LAW

Unit 1: Public Law

Module 1 - Caribbean Legal Systems
Module 2 - Principles of Public Law
Module 3 - Criminal Law

◆UNIT 1: PUBLIC LAW

MODULE 1: CARIBBEAN LEGAL SYSTEM
1. understand the varying ideas and thoughts about the subject of law;
2. appreciate the complex nature of law;
3. understand the dynamic role(s) and functions of law in changing Commonwealth
Caribbean societies;
4. develop skills in applying legal principles to a given set of facts.
5. describe the various theories and meanings of law;
6. describe the interrelationships of law, morality and religion;
7. explain the phrase ‘sources of law’;
8. describe the bases on which the law can be classified;
9. evaluate the structural and hierarchical operation of the court system;
10. evaluate the role and function of named functionaries and institutions of the legal
process;
11. assess alternative methods of dispute resolution;
12. assess the main ethical standards that lawyers should follow;
13. describe the sanctions available against attorneys for breach of the code of ethics;
14. evaluate the role and function of the Ombudsman

CONTENT 1.
Natural Law and Positive Law
(i) nature, origin, role, and functions
(ii) theories of law.
The Influence of Morality and Religion on Law.
Concepts of the phrase ‘sources of law’:
literary sources - Constitution;
(ii) legal sources - legislation (primary and subsidiary) and interpretation by the Courts;
(iii) historical sources - common law;
(iv) equity - origin and development in the Caribbean;
(v) judicial precedent;
(vi) customs and conventions.
Classification of Law:
(i) reasons for classification;
(ii) classification bases:
(a) subject matter - for example, contract, criminal, tort;
 (b) functional - for example, substantive and procedural
(c) conceptual - for example, private law and public law.
Structure and Hierarchy of the Criminal and Civil Courts
(i) Evaluation of the Judicial Committee of the Privy Council and the Caribbean Court of
Justice;
(ii) Courts of Appeal, High Courts and Supreme Courts;
(iii) Magistrates’ Courts, including Juvenile Court, Family Court and Petty Sessions.
Role and function of
(i) Legal personnel (Attorney General, Judges, Registrars, Bailiffs, Marshalls, Prosecutors)
(ii) The Jury (eligibility and disqualification, advantages and disadvantages of the jury
system).
Alternative methods of dispute resolution (ADR) – (arbitration and mediation).
Ethical Standards related to relationships between:
(i) lawyer and lawyer;
(ii) lawyer and client;
(iii) lawyer and the courts.
Sanctions for breaches of The Code of Ethics:
(i) suspension;
(ii) fines;
(iii) Striking off the Roll or disbarment.
The role and functions of the Ombudsman.