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Courts Of Sri Lanka
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka. The judiciary consist of the Supreme Court, the Court of Appeal, the High Court, district court (Sri Lanka)s, magistrate's court (Sri Lanka)s, and primary courts. Although provisions are there for trials for serious offences to be held before a jury, at present all cases are heard before professional judges. Introduction The current system of courts is defined by the Judicature Act No 02 of 1978. However, the modern form of the European form of justice originated during the Dutch colonial occupation of the coastal areas of Sri Lanka ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Court
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the military, armed forces subject to Military justice, military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoner of war, prisoners of war for war crimes. The Geneva Conventions require that Prisoner of war, POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surroundin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Dispute
A labor dispute is a disagreement between an employer and employees regarding the terms of employment. This could include disputes regarding conditions of employment, fringe benefits, hours of work, tenure, and wages to be negotiated during collective bargaining, or the implementation of already agreed upon terms. It could further concern the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment. Prevention Preventing labor disputes involves coordinating actions at multiple levels, including: Publicity Through the multi-channel and multi-level promotion of policies and regulations to ensure that the employer knows the law, workers' rights activists should know how to deal with the social and cultural environment. Collective bargaining In countries such as the US, the workforce can form unions, strike Strike may refer to: People * Strike (surname) Physical confrontation or removal *Strike (attack), attack w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were members, '' ex officio'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lower Court
A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or some of appellate court lower in rank than the supreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries where precedents have no binding power. See also Some of common law countries use term 'lower court' or 'inferior court' as antonym for 'superior court', meaning such lower courts have only limited jurisdiction according to importance of case (usually decided by monetary amount of claims). For information on this kind of courts, see Small claims court and superior cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of First Instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Council
The Parliamentary Council was a constitutional authority in Sri Lanka established under the 18th Amendment to the Constitution of Sri Lanka. Formally being constituted on January 1, 2011 as per the 18th Amendment, it replaces the Constitutional Council that was established under the 17th Amendment. After Maithripala Sirisena was elected President, Prime Minister Ranil Wickremesinghe presented the new reforms to reinstate a new Constitutional Council in 2015 under the Nineteenth Amendment. Powers and tasks Compared to the ten member Constitutional Council, which made approval of names of nominees to the independent committees/commissions mandatory; the Parliamentary Council has powers only to recommend persons to the independent committees. The sole authority of appointing members of the independent committees was vested with the President of Sri Lanka and while he is needed to seek the observations of the council, its decisions are not binding. Commissions The Council recommen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of Sri Lanka
The Chief Justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the Chief Justice is one of ten Supreme Court justices; the other nine are the Puisne Justices of the Supreme Court of Sri Lanka. The post was created in 1801. The Chief Justice is nominated by the Constitutional Council, and appointed by the President. The first Chief Justice was Codrington Edmund Carrington. The 47th and current Chief Justice is Jayantha Jayasuriya. History The office of Chief Justice traces its origins back with the founding the Royal Charter of Justice of 1801 (Now this provision are as set out in the Constitution of Sri Lanka) by the United Kingdom. With the establishment of the Supreme Court it was to consist of one principal Judge who shall be called "The Chief Justice of the Supreme Court of Judicature in the Island of Ceylon" and One other Judge, who was to be called "The Puisne Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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