Midsemester Exam Practice - Copy PDF

**[Practice Questions]** 1. What is the concept of the Sources of Law? Sources of law refer to how a law comes into being, what makes a rule a law, and what gives a rule its authority as a law. 2. What are the sources of law? The sources of law in Jamaica are Legislation, The Constitution, and...

**[Practice Questions]** 1. What is the concept of the Sources of Law? Sources of law refer to how a law comes into being, what makes a rule a law, and what gives a rule its authority as a law. 2. What are the sources of law? The sources of law in Jamaica are Legislation, The Constitution, and Case Law. Case Law is also referred to as Common Law or Judge-Made Law. 3. What does statute refer to in the Jamaican context? A statute refers to a law that has been formally enacted by the Parliament of Jamaica. Statutes are written laws that govern various aspects of society, including criminal justice, civil rights, business regulations, and more. Rules are contained in statutes. Types of statutes are: - Primary Legislation: This includes Acts of Parliament that establish new laws or amend existing ones. For example, the Criminal Justice (Administration) Act is a primary statute that outlines procedures for criminal cases. - Secondary Legislation (or Delegated Legislation): These are rules or regulations made by an authority under powers granted by an Act of Parliament. They provide detailed provisions necessary to enforce the primary legislation. 4. What is the meaning of Common Law? Rules of law which develop from principles derived from the judgment of cases adjudicated and decided in the courts of law. It creates and develops principles of law in areas where there is no relevant or applicable legislation to the legal problem they are asked to adjudicate and resolve. 5. Stages of Bill Enactment (From Bill to Act to Law) A Bill is an act of Parliament in draft, and no Bill can become law until it is approved by the Houses of Parliament and receives the formal assent of the Governor-General. Bills may be introduced in either the House of Representatives or the Senate, but no Bill involving finance can be first introduced in the Senate. "Public Bills", designed to give effect to Government policy, are introduced by Ministers or other officers of the Government. "Private Members' Bills" are introduced by any other member of the House, whether of the governing party or the Opposition After a Bill has been introduced in the House, it must pass through several stages, known as "readings". First Reading : At "first reading" no debate on the Bill is allowed. The "short title" of the Bill is read by the Clerk of the House, the Bill is ordered to be printed and a day is appointed by the member in charge of the Bill for "second reading". Second Reading: The Bill is debated fully at the "second reading". At the end of the debate a vote is taken. Committee Stage: If the Bill passes its second reading, it moves on to the "committee stage". This committee comprises the whole House unless the House refers the Bill to a "Select Committee". At this point, the Bill is considered in very close detail. Every clause is carefully examined, and amendments to the Bill may then be moved and voted upon. A Bill may not be rejected during the committee stage, as this power is reserved for the House. Report Stage: After the committee stage, there is the "report stage", when the Speaker reports what has happened to the Bill in committee, whether there have been amendments or not. Third Reading: No amendments of a substantial nature may be made at the "third reading"; a Bill may be accepted or rejected by means of a vote. When a Bill is first passed by the House of Representatives, it is sent to the Senate, where it goes through the same procedure as one which originated in the "Lower House". Upper House/Senate stage: If the Senate disagrees with any aspect of the Bill and makes an amendment, the Bill is sent back to the House of Representatives for consideration. If the House disagrees with the Senate's amendment, it informs the Senate, which is then asked to reconsider the Bill. Royal Assent: When an agreement is reached and the Bill has been passed through all its stages in both Houses, it requires only the Royal Assent to make it law. The Royal Assent is given by the Governor-General. 6. When does an Act become a Law? An Act becomes a law when it is approved by the Houses of Parliament and receives the formal assent of the Governor-General. It should be noted that an Act is law on publication of the Governor- General's assent and certain provisions can be applied e.g., establishment of a board; Minister prescribing regulations 7. When does a minister have to give notice that the Acts are coming into effect? Where 'commencement' provides that a law comes into operation on a date to be notified by the Minister, the Minister will notify the date of coming into operation of the Act and 'the notice' must be published in the Gazette. All the provisions of the Act come into operation on date stated by the Minister in 'the notice'. (and not the date on which the Gazette is published). 8. What are the means by which Parliament can review delegated legislation? - Laying -- presenting document to Parliament with no discussion or explicit approval required; approval is implied. - Laying subject to affirmative resolution -- after laying in Parliament, an affirmative vote is required by each House of Parliament in order for the legislation to be passed. - Laying subject to negative resolution -- legislation is laid before each House of Parliament and if after 21 days there is no objection from either House, it is passed. - Publication - legislation must be published in the Gazette for it to become law 9. What are grounds on which the Courts can review delegated legislation? Courts can review: - Process/procedures used to create legislation -- 'pre-emergent control' - Whether legislation is in keeping with powers granted under the parent Act -- 'post-emergent control'. - Reasonability/constitutionality of the Act. 10. What is Autonomic Legislation? Autonomic legislation is a special type of delegated legislation. The major difference between autonomic legislation and other forms of delegated legislation is that, in the case of the former, an autonomous body has an independent power to legislate for its own members and, in limited cases, for members of the public. This power is usually conferred by Parliament, but this is not always the case. However, in all cases, the power is sanctioned by Parliament. Examples of autonomous legislative bodies are the Bar Councils, the respective Chambers of Commerce and churches. Autonomic legislation is also subject to judicial control under modern principles of administrative law. 11. What does the Constitution do? - Establishes Parliament and gives Parliament the power to make laws - Act as the source of law in relation to rules concerning citizenship, fundamental rights and freedoms, and structure and powers of government - defines citizen's rights and the nature and form of the legal and political systems - lays down mandatory procedures for government. - provides redress for violations of basic human rights. - sets the foundation for judicial review 12. What are the different types of legislation? - Acts of Parliament: Private Acts -- proposed by corporation, company or private entity; Public Acts -- proposed by people through their representatives and affects entire nation; and statutes passed in conformity with international treaties or agreements. - Delegated/Subsidiary Legislation: Parliament delegates its authority to make legislation (regulations/ orders and bylaws) to a government department/ statutory body through the responsible Minister. Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament. - Autonomic Legislation: where certain bodies have the power to make their own laws governing the conduct of a specific class of people. - Orders in Council: Order in Council is the highest form of delegated legislation and is an 'Order of the Privy Council'. Usually made by the Government and merely approved by the Privy Council. 13. What are the different types of delegated legislation? - Regulations/Rules/Orders -- created by government departments. - Bylaws -- made by governmental authority i.e., local authority or independent statutory corporation for regulating the administration and management of a restricted area, property, undertaking and only applicable to persons within a restricted scope. 14. What are the concepts under which the Courts can rule against or for delegated legislation? Courts can review: - Process/procedures used to create legislation -- 'pre-emergent control' - Whether legislation is in keeping with powers granted under the parent Act -- 'post-emergent control'. - Reasonability/constitutionality of the Act. 15. What are the rights protected under the Jamaican Constitution? (Those related to children; Chapter 3 -- Fundamental Rights and Freedom) *Rights that you are entitled to under the Constitution of Jamaica (Simplified Version):- * - The right to life, liberty and security of person except in the execution of the sentence of a court in respect of a criminal offense of which the person has been convicted. - The right to freedom of thought, conscience, belief and observance of political doctrines - The right to freedom of expression - The right to seek, receive, distribute or disseminate information, opinions and ideas through any media - The right to peaceful assembly and association - The right to freedom of movement, that is to say, the right  (i) of every citizen of Jamaica to enter Jamaica; and (ii) of every person lawfully in Jamaica, to move around freely throughout Jamaica, to reside in any part of Jamaica and to leave Jamaica. - The right to equality before the law - The right to equitable and human treatment by any public authority in the exercise of any function - The right to freedom from discrimination on the ground of (i) being male or female (ii) race, place of origin, class, colour, religion, political opinions. - The right to everyone to (i) protection from search of the person and property (ii) respect for protection of private and family life, and privacy of the home; and (iii) protection of other property and of communication; - The right of every child to be protected by virtue of being a minor, part of a family, society and the State - The right of every child who is a citizen of Jamaica, to public educational institution at the pre-primary and primary levels - The right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage. - The right of every citizen of Jamaica to be registered to vote - The right of every citizen of Jamaica who is so registered, to vote in free and fair elections - The right of every citizen of Jamaica to be guaranteed a passport and not to be detained or deprived except by due process of the law - The right to protection from torture, or inhuman or degrading punishment or other treatment - The right to freedom of the person - The protection of property rights - The right to due process - The right to freedom of religion 16. What are the arms of the State of Jamaica? - the Executive: e consists of the British Monarch, the King, who is represented locally by the Governor General, the Prime Minister and the Cabinet which sets policy for the governance of the country. - the Legislature (Parliament): is entrusted with making laws for the peace, order and good governance of the country. - the Judiciary: consists of the courts and judges and is given the power to review the actions of the other two arms of the State, that is, the Executive and the Legislature (Parliament); and this is referred to as the 'process of judicial review'. 17. What is the Constitution? A special type of legislation that is superior to all other legislation and all other laws. It is body of law containing rules which determines the direction of the State, including the manner in which the State is organised; f fundamental principles according to which the State is governed. 18. What role does the Constitution play in other laws in Jamaica? Subject to the provision of section 49 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. 19. What is the principle of separation of powers? Principle of 'separation of powers' is embodied in the Constitution, i.e., that the three arms of state, namely the Executive, the Legislature and the Judiciary, are separate and independent of each other and each must therefore exercise their powers and functions exclusively and independently of each other. 20. What are the functions/roles of the Judiciary as established under the Constitution? Consists of the courts and judges and is given the power to review the actions of the other two arms of the State, that is, the Executive and the Legislature (Parliament); and this is referred to as the 'process of judicial review'. 21. What are the processes under the Legislative Process? Absolute Parliamentary Majority: a majority of all members of the House, whether or not all members are present and voting on any given occasion. 22. What does Referendum vote mean? Alterations requiring a 'referendum vote', for example, the entrenching section and the supreme law clause, require the amending Bill to be submitted to a referendum not less than two nor more than six months, after its passage by both Houses. *A referendum* is a direct vote in which an entire electorate is asked to vote on a particular proposal. This may result in the adoption of a new law. In some countries it is synonymous with a plebiscite or a vote on a ballot question. 23. What is Entrenchment? 'Entrenchment' is the protecting of some provisions of a constitution against change by the ordinary legislative process. 24. What is Special Formulae? Example of 'special formulae' in the Jamaica Constitution is where special recital or words of enactments are needed. Ordinary Bills must carry the following recital: ✓ 'Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Jamaica, and by the authority of the same as follows:-' 25. What is the autonomy of the Judiciary in Jamaica? 26. What are the means by which this autonomy is guaranteed under the Constitution? The Constitution guarantees the autonomy of the Judiciary by the establishment of a Supreme Court and its judges and security of tenure of the Judiciary through establishment of an independent 'Judicial Service Commission' 27. What does the Court of Petty Sessions do? Exercises summary criminal jurisdiction over minor criminal offences. Functions include the power to: 1. issue summons to witnesses; 2. issue warrants for arrest; 3. issue search warrants under certain statutory provisions; 4. grant bail to person charged with criminal offence other than treason. 28. What jurisdiction does the Court of Petty Sessions have? Exercises summary criminal jurisdiction over minor criminal offences: a. pertaining to local community, under the 'The Towns and Communities Act', e. g., indecent language, disturbance of the peace; b. other minor criminal matters between parties such as threats, stone throwing, and assault as well as resisting arrest, and assaulting the Police. 29. Under which Act does the Court of Petty Sessions adjudicate offenses? 'The Towns and Communities Act' 30. What are the different courts in Jamaica? - Court of Petty Sessions - Parish Court - Supreme Court - Circuit Court - The Gun Court - Court of Appeal - Privy Council - The Juvenile Court 31. What are our Appellate courts? - First Appellate: Supreme Court - Second Appellate: Court of Appeal - Highest Appellate: Privy Council 32. Meanings of: - Stare Decisis: 'let the decision stand'. A legal principle that means \"to stand by things decided.\" It requires courts to follow the rulings made in previous cases when the facts and legal issues are similar. - Ratio Decidendi: 'statements of the principles of law applicable to a particular legal problem disclosed by the facts.' The main legal reason that a judge uses to make a decision in a case. The key reason for a decision (what must be followed). - Obiter dicta: 'by the way'. Extra comments or thoughts a judge makes that aren't necessary for the decision. Additional thoughts or comments (not required to be followed but can be helpful). 33. What is the reversion of decision? A decision which is altered on appeal. 34. What is overruling? Overruling affects the rule of law, not just the decision of the case which is overruled. 35. What are the differences between reversion of decision and overruling? Affects the decision in the case unlike 'overruling' which affects the rule of law or legal principle upon which the decision is based. υ Affects only the particular decision and not the entire body of law unlike the overruling process. 36. What are the concepts of persuasive precedence and what do they mean? Principles of law contained in previous judgments which offer guidance to current or subsequent cases and are not binding; and may originate from Courts lower in hierarchy or from decisions of Courts in other jurisdictions. For example, the decision of the Court of Appeal in Barbados is of persuasive authority to a court in Jamaica. υ It also applies where there is a previous decision of the court, which though not binding on the court in subsequent cases, may influence a Judge's decision, if the legal principles and reasoning given in the previous decision are relevant to the present or subsequent case. Sometimes, a court may consider decisions from other jurisdictions (such as foreign courts) or lower courts within the same jurisdiction as persuasive but not binding. Judges may refer to these precedents for guidance, especially if they deal with similar issues. a. Which courts can be guided by persuasive precedence? 37. What is the concept of binding precedence and what does it mean? A Judge is bound to apply principles of law found in previously decided cases to decide current or subsequent cases with similar issues. The function of Judge is not to create new laws, but he must decide a case in conformity with existing rules laid down in previously decided cases. According to this doctrine, the decisions of the higher/superior courts on points of law bind the lower courts, so that the lower courts are obliged to apply the legal principles established by the higher/ superior courts. Decisions of the Privy Council originating from one Caribbean Commonwealth jurisdiction, are binding on other jurisdictions in the Region. Simply, Lower courts are required to follow decisions made by higher courts within the same jurisdiction. For example, in Jamaica, a Parish Court must follow rulings from the Court of Appeal or the Supreme Court. Binding precedents help create a structured legal hierarchy. 38. What is the gun court? The Gun Court is the branch of the Jamaican judicial system that tries criminal cases involving firearms. 39. What are the divisions of the gun court? Gun Court consists of 3 divisions -- 1. the Parish Court (formerly the Resident Magistrate's Court): can only hold preliminary inquiries into matters involving firearm offences which involves murder or treason (including granting bail and fixing trial dates, etc.). 2. the High Court: hears/tries cases involving unlicensed possession of a gun only or the use of a gun in commission of a crime, except firearm offences related to murder or treason (capital offences). These cases are tried in camera by a Judge of the Supreme Court of Jamaica, without a jury. 3. the Circuit Court Division: only can hear capital offences involving firearms, that is, murder and treason. These cases are tried by a Supreme Court Judge exercising the jurisdiction of a Circuit Court Judge, with a jury 40. What does the Doctrine of Judicial Precedents mean? Central to concept of common law as source of law is the doctrine of 'precedent or stare decisis'. "Stare Decisis" means "let the decision stand". Use of precedent means application of principles of law used in previously decided cases to decide subsequent cases being adjudicated upon, where issues are similar. Approach used in absence of any statutes applicable to the issue under consideration by the court. 41. What does Judicial Review mean and what does it do? Judicial Review is a process where the courts have the authority to review actions taken by the government to ensure they align with the Constitution. This process is a key part of the "rule of law," which means that everyone, including the government, must follow the law and respect citizens\' rights. Here's a simpler breakdown: - Purpose of Judicial Review: The main goal is to protect citizens\' rights by ensuring that government actions (by either Parliament or Executive officials) follow the rules set out in the Constitution. - How it Works: Courts examine government actions and laws to see if they are in line with the Constitution. If the courts find an action or law consistent with the Constitution, it's called Intra Vires (meaning \"within the powers\"). But if they find it goes against the Constitution, it\'s Ultra Vires (\"beyond the powers\")---and that action or law is declared null and void. - Examples of What Courts Review: - Laws passed by Parliament: Courts check if new laws align with the Constitution. If not, they can void them. - Executive actions: This includes decisions by government officials or agencies. Courts review these actions, especially if they affect citizens' rights, to ensure they follow the law. In Summary: Judicial Review is a safeguard that allows courts to keep government actions within legal limits, ensuring they do not violate the Constitution or infringe on citizens\' rights. 42. What does the Circuit Court in Jamaica do? - The 'Circuit Court' operates as a division of the Supreme Court and is manned by Judges of the Supreme Court. - Court sits with a Jury. - Court circulates on a "circuit" of all parishes on a fixed schedule during each term. - Holds sittings at least three times (per year) in every parish except \[Kingston\] & St. Andrew, where it sits continuously during the court's term. 43. What cases does the Circuit Court try? Tries all criminal matters not within the exclusive domain of the Parish Court. 44. What are the different courts at the Parish Court level? Apart from exercising jurisdiction in criminal cases, Judges of the Parish Courts preside over a range of courts at this level including: 1. Coroner's Court 2. Traffic Court 3. Drug Court 4. Tax Court 5. Family Court 6. Juvenile Court 45. What does the Juvenile court do? The Juvenile Court is an inferior court established with same procedures as that of the Parish Court. υ Presided over by a Judge of the Parish Court and two Justices of the Peace. υ Hears charges against juveniles or civil applications relating to juveniles in need of care and protection. 46. What are the different courts and their structures? - Judicial Committee of the Privy Council (UK) The Privy Council is the highest appellate court for Jamaica. Litigants can appeal to the Privy Council from the Court of Appeal, making it the final court for cases that have exhausted all domestic appeal options. - Court of Appeal The Court of Appeal is the highest court within Jamaica itself and handles appeals from the Supreme Court and certain tribunals. It reviews both civil and criminal matters. - Supreme Court Structure: The Supreme Court is divided into several divisions: Criminal Division: Handles serious criminal cases. Civil Division: Deals with high-value civil matters. Family and Commercial Divisions: For specialized cases in family law and commercial law. Example Cases: Murder and Manslaughter: These serious criminal offenses involve extensive evidence and higher legal scrutiny. High-Value Civil Claims: Complex civil cases, such as contractual disputes or damages that involve large sums of money. - Parish Courts (formerly Resident Magistrates\' Courts) Structure: There is a Parish Court in each of Jamaica's parishes, and each has jurisdiction over general civil and criminal matters of lesser severity than the Supreme Court. Example Cases: Minor Assaults or Theft: Non-violent assaults or petty theft that do not result in severe injury or involve high-value items. Landlord and Tenant Disputes: Small disputes related to rent, eviction, or tenancy agreements. - Petty Sessions Courts Structure: These are presided over by Justices of the Peace and are designed to handle very minor civil and criminal issues at a community level. Example Cases: Public Nuisance Cases: Minor offenses like disturbing the peace or causing public disorder. Simple Traffic Violations: Basic infractions such as parking violations or minor speeding tickets. 47. What does the Supreme Court do? - Operates for both civil and criminal matters. - Civil matters include actions and proceedings in equity, the common law, divorce and matrimonial causes, probate, bankruptcy and admiralty matters. - Criminal matters include treason, felonies and misdemeanours- more serious offences tried on indictment. - Hears applications for alleged violations of fundamental rights as secured under the Constitution. 48. What does the Privy Council do? The Privy Council is not concerned with reviewing evidence or facts of a case, but it adjudicates on matters of law. Section 110 of the Constitution grants right of appeal from Court of Appeal to Her Majesty in Council in the following cases: a. Final decisions in any civil proceedings where matter in dispute on appeal is of value of \$1000 or more or involves directly or indirectly claim or question respecting property of value of \$1000 or more. b. Final decisions in proceedings for dissolution or nullity of marriage. c. Final decisions in any civil, criminal or other proceedings on questions as to the interpretation of the Constitution. d. Such other cases as may be prescribed by Parliament. 49. What does the Court of Appeal do? Court of appellate jurisdiction with functions and operations as set out in 'The Judicature (Appellate Jurisdiction)Act, 1962'. Court sits without a jury -- not concerned with reviewing evidence or facts of a case. Adjudicates on matters of law. Hears appeals from all lower courts in civil and criminal matters. If the President of the Court directs, the Court can sit in more than one division of three judges at the same time. 50. What is the hierarchical court system of Jamaica (lowest to highest)? - Petty Sessions Courts - Parish Courts - Supreme Court - Court of Appeal - Privy Council (UK)