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Questions and Answers
What is the term used to describe the customs observed by former kings in the Sinhalese systems?
What is the term used to describe the customs observed by former kings in the Sinhalese systems?
Which of the following customs is concerned with adoption, marriage, descent, and devolution of property?
Which of the following customs is concerned with adoption, marriage, descent, and devolution of property?
What is the term used to describe the customs mainly connected with village land in the Sinhalese systems?
What is the term used to describe the customs mainly connected with village land in the Sinhalese systems?
Which of the following South Indian customs is mentioned in the text?
Which of the following South Indian customs is mentioned in the text?
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What is the term used to describe the customs derived from Mauryan sources?
What is the term used to describe the customs derived from Mauryan sources?
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What is the position of sirit or pera sirit in the Sinhalese systems?
What is the position of sirit or pera sirit in the Sinhalese systems?
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What is the current governing law for civil procedure in Sri Lanka?
What is the current governing law for civil procedure in Sri Lanka?
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What does the term 'Sources of Law' mean in a technical sense?
What does the term 'Sources of Law' mean in a technical sense?
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Which of the following sources of law is NOT applicable in the local context of Sri Lanka?
Which of the following sources of law is NOT applicable in the local context of Sri Lanka?
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What is the characteristic of the Sri Lankan legal system?
What is the characteristic of the Sri Lankan legal system?
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What is the hierarchy of sources in Common Law systems?
What is the hierarchy of sources in Common Law systems?
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What type of acts are now repealed in Sri Lanka?
What type of acts are now repealed in Sri Lanka?
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What was the primary purpose of the Vinaya or Vinaya Pitaka in the Buddhist tradition?
What was the primary purpose of the Vinaya or Vinaya Pitaka in the Buddhist tradition?
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What was the significance of the Vihara gam in Sri Lanka?
What was the significance of the Vihara gam in Sri Lanka?
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What was the main feature of the Sakyan sources mentioned in the text?
What was the main feature of the Sakyan sources mentioned in the text?
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What was the main purpose of the Maghata law in Sri Lanka?
What was the main purpose of the Maghata law in Sri Lanka?
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What was the significance of the sima or boundaries in Sri Lanka?
What was the significance of the sima or boundaries in Sri Lanka?
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What was the significance of the Abhaya law in Sri Lanka?
What was the significance of the Abhaya law in Sri Lanka?
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Under which Act was the High Court of the Republic established?
Under which Act was the High Court of the Republic established?
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Who appoints Judges of the High Courts?
Who appoints Judges of the High Courts?
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What is the age of retirement for Judges of the High Courts?
What is the age of retirement for Judges of the High Courts?
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What type of jurisdiction does the High Court exercise?
What type of jurisdiction does the High Court exercise?
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Under which article of the constitution was the Provincial High Court established?
Under which article of the constitution was the Provincial High Court established?
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What is the minimum amount of debt, damage, or demand required for a case to be heard by the Commercial High Court?
What is the minimum amount of debt, damage, or demand required for a case to be heard by the Commercial High Court?
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What is the process for invoking the Supreme Court's constitutional jurisdiction to determine questions under Article 120?
What is the process for invoking the Supreme Court's constitutional jurisdiction to determine questions under Article 120?
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What is the basis for the President to seek a special determination of the Supreme Court regarding a bill?
What is the basis for the President to seek a special determination of the Supreme Court regarding a bill?
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What is the scope of the Supreme Court's jurisdiction in interpreting the constitution?
What is the scope of the Supreme Court's jurisdiction in interpreting the constitution?
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What is the effect of the Supreme Court's determination on a bill's constitutionality?
What is the effect of the Supreme Court's determination on a bill's constitutionality?
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Who can invoke the Supreme Court's constitutional jurisdiction under Article 120?
Who can invoke the Supreme Court's constitutional jurisdiction under Article 120?
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What is the Supreme Court's jurisdiction in respect of fundamental rights?
What is the Supreme Court's jurisdiction in respect of fundamental rights?
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Study Notes
Constitutional Jurisdiction
- The Supreme Court's constitutional jurisdiction extends to determining questions stipulated in Article 120.
- The President or a citizen can invoke the Supreme Court's jurisdiction by a written reference or petition.
- The Supreme Court has sole and exclusive jurisdiction to interpret the constitution.
Urgent Bills
- Article 122 allows the President to require the Supreme Court to determine the constitutionality of an urgent bill.
- The President must address the Chief Justice in writing to invoke this jurisdiction.
Legislative Process
- Article 124 states that the validity of bills and the legislative process cannot be questioned.
- Article 125 grants the Supreme Court sole and exclusive jurisdiction to interpret the constitution.
Fundamental Rights
- Article 126 grants the Supreme Court sole and exclusive jurisdiction to hear and determine questions related to the infringement of fundamental rights.
Sources of Law
- Sources of law include legislation, judicial precedent, local customs, equity, and religion.
- The Sri Lankan legal system is a combination of civil and common law.
Legislation
- Legislation is a primary source of law in Sri Lanka.
- Acts of the UK Parliament passed between 1796 and 1947 applied to Sri Lanka, but are now repealed.
Mauryan Sources
- Mauryan sources include incidents of land tenure and customs.
- Examples of Mauryan sources include the positions of officials such as gamarala, lekama, and kankanama.
Sinhalese Customs
- Pera sirit (former or immemorial customs) held the same position as common law in England.
- Examples of Sinhalese customs include polyandry and the caste system.
Kula Sirit
- Kula sirit are customs handed down through generations in families.
- These customs concern adoption, marriage, descent, and devolution of property.
Gam Sirit
- Gam sirit are customs related to village land and irrigation practices.
- Examples of gam sirit include the Ande and Betma system of cultivation.
Judicial System
- The High Court of the Republic of Sri Lanka is established under the Judicature Act No. 2 of 1978.
- The High Court consists of not less than 10 and not more than 40 judges.
- Judges of the High Court are appointed by the President on the recommendation of the Judicial Service Commission.
Provincial High Court
- The Provincial High Court is established under Article 154P of the Constitution.
- The Provincial High Court has appellate and revisionary jurisdiction over Provincial Courts.
Commercial High Court
- The Commercial High Court is established under the High Court of the Provinces Act of 1996.
- The Commercial High Court has jurisdiction to hear civil actions related to commercial transactions exceeding Rs 20 million.
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Description
Test your knowledge about the history of Sri Lanka and its connection to Buddhism, including the influence of Hindu laws and the establishment of the Sangha and Vinaya Pitaka.