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 (D)</p> Signup and view all the answers

What is the composition of the Supreme Court?

<p>Eleven judges including the Chief Justice (A)</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 (D)</p> Signup and view all the answers

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

<p>Supreme Court (A)</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 (D)</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. (C)</p> Signup and view all the answers

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

<p>Enhanced privacy and confidentiality. (A)</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. (D)</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. (A)</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. (B)</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. (D)</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. (D)</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. (B)</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. (A)</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. (A)</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. (C)</p> Signup and view all the answers

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

<p>High Courts (B)</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. (B)</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. (C)</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. (B)</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. (D)</p> Signup and view all the answers

Flashcards

High Court Function

Serves as the appellate court for cases originating within the province.

High Court Cases

Deals with oceanic disagreements; offenses against the law; business disagreements exceeding 3 million rupees.

Court of Appeal Role

Corrects errors of fact and law made by lower courts.

Court of Appeal Powers

Authority to issue official orders and prohibitions.

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Court of Appeal Jurisdiction

Exercises appellate powers over courts of first instance and other adjudicative bodies.

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Case Record Review

Allowed to examine the documented history of cases from lower-level courts.

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Contempt Penalties

Holds the power to penalize for disobedience or disrespect shown to the court.

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Writs Issued by Court

Special orders for specific required actions from the court.

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Supreme Court's Position

The ultimate judicial institution in Sri Lanka.

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Supreme Court Appeals

Deals with appeals from lower courts and tribunals.

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Supreme Court Authority

Deals with cases concerning the fundamental rules and principles by which Sri Lanka is governed.

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Final Court of Instance

Final level for appeals related to civil and criminal cases initially heard.

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Chief Justice Role

Oversees the judicial panel as the foremost judge.

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Enforcing ADR Judgements

Making sure decisions are followed through using methods that are not traditional.

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Advantage of Court Judgments

Commonly more easily enforced compared to other methods of dispute resolution.

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Facilitation Definition

Achieving consensus in groups through a neutral third party.

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Facilitation Aims

An approach emphasizing equality and fairness.

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Privacy in ADR

Keeping discussions private versus public trials.

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Confidentiality Benefit

ADR secures what should be kept safe.

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Trade Secret Security

Protects information with economic value that gives a business a competitive edge.

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Limited Legal Remedies

ADR may not offer all the remedies that a court can.

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Lack of Formalities

The casual nature of discussions may raise concerns about justice.

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Limited Appeal Options

Generally cannot challenge an ADR decision.

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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

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