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Questions and Answers
What is the primary function of an expert witness?
What is the primary function of an expert witness?
A social enquiry report is prepared by a judge.
A social enquiry report is prepared by a judge.
False
What type of cases uses a social enquiry report?
What type of cases uses a social enquiry report?
Criminal and civil cases
A social enquiry report contains information about the defendant's __________.
A social enquiry report contains information about the defendant's __________.
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Match the following roles with their responsibilities:
Match the following roles with their responsibilities:
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What might a probation officer include in a social enquiry report?
What might a probation officer include in a social enquiry report?
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A social enquiry report is used exclusively in criminal proceedings.
A social enquiry report is used exclusively in criminal proceedings.
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What aspects of the offender's life does a probation officer examine?
What aspects of the offender's life does a probation officer examine?
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Which of the following acts is NOT under the jurisdiction of the Family Court?
Which of the following acts is NOT under the jurisdiction of the Family Court?
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The Privy Council functions as the highest court in Jamaica.
The Privy Council functions as the highest court in Jamaica.
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Name one power of the Family Court.
Name one power of the Family Court.
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The ______ Court deals with family matters like adoption and domestic violence.
The ______ Court deals with family matters like adoption and domestic violence.
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Match the following Jamaican court levels with their respective tiers:
Match the following Jamaican court levels with their respective tiers:
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What is a primary purpose of specialized courts like the Family Court?
What is a primary purpose of specialized courts like the Family Court?
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The Family Court has jurisdiction over criminal matters only.
The Family Court has jurisdiction over criminal matters only.
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Which type of court is considered a summary court in Jamaica?
Which type of court is considered a summary court in Jamaica?
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Only expert witnesses can provide opinions and draw conclusions in court.
Only expert witnesses can provide opinions and draw conclusions in court.
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Who presides over the Family Court?
Who presides over the Family Court?
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What is one function of the Family Court in Jamaica?
What is one function of the Family Court in Jamaica?
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The Family Court aims to preserve the family unit and foster the welfare of ___.
The Family Court aims to preserve the family unit and foster the welfare of ___.
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Match the following courts to their primary focus:
Match the following courts to their primary focus:
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What unique aspect do specialized courts accommodate during hearings?
What unique aspect do specialized courts accommodate during hearings?
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Specialized courts do not have the power to try cases at first instance.
Specialized courts do not have the power to try cases at first instance.
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What legal act outlines the establishment and jurisdiction of the Family Court?
What legal act outlines the establishment and jurisdiction of the Family Court?
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What is the primary purpose of a social enquiry report?
What is the primary purpose of a social enquiry report?
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The probation officer decides the final sentence for the offender.
The probation officer decides the final sentence for the offender.
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Who determines the impact of the offence on the victims?
Who determines the impact of the offence on the victims?
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The probation officer will talk to members of the ______ to gauge their feelings towards the offender.
The probation officer will talk to members of the ______ to gauge their feelings towards the offender.
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Which of the following does a social enquiry report NOT typically include?
Which of the following does a social enquiry report NOT typically include?
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Family circumstances can be part of a social enquiry report.
Family circumstances can be part of a social enquiry report.
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What might a judge consider when deciding to delay sentencing an offender?
What might a judge consider when deciding to delay sentencing an offender?
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Study Notes
Administrative Justice Summary
- The Family Court is a specialized court, either superior or intermediate, with specific powers.
- It is designed to handle cases requiring expert or unique approaches for effective, compassionate, and sustainable solutions.
- These courts specialize in unique cases, such as family court, children's court, and gun court.
- Specialized courts have original jurisdiction, meaning cases are heard initially there, with appellate rights going to the appropriate court in the hierarchy.
- The Family Court in Jamaica has jurisdiction similar to that of a resident magistrate’s court (now Parish Court).
- The Family Court offers judicial and social services to preserve the family unit and foster children's well-being.
- The Juvenile Act was superseded by the Children's Care and Protection Act (CCPA).
- The CCPA provides provisions for a Children’s Court, presided over by resident magistrates or other similar officials.
- The Family Court handles civil matters, but also has criminal jurisdiction under the CCPA.
- Family matters are also heard in the Supreme Court.
- Social workers are present in family court hearings to assist the judge in preparing reports for final determinations.
- Confidentiality is important in Family Court proceedings (in camera).
- The Family Court has powers arising from the Child Care & Protection Act, the Children’s (Adoption) Act, the Children (Guardianship & Custody) Act, the Domestic Violence Act, the Family Property (Rights of Spouses) Act, the Maintenance Act, and the Status of Children Act.
- The Family Court's powers also include adoption, childcare, protection, custody, guardianship of children, declaration of paternity, domestic violence cases, maintenance matters, property rights of spouses, and youth delinquency.
- The Jamaican Court System has a tiered structure, including the Privy Council (or Caribbean Court), Court of Appeal, Supreme Court, Parish Court (Resident Magistrate's Court), and Lay Magistrates' court (Petty Sessions Court).
- Jamaican justice systems are based on the English legal system.
- The court system has five tiers and three classifications of courts.
- Precedents from English law and Commonwealth traditions are used.
- There are inferior courts (summary courts), courts of record, and superior courts.
- An intermediate court exists in Jamaica, which sits between the superior and inferior courts.
- Court classification is based on a summary level, high court level, and appellate level.
- The court hierarchy has corresponding authority—the higher the court, the more authoritative.
Expert Witness
- Generally, only expert witnesses can provide opinions and draw conclusions.
- An expert witness possesses specialized experience, making them capable of forming opinions that lay individuals can't.
- Expert witnesses are crucial in cases involving complex subjects beyond the understanding of typical people.
Social Inquiry Report (SER)
- SERs are used in both criminal and civil proceedings, typically before sentencing.
- The judge requests an SER to gather information about the defendant's criminal, or civil situation or living conditions.
- SERs contain a criminal case defendant's background information including social environment.
- Probation officers and social workers prepare the reports.
- Reports look at background circumstances, including their upbringing, school history, and possible factors contributing to their offense.
- Probation officers also try to determine possible remorse for the victims, and the impact of the offense on them.
- Members of the community are interviewed to assess public opinion about the offender.
- Information is used to assist judges in sentencing decisions.
- In family matters, judges may order an SER to evaluate a child's current circumstances and parental situations, including home visits.
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Description
Explore the specialized functions and jurisdiction of Family Courts, including their role in handling civil matters and child welfare cases. This quiz covers the Family Court's responsibilities, including the provisions under the Children's Care and Protection Act (CCPA), and the significance of specialized courts in ensuring effective justice. Test your understanding of these vital legal frameworks.