of higher courts are binding on lower courts

This doctrine is also known as stare decisis.

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12
Q

What is Ratio Decidendi?

A

The reason for the court’s decision, which forms the binding part of a judicial precedent

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13
Q

True or False: Minority decisions are always binding.

A

False

Minority decisions are generally not binding but can become persuasive.

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14
Q

What does Criminal Law deal with?

A

Crime, prosecution of suspected criminals, their conviction, sentencing, and reformation

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15
Q

According to the 1992 Constitution, what is required for a criminal conviction?

A

The offence must be defined and the penalty prescribed in a written law

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16
Q

Fill in the blank: The Criminal Offences Act, Act 29, 1960 is sometimes called the _______.

A

criminal code

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17
Q

What is Criminal Law?

A

The branch of law that deals with crime, prosecution of suspected criminals, their conviction, sentencing, and reformation.

18
Q

According to article 19(11) of the 1992 Constitution, what must happen before a person can be convicted of a criminal offence?

A

The offence must be defined and the penalty prescribed in a written law.

19
Q

What is the Criminal Offences Act sometimes referred to as?

A

The criminal code.

20
Q

What constitutes the offence of high treason according to article 3(3) of the constitution?

A

Suspending or overthrowing the constitution by violent or unlawful means.

21
Q

Who investigates crimes in Ghana?

A

Investigative institutions such as the Police Service, the Economic and Organized Crime Office, and the Anti-Money Laundering Unit.

22
Q

What is the status of a person who is being investigated for a crime?

A

The person is a suspect.

23
Q

What happens when a suspect is found guilty by the Court?

A

The suspect is convicted and sentenced to a fine, a term of imprisonment, or both.

24
Q

In a criminal matter, who is on one side of the case?

A

The state.

25
Q

What is a civil matter?

A

A dispute always between two opposing parties.

26
Q

What initiates a civil matter?

A

One person issuing a Writ of Summons against the opposing party.

27
Q

What is a cause of action?

A

Facts upon which one party is entitled to a remedy in Court against the other party.

28
Q

Who is the Plaintiff in a civil case?

A

The person who issues the writ.

29
Q

What does the Defendant do after being served with the Writ?

A

Files a Statement of Defence.

30
Q

What is a Motion in legal terms?

A

An application made to a court during a pending matter.

31
Q

What is the supreme law of Ghana according to Article 1(2) of the 1992 Constitution?

A

This constitution.

32
Q

What happens to laws inconsistent with the constitution?

A

They are void to the extent of the inconsistency.

33
Q

What was the outcome of Adjei-Ampofo v. Attorney General regarding the Chieftaincy Act?

A

The Supreme Court declared that the freedom of movement could not be justifiably restricted by the criminal offence created by the Chieftaincy Act.

34
Q

What did the Supreme Court declare about the celebration of 31st December as a public holiday?

A

It was unconstitutional.

35
Q

What are the components of the Laws of Ghana as per Article 11?

A

The Constitution, enactments made by Parliament, Orders, Rules and Regulations made under the Constitution, existing law, and common law.

36
Q

What does ‘customary law’ mean in the context of Ghana?

A

Rules of law applicable to particular communities in Ghana by custom.

37
Q

What comprises the existing law in Ghana?

A

Written and unwritten laws as they existed before the constitution came into force.

38
Q

What must happen for an Order, Rule, or Regulation to come into force?

A

It must be laid before Parliament, published in the Gazette, and come into force after twenty-one sitting days unless annulled.

39
Q

What is the definition of ‘Orbiter Dicta’?

A

Statements made in a judgment that are not essential to the decision.

40
Q

What does ‘Ratio Decidendi’ refer to?

A

The legal principle or rule that is the basis for a court’s decision.

41
Q

What is meant by ‘Per Curiam’?

A

A decision or opinion by the court as a whole rather than by a single judge.

42
Q

What does ‘Per incuriam’ mean?

A

A mistaken statement by a court or judge.

Health Law And Ethics (1 decks)

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