The beginining
He played a significant role in shaping the origin of law in England.
William the conqueror
The three categories of sources of law
Legal, Literary and Historical
Stare decisis, Obiter dictum and Ratio decidendi
To stand by the decided, Other things said and Reason for the decision
Differentiate between public law and private law
Public law is concerned with the State and its interaction with the citizen and other States or entities with international persona such as the United Nations and Caricom. Private law or civil law is concerned with the interaction among citizens or to a limited extent, citizens and the State.
The difference between attorneys and lawyers
Lawyers study law, Attorneys study and also practice the law.
Differentiate between moral values and social values
moral values are rules about how we should act towards others, while social values are just what a society thinks is important. Moral values can be enforced, meaning people might face consequences if they break them. But social values usually aren't enforced.
Judges must interpret law carefully to avoid this Latin term.
Ultra vires
Differentiate between Binding precedent and Persuasive precedent
Binding Precedent: This type of precedent requires a court to follow the decisions of higher courts within its own judicial hierarchy. For example, if a decision is made by the Guyana Court of Appeal, lower courts in Guyana are generally bound to follow that decision in similar cases. Similarly, decisions made by the Judicial Committee of the Privy Council, which is the highest court of appeal for many Caribbean countries, can be binding on the courts in those jurisdictions.
WHILE
Persuasive Precedent: Persuasive precedent, on the other hand, is not strictly binding but can be influential in guiding a court's decision-making process. A persuasive precedent is a legal decision that a court can consider when making a ruling, but it is not required to follow it. It is like a suggestion or advice from another court. This type of precedent includes decisions from courts outside the immediate jurisdiction or from lower courts within the same jurisdiction. While not mandatory, persuasive precedents can carry weight in the reasoning and arguments presented to the court.
In private law the interactions between citizens and state is restricted to _______
to the State acting as a contractor such as where an agency of the State enters a contract for the construction of a school, road, bridge or purchase of machines, plants etc.
In common law jurisdictions, registrars typically serve as_____ with the authority to handle certain civil matters
Judicial officers
In a practical sense, what may natural law guide discussions about?
discussions about justice and morality, influencing debates on legal issues such as human rights, environmental protection, or the role of government.
Differentiate between primary and secondary legislation
Primary legislation created by parliament, makes new laws or amends existing ones, providing the legal basis for government actions and policies while is derived from primary legislation. Involves the process where legislation is made by parliament appointed agencies.
The three ways law can be interpreted an why they are interpreted int hose ways
The literal rule requires courts to interpret statutes in their plain, literal and ordinary sense. The courts will not examine the intention of Parliament.
The golden rule is a modified version of the literal rule, allowing judges to depart from the literal meaning of the words in the statute when the literal interpretation would lead to an absurdity or inconsistency.
The mischief rule is used when the literal meaning of a statute would lead to an absurd or unjust outcome, and the court seeks to discern the intention of the lawmakers. Under this rule, judges interpret the law in a way that addresses the problem or "mischief" that the statute was designed to remedy.
The three things(laws) private law includes
Family Law which regulates the relationship, rights, duties and obligations of persons related by blood, adoption or close affinity amounting to family. This includes the law of divorce, child maintenance, custody and guardianship of infants etc.
Land law is concern with the rights, duties and obligations of citizens with respect to ownership, rights and interest in not only land but any property capable of ownership. Hence, land law may also be referred to as property law.
Contract Law enables commerce. It regulates the conduct of persons or persons and the State whenever a contract is entered into or terminated.
In Guyana, instead of seeing bailiffs in high courts, you would instead see ______
Marshalls
Caribbean legal systems have diverse origins, influenced by what three things?
Indigenous customs, colonial legacies (such as British, French, Dutch, or Spanish), and contemporary legal developments.
One of the historical sources of law for Guyana, McEwan v AG of Guyana
Four of the appellants, who identify as transgender persons, were arrested, convicted and punished for cross-dressing in public. They were charged with loitering and wearing female attire in a public place for “an improper purpose”. They argued, however, that the section violated their constitutional rights to equality and non-discrimination and freedom of expression. The Caribbean Court of Justice agreed with the appellants that their rights had been violated and ordered that the section be struck from the laws of Guyana.
Describe the writ system
- In medieval times, common law was the only law practiced in England.
- A claim before the court could only be possible by way of a writ.
- A writ is a sealed letter issued in the name of the king and ordered a named person e.g. the sheriff to do whatever the writ specified.
- The writ system was so designed that only certain or limited cases could be tried.
- If a claim was not found in the writ system, then a petition (written request) would
have to be made to the king
- The limitations and harshness of the common law were so severe in that the king appointed a Lord Chancellor (king's advisor or king's conscience) to hear cases.
- The only remedy available was Damages (monetary compensation).
- The king decided to have a division to hear cases outside of common law called the Chancery division.
- This division decided to bring remedies to persons based on fairness and justice because of the disadvantages of the writ system
The four things(laws) that public law is concerned with.
Constitutional Law is concerned with the fundamental rights of the citizen, the roles and functioning of the three arms of government including certain functionaries of the State such as the Director of Public Prosecutions and the Commissions including the Public, Rights of the Child, Ethnic Relations, Police and Teaching Service Commissions.
Constitutional Law, ensures the effective functioning of the State.
Administrative Law is concerned with correcting any error or deficiency by a State actor in the performance of his or her functions owed to the State. It is concern with procedures set out under law and reasonableness of decisions made by State actors. Where a decision is unreasonable or unlawful or where a procedure has not been complied with, the Courts exercises a supervisory function and reviews that decision and makes necessary orders.
Public International Law is a branch of public law, in that it regulates the State’s conduct with other States.
Private International Law is not a branch of Public Law but rather private or civil law in that it is concern with the State operating as an individual would or a multi-national corporation would at the international level. It is concerned with such issues as citizenship, international contracts, treaty obligations to individuals and companies etc.
List four functions of the DPP
-Prefers indictments in the high court criminal sessions in Demerara, Berbice and Essequibo. During these criminal sessions, one or more state counsel are assigned to prosecute the cases listed to be heard by the Trial Judges
-Appear in the appellate court and the full court in appeals in summary matters and from all indictable charges in the high court
-Appear in the magistrate’s court for a technical high profile matter and in extreme instances, where police prosecutors request assistance
-Appear in the high court in applications for bail, habeas corpus, or application to leave the jurisdiction and for extension of time to keep persons in custody pending police investigations
-To provide the guyana police force and law enforcement agencies with legal advice in the prosecution of criminal cases
List the five functions of law and what each means
• Regulatory: Laws establish rules and standards governing various aspects of life, such as contracts, property rights, and criminal behavior.
• Adjudicative: They provide mechanisms for resolving conflicts and disputes through courts and legal processes.
• Protective: Laws safeguard individual rights and liberties while also promoting the common good.
• Deterrent: They deter individuals from engaging in harmful or unlawful behavior through the threat of punishment.
• Social Engineering: Laws can be used to shape and influence societal behavior, promoting certain values or social goals.
Name all 5 reasons the constitution is a legal source of law
The Constitution establishes institutions, It establishes rights and obligations, It espouses ideals, It sets down the parameters of democratic governance and legitimizes their rule, It infers legal doctrines,
Differentiate between customs and conventions with examples of regional customs
Customs are longstanding practices or traditions within a community that have become accepted as a standard way of behaving or conducting activities. In legal terms, customs can become sources of law when they are widely recognized and consistently followed within a society. These customs can cover a wide range of behaviors, from how people greet each other to how they conduct business transactions.
Customs in Guyana
Rights over village lands should be retained by the village communities and alienated to outsiders (unwritten law of the village) e.g. If a village woman marries an outsider, her family conveys land to her rather than the husband to avoid alienation.
The children property act found in Guyana is similar to Bahamas where it is called generation property and in Jamaica, called family property
Conventions are similar to customs but often pertain more specifically to the functioning of government institutions and the behavior of public officials. They are unwritten rules or norms that govern the conduct of individuals and institutions within a particular context, such as politics or diplomacy. Conventions often evolve over time and are based on practical necessity, efficiency, and mutual agreement among stakeholders.
Name the Eight differences between criminal law and Private law
1.
Criminal - Deals with Acts defined as crimes
Private - Deals with rights, duties and obligations of individuals and companies
2.
Criminal - The State initiates proceedings before the Court either through the Police or the Office of the Director of Public Prosecutions
Private - Individuals espouse actions before the Courts.
3.
Criminal - Prosecutor v Accused or Defendant in Magistrate’s Court
Private - Plaintiff/Claimant/ Defendant
4.
Criminal - Verdict: Guilty or not guilty
Private - Verdict: Liable or not liable
5.
Criminal - Effect of verdict: Illegal act was committed
Private - Effect of verdict: unlawful act was committed
6.
Criminal - Effect of verdict: Fine, Bond, Imprisonment
Private - Effect of verdict: compensation/damages, injunction, specific performance
7.
Criminal - Judgment: Sentence
Private - Judgment: Decision/Ruling
8.
Criminal - Aim of Judgment: Punish, deter the convicted person, deter society, to rehabilitate or reform convict comp and vengeance for victim or victim family
Private - Aim of Judgment: Compensate, prevent further damage, loss or injury to property or ‘person’.
Differentiate between the Director of public prosecution and the Attorney general
DPP-state's representative in court against the populous, attorney general-people's representative against the state