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 Common Law

 
Jamaica, like Britain and her former colonies, operates under a Common Law legal system. This means that the law is developed based on the decisions of previous cases, or precedent. The guiding idea behind common law is that it is unfair to treat similar cases differently.  
 
Jamaica also has Statuary laws, or legislation, which are a fixed set of rules passed by the other 2 branches of government, Parliament (the Legislature) and the Prime Minister (the Executive). These laws have their own courts, which are discussed below in “The Courts.”
 
Other legal systems currently used in the world are Civic and Religious Law. Civic Law (practiced across mainland Europe and its former colonies) is based chiefly on a set of rules like the Napoleonic or Roman codes of law; and Religious Law (practiced mostly in Middle Eastern countries) whose most popular form is Sharia Law that is based on the teachings of the Islamic faith.
 
 

 The Courts

There are five levels of court in the Jamaican legal system. The lower two levels  were created by statutes passed by the Jamaican Parliament and they use statutes, not precedent, to try minor cases.  Petty Sessions, presided over by Justices of the Peace (JPs), is the lower of these two levels. Petty Sessions, which require two JPs to be present, deal with minor cases.

 
 

Above the Petty Sessions is the Resident Magistrates Court.  On the same level as the RM Court are the specialized courts: Traffic, Gun, Drug, Coroner’s, Night, Tax, Family, Juvenile, and Small Claims Courts. 

 
 
The Supreme Court is the third level of court on the island, and the first that abides by the Common Law Legal System. The Chief Justice of the island presides over the Supreme Court, which is composed of Puisne (pew-nee) Judges. This is the first court that hears serious cases like rape, murder, treason, and any case involving a sum of more than J$250,000.
 
The Court of Appeal hears appeals from both the Resident Magistrate’s Court (and other statuary courts) and Supreme Court. It is the most superior court in Jamaica.
 
Under exceptional circumstances, a Jamaican case may be appealed even further than the Court of Appeals.  Such circumstances would see the case appear before Her Majesty’s Privy Council in England. The Caribbean Court of Justice, should it be widely accepted, would replace the Privy Council as the region’s highest court.
 
 
      The Lawyers            

In Jamaica there are 2 legal organizations of note: The General Legal Council and the Jamaican Bar Association.  

 

From the General Legal Council:

Prior to the passage of the Legal Profession Act 1972, there were two sets of lawyers. They were known as solicitors and barristers. The Act abolished those distinctions, and all lawyers were hence forward referred to as attorneys-at-law. The Legal Profession Act created the statutory body known as the General Legal Council.
 
The General Legal Council is comprised of seventeen members. Fourteen of these members are legal practitioners nominated by the Council of the Jamaican Bar Association, the Chief Justice or her nominee, the Attorney General or her nominee, and one nominee of the Minister of Justice. All nominated members are appointed by the Minister of Justice after being recommended by the relevant person or body.All members serve for a period of three years and are eligible for re-election. The General Legal Council appoints its chairman from among its members. The Council has been given the statutory mandate and responsibility under section 3 of the Legal Profession Act to:
  • Organise legal education.

  • Uphold standards of professional conduct.

 

The Prime Minister and Parliament

 

 
The Courts make up one third of the Government of Jamaica, namely the Judiciary. The other two branches of governments—the Executive (Prime Minister) and Legislature (Parliament)—also play an important role in the legal system of the island. 
 
The Petty Sessions, Resident Magistrate’s and all other similar courts are the creation of Statute, that is, they have been created by acts of law created by either the Legislature or Executive. 
 
A key player in the legal world is the Ministry of Justice. To see all the laws passed by Jamaican Parliament and for an in depth explanation of the role of the MoJ and the Attorney General see here.