Court Structure in Srilanka Essay Example for Free

solicit Structure in Srilanka EssayThe Supreme address is the highest and last(a) court of record, and exercises final gracious and criminal appellate jurisdiction. Litigants who do non agree with a decision of the original court, be it civil, criminal, or solicit of draw, whitethorn take the case before the Supreme hook, with permission from the motor lodge of Appeal, or picky permission from the Supreme tribunal. The Supreme butterfly, however, will only(prenominal) agree to consider cases involving a veritable legal issue. The Supreme Court is composed of a Chief Justice and not less than six, and not more than ten, another(prenominal) decide. Cases that f every nether the several jurisdictions of the Supreme Court be exercised, subject to render in the system, by a bench of at least three decide of the Supreme Court. gum olibanum different cases may be perceive at the same time by several judges of the Supreme Court sitting apart. Appeals of decisions of a heights Court Trial at Bar argon heard by a Bench of five or more Supreme Court judges. The Constitution provides for temporary restrictions on fundamental rights if national security issues ar involved. This determination and opinion of the Supreme Court should be by at least five judges of the Supreme Court, including the Chief Justice, except for in the event of the Chief Justices recusal. The Chief Justices recusal will upshot in another judge of the Supreme Court taking the Chief Justices place. The ingrained Councils approval is not required if the appointment is for a period of less than 14 days. The period of retirement for Supreme Court judges is 65 years.COURT OF APPEALThe Court of Appeal is the counterbalance appellate court for decisions of all original courts and certain Tribunals. The Court of Appeal is composed of the chairman of the Court, and not less than six, and not more than eleven other judges. M any(prenominal) cases at the Court of Appeal are presi ded everyplace by a single judge. The Court of Appeal hears appeals against concepts of the High Courts. It exercises appellate jurisdiction for the rectification of errors in fact or in law at a High Court, or any Court of first gear instance, or Tribunal, or other Institution.In addition to the jurisdiction to affirm, reverse, correct, or qualify a impression, the Court of Appeal may give directions to a Court of first instance, Tribunal, or other Institution, or order a new trial, or order additional hearings as the Court of Appeal deems appropriate. Even when there is no right of appeal from a particular court or tribunal, the Court of Appeal can exercise its fountains of revision and quash the original courts or tribunals order based on an error of law apparent in the record. 1The Court of Appeal, if appropriate, also has the authority to issue a get order and suspend proceedings in a lower court until the revision application is heard and determined.The Court of Appeal also has the authority to receive and admit new recite additional, or supplementary, to evidence already recorded in a court of first instance. Appeals of judgments, sentences and orders at a High Court Trial at Bar are forwarded directly to the Supreme Court by virtue of the grave of vicious Procedure (Amendment) Act, No.21 of 1988. The Court of Appeal, in exercising its cater to examine and reverse a judgment of any court of first instance, has the authority to examine any record of any court of first instance. The Court exercises jurisdiction to grant writs of habeas corpus in order to bring before the Court a person who has to be dealt with according to the law, or to bring before the Court a person illicitly or im strait-lacedly detained in public or private custody.Court of Appeal cases are immediately published in Sri Lanka Law Reports. As of October 2012, Court of Appeal cases from 1809 through 2005 are accessible online. rule section on Cases, Bills, and Acts.HIGH C OURTSTrials at a High Court are conducted by the democracy (Sri Lanka), through the Attorney-Generals Department. The Attorney-Generals Department prosecutes on behalf of the State. Murder trials and various disrespects against the State are tried and true at the High Court other criminal offenses are tried at a Magistrates Court. While some High Court trials will have a jury, some trials will not have a jury. The types of cases that require a jury are provided in the Second Schedule of the tourist court Act No.2 of 1978. Also, the Attorney-General has the authority to determine whether a case that does not fall into a category provided in the Second Schedule of the Judicature Act No.2 of 1978 should nonetheless have a jury. The Penal Code stipulates the types of cases argued in a High Court The Penal Code defines most of the criminal offenses known to our law.And the Code of Criminal Procedure Act. No 15 of 1979 sets out which of these offenses can be tried by each court High C ourt and Magistrates Court. The High Court is composed of not less than ten and not more than forty judges. This Court sits in 16 provinces in the country (16 High Courts). resolve of the High Court are official by the death chair of the Republic on the recommendation of the juridic value Commission, and in consultation with the Attorney-General. The President of the Republic, acting on the advice of the Judicial Service Commission, exercises authority in corrective matters concerning the High Court judges. The President may terminate the service of a High Court judge on the advice of the Judicial Service Commission.The Judicial Service Commission (JSC) was established by the enactment of Article 111D of the Constitution, incorporated by the seventeenth Amendment, which became effective on October 3, 2001. The JSC is composed of the Chief Justice (as Chairman) and two other judges of the Supreme Court appointed by the President of the Republic. The age of retirement for High Cou rt judges is 61.4. DISTRICT COURTS regulate Courts are the Courts of first instance for civil cases. District Courts have jurisdiction over all civil cases not expressly assigned to the primary feather Court or a Magistrates Court. Sri Lanka has 54 legal districts. Every District Court is a court of record and is vested with unlimited original jurisdiction in all civil, revenue, trust, insolvency and testamentary matters, other than issues that are assigned to any other court by law. accredited specific civil issues handled by the District Courts include i. Cases related to ownership of land.ii. Action by landlords to fire tenants.iii. Action to recover debts of more than Rs. 1,500.iv. Action in connection with trademark and patent rights, and infringement of secure laws. v. Claims for compensation of more than Rs. 1, 500 for injuries caused by negligence. vi. Divorce cases (Formerly, divorce cases were handled by the now defunct Family Courts). Judges of the District Courts a re appointed by the Judicial Service Commission (See section on High Courts for information on the JSC). The JSC has the power to dismiss and maintain disciplinary control over the District Court judges. The retirement age for District Court judges, generally, is 60 years.5. MAGISTRATES COURTSThe Magistrates Courts are established down the stairs the Judicature Act, No.2 of 1978. Each Judicial division has one Magistrates Court, and there are 74 judicial divisions in Sri Lanka. Each Magistrates Court is vested with original jurisdiction over criminal offenses (other than offenses committed aft(prenominal) indictment in the High Court.) In cases involving criminal law, the Magistrates Courts and the High Court are the only Courts with primary jurisdiction. The respective domains of these Courts are detailed in the Code of Criminal Procedure. Appeals from these courts of first instance may be made to the Court of Appeal and, under certain circumstances, to the Supreme Court, which e xercises final appellate jurisdiction. The spacious majority of the nations criminal cases are tried at the Magistrates Courts take aim, which forms the lowest level of the judicial system. Cases may be initiated at a Magistrates Court by any natural law ships officer or by anyone else making an oral or written complaint to the Magistrate.The Magistrate is empowered to stumble an initial investigation of the complaint, and to determine whether his or her Court has proper jurisdiction over the matter, whether the matter should be tried by the High Court, or whether the matter should be dismissed. If it is determined that the Magistrates Court has the proper jurisdiction over the matter, the prosecution may be conducted by the complainant (plaintiff), or by an officer of the Government, including the Attorney-General, the Solicitor-General, a state counsel, or any officer of any national or local politics office. At the trial, the accused has the right to call and cross-examine witnesses.Trials are conducted without a jury, and the verdict and sentence are given over by the Magistrate. Any party in a case who is in disagreement with a judgment has the right to appeal the judgment, on any point of law or fact, at the Court of Appeal. If the constabulary decide not to institute criminal proceedings in a Magistrates Court, the complainant has the preference of filing a private plaint, and the complainant may retain an attorney for this purpose. As indicated earlier, while withdraw trials and various offenses against the State (Sri Lanka) are tried in a High Court, other criminal offenses are tried in a Magistrates Court. The Penal Code defines which court, a Magistrates Court or a High Court, has the necessary jurisdiction (Code of Criminal Procedure Act No.15 of 1979).If a new offense is codified by law, for instance the Prevention of Terrorism Act, the relevant statute will indicate the personal manner of trial. The Magistrates Courts are ordinarily em powered to impose the following sentences A fine of up to Rs. (rupees) 1,500.00, and/or two years of rigorous or simple imprisonment, unless special pabulum vest the Magistrates Courts with the power to impose higher penalties. Magistrates are appointed by the Judicial Service Commission (JSC), and the Commission exercises disciplinary oversight over the judges, including the power of dismissal (See section on High Courts for information on the Judicial Service Commission). The retirement age for Magistrates Court judges, generally, is 60 years.6. PRIMARY COURTSEach capital Court is vested with the following jurisdictions I. Original civil jurisdiction over cases involving debt, damages, demands, or claims that do not exceed Rs. 1,500. Ii. Enforcement of by-laws by local authorities and disputes relating to recovery of revenue by these local authorities. iii. Exclusive criminal jurisdiction over cases relating to offenses prescribed by regulation by the Justice Minister. iv. Offen ses in violation of the provisions of any parliamentary Act, or subsidiary legislation, that is related to jurisdiction vested in the uncomplicated Courts. The Primary Courts are established under the Judicature Act, No.2 of 1978.There are seven Primary Courts One each in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya and Wennappuwa. In all other divisions, the Magistrates Court exercises the jurisdiction of the Primary Courts. Requests for revision of orders made by a Primary Court are handled by the High Court in that province. All Primary Court judges are appointed by the Judicial Service Commission (JSC), which is also vested with the power of dismissal of the Primary Court judges (See section on High Courts for information on the JSC). Generally, the retirement age for Primary Court judges is 60.7. MEDIATION BOARDSThe mediation Boards Act of 1995 and subsequent amendments govern these mediation aspects. The Minister has power to set up Mediation Boards and s et the areas that will come under such mediation boards. moneymaking(prenominal) mediations are reality now in SL. arbitration Is also another form of dispute resolution . Arbitration Act of 1995 and subsequent amendments govern the procedureTribunals- Labour Tribunal established under industrial Disputes Act provides provisions for the employees to institute action against employers. farming(a) Tribunals established under the Agrarian Services Act of 1979 enables settling disputes as to polish and related matters.Read Judicature Act , Constitution of Sri Lanka , Books on Legal System about Sri Lanka for further details. confab website of Minisrty of Justice as well to get current information8. OTHER COURTS AND TRIBUNALSThe other courts include the Kathi Court, the special tribunal that adjudicates on matrimonial matters relating to Muslims. Buddhist ecclesiastical matters that fall under the purview of the Buddhist Temporalities rule of 1931 are heard by the ordinary courts. D isciplinary matters pertaining to Buddhist clergy are handled by religious councils which are under the authority of the Buddhist priests themselves.There are numerous administrative tribunals, such as the inland Revenue Board of Appeal, The Workmens Compensation Tribunals, Labor Tribunals, the Board of Appeal under the Factories Ordinance, Tribunals under Agricultural Productivity Law, Labor Tribunals under the Wages Board Ordinance, etc. Most decisions of these tribunals can be appealed at the Court of Appeal when regarding a substantial question of law, the decision of the Court of Appeal may be taken up at the Supreme Court.REFERNCE http//www.nyulawglobal.org/globalex/sri_lanka.htm http//www1.umn.edu/humanrts/research/srilanka/legalsystem.html http//www.nationsencyclopedia.com/Asia-and-Oceania/Sri-Lanka-JUDICIAL-SYSTEM.htmlixzz2KPq331RT