LAW

Question 1

What kind of jurisdiction is St Lucia in

Answer 1

St Lucia is a common law jurisdiction, in
which precedents from English law and British Commonwealth tradition
may be taken into account.

Question 2

What are the three levels of courts

Answer 2

There are three levels of courts in St Lucia, structured as follows:
1. The Magistrates’ Courts
2. The Eastern Caribbean Supreme Court, made up of:
a. High Court of Justice
b. The Court of Appeal
3. Caribbean Court of Justice, which replaced the Judicial Committee of the Privy Council in 2022 in cases originating from St Lucia.

Question 3

Magistrates Court

Answer 3

Magistrates Court aka lower court have of summary jurisdiction dealing with civil family and criminal matters . They deal with these cases in a streamlined and expedited manner without the need of a full and formal trial. They also tend to settle matters of Contract and Tort Law of claims under or equals to $10,000

Question 4

Eastern Caribbean Supreme Court

Answer 4

The Eastern Caribbean Supreme Court (ECSC) is a superior court of
record for the Organisation of Eastern Caribbean States (OECS), i

Question 5

Functions of the ECSC

Answer 5

• To interpret and apply the laws of the various member states
  of the OECS;
• To decide cases of both civil and criminal matters;
• To hear appeals

Question 6

High Court of ECSC

Answer 6

The High Court of the Eastern Caribbean Supreme Court has a more
expansive jurisdiction than the magistrates’ courts – dealing with serious
civil and criminal matters and together with the Court of Appeal, acting as
a Court of Appeal for matters coming from the magistrate courts.

Question 7

Where do all criminal cases start

Answer 7

the Magistrates Court

Question 8

Indictable cases

Answer 8

Cases which require a formal trial as they are serious offenses

Question 9

Prima Facie

Answer 9

in both civil and criminal law, the term is used to denote
that, upon initial examination, a legal claim has sufficient evidence to
proceed to trial or judgment.

Question 10

How many judges do the High Courts have

Answer 10

16

Question 11

Court of Appeal of ECSC

Answer 11

is
itinerant, traveling to each Member State and Territory, where it sits at
various specified dates during the year to hear appeals from the decisions
of the High Court and Magistrates Courts in Member States in both civil and
criminal matters

Question 12

The Eastern Caribbean Supreme Court is composed of

Answer 12

• the Chief Justice, who is the Head of the Judiciary,
• six (6) Justices of Appeal,
• High Court Judges; and
• High Court Masters, who are primarily responsible for procedural and
  interlocutory matters.

Question 13

Caribbean Court of Justice

Answer 13

The Constitution places the Caribbean Court of Justice at the pinnacle of
the St Lucian judicial system. St Lucia recognises the Caribbean Court of
Justice as their final court of appeal.

Question 14

The Caribbean Court of Justice has two jurisdictions

Answer 14

Original Jurisdiction
Appellate Jurisdiction

Question 15

In its original jurisdiction, the CCJ

Answer 15

interprets and applies the Revised
Treaty of Chaguaramas (which established the Caribbean Community), and
is an international court with compulsory and exclusive jurisdiction in
respect of the interpretation of the treaty.

Question 16

In its appellate jurisdiction, the CCJ

Answer 16

the CCJ hears appeals as the court of last
resort in both civil and criminal matters from those member states which
have ceased to allow appeals to the Judicial Committee of the Privy
Council (JCPC).

Question 17

Explain how the CCJ is supposed to be a hybrid institution

Answer 17

The CCJ is intended to be a hybrid institution: a municipal court of last
resort and an international court vested with original, compulsory and
exclusive jurisdiction in respect of the interpretation and application of
the Revised Treaty of Chaguaramas.

In the exercise of this original jurisdiction, the CCJ discharges the functions
of an international tribunal, applying rules of international law in respect
of the interpretation and application of the treaty. The CCJ thus performs
similarly to the European Court of Justice, EFTA Court, East African Court
of Justice, the ECOWAS Community Court of Justice, the Andean Court of
Justice and the International Court of Justice.
[6

As a municipal court of last resort, it exercises an appellate jurisdiction,
as a final court of appeal for CARICOM member states, replacing
the Judicial Committee of the Privy Council (JCPC) for Anglophone member
states. In the exercise of its appellate jurisdiction, the CCJ hears appeals
from common law courts within the jurisdictions of parties to the
Agreement Establishing the CCJ, and is the highest municipal court in the
region.