Ghana School of Law PLC: Law of Evidence (GLC)

Under Section 1 of the Evidence Act, 1975 (NRCD 323), which judicial entity holds the authority to decide all questions of law, including the admissibility of evidence?

• AThe presiding judge (the court)
• BThe jury or tribunal of fact
• CThe registrar of the court
• DThe Attorney-General

What is the relationship between relevance and admissibility as established under Section 51 of NRCD 323?

• ANo evidence is admissible unless it is relevant, and all relevant evidence is admissible…
• BAll evidence presented by a party is admissible, and the court only determines relevance…
• CRelevant evidence is admissible at the discretion of the registry, while irrelevant evide…
• DAdmissibility is determined first by the jury, and relevance is decided by the judge

Under the interpretation section (Section 179) of NRCD 323, how is "relevant evidence" defined?

• AEvidence that has any tendency to make the existence of any fact of consequence more or l…
• BEvidence that directly links the accused to the crime scene through eyewitness accounts
• CEvidence that has been authenticated by an independent witness and certified by a notary…
• DEvidence that is original and does not violate the hearsay rule

Under Section 52 of NRCD 323, under what circumstances may a court exclude relevant evidence?

• AIf its probative value is substantially outweighed by the risk of unfair prejudice, confu…
• BIf the evidence is circumstantial and is not supported by direct physical evidence
• CIf the accused objects to the evidence on the grounds that it is highly damaging to their…
• DOnly if the evidence has been obtained by the police after the arrest of the accused

Under Section 55 of NRCD 323, is evidence of the routine practice of a person or an organisation admissible to prove how they acted on a particular occasion?

• AYes, evidence of routine practice is admissible to prove conduct on a specific occasion i…
• BNo, routine practice is treated as inadmissible character evidence in all cases
• COnly if there is also at least one eyewitness to the specific occasion
• DOnly in criminal actions, and never in civil actions

Under Section 3 of NRCD 323, who is responsible for determining the existence of a preliminary fact necessary to decide on the admissibility of evidence?

• AThe court (judge)
• BThe jury or tribunal of fact
• CThe party offering the evidence
• DThe court clerk

Under Section 2 of NRCD 323, what is the role of the jury in a trial where a jury has been impaneled?

• AThe jury is the tribunal of fact and decides all questions of fact
• BThe jury decides questions of law and admissibility, while the judge decides questions of…
• CThe jury determines the sentence of the accused after a finding of guilt by the judge
• DThe jury has no role under NRCD 323 as all issues are decided by the judge

How does Article 18(2) of the 1992 Constitution of Ghana (Right to Privacy) interact with the rules of admissibility of evidence under NRCD 323?

• AEvidence obtained in violation of the constitutional right to privacy is generally inadmi…
• BThe Constitution has no effect on admissibility because NRCD 323 was enacted before the 1…
• CAll evidence obtained in violation of privacy is automatically admissible in criminal tri…
• DOnly physical evidence obtained in violation of privacy is excluded, while oral confessio…

In applying the balancing test under Section 52 of NRCD 323, what is the key consideration for the court?

• AWhether the risk of unfair prejudice, confusion, or waste of time *substantially outweigh…
• BWhether the evidence is the absolute truth regarding the matter in dispute
• CWhether the evidence was produced by an expert witness rather than a lay witness
• DWhether the party offering the evidence has complied with the Best Evidence Rule

In determining a preliminary fact concerning admissibility under Section 3 of NRCD 323, what is the standard of proof applied by the judge?

• APreponderance of the probabilities
• BBeyond a reasonable doubt
• CClear and convincing evidence
• DPrima facie evidence

Under Section 51 of NRCD 323, what is the legal status of evidence that is determined to be irrelevant?

• AIt is inadmissible and cannot be received by the court
• BIt is admissible, but the court must accord it very little weight in the final judgment
• CIt is admissible only if the opposing party does not object to it
• DIt is admissible at the absolute discretion of the judge to ensure completeness of the re…

In a criminal trial in Ghana, if the prosecution seeks to introduce physical evidence obtained via an unlawful search of the accused's home, what constitutional provision forms the primary basis for the defense's objection?

• AArticle 18 of the 1992 Constitution (Right to Privacy)
• BArticle 19 of the 1992 Constitution (Fair Trial)
• CSection 120 of the Evidence Act (Confessions)
• DSection 117 of the Evidence Act (Hearsay)

Under the doctrine of "limited admissibility" in Ghanaian law, if a statement is admitted solely to prove that it was made (and not to prove the truth of its contents), how is it characterized?

• ANon-hearsay (original evidence) of limited admissibility
• BA hearsay statement that falls under a mandatory exception
• CInadmissible character evidence
• DA judicial confession

Where the competency of a child to testify is challenged, when and how must this challenge be resolved by the court?

• ABy the judge before the child is sworn and allowed to testify, as a preliminary question…
• BBy the jury during their final deliberations after observing the child's demeanor through…
• CBy the party calling the child, who must provide a medical certificate of mental capacity
• DAt the conclusion of the child's examination-in-chief, by a motion to strike out the test…

If a trial court in Ghana erroneously admits inadmissible evidence, under what condition will an appellate court reverse the trial court's judgment?

• AOnly if the appellate court is of the opinion that the error has resulted in a substantia…
• BAutomatically, as any admission of inadmissible evidence is a fatal error of law
• COnly if the trial judge admits in writing that the ruling was incorrect
• DOnly if the inadmissible evidence consisted of oral hearsay rather than documentary evide…

Can a party raise an objection to the admissibility of evidence for the first time during an appeal?

• AGenerally no, unless the admission of the evidence resulted in a grave miscarriage of jus…
• BYes, an appellant is entitled to raise any legal or evidentiary objection at the appellat…
• CYes, but only if the trial was conducted in a District Court rather than the High Court
• DNo, evidentiary objections are permanently waived if not raised at the time the evidence…

What is the relationship between the Evidence Act, 1975 (NRCD 323) and other statutes that contain specific rules of evidence in Ghana?

• ANRCD 323 is the general law on evidence, but specific evidentiary provisions in other sta…
• BNRCD 323 overrides all other statutes and is the sole source of evidentiary rules in Ghana
• CSpecific statutes are subordinate to NRCD 323, which can only be overridden by a constitu…
• DNRCD 323 is completely subordinate to the common law, which prevails in case of any statu…

In the context of Section 52 of NRCD 323, what is meant by the "probative value" of evidence?

• AThe logical force of the evidence in proving or disproving a fact in issue in the trial
• BThe financial cost required to obtain and present the evidence in court
• CThe moral character and integrity of the witness presenting the evidence
• DThe popularity of the evidence in public opinion or the media

Under Section 4 of NRCD 323, if a preliminary fact governing admissibility is also a fact in issue (an essential element of the crime charged), how is this handled by the court?

• AThe judge decides the preliminary fact for admissibility purposes, and the jury decides t…
• BThe judge's preliminary finding on the fact is binding on the jury for the final verdict
• CThe judge must refer the entire trial to another court to avoid prejudice
• DThe jury must decide the preliminary admissibility question before the judge can rule

If a judge excludes a line of testimony under Section 52 of NRCD 323, what procedural step must the offering party take to preserve their right to appeal the ruling?

• AMake an "offer of proof" indicating the substance and purpose of the excluded evidence on…
• BFile a motion for interlocutory appeal to the Court of Appeal within 24 hours
• CFile a formal complaint against the judge with the Judicial Council
• DInstruct the witness to shout out the excluded testimony so the jury hears it anyway

Under Section 10(1) of NRCD 323, how is the "burden of persuasion" (often called the legal or ultimate burden) defined?

• AThe obligation of a party to establish a requisite degree of belief in the mind of the tr…
• BThe obligation of a party to introduce sufficient evidence to avoid a ruling against them…
• CThe duty of a lawyer to deliver an effective closing argument to persuade the court
• DThe obligation of the prosecution to prove the identity of the accused at the arrest stage

Under Section 11(1) of NRCD 323, what is the "burden of producing evidence" (often called the evidential burden)?

• AThe obligation of a party to introduce sufficient evidence to avoid a ruling against him…
• BThe obligation of a party to convince the jury beyond a reasonable doubt of the truth of…
• CThe requirement to physically transport original documents to the courtroom
• DThe duty of the defense to prove that the prosecution's evidence is fabricated

Under Section 12 of NRCD 323, what standard of proof is required to discharge the burden of persuasion in civil actions?

• APreponderance of the probabilities (more probable than not)
• BProof beyond a reasonable doubt
• CA high degree of probability
• DPrima facie proof

Under Section 13(1) of NRCD 323, if a party in a civil or criminal case alleges that another party has committed a crime, what standard of proof applies to that allegation?

• AProof beyond a reasonable doubt
• BPreponderance of the probabilities
• CClear and convincing evidence
• DA balance of probabilities

Under Section 13(2) of NRCD 323, where the burden of persuasion is on the accused as to a fact the converse of which is essential to guilt, what must the accused generally do (apart from the insanity exception in Section 15(c))?

• AEstablish the fact by a preponderance of the probabilities
• BProve the fact beyond a reasonable doubt
• COnly raise a reasonable doubt as to guilt
• DProvide prima facie evidence only

Under NRCD 323 (Sections 14 to 17), how is the allocation of the burden of persuasion or the burden of producing evidence classified?

• AIt is a question of law to be decided by the court
• BIt is a question of fact to be decided by the jury
• CIt is a mixed question of law and fact to be determined by the registrar
• DIt is a procedural matter determined by the agreement of the parties

Under Section 18 of NRCD 323, which of the following is correct regarding a "presumption"?

• AA presumption is an assumption of fact that the law requires to be made; it is not eviden…
• BA presumption is a form of indirect evidence that must be weighed alongside witness testi…
• CA presumption is a conclusive finding that can never be challenged by the parties
• DA presumption only applies in civil cases and is forbidden in criminal trials

What is the legal effect of a "conclusive presumption" under Section 24 of NRCD 323?

• AIt prohibits the tribunal of fact from considering any evidence to the contrary once the…
• BIt shifts the burden of persuasion to the opposing party to prove the contrary by a prepo…
• CIt allows the judge to immediately enter a summary judgment without hearing the defense
• DIt is a presumption that only applies to government records and state secrets

Under Section 25 of NRCD 323, what is conclusively presumed to be true as between the parties to a written instrument?

• AThe facts recited in the written instrument, excluding recitals of consideration
• BThe truth of the oral agreements made prior to the execution of the document
• CThe signature of any witness who signed the document
• DThe payment of all monies and consideration recited in the document

Under Section 26 of NRCD 323, which common law doctrine is codified as a conclusive presumption in Ghana?

• AEstoppel by own statement or conduct (estoppel in pais)
• BThe doctrine of legitimate expectation
• CThe Parol Evidence Rule
• DThe doctrine of res judicata

Under Section 32 of NRCD 323, a child born during the marriage of the mother is presumed to be the child of the husband. How can this presumption be rebutted?

• ABy proving that the husband was impotent, had no access to the mother, or through conclus…
• BBy a simple affidavit from the husband denying paternity of the child
• CBy proving that the mother committed adultery during the period of conception
• DBy showing that the child does not bear any physical resemblance to the husband

Under Section 31 of NRCD 323, what is the presumption regarding a marriage that has been celebrated before witnesses?

• AIt is presumed that the marriage was validly contracted and that the parties had capacity
• BIt is presumed that the marriage is customary and polygamous
• CIt is presumed that the marriage is monogamous unless registered under CAP 127
• DIt is presumed that the marriage is invalid until the original registrar testifies in cou…

Under Section 33 of NRCD 323, after what period of continuous absence, during which the person has not been heard from by those who would naturally hear from them, is a person presumed dead?

• ASeven years
• BFive years
• CTen years
• DThree years

Under Section 34 of NRCD 323, if two or more persons die in a common disaster and the order of death is uncertain, what is the statutory presumption?

• AThe older person died first
• BThe younger person died first
• CThey are presumed to have died at the exact same moment
• DThere is no presumption, and the court will divide the estates equally

Under Section 35 of NRCD 323, what is presumed when a person holds the legal title to property?

• AThe owner of the legal title is presumed to be the owner of the full beneficial title
• BThe legal title owner is presumed to hold the property in trust for their family
• CThe legal title owner is presumed to be in physical possession of the property
• DThe legal title is presumed to be subject to a customary pledge

Under Section 48 of NRCD 323, what is the presumption regarding a person who is in physical possession of a thing?

• AThe person in possession of a thing is presumed to be the owner of it
• BThe person is presumed to be a bailee holding it for the true owner
• CThe person is presumed to have acquired it unlawfully if they do not have a receipt
• DThe possession is conclusively presumed to be legal

Under Section 40 of NRCD 323, what is presumed about the law of a foreign country when it has not been proved?

• AThe law of a foreign country is presumed to be the same as the law of Ghana
• BThe law of a foreign country is presumed to be unknowable, so the action is stayed
• CThe foreign law is conclusively presumed to favour the plaintiff
• DThe court must take judicial notice of the foreign law without any presumption

Under Section 37 of NRCD 323, what is the presumption regarding official duties in Ghana?

• AIt is presumed that official duty has been regularly performed
• BIt is presumed that official acts are void unless published in the Gazette
• CIt is presumed that public officers act under political bias
• DIt is presumed that official decisions are final and cannot be judicially reviewed

Under Section 22 of NRCD 323, how does a rebuttable presumption operate against an accused as to a fact essential to guilt in a criminal action?

• AThe basic facts giving rise to the presumption must be established beyond a reasonable do…
• BThe accused must disprove the presumed fact beyond a reasonable doubt
• CThe presumption becomes conclusive once the prosecution leads any evidence of the basic f…
• DThe presumption is automatically inapplicable in all criminal actions

In a criminal trial in Ghana, what is the effect of the presumption of innocence (Article 19(2)(c) of the 1992 Constitution) on the burden of proof under NRCD 323?

• AIt imposes on the prosecution the burden of persuasion to prove the accused's guilt beyon…
• BIt is a conclusive presumption that prevents the judge from convicting unless the accused…
• CIt shifts the burden of persuasion to the accused to prove that they did not commit the c…
• DIt means the accused cannot be remanded in custody prior to trial

Under Section 58 of NRCD 323, what is the general rule regarding the competency of witnesses in Ghana?

• AExcept as otherwise provided by the Act, every person is competent to be a witness and no…
• BOnly adults who have completed secondary education are competent to testify in High Court…
• CSpouses are generally incompetent to testify in any trials involving their partners
• DWitnesses are only competent if they are not interested in the outcome of the litigation

Under Section 59 of NRCD 323, on what grounds is a person disqualified from being a witness?

• AIf they are incapable of expressing themselves so as to be understood, or incapable of un…
• BIf they have a prior criminal conviction for a crime of dishonesty
• CIf they do not possess a valid national identification card or passport
• DIf they are related to the presiding judge or one of the attorneys in the case

Under Section 60 of NRCD 323, what is required before a witness (other than an expert) may testify to a matter?

• ASufficient evidence must be introduced to support a finding that the witness has personal…
• BThe witness must submit a written, signed statement of their testimony prior to taking th…
• CThe witness must be corroborated by at least one other independent witness
• DThe witness must have their testimony pre-approved by the judge in chambers

Under Section 61 of NRCD 323, what is the consequence if a witness refuses to take an oath or make an solemn affirmation?

• AThey cannot testify, and any statements made without oath or affirmation are not consider…
• BThey may testify, but the court must treat their unsworn statements as hearsay
• CThey may testify, but the jury must be instructed that the witness is likely lying
• DThey are automatically jailed for contempt of court for a minimum of six months

Under Section 62 of NRCD 323, what is the fundamental right of a party regarding a witness called by an opposing party?

• AThe right to cross-examine the witness on any relevant matter
• BThe right to demand that the witness be examined only in writing
• CThe right to request the immediate arrest of the witness if they lie
• DThe right to object to the witness testifying if they did not provide a witness statement

Under Section 63 of NRCD 323, what is the special rule regarding the statement of an accused person in a criminal trial?

• AThe accused may make a statement in their own defense without taking an oath/affirmation…
• BThe accused must testify under oath and is always subject to cross-examination by the pro…
• CThe accused's statement is only admissible if they plead guilty to the charges
• DThe accused is prohibited from testifying unless they have at least one character witness

Under Section 65 of NRCD 323, which of the following is correct regarding the presiding judge testifying as a witness in the trial?

• AThe judge presiding at the trial is disqualified from testifying as a witness in that tri…
• BThe judge may testify if both parties consent in writing
• CThe judge may testify only on minor administrative matters, like court dates
• DThe judge must testify if summoned by the prosecution

Under Section 66 of NRCD 323, what is the rule regarding a juror testifying as a witness in a trial in which they are impaneled?

• AA juror impaneled at the trial is disqualified from testifying as a witness in that trial
• BA juror may testify but must immediately step down from the jury panel
• CA juror may testify only during the sentencing phase of the trial
• DA juror is competent to testify and may remain on the panel