INTRODUCTION

TO LAW
 WHAT IS LAW

DEFINITION
Law is a set of enforceable rules/regulations, with prescribed penalties or
sanctions.

Commercial law (business law) is the body of law that governs business and
commerical transactions. It is considered to be a branch of civil law and
deals with issues of both private law and public law.
 THEORIES OF LAW

Natural law Theory:

The natural law theory believes that our laws should be based on morality, ethics and
what is inherently correct.
Example:
It is morally unacceptable to kill another person.

Positive law Theory

The positive law theory believes that laws are man made and come from a legitimate
source - e.g statutes.

Example:
It is against the law to drive above a certain speed limit.
 CLASSIFICATION OF LAW

FUNCTIONAL

SUBJECT MATTER CONCEPTUAL

We classify laws in order to make them more accessible. Laws are also classified so that we
can identify which laws apply to a particular situation and how laws apply in relation to other
laws.
Classification by Subject Matter
As the name suggests this is classification of law based on subject matter. For example
contract law, tort law or criminal law

Functional Classification
This is classification of law based on its function. For example substantive law
and procedural law.

Conceptual Classification

This is classificiation of law based on its concept. For example private law and
public law. Public law comprises criminal law, constitutional law and administrative
law.
SOURCES OF LAW

The Constitution

Legislation Primary Legislation

Secondary or Subsidiary Legislation

Common Law

Equity
The Constitution
The supreme law of the land; all laws are to be made in conformity with the Constitution. It embodies ones fundamental
rights and freedoms and sets out principle guide lines for the ordering of the state. It is an instrument instituted by the
people of a country

Section 106 of the Grenadian Constitution:

This Constitution is the supreme law of Grenada and, subject to the provisions 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.
Legislation
This defined as the process of making law. There are two types of legislation, primary legislation and secondary legislation,
which is also referred to as subsidiary legislation.

Primary legislation is made by Parliament (statutes): It is the most important source of law. Examples of primary legislation are
the Criminal aw Pro (Procedure Act), The Business registration Act.
Secondary or subsidiary legislation: is made by a government authority or functionary that is given power by Parliament to
make such legislation. Example is contained in the Constitution of Trinidad and Tobago and similarly applies to Grenada, which
authorizes the Service Commission to make regulations.

Common law
Common law is a body of unwritten laws based on legal precedents established by the courts.
Equity
In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the
jurisdiction of Common Law. Equity is also used to describe the money value of property in excess of claims, liens, or
mortgages on the property.
 The Court System

The legal tradition prominent in the Commonwealth Caribbean is that of the common law
tradition, which originated in England. The court system of the territories is also influenced
by this tradition. The courts in the region, therefore, are modeled on those of England.

Judicial Committee of the Privy Caribbean Court of Justice

Council

(Superior Courts) Court of Appeal

High Court

Magistrate's Court Petty Sessional Courts (Inferior Courts)

The Judicial Committee of the Privy council

This is the final appellate court in Grenada. It is based in England. This court has the final
say in all court matters, and the superior courts are legally bound to follow their decisions.

The Caribbean Court of Justice

The Caribbean Court of Justice has two jurisdictions; the Original Jurisdiction and the Appellate
Jurisdiction. Grenada conforms to its Original Jurisdiction which deals with matters concerning the
Revised Treaty of Chaguaramas.

Superior Courts
The Superior Courts or Courts of Record consist of two tiers; a High Court or the Court of first instance and
the Court of Appeal. Certain matters are commenced in the High Court and should a party be dissatisfied
with outcome they may appeal the decision, first to the Court of Appeal. The High Court is bound by the
decisions of the Court of Appeal. The Superior Courts are collectively known as the Supreme Court.
 Inferior Courts

The Inferior Courts sit at the end of the Court system. These are the courts of
summary jurisdiction that deal with lesser judicial matters. These courts have
no appeallate jurisdiction and comprise of magistrates' courts and petty
sessional courts. The petty sessional courts have largely criminal jurisdiction
and are spearheaded by Justices of the Peace. The petty sessional courts can
issue summonses and warrants of arrest and may also grant bail.
 Magistracy in Grenada

Whereas the Supreme Court has jurisdiction over the entire state of Grenada, the Magistracy operates
in districts. There are four Magistracy Districts in Grenada; the Northern (St. Patrick & Carriacou)
Southern (St. George), Eastern (St. David & St. Andrew) and and Western District (St. John & St. Mark)
Districts. Each Magistracy District only has power over the events that happen in their district. For
example, a claim for $500.00 stolen in the Southern District can only be brought before the
Magistrate's of the Southern District.

In Grenada, the Magistrate courts generally deal with summary criminal offences, tort claims valued
at $7,500.00 or less and contract law claims valued at over $10,000.00

Although the High Court is Superior to the Magistracy, if a person is dissatisfied with a
decision in the Magistrate's Court, they would appeal to the Court of Appeal.
 Resource Corner

Classficiation of Law:
https://www.youtube.com/watch?v=zNsQgPdbE0o

The Constitution of Grenada:

http://www.oas.org/juridico/PDFs/mesicic4_grd_const.pdf

Laws of Grenada
https://laws.gov.gd/index.php?option=com_edocman&view=category&id=1&Itemid=102