Answer to Question #174276 in English for Kwame Hay

Question #174276

Question 2

a) All societies throughout history have had legal systems. The most complete early legal system has been the Code of Hammurabi, which was operative in Babylon (Iraq) around 1750 BC. Kindly examine the various steps in the evolution of legal systems. AP(10 Marks)

b) Among other things, the supreme court in Ghana has the power to determine whether the act of any person, authority or parliament is ultra-varied the constitution. What does this mean? AN(5 Marks)

c) Using clear examples, explain the four types of participation that exist in court processes. EV(10Marks)


Expert's answer

a) The United States legal system developed primarily out of the English common law system (with the exception of the state of Louisiana, which continued to follow the French civilian system after being admitted to statehood). Some concepts from Spanish law, such as the prior appropriation doctrine and community property, still persist in some US states, particularly those that were part of the Mexican Cession in 1848.

b) Ultra vires is a Latin word to mean beyond the powers

 The phrase is mostly used in law so as to describe an act that requires legal authority but is done without it. It is the opposite of the word intra vires, which means an act done under proper authority. hence the court checks whether the act done by a person is done without authority which it should be done with.

c) Forms of participations

  1. Facts- the selection of the jury as the court agrees to hear the case.
  2. Issues-Whether the use of peremptory challenges to remove a potential juror from the jury pool based on race violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution
  3. Rulling - this is passing judgement to the case.
  4. Reasoning --decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race.

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