Legal system

and Court
system
TRANSPORT CONTRACTS AND REGULATIONS
BBMSCM 32033
Content
• Sources of Law,
• Legal principles,
• Introduction legal system and court system
Intended Learning Outcome
At the end of the session student should be able to:
• Identify different sources of law used within Sri Lanka
• Identify the legal system used within Sri Lanka
• Identify the court system used within Sri Lanka
Division of Legal system
• Personal law
Laws • Common law and
Civil law

Court • Superior courts

Structure • Inferior courts

Development of • Parliament
law • President
Laws within Sri Lanka
Roman
Dutch Law

Thesawalami English
Law Law

Kandyan Muslim
Law Law
Sri Lankan legal system
• Mixed of special laws, civil law and common law

• Special laws
 Kandyan law – Kandyan Sinhalese

 Thesawalami law – Tamils of Jaffna

 Muslim law – Muslims in Sri Lanka

• Criminal law is common to everyone

Special laws applicable to certain limited
area
Kandyan Law Thesawami Law Muslim Law

Marriage Pre-emption Marriage

Divorce Intestate succession Divorce

Intestate succession Intestate succession

Administration of
Mosques
Both Common law and Civil law features
are in Sri Lanka

• Due to the historic developments

 British introduced features of common law system
 Doctrine of judicial precedent: Following the legal principles laid down in
previously decided cases
 Adversarial court procedure: Opposition party can inquire from proposing party

 Dutch introduced features of civil law system

 Opinion of jurists is direct source of law
Laws introduced to Sri Lanka
Dutch period British period

Law of Property Commercial law

Law of Delict Administrative law

Family law Law relating to civil and criminal

procedure
Sources of Law

Legislation

Opinion of jurists Case law

Sources
of Law

Religion Custom

Equity
Development of Laws
• Law passed by the legislature
 Parliament is legislation

 Makes laws in Sri Lanka

• Laws are published in Act of Parliament

 Ordinance

 Act

• Parliament delegates rule making authority to administrative agency

 Rules made by agencies published in government gazettes
Development of Laws
• Subordinate Legislation
 Laws passed by any other person or authority but subject to the law - making power of
Parliament

Type By

Emergency Regulations President

Rules Supreme Court

Orders, Regulations Minister

Statutes Provincial Councils

Local Government Authorities By Laws

Judgment of superior courts (Case Law) as a
source of law

• Only Supreme court and court of appeal can make laws

 By pronouncing a legal principal or by interpreting a statute

• Opinion of Jurists
 Will be a direct source of certain areas which are based on Roman Dutch Law

 On any other area opinion may be considered by a court but the court is not bound to
follow it
Court system in Sri Lanka
Supreme
Court
Court of
Appeal
Provincial High Court

High Court

District Court

Magistrates Court

Primary Court
Supreme Court
• Highest court
• Final Appellate court
• Interpretation of the constitution
• Fundamental Rights petitions
• Admitting and enrolling Attorney-At-Law
• Making rules
• Appeals from court of appeal and other courts
• Matter relating to breach of parliamentary privileges
Court of Appeal
• Second highest appellate court

• Power to transfer cases from one court to another

• Parliamentary election, provincial council election petitions

• Revision applications from lower courts

• Power to transfer prisoners from one prison to another

High Courts
• Conduct criminal trials in respect to serious criminal offences

• Can impose death sentence

• Power to grant bail in respect to certain offences

• Power to respect arbitration

• Power to respect extradition

Magistrate courts
• Minor criminal offences
• Conducting non summary inquiries
• Issue of warrants, search for warrants
• Power to conduct inquires on sudden deaths
• Claims for payment of EPF and ETF
• Orders under domestic violence act
District courts
• Cases partitioning undivided lands

• Land cases
 Cases for declaration of title

 Cases for definition of boundaries

 Cases for evicting person from land

• Action for damages

 Damages for accidents

 Damages for defamation

 Damages for professional negligence

 Damages for malicious prosecution

District courts
• Family matters
 Divorce cases

 Cases to claim damage for breach of promise of marriage

 Cases for custody of children

 Cases related to property and administration of estates of minors

 Cases for the amendments to birth and marriage registers

• Business matters
 Mortgage actions

 Insolvency cases

 Actions related to breach of contract

Primary Courts
• Minor civil and criminal disputes
• Enforced by laws of local government authorities
Alternative dispute resolution methods
• Human Right Commission
• Ombudsman
• Labour Tribunals