Nature and Structure of the Court System Flashcards
What hierarchal structure have courts in the Caribbean adopted?
Courts in England
What is the final Court of Appeal for Commonwealth territories?
the Judicial Committee of the Privy Council
What Commonwealth country does not have the Judicial Committee of the Privy Council as it’s final Court of Appeal?
the Republic of Guyana
What court may replace the Judicial Committee of the Privy Council ?
The Caribbean Court of Justice (CCJ)
What is the highest locally based court n the Commonwealth Caribbean?
the Supreme Court of the High Court
What does the Supreme Court of the High Court consist of?
- Court of Appeal
- A High Court
- A Full Court of the High Court
What territories have their own Supreme Court?
- Barbados
- Jamaica
- Guyana
- Trinidad and Tobago
True/False Territories in the Organization of Eastern Caribbean States (OECS) even though they have their own High Courts there is only one Court of Appeal that serves them all.
True
What is the name of the Court of Appeal which serves all the territories in teh OECS
The Eastern Caribbean Supreme Court
List the courts in order of most “powerful” to least
- The Judicial Committee of the Privy Council
- Court of Appeal
- The High Court of the Supreme Court
- The Full Court of the High Court
- Family Court
- Juvenile Court
- Magistrates’ Court
- Industrial Court
Briefly explain the jurisdiction of the Judicial Committee of the Privy Council.
The Court of last resort for some Commonwealth Caribbean territories, except Guyana, Barbados and Belize.
Briefly explain the jurisdiction of the Court of Appeal
With the Caribbean Court of Justice, this is the highest ranking locally-based court. They can send a case back to the High Court, for rehearing.
Briefly explain the jurisdiction of The High Court of the Supreme Court
Hands down decision based on the common law
Briefly explain the jurisdiction of the Full Court of the High Court
The Court of appeal for decisions from the magistrates’ court
Briefly explain the jurisdiction of the family court
A court vested with the power and authority to hear and determine all matters pertaining to the family with the exception of divorce.
Briefly explain the jurisdiction of the Juvenile Court
A court vested in the power and authority to hear and determine all matters pertaining to juveniles
Briefly explain the jurisdiction of the Magistrates’ court
Court established to deal with petty crimes. Decisions are not reported and cannot produce binding or persuasive precedents.
Briefly explain the jurisdiction of the industrial Court.
Court established to deal with industrial relations matters, only in Trinidad
Explain the relative “power” of the Judicial Committee of the Privy Council
Though the Judicial Committee of the Privy Council has the power to hear matters of a criminal and civil nature, in civil matters, the privy council will limit its power to hearing matters concerning property above a certain value, and in criminal matters the Privy Council has to be satisfied that there is some serious miscarriage of justice. There is however an unfettered right to appeal to the Privy Council in any case that raises a constitutional or fundamental right issue.
Explain the relative “power” of the Court of Appeal
The decisions of the Court of Appeal can be overturned by the Judicial Committee of the Privy Council. The Court of Appeal can hand down separate and independent judgments in civil and criminal matters without having to endure that one judgment has any nearing on the others.
The court appeal has the authority to send back a case to the High Court for rehearing. In addition the Court of Appeal can impose a harsher or lighter sentence. It can dismiss appeals to the Full Court of the High Court and can also quash a decision of the High Court of the Supreme Court acting in its jurisdiction as a court of first instance.
Explain the relative “power” of the High Court of the Supreme Court
The High Court of the Supreme Court is vested with power to handle matters of common law, including the following:
- The hearing of allegations of breach of a fundamental right
- The hearing of allegations of an Act of Parliament being inconsistent with the Constitution other than the fundamental rights provision
- Supervise any statutory functionary or public body to ensure they keep within the ambit of the powers vested in them
- To make determination under certain statutes, for example, under the companies Act, to wind up a company, or under the Partnership Act to dissolve a partnership.
Explain the relative “power” of the Full Court of the High Court
The Full Court of the High Court is also a court of inherent jurisdiction. This means that it is empowered at common law to make decisions based on case law as well as statute. The Full Court of the High Court is also the court of appeal for decisions from the magistrates’ court. Note that in Guyana, since there is no recourse to appeals to the Privy Council, certain issues that arise at Appeal Court are sent to be heard by the Full Court.
Explain the relative “power” of the Family Court
Not all Caribbean territories possess in their hierarchy a family court. This type of court is found in Jamaica where it was established by the passing of the Judicature (Family Court) ACt 1995.
Explain the relative “power” of the Juvenile Court
Aimed to reform existing laws to bring about improvement in the welfare of juveniles within the court system.
Explain the relative “power” of the Magistrates’ court
The magistrates’ court handles matters of a summary, hybrid and indictable nature. The criminal jurisdiction of the magistrates’ court deals with assault, theft, embezzlement of money and damages to property and crops. On the other hand, the civil jurisdiction deals with family matters, for eg orders of separation, orders of maintenance of spouse of child or children under Domestic Violence Act no.18 of 1996 (Guyana), rectification of errors on birth certificate and breaches of contract.
Read insustrial court on your own time
Its only in trinidad
Where was the agreement to establish the CCJ made?
At the 6th Heads of Government Conference of the Caribbean Commonwealth leaders held in Jamaica in 1970
True/False the CCJ is the final court of appeal for all Commonwealth Carib Countries
False
What two jurisdictions will the CCJ possess?
- An appelate jurisdiction
- An original jurisdiction
What will the appellate jurisdiction of the CCJ do?
When established, will hear appeals both civil and criminal, from the domestic courts of all Commonwealth Carib territories.
For eg imagine that A and B are Jamaicans who were parties to a contract which they had entered into with one another. B breaks the contract so A takes B to Civil Court of the High Court and B wins. A not being satisfied with the decision of the High Court appeals to the Jamaican Court of Appeal which grants a decision in favor of B. Moral of the story is they’re still pissed and go to the CCJ for final appeal.
Note: While in civil cases either party can appeal the decision of the court the same is not true for criminal cases. In England the rights of appeal in criminal cases is open to defendants as well as the prosecution. However, this is not so for the Commonwealth Carib . Here, the prosecution has no right to appeal. The Defendant could, on the other hand appeal all the way to the CCJ if he so desires
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The original jurisdictions of the CCJ will hear:
- Matters arising out of issues between Commonwealth Carib states
- Matters establishing the rights of private individuals under certain international treaties
- Matters arising out of trade disputes
Name some perceived disadvantages of establishing the CCJ: (3)
- The Privy Council is properly and satisfactorily functioning as the final court of appeal for the Commonwealth Carib.
- There may not be available in the Commonwealth Carib enough judges on the level of erudition and skill to enable them to function effectively at the level of the CCJ
- The decisions therefore of those judges appointed to the CCJ may be of a poor quality.
- Adequate and sustainable funding for the running and maintenance of the CCJ may not be forthcoming from member states
- The judges of the CCJ may be vulnerable to political manipulation from member states
Name some perceived advantages of establishing the CCJ: (3)
-The establishment of the CCJ will foster a greater sense of security and
stability in the region: acting in its original jurisdiction, the CCJ will be
the only court responsible for the interpretation and application of the
Treaty of Chaguaramas This will eliminate the possibility of conflicting
decisions coming from other international courts. The CCJ acting
in its original jurisdiction will also be responsible for hearing and
deciding on issues arising between States after the establishment of the
Caribbean Single Market Economy (CSME) (which will facilitate the
free movement of goods services and skills within the Commonwealth
Caribbean under a single currency). This will help member States and
foreign investors alike to feel secure in the knowledge that there is one
highly respected court for ensuring fairness, proper observation of rules
by member States and predictable decisions.
-There are enough members of the legal profession possessing the
requisite degree of skill and integrity to occupy positions within the CCJ
-Though a decision handed down by the CCJ acting in its original
jurisdiction may not be enforceable, it is believed that sanctions and
pressures brought to bear on a disobedient State (party) to a decision
of the CCJ will be enough to ensure compliance.
