LAWS OF EVIDENCE - THE CONSTITUTION

Question 1

What is a constitution?

Answer 1

is a set of rules which governs an organization, it determines how an organization relates to outside bodies through defined powers, rights, and duties of the members of that organization.

sir Kenneth Clinton Wheare (1907 -1979)- the whole system of govt of a country, a collection of rules that establish and regulate or govern the government.

Thomas Paine (1737 - 1809)
Is not the act of a government, but a people constituting a government and a government without a constitution is power without right. it is a thing antecedent to a govt and a govt is only the creature of a constitution.

Question 2

what are the constitution classifications?

Answer 2

1. written & unwritten - common, case & statute law.
2. rigid & flexible - whether or not the constitutions can be amended with ease. It stipulates stringent procedures to be followed in any attempt to amend the provision in question.
3. supreme &subordinate - supreme a state in which the legislative powers of the governing body are unlimited. whereas subordinate constitution is one whose powers are limited by some higher authority.
4. federal & unitary - some powers will be reserved exclusively to the federal govt, some will be allocated exclusively to the regional govt & others will be given to each level of govt with overriding power.
5. separated powers and fused powers - model for the governance of democratic states where the state is divided into branches or estates, each with separate and independent powers and areas of responsibilities.
6. republican and monarchical - has as its figurehead (usually) as a democratically elected president, answerable to electorate and to the constitution.

Question 3

Codification of the constitution

Answer 3

a codified constitution is one that is contained in a single document which is the single source of constitutional law in a state.

an uncodified constitution is one that is not contained in a single document, consistent of several different sources which may be written or unwritten.

Question 4

what are the 5 enshrined freedoms?

Answer 4

1. freedom of movement
2. freedom of conscience, religious beliefs and observance.
3. freedom of thought and expression
4. freedom of association and assembly
5. freedom of the press

Question 5

what are the 6 enshrined rights?

Answer 5

1. The right to life, liberty and security of the person and enjoyment of property. These cannot be taken away by the state except for due process of the law.
2. the right to equality before the law and the protection of the law.
3. the right to respect for an individual’s private and family life.
4. the right to equality of treatment from any public authority in the exercise of any functions
5. the right to join political parties and to express political views.
6. the right of a parent or guardian to provide a school of his own choice for the education of his child or ward.

Question 6

what are the functions of the court?

Answer 6

1. to declare the law where parliament has not been sufficiently explicit.
2. to prevent any tendency towards arbitrary government.
3. to determine the exact penalty to be suffered by persons breaking the law.
4. to decide disputes between citizens.
5. to restrain any person who interferes with the rights of others.
6. to provide a means whereby, as far as possible, an offended person can obtain redress for grievance suffered.
7. to hear evidence from witnesses and explain the law in relation to the fact

Question 7

What are the correctional Institutions in Trinidad and Tobago?

Answer 7

1. Golden Grove Prison
2. Remand Yard, Golden Grove
3. Golden Grove Women’s Prison
4. Golden Grove Women’s Prison
5. Golden Grove Maximum Security Prison
6. Maximum Security Prison, Fredrick Street, POS
7. Carrera
8. Youth Training and Rehabilitation Centre (Y.T.R.C)
9. St. Jude’s Home for Girls
10. Eastern Correctional Rehabilitation Centre,
    Santa Rosa

Question 8

what are the functions of the Director of Public Prosecution (DPP)

Answer 8

a) To institute and undertake criminal proceedings against person before any court with respect of any offence against the law Trinidad and Tobago.

b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority.

c) to discontinue at any stage before judgement is delivered in any such criminal proceedings instituted by any other person or authority.

Question 9

what are the pleas available to a defendant?

Answer 9

1. guilty - the defendant is admitting that he committed the offence.
2. not guilty the defendant is denying that he committed the alleged offence.
3. autre fois convict- the defendant is claiming that he has been previously tried and convicted of the offence for which he is being arraigned.
4. autre fois aquit - the defendant is claiming that he has been previously acquitted of the offence for which he is being arraigned.
5. the defendant on being arraigned may STAND MUTE the court may order a plea of not guilty to be entered on his behalf and this plea shall have the same effect and force as if such person had actually pleaded the same.

Question 10

what are the rights of a prisoner?

Answer 10

i. the right to be informed promptly and with sufficient particularity of the reason for his arresrt or detention.

ii. the right to retain and instruct without delay a legal advisor pf his own choice and to hold communication with him.

iii. the right to be brought promptly before an appropriate judicial authority.

iv. the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful

Question 11

what are the types of courts ?

Answer 11

1. magistrate or district criminal and traffic court
2. children’s court
3. Corner’s Court
4. High Court
5. Appeal Court
6. Privy Council
7. Tribunals
8. Family Courts
9. Industrial Court