Sri Lanka's Court System Overview
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Sri Lanka's Court System Overview

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Questions and Answers

What types of cases can a High Court handle?

  • Civil disputes only
  • Maritime disputes and commercial disputes over 3 million rupees (correct)
  • Family law cases primarily
  • Only criminal cases

    • Which court has the authority to correct errors made by the High Court?

  • Magistrates Court
  • District Court
  • Supreme Court
  • Court of Appeal (correct)

    • What is the primary jurisdiction of the Supreme Court?

  • Only civil cases
  • Appellate and constitutional matters (correct)
  • Minor disputes and family law
  • Initial trials for criminal cases

    • Which writs can the Court of Appeal issue?

    <p>Certiorari, procedendo, mandamus, and qvo warranto</p> Signup and view all the answers

    What is the composition of the Supreme Court?

    <p>Eleven judges including the Chief Justice</p> Signup and view all the answers

    What penalties can the Court of Appeal impose for contempt of court?

    <p>Imprisonment for no less than eight years</p> Signup and view all the answers

    Which of the following courts has the highest authority in Sri Lanka?

    <p>Supreme Court</p> Signup and view all the answers

    What authority does a High Court have over Primary Courts?

    <p>Can correct errors made by Primary Courts</p> Signup and view all the answers

    What is a potential disadvantage of alternative dispute resolution mechanisms compared to court systems?

    <p>They may offer limited legal remedies compared to courts.</p> Signup and view all the answers

    What aspect of alternative dispute resolution can be considered a benefit?

    <p>Enhanced privacy and confidentiality.</p> Signup and view all the answers

    What limitation do parties face regarding appeals in alternative dispute resolution?

    <p>They usually possess limited or no appellate rights.</p> Signup and view all the answers

    How does the lack of a formal legal process in alternative dispute resolution impact fairness?

    <p>It raises questions about due process and fairness.</p> Signup and view all the answers

    What is one characteristic of mediators and arbitrators in alternative dispute resolution?

    <p>They are expected to be neutral and objective.</p> Signup and view all the answers

    Why might some individuals prefer court action over alternative dispute resolution?

    <p>They seek predictability and enforceable orders.</p> Signup and view all the answers

    Which of the following is NOT a typical disadvantage of alternative dispute resolution?

    <p>Strict legal procedural requirements.</p> Signup and view all the answers

    In what scenario is confidentiality particularly important in alternative dispute resolution?

    <p>In cases involving trade secrets or intellectual property.</p> Signup and view all the answers

    Which of the following statements best describes the enforceability of arbitration awards compared to court judgments?

    <p>Court judgments are usually more enforceable due to their reliance on international treaties.</p> Signup and view all the answers

    In alternative dispute resolution, what is the primary role of a facilitator?

    <p>To assist parties in designing meetings that promote equality and fairness.</p> Signup and view all the answers

    What factor does NOT influence the suitability of alternative dispute resolution processes?

    <p>The popularity of specific dispute resolution methods.</p> Signup and view all the answers

    Which type of court generally has the most authority in the court hierarchy?

    <p>High Courts</p> Signup and view all the answers

    Which of the following best describes a scenario in which combining court litigation and alternative dispute resolution may be beneficial?

    <p>When the nature of the disagreement benefits from flexibility in resolution methods.</p> Signup and view all the answers

    What is a common misconception about the enforceability of mediation settlements?

    <p>They are universally recognized across all jurisdictions.</p> Signup and view all the answers

    What characterizes the role of a facilitator in group meetings aiming for a common goal?

    <p>To ensure a neutral environment where no one person dominates.</p> Signup and view all the answers

    Which of the following is NOT typically a reason for using alternative dispute resolution?

    <p>To avoid legal formalities entirely.</p> Signup and view all the answers

    Study Notes

    High Court

    • Functions as the Court of Appeal for cases within the province.
    • Handles maritime disputes, criminal offenses, and commercial disputes exceeding 3 million rupees.

    Court of Appeal

    • Corrects factual and legal errors from lower courts (High Court, Primary Court, Magistrates Court, District Court).
    • Has powers to issue writs and grant injunctions.
    • Appellate jurisdiction over first-instance courts and judicial bodies.
    • Can examine case records from first-instance courts.
    • Possesses authority to impose penalties for contempt, with possible imprisonment of eight years or more.
    • Can issue various writs, including Certiorari, procedendo, mandamus, and quo warranto.

    Supreme Court

    • The highest court in Sri Lanka, hearing appeals from the Court of Appeal, High Court, and other tribunals.
    • Oversees cases related to constitutional authority.
    • Final appellate jurisdiction for civil and criminal appeals from the Court of First Instance.
    • Led by the Chief Justice, appointed by the President of Sri Lanka, with a panel of 11 judges.

    Enforcement Issues in Alternative Dispute Resolution

    • Enforcing judgments from alternative dispute resolutions can be problematic across jurisdictions.
    • Court judgments generally have greater enforceability than arbitration awards or mediated settlements.
    • The choice of dispute resolution methods depends on the nature of the disagreement and the involved parties' goals.
    • Sometimes, combining alternative dispute resolution with court litigation is the most effective approach.

    Facilitation in Dispute Resolution

    • A neutral facilitator aids groups in working collaboratively towards an agreed goal.
    • Aims for equality and fairness in discussions, preventing dominance by any party.
    • Can be used alongside or instead of court processes in Sri Lanka.
    • Leverages the expertise of specialists to address complex issues.

    Privacy and Confidentiality

    • Alternative dispute resolutions often ensure greater privacy compared to court proceedings.
    • Confidentiality safeguards sensitive information, protecting parties' reputations and commercial interests.
    • This is particularly relevant for cases involving trade secrets and intellectual property.

    Disadvantages of Alternative Dispute Resolution

    • Limited Legal Remedies: May not provide the same range of enforceable legal remedies and binding judgments as courts.
    • Lack of Formal Legal Process: Informality can raise concerns about due process and fairness, especially for complex legal issues.
    • Limited Appellate Rights: Most alternative resolution processes offer few or no options for appeal, contrasting with court systems that allow higher court reviews.

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    Related Documents

    Session 07 Alternative Dispute Resolution PDF

    Description

    This quiz explores the structure and functions of the High Court, Court of Appeal, and Supreme Court in Sri Lanka. It covers their jurisdiction, roles in the legal process, and the powers they hold in addressing various legal matters. Perfect for anyone wanting to understand the Sri Lankan judiciary system.

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