The Judiciary Flashcards
What is the Jamaican Legal system?
The common law system
What are the three legal systems in the world?
The common Law, Civil Law (based on Codes) and Religious Law (based on Religious Texts).
Describe the common law legal system
In a Common Law system, court decisions heavily rely on prior judicial rulings or precedents. When a statute governs a dispute, judicial interpretation of the statute dictates how the law applies. The key points are:
- Precedent-Based Decisions: Courts must follow decisions and rulings from previously decided cases (precedents) when the facts and issues are substantially the same.
- Binding Authority: In Jamaica, a court’s decision binds similar cases heard by the same court or lower courts within the court structure.
- Non-Binding on Higher Courts: Decisions from lower courts are not binding on higher-ranking courts, but they may be treated as persuasive authority.
- International Decisions: Decisions from courts outside of Jamaica are not binding, but they may be considered persuasive authority when there is no local case that has settled the issue.
Common Law System
In disputes, opposing parties present their cases before a neutral fact-finder to resolve conflicts. This process can involve either a judge, a jury, or both. Here are the main points:
- Neutral Fact Finder: Disputes are resolved by a neutral fact-finder, who may be a judge, a jury, or both.
- Jury as Fact-Finders: When a judge sits with a jury, the jury determines the facts of the case.
- Judge Alone: When a judge sits alone, the judge is responsible for determining both the facts and the applicable law.
- Judge and Jury: When a judge sits with a jury, the judge provides guidance on the relevant law for the jury to apply to the facts they find proved.
- Evaluation and Decision: The fact-finder (judge or jury) evaluates the evidence, applies the appropriate law to the facts, and arrives at a decision.
- Appeal Rights: The party against whom the decision is made, except for the prosecution in a criminal case where there is a verdict of acquittal, may appeal the decision to a higher court.
Courts in Jamaica
- Judicial Committee of the Privy Council
- **Court of Appeal
- Caribbean Court of Justice (CCJ):
- Supreme Court of Jamaica:
- **Resident Magistrates’ Courts
- Special Courts:
- Petty Sessions Courts:
Judicial Committee of the Privy Council*
This is the final court of appeal and is based in London, England. It hears appeals on criminal and civil matters from the Jamaican Court of Appeal.
Court of Appeal
The Court of Appeal consists of the President of the Court of Appeal, the Chief Justice (who sits at the invitation of the President), and six judges of the Court of Appeal. Individuals dissatisfied with decisions from other courts, except Petty Sessions, can appeal to this court. Petty Sessions appeals are heard by a judge in chambers.
Caribbean Court of Justice (CCJ)
The CCJ serves as the final appellate court for CARICOM member states and handles international matters related to foreign policy coordination of the Revised Treaty of Chaguaramas (2001).
Supreme Court of Jamaica
The Supreme Court handles serious civil and criminal matters.
Resident Magistrates’ Courts
At the parish level, these courts deal with less serious civil and criminal offenses. The Resident Magistrate also serves as the Coroner and conducts preliminary inquiries into criminal matters.
Special Courts
Jamaica has four special courts, namely the Traffic Court, Gun Court, Family Court, and Revenue Court, which handle specific types of cases.
Petty Sessions Courts
These courts deal with minor offenses and are presided over by Justices of the Peace.
Court Structure
The Jamaican judicial system is organized into a hierarchical structure with five basic tiers. Each tier has specific courts that handle different levels of legal matters. Here’s a summary of the system:
Tier 1 - Petty Sessions:
- The lowest tier consists of the Petty Sessions Court.
- This court is presided over by Justices of the Peace, requiring a minimum of two justices to be properly constituted.
- Sometimes magistrates exercise jurisdiction in these courts.
- Appeals from this court go to the Circuit Court of the parish or the Court of Appeal through case stated.
Tier 2 - Parish Court:
- The Parish Court is an inferior court of record governed entirely by statute.
- Parish Court Judges can try cases summarily and on indictment.
- They preside over various specialized courts, including Coroner’s, Traffic, Drug, Tax, Family, Juvenile, and Civil Courts.
- The jurisdiction of the Civil Court is limited to claims not exceeding $250,000.
- Appeals from the Parish Court are made to the Court of Appeal.
Tier 3 - Supreme Court:
- The Supreme Court is the highest first instance court with unlimited jurisdiction.
- It has inherent and statutory jurisdiction in civil, criminal, family, commercial, succession, and admiralty cases.
- Specialized courts presided over by Supreme Court Judges include the High and Circuit Court Divisions of the Gun Court and the Revenue Court.
- Appeals from the Supreme Court are made to the Court of Appeal.
Court Structure Cont’d
The Jamaican judicial system is organized into a hierarchical structure with five basic tiers. Here are the main points of the fourth and fifth tiers:
Tier 4 - The Court of Appeal:
- The Court of Appeal is the first court to which appeals are referred from lower courts.
- It can confirm, overturn, or vary judgments in cases appealed from first-instance courts.
- Decisions of the Court of Appeal can often be further appealed to the Judicial Committee of the Privy Council (Privy Council).
- Technically, appeals are made to the Head of State, the Sovereign.
Tier 5 - The Privy Council:
- The Privy Council is the final and highest tier of the Jamaican court system.
- It hears appeals and makes recommendations to the Sovereign on how the appeal should be resolved.
- The Privy Council may recommend confirmation, overturning, or variation of the Court of Appeal’s judgment.
- Appeals to the Privy Council are limited to cases of a certain monetary value or those of exceptional public importance.
Restorative Justicd
The development of a National Restorative Justice Policy in Jamaica addresses the serious issues of crime, violence, and social order, with the goal of fostering a more effective and balanced justice system. Here are the main points:
- Issue of Crime and Violence: High levels of violent crimes in Jamaica are partly due to reprisals and vigilante justice caused by a lack of trust and delays in the justice process.
- Government’s Role: The Jamaican government, particularly through the Ministry of Justice, is promoting Alternative Dispute Resolution (ADR) and Restorative Justice (RJ) to enhance the justice system, building on work done by the Dispute Resolution Foundation and other organizations.
- Focus on Restorative Justice: Restorative Justice aims to repair harm, restore relationships, and provide victims, offenders, and the community a voice in the justice process. It focuses on repairing harm caused to people and their relationships rather than just addressing harm against the State.
- Victim-Centric Approach: A key challenge is moving victims from the periphery to the center of the RJ process, requiring accessible facilities and services for victims and offenders to participate in RJ processes.
