Answer to Question #174714 in Sociology for Kwame Hayford

Question

Question 4

a) Laws are established rules that describe the ways in which people are required to act in their relationships with others within a society. These laws are derived from five sources. With clear examples discuss any three of them.

b) Several actors are involved in court processes in the Ghanaian legal system. Briefly establish the different roles these actors play in ensuring that court proceedings are viable.

c) Clearly establish the difference between certiorari and prohibition.

Answer 1

4(a)

• Constitutions - constitution refers to fundamental rules that determines how to choose the government and the ways in which they operate and the limits of their power when exercising authority of the citizens. Examples of the constitutional laws include U.S constitution etc.
• Administrative regulations - they refer to the specific rules and regulations implemented by the administrative institutions and agencies that enforce the law. Examples of these regulations are licenses, taxes, state boards etc. These laws govern the duties of the government and the state's administrative authorities in a state.
• Statutes - these are laws enacted by the state legislative authorities and are found in codes. The examples of statutes include rape, murder, terrorism, robbery etc.

(b)

• The prosecutor, as an actor of the court proceedings is responsible for conducting investigations and presenting evidence against the accused in the court of law.
• The defense team is responsible for protecting the rights and freedom of the defense in all proceedings.
• The participating victims play the role of presenting their views and concerns in the court proceeding.
• Witnesses are actors who provide viable testimony and evidence before the court against the accused party. the witnesses may be questioned by the judge when giving their testimony and are always given protection.
• The registry is responsible for offering administrative and technical assistance during the court proceedings.
• The court officer is responsible for calling the hearing to order and is a member of a registrar who translates and interprets evidence to the court. the deputy registrar also managed the court records , the audio-visual technical assistance in court.

(c)

Writ of prohibition is issued to prevent an inferior court or tribunal from exceeding its jurisdiction whereas writ of certiorari is issued to quash the order passed by the tribunal. The writ of prohibition is issued and directed against a decision which is rendered by a court and its continued existence in the court. On the other hand, writ of prohibition is issued if at all there are proceedings pending in a court of law.