Legal Research, Drafting and Document Management
This domain tests whether you can find the governing law, verify it is current, and turn it into accurate drafting. Scenarios usually involve a precedent or authority that has been overtaken by statute or by a higher court.
Research method
Frame the issue, then identify the governing law in hierarchy: the 1992 Constitution, statute and amendments, legislative instruments, then case law. The Supreme Court binds all lower courts, the Court of Appeal binds courts below it, and High Court decisions are persuasive. English and Commonwealth authority is persuasive only and must be checked against the Ghanaian position. Use the Ghana Law Reports, the Supreme Court of Ghana Law Reports, GhaLII and official gazettes, and use the Interpretation Act 2009 (Act 792) to check commencement, repeal and interpretation.
Reading authority
Read the ratio, not the headnote. Confirm the case has not been overruled or distinguished on the point you need, and confirm the section has not been amended. Cite party names, report citation, court and year; for unreported judgments give the case number and provide a copy to the court.
Drafting discipline
Precedent is a starting point, not authority. Check every statutory reference and every case cited in a template. Define terms once and use them consistently. Prefer the active voice and one idea per paragraph. Pleadings must disclose a reasonable cause of action, be material, and avoid scandalous or argumentative matter. Verify facts before signing; signing is a representation that you have.
Document management
Adopt a naming convention, keep one master version, obtain approval before issue, and file the issued version with the matter. Never circulate final_final_v3.
Worked example
A 2011 Court of Appeal decision supports your submission, but a 2018 Supreme Court decision on the same section reaches the opposite result, and the section was amended in 2016. Reasoning: the Supreme Court binds, so the Court of Appeal decision is no longer good law on that point. Cite the Supreme Court case, note the amendment and explain why the older authority does not apply. Your opponent will find it if you do not.
Traps that cost marks
Citing from a blog or a headnote. Missing an amendment or a repealing instrument. Borrowing a Nigerian or English precedent without checking local law. Leaving terms undefined. Signing a pleading without verifying the facts.