public law – deals with government and its relationships with individuals international law –...

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 lawCommercial lawCorporate lawCompetition 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