Part 1
Journalist are required to provide accurate renditions of court room proceedings, but the accurate of reportage may be compromised for number of reasons, which is the effect on interpretation of the limited contextual information available to the reporter.
Such use of inexplicit language is a consequence of differences between the lexico-gramatical systems of the witnesses (local language) and that of the court (English), as well as the reporter’s lack of familiarity with the court room discourse. The non harmonization of the two by the reporter may result in inaccurate rendition of the evidence and these have legal implications for court proceedings.
Definitions
A rule made by the government is called a law. All the rules together are called Law or simple Law. Anything the law allow is called lawful or legal and anything the law forbids is unlawful, an illegality or illegalities.
The council of the people who make the law is known as legislature and they are said to legislate, all laws they make are called legislation or statutes. The laws which deals punishes people by fines or imprisonment is called criminal law. That is a matter for the police and other law enforcement authorities.
The law which deals with disputes or palavers such as land, money or goods etc are called Civil law. The process server or bailiff is only involved in the civil process, being responsible for the services of documents at the conclusion of the proceedings.
Different kinds of law
There are different kinds of law, the old law of England, which was the custom of the people of England long before they made written laws, called Common law.
Equity refers to rules based on principles of fairness and justice. Ghana has it on customary law likes the English common law which have been developed over the years and are based on the customs practiced by the people o Ghana.
Ghanaians common law is made of rules of law generally known as the common law, the rules known as the doctrines of equity and the rules of customary law including those determined by the supreme courts of Judicature.
The law deals with rights and duties. Anything which one has a just claim to is a Right. Anything which one is bound to do is called a duty or an obligation. Any lost or injury caused by one person to other is called a Wrong
Civil Case
A civil case is a suit or litigation or action. A matter about which one may bring a civil case is said to be actionable.
Causes of action: A person cannot bring a civil action for nothing. He/she must have some reason for summoning the other person, for instance that the other borrower money and has not paid it back or bought goods and has not paid for them. The reason is called a cause of action or ground of action, or right to sue.
Parties: in a civil case the person who brings the case called a Plaintiff. The other person is called Defendant. The plaintiff is said to sue and the defendant is said to be sued. A person who has got a judgment against another one is called the debtor.
Summons: A civil case begins by a summon, never by a warrant.
Pleading: A written statement which sets out the parties’ case and are exchanged alternatively by the parties to one another.
Writ: Is a document issued by a court at the instance of a plaintiff for purpose of giving the defendantnotice of the claim made against him and of compelling him to acknowldge servce or answer it or the enforce obedience to order. it is the first step in actionundeer the new rules no writ shall be filled without a statement of claim attached.
Process: This consist of writ of summons and any documents such as motions and petitioners taking in the court justice for purpose of giving the court’s powers to exercise its juridiction.
Appearance: The formal step taken by the defadant in an action after he has been served with the writ.
Oaths: The words a person speaks when he swears in a court by God or Allah that he woild speaks the truth.
Affirm: To make a solemn declaration to tell the truth in court, an alternative to swearing an oath.Order: This is an order of the court, ordering one party to do something or refrain from doi ng something.
Affidavits : A written statement sworn before a person having authority to admnister and oath by a person called the deponent. it contains several short paragraphs each numbered.
