The law is a set of legal rules that governs the way members of society interact
Laws are required in society to regulate behaviour of the individual to correspond with what is considered to be socially acceptable
Public Law – deals with government and its relationships with individuals
International Law – Countries’ obligation to each other
Private (Civil) Law – deals with disagreements between private individuals
Public law covers three sub-divisions:
Constitutional law covers the different branches of the state: Executive, legislative and judiciary.
Administrative law regulates international trade, manufacturing, pollution, taxation, and the like
Criminal law involves state imposed sanctions for individuals or companies in order to achieve justice and social order.
Private (Civil) Law covers:
Civil law
Contract law or law of obligations
Law of torts
Property law
Family law
Employment law
Commercial law
Corporate law
Competition law
Privy Council (Although we may see a move to the Caribbean Court of Justice in the near future, for criminal matters)
Deals with appeals from the Court of Appeal
Supreme Court {Court of Appeal & High Court}
High Court
Indictable criminal matters (require jury)
Civil matters over TT$15,000
Family matters for married couples only
Appeals go to the Court of Appeal
Magistrates Court – Court of first instance for
Summary criminal offences
Civil matters
Family Court
International/Regional Law
Constitution
Statutes/Legislation/Ordinances
Case Law
International conventions are generally referred to as treaties
May also be called agreements, conventions, covenants, protocols or exchanges of notes
Universal Declaration of Human Rights (1948)
The Constitution is the set of rules under which we agree to live and interact with our fellow citizens and the State,
Acts relevant to Businesses:*
Registration of Business Names
Companies
Corporation Tax
Equal Opportunity
Fair Trading
Sale of Goods
Workmen’s Compensation
*This list is not exhaustive
Stare Decis is a Latin phrase meaning: “to stand on decided cases” – Judge made law
Makes the laws stable and predictable.
Increases judicial efficiency by relieving courts of having to reinvent legal principles for each case brought before them
Precedents are judicial decisions that give rise to legal principles that can be applied in future cases based upon similar facts.
Precedents and other forms of positive law, such as statutes, constitutions, and regulations, are referred to as binding authority and must be followed
Creative Powers – Case Law which relates to a narrower view of the law
Interpretive Powers – The Courts MUST follow the legislation… and read “as far as possible” to