Business Law (mng 4104) Recess Period 2020/2021 Introduction to Law
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- What is Law
- Classification of Law
- Introduction to Guyana’s Court System
- Sources of Law
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Business Law (MNG 4104) Recess Period 2020/2021 Introduction to Law What must be understood is that when considering what the law is, it must not be taken in a vacuum. The law, while it seeks to regulate society’s conduct, is also highly dependent on many, many factors which inevitably finds the person asking the question being met with the answer “it depends”. What is Law? Google Definition: The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Merriam-Webster Definition: A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Classification of Law At its core, the classification of laws was divided into Criminal and Civil law. Criminal law is well known as it is the one where a jury is involved in a murder case or where offences such as larceny, rape, are prosecuted by the State. Then there is the Civil realm which deals with interpersonal conflicts: areas such as Tort, Contract, Property, inter alia (latin for ‘among other things’). However, what was a ‘simple’ classification, no longer is the case, if it was ever simple to begin with. Instead, many new areas of the law had to be developed to solve the difficulties of society’s everyday life. There is now Sports law, Space law, laws which treat with conflicts between two countries or territories. In short, the classification of law cannot be bundled into several areas only. It is forever being added to and combined in some areas. Criminal Law Civil Law - Contract, Tort, Property, Trusts, Succession, Insurance, Family, Company Constitutional Law International Law - Private and Public To note: This list is by no means exhaustive Introduction to Guyana’s Court System The Caribbean Court of Justice sits as our final court of appeal. Before a matter can be heard by the CCJ however, it must have passed through all the other courts below. The lowest court in Guyana, is colloquially termed “small court”. This is the Magistrate’s Court. A single Magistrate sits and determines if an accused is guilty or not guilty based on the evidence presented before him/her. In other instances, the Magistrate does not determine guilt or innocence but whether there is enough evidence led by the Prosecution which, when put before a jury, the jury can reasonably convict the accused. These are all related to criminal offences. It is to be noted that ALL criminal matters begin at the Magistrate’s Court. With regard to civil matters, the Magistrate determines liability in issues such as rent that is owing to a landlord, or Maintenance matters, inter alia. If a person is displeased with a Magistrate’s decision, subject to a few exceptions, that person who is displeased can appeal to the Full Court of Appeal. Not many people outside of those who practise law are aware that we have such a court. For instance, where an accused was found guilty of assault and was sentenced to imprisonment of 18 months, that convicted person can appeal to the Full Court to either have his conviction quashed or to have his sentence reduced. If the decision in the Full Court does not bring the party involved any satisfaction, then that party can further appeal to the Court of Appeal and then the CCJ. In the instance of matters beginning in the High Court, and this is often civil matters, the appeal will lie to the Court of Appeal and then to the CCJ. Sources of Law We are known to have adopted our laws from England. We took from sources of English Law and created our own in the framework of our own Constitution and Legislation. This does not mean that we are independent however. Judges still use many of the English principles when deciding the outcome of a dispute. Written Constitution - Supreme Source of Law in Guyana Legislation, also called, Statute or Act Judicial precedent, also called, common law or case law Equity Custom Conventions International Law Download 30.14 Kb. Share with your friends:
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