Jamaican Legal Principles and Judicial System

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What must a judge do in a case with no existing precedents?

Refer the case to a higher court.

Ignore the issue entirely.

Create a new precedent. (correct)

Follow the ruling of previous cases.

What is one advantage of legal precedents?

They prevent legal innovations from occurring.

They create consistency in legal decisions. (correct)

They simplify the judicial process.

They eliminate all forms of legal uncertainty.

In public law, who prosecutes a defendant?

The state, represented by a prosecutor. (correct)

A jury of peers.

A private individual.

A civil court judge.

What characterizes civil law?

Disputes between private individuals. Signup and view all the answers

What happens to laws that conflict with the constitution?

They are deemed void. Signup and view all the answers

Which of the following is NOT a specialization of public law?

Contract Law. Signup and view all the answers

What is a disadvantage of legal precedents?

They can limit the adaptability of the law. Signup and view all the answers

What is the primary role of the Office of the DPP?

To prosecute criminal matters Signup and view all the answers

Which parish has a unique designation for its circuit court?

Kingston Signup and view all the answers

What is the minimum number of judges required to hear an appeal in the Court of Appeal?

Three Signup and view all the answers

Which court is considered the final court of appeal in the Jamaican Judicial System?

Privy Council Signup and view all the answers

What is one of the options the Court of Appeal has when issuing a ruling?

Agree with the inferior court's ruling Signup and view all the answers

What type of matters does the Commercial Court handle?

Business-related matters Signup and view all the answers

Which of the following statements is true about the Privy Council's jurisdiction?

It is the final appellate court for most Commonwealth Caribbean countries Signup and view all the answers

What distinguishes the Revenue Court from other divisions of the Supreme Court?

It deals specifically with taxation matters Signup and view all the answers

What was a notable criticism of Bourne’s case?

It is a first instance decision based on unique facts. Signup and view all the answers

Which circumstance does the Ministry of Health Guidelines support for an abortion?

Fetal abnormality Signup and view all the answers

What recommendation was made by the abortion policy review group in Jamaica in 2008?

To repeal the relevant sections of the OAPA. Signup and view all the answers

Under Roe v. Wade, what criteria is used to determine the legality of abortion?

The right to privacy Signup and view all the answers

At what stage of pregnancy is abortion generally prohibited in the second trimester, according to the Roe v. Wade framework?

Up to 6 months Signup and view all the answers

What role do the Medical Termination of Pregnancy Act of 1983 and similar laws play?

They regulate the conditions under which abortions can occur. Signup and view all the answers

In R v. Newton.Stungo, what was emphasized regarding abortion?

Miscarriage can be procured to preserve the life and health of the mother. Signup and view all the answers

What aspect of abortion law is currently under review by a joint select committee of Parliament in Jamaica?

Recommendations from the abortion policy group. Signup and view all the answers

What percentage of the $100,000,000 will Trinidad and Tobago contribute to the CCJ trust fund?

29.73% Signup and view all the answers

Which country held a constitutional referendum in November 2009 regarding the Privy Council and the CCJ?

St Vincent and the Grenadines Signup and view all the answers

What was the required majority for the 2009 referendum to pass in Haiti?

Two-thirds majority Signup and view all the answers

What is a concern regarding the CCJ trust fund mentioned by Professor Oswald Harding?

The funds could be depleted. Signup and view all the answers

What differing views did the Jamaica Labour Party (JLP) and the People's National Party (PNP) hold regarding a referendum?

The JLP supported a referendum; the PNP opposed it. Signup and view all the answers

What was one of the main aims of the 2009 referendum in St Vincent and the Grenadines?

To replace the Privy Council with the CCJ. Signup and view all the answers

Which of the following Caribbean countries has a scheduled contribution of 27.09% to the CCJ trust fund?

Jamaica Signup and view all the answers

What constitutional process is expressly required in some Eastern Caribbean countries when changing the judicial system?

Referendum Signup and view all the answers

Under what circumstances can an abortion be carried out before the 12th week of pregnancy in Barbados?

If there is a risk to the mother’s life or serious injury to her health Signup and view all the answers

What legislative act governs medical termination of pregnancy in Guyana?

Medical Termination of Pregnancy Act (1995) Signup and view all the answers

What is a requirement for women seeking an abortion in cases of rape or incest in St Lucia?

A police report to substantiate the claim Signup and view all the answers

Which of the following statements is an argument generally associated with the Pro-Life perspective?

Children should be put up for adoption instead of being aborted. Signup and view all the answers

What principle does the Pro-Choice perspective assert regarding the nature of the fetus?

The fetus is not a human being with a right to life. Signup and view all the answers

What is one of the conditions that can lead to a legal abortion in both Barbados and Guyana?

Failure of a recognized contraceptive method Signup and view all the answers

According to the legislative approach in the Caribbean, what is considered when determining the permissibility of abortion?

Socio-economic conditions and health risk Signup and view all the answers

Which article of the Universal Declaration of Human Rights addresses the right to life?

Article 3 Signup and view all the answers

Study Notes

The Nature of Precedents

Precedents are past judicial decisions that are used as a reference for making future decisions in similar cases.
They offer legal certainty and precision, but can also create rigidity within the legal system.
A judge does not have to follow a precedent that has been reversed by a higher court.

Public vs Private Law

Public Law governs the relationship between the state and its citizens.
It covers areas like:
- Constitutional Law
- Administrative Law
- Criminal Law
Criminal Law deals with offenses against the state.
Cases are brought in the name of the Crown ("R" for Rex or Regina)
Examples of criminal offenses: murder, theft, drunk driving.

Civil Law

Civil Law deals with disputes between private individuals.
A claimant sues a defendant in civil cases.
Cases involve matters like breach of contract, property laws, etc.

Structure of the Jamaican Judicial System

The highest court in Jamaica is the Judicial Committee of the Privy Council (JCPC) or "The Privy Council".
The Court of Appeal (CA) is second to the Privy Council.
The Supreme Court is below the Court of Appeal.
The Parish Court is the lowest court.
The Supreme Court is divided into four divisions:
Revenue Court
Gun Court
Western Regional Gun Court
Commercial Court

The Supreme Court

The Supreme Court is a court of record.
Appeals from the Supreme Court go to the Court of Appeal.
The Supreme Court handles both criminal and civil matters.
All cases, except those from Kingston and St Andrew, are named after the parish they are being heard in.
The Supreme Court is composed of several Circuit Courts, one for each parish, and the Home Circuit Court for Kingston and St Andrew.

The Court of Appeal

The Court of Appeal is also a court of record.
Its jurisdiction extends to hearing both criminal and civil cases from the Parish Court and Supreme Court.
Appeals from the Court of Appeal go to the Privy Council.
At least three judges must hear an appeal.
Upon hearing appeals, the Court of Appeal can:
- Affirm the inferior court's ruling.
- Reverse the inferior court's ruling and substitute its own.
- Reverse the inferior court's ruling and send the matter for retrial.

The Privy Council

This is the final court of appeal for most Commonwealth Caribbean countries, except for Belize, Guyana, Barbados, and Dominica.
The Privy Council operates as the highest court for all Commonwealth Caribbean countries, except for the four mentioned above.
It is not a court of first instance, meaning cases cannot be brought directly to it..
Five judges typically sit to hear each appeal, but this can increase to seven or nine.
The Privy Council hears appeals on every matter except election disputes, unless these disputes involve constitutional interpretation.
Jamaica's membership with the Privy Council could be abolished by a simple majority vote in both houses of Parliament.
Some countries require referenda to remove the Privy Council as their final court of appeal, such as St Vincent and the Grenadines.

Caribbean Court of Justice (CCJ)

The CCJ was established as an alternative to the Privy Council.
The CCJ’s establishment was funded through the Caribbean Development Bank (CDB), which raised $100,000,000 USD and placed the funds into a trust fund.
The CCJ’s annual costs are funded by interest on the trust fund.
Funds could be depleted, requiring member states to make further contributions, as noted by Prof. Oswald Harding.

Abortion in Jamaica

The Offenses Against the Person Act (OAPA) prohibits abortion.
The Bourne case established that abortion may be lawful if there is a risk to the mother’s life, but it did not specify who could perform such abortions or at which stage of pregnancy.
The Bourne case was followed by the case of R v. Newton. Stungo, which confirmed that a miscarriage could be procured to protect the mother’s life and health.
The Ministry of Health Guidelines issued in 1975 allowed abortions in some circumstances, such as fetal abnormality, cases of rape, and to protect the mother’s health. However, these guidelines are not legal and cannot override sections of the OAPA.
In 2008, an abortion policy review group recommended that the relevant sections of the OAPA be repealed and a termination of pregnancy act be passed.
Parliament is currently reviewing the issue of abortion.

Abortion in Other Countries

In the United States, the case of Roe v. Wade (1973) established a constitutional right to abortion based on the mother's right to privacy.
The state's interest in protecting fetal life increases over the course of pregnancy.
Abortion is generally available in the first trimester (up to 3 months).
In the second trimester (up to 6 months), abortion is prohibited unless necessary to preserve the life or health of the mother.
In Britain, abortion is lawful before the 24th week of pregnancy if two medical doctors believe in good faith that the pregnancy poses a risk to the woman's physical or mental health.
In Barbados, the Medical Termination of Pregnancy Act of 1983 allows abortion before the 12th week of pregnancy if a practitioner believes the pregnancy puts the mother's life at risk or causes serious harm to her health.
Abortions are also considered in cases of rape or incest.
Barbados also considers socio-economic factors.
In Guyana, the Medical Termination of Pregnancy Act of 1995 allows abortions depending on the stage of pregnancy, risks to the mother's life or health, and potential disabilities in the child.
Guyana takes into account if the pregnant woman is HIV+ and if a contraceptive was used but failed.
St Lucia's Criminal Code was modified in 2004 to protect the woman's physical and mental health.
The law includes the provision of abortions in cases of rape and incest.
A police report must be provided in the case of rape or incest.

Arguments for and Against Abortion

Pro-Life Arguments

Abortion goes against religious principles.
Abortion violates the sanctity of life.
Life begins at conception.
Health risks are associated with abortion.
Children should be put up for adoption instead of being aborted.

Pro-Choice Arguments

The foetus is not a human being with a right to life.
A woman should have the right to choose whether to have an abortion.
The woman has a right to privacy regarding her body and reproductive decisions.
Mother's life and health should be protected.
Many women die due to unsafe and illegal abortions.

International Law on the Right to Life

Article 3 of the Universal Declaration of Human Rights (UDHR) states that life shall be protected.
The American Convention on Human Rights also includes the protection of life, and has a protocol for abolishing the death penalty.
Jamaica along with some other countries are not part of this protocol.

Next Steps

Research and provide statistics on abortion in Jamaica and the Caribbean.
Examine the death penalty.
Explore international law on the death penalty.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the fundamental principles of precedents, the distinctions between public and private law, and the structure of the Jamaican judicial system. This quiz covers key aspects of civil and criminal law, offering insights into the legal framework that governs Jamaica. Test your understanding and enhance your knowledge of legal concepts and their applications.