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Utility of the jamaican court structure essay

  1. Its interest in litigation is concentrated on the civil aspect, with particular strength in complex litigation, intellectual property and competition matters and contract and financial disputes. Additionally, disputes involving new discoveries, technologies, social changes or global developments, often raise novel legal issues which are previously undetermined in Jamaica, and for which no binding precedent exists.
  2. Its interest in litigation is concentrated on the civil aspect, with particular strength in complex litigation, intellectual property and competition matters and contract and financial disputes.
  3. However, in 2005 the Privy Council struck down the change to the final appellate court as unconstitutional because the Privy Council's status is an entrenched provision in the Jamaican Constitution and as such more would be required to remove the Privy Council as the final appellate court. The principal Acts are available on the website of the Ministry of Justice [ [11] ] but they are not up to date.
  4. In the civil division of the Supreme Court the judge sits alone without the jury, except in cases of defamation.
  5. In its original jurisdiction, it interprets and applies the provisions of the Revised Treaty of Chaguaramas 2001.

The Common Law system is one of the three major types of legal systems in the world. Some legal systems involve a combination of two or in a few instances all three of these types.

The Common Law System originated in England and in its earliest form was based on societal customs and norms recognised and enforced by the judgments and decrees of the courts.

  • Although the Court of Appeal is the highest court in Jamaica, its judgements may themselves be appealed to the Queen-in-Council , in which case they are heard by the Judicial Committee of the Privy Council in London;
  • Law Libraries The past decade has seen dramatic changes in the way legal services are delivered; print is no longer supreme and the use of technology makes delivery of information quick and efficient;
  • Sometimes Magistrates exercise jurisdiction in these courts and the presiding magistrate exercises the jurisdiction of two Justices of the Peace;
  • This flexibility enables the courts to address new situations so that no worthy litigant is left without a remedy;
  • The Supreme Court library is responsible for providing service to the Judiciary of the Supreme Court and the Court of Appeal as well as Resident Magistrates, legal officers of Government, attorneys and law students who need permission to use the facilities;
  • The Supreme Court library is responsible for providing service to the Judiciary of the Supreme Court and the Court of Appeal as well as Resident Magistrates, legal officers of Government, attorneys and law students who need permission to use the facilities.

The Common Law system became therefore the law custom, statutes and judicial decisions common to all of England. Jamaica, as does the rest of the Commonwealth Caribbean, has a Common Law legal system inherited from England.

  • The Revised Laws of Jamaica 29 vols;
  • The Court of Appeal The Court of Appeal is the fourth level on the court structure and was established in 1962 by s;
  • The collections of all the libraries consist of primary and secondary material and our English heritage is still evident as most of our material is still purchased from the United Kingdom;
  • It has offices in England;
  • The principal Acts are available on the website of the Ministry of Justice [ [11] ] but they are not up to date;
  • However, the government will need the support of at least one opposition senator for the measures to be approved by the required two-thirds majority.

In the Common Law system court decisions are heavily reliant on prior judicial pronouncements. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies. In Jamaica therefore, a court's decision is binding authority for similar cases decided by the same court or by lower courts within the Court Structure.

The decision is not binding on courts of higher rank but it may be considered as persuasive authority. Decisions from courts outside of Jamaica are not binding, but may also be referred to as persuasive authority if there is no local case which has settled the point in issue Cases that come before the courts deal with myriad everyday situations.

Additionally, disputes involving new discoveries, technologies, social changes or global developments, often raise novel legal issues which are previously undetermined in Jamaica, and for which no binding precedent exists. Our Common Law system allows our judges to look to other jurisdictions or to draw upon past or present judicial experience for analogies, to help in making decisions in those situations.

Judiciary of Jamaica

This flexibility enables the courts to address new situations so that no worthy litigant is left without a remedy. At the same time the doctrine of stare decisis provides certainty, uniformity, and predictability which promotes a stable legal environment.

In the Common Law system, disputes are settled through an adversarial exchange of evidence and argument. Opposing parties present their cases before a neutral fact finder. Depending on the type of case, the fact finder may be either a jury or a judge.

Where a Judge sits with a jury, the jury are the fact finders. Where the Judge sits alone, the judge has the dual responsibility of determining the appropriate law to apply, as well as the facts proved.

  1. The firm provides service to a wide range of government agencies, corporations and foreign diplomatic missions in Jamaica. Where the Judge sits with a jury, the Judge directs the jury on the relevant law to be applied to the facts the jury finds proved.
  2. Appeals from this court are to the Circuit Court of the parish in which the Petty Sessions Court sits or by way of case stated to the Court of Appeal The next tier of court is the Parish Court.
  3. The Revised Laws of Jamaica 29 vols. Members of the public have limited access with permission.

Where the Judge sits with a jury, the Judge directs the jury on the relevant law to be applied to the facts the jury finds proved. The jury or the judge, as the case may be, evaluates the evidence, applies the appropriate law to the facts, and thereby arrives at a decision.

  • Formerly, students wishing to pursue the undergraduate qualification leading to the LLB completed the first year on campuses in Trinidad, Barbados and Jamaica and then proceeded to Barbados for the final two years of study;
  • In response to increasing case load, Parliament in 2008 increased the number of spaces on the Supreme Court from 26 to 40 [7] with the new spaces filled over time by appointment of new judges;
  • Where a Judge sits with a jury, the jury are the fact finders;
  • The Common Law System originated in England and in its earliest form was based on societal customs and norms recognised and enforced by the judgments and decrees of the courts.

Following the decision, the party against whom the decision is made, with the exception of the prosecution in a criminal case on a verdict of acquittalmay appeal the decision to a higher court. Under our Common Law system, all citizens of whatever rank or status are subject to the same set of laws, and the exercise of governmental power is limited by those laws.

The Supreme Court is empowered to review legislation, but only to determine whether it conforms to constitutional requirements.