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2 Year Programme

The 2 Year Programme is designed for persons who have obtained a University of  the West Indies LL.B degree or persons who hold a degree from a University or Institution which is recognized by the Council as being the equivalent to that of the University of the West Indies LL.B degree. Upon successful completion of the programme, candidates are awarded a Legal Education Certificate (L.E.C.).

The subjects of the courses in the 2 Year Programme and for the examinations for the Legal Education Certificate are:

SYLLABUS YEAR 1

Civil Procedure and Practice I


Practice and procedure in summary courts, including family and affiliation matters and proceedings for enforcement of judgments and orders and appeals. Practice and procedure in the Supreme Court of Judicature at first instance and in Special Tribunals. Family Law Practice and Procedure including trial of undefended matters in common law and civil law systems and status of children. Initiation of proceedings, writs, petitions, motions, summonses and other originating process. Pleadings, Interlocutory applications. Summary Judgment.

Criminal Practice and Procedure


Practice and procedure in summary courts created by statute. Preliminary inquiries and similar process. Coroners’ Inquest. Appeals from summary courts. Practice and procedure in higher courts -indictments, information, trial by jury, verdict, sentence, compensation and costs in criminal cases. Appeals to Courts of Appeal from conviction on indictment or information. Powers of Courts of Appeal, application of the proviso in criminal appeals. Rights, obligations, powers and duties of Police. General principles relating to punishment Prisons, Borstals, Juvenile detention centres, probations, suspended sentences, fines, bonds. Appeals to the Judicial Committee of the Privy Council, as of right, by leave of Courts of Appeal, by special leave of the Judicial Committee. Procedure in appeals to the Privy Council.

Constitutional Law*


Main constitutional principles and policies in the Commonwealth Caribbean, including the concept of entrenchment, mechanisms of entrenchment and consequences of entrenchment. The separation of powers concept in the Commonwealth Caribbean, including different aspects of Hinds v. R; independence of the judiciary; constitutional supremacy; the rule of law issues (including Hochoy v. NUGE and Collymore v. A.G.); savings clauses.  The structure of Government in the Westminster Export Model, including the nature and functions of the different branches of Government, the position of Governor-General/President, and the role of Services Commissions. Fundamental rights and freedoms, contents and structure, comparisons, enforcement provisions, economic and social rights.  Issues concerning constitutional reform.

* For holders of non-University of the West Indies LLB.

Evidence, Civil and Criminal including Forensic Medicine


The general principles of the English common law of evidence. Res gestae. The rule against hearsay declarations; confessions, statutory variations of the common law in relation to the admissibility of evidence, competence and compellability, oaths and affirmations, proof of documents, judicial notice, primary and secondary evidence. Unsworn testimony. Convictions as evidence in civil cases. Usage of words in West Indian speech. The oath as a vehicle to truth. Forensic Medicine. General Principles of medical jurisprudence and toxicology. Medical evidence in civil and criminal cases.

Law and Legal Systems of the Caribbean*


General issues concerning the nature of law in the Commonwealth Caribbean, including the role of law in development.  The origin and development of the present system of law in the Commonwealth Caribbean, common law and civil law traditions.  The sources of law in the Commonwealth Caribbean, doctrine of precedent, binding and persuasive authority, and the provenance of International Law. The Court structure, including the hierarchy of courts and jurisdiction of the various courts.Issues concerning the roles and operation of the Judicial Committee of the Privy Council and the Caribbean Court of Justice.  The origin, development and functioning of specialized courts, tribunals and other institutions of law.
* For holders of non-University of the West Indies LLB.

Landlord and Tenant


The general principles of the English Law of landlord and tenant, share cropping, agricultural contracts, agricultural holdings, security of tenure, statutory regulation and control of leases and tenancies in the West Indies. Chattel houses. Movable and immovable dwellings. Assignments of leasehold interests and tenancies. Damage for wrongful or forceful ejectment.

Legal Drafting and Interpretation


The techniques of drafting legislation and documents with legislative effect. Use of language in the West Indies. Legislative recognition of customs and practices. The drafting of deeds, wills and other documents. The general principles of interpretation of deeds, statutes and other instruments. The interpretation of Constitutional Instruments. The writing of opinions, decisions and judgments.

Law of Remedies


General and special damages in contract and tort. Pleadings and proof. Calculation and assessment of damages in cases of personal injury and death. Judicial trends in the West Indies. Apportionment of damages. Remoteness.

Advocacy


General advocacy (including court room etiquette); negotiation and alternative dispute resolution; interviewing clients; and preparation of cases for litigation and settlement.

Court Attendance


Attendance at court under a programme of court attendance to be drawn up by the Principal.

In Service Training


The In Service Training is approved by the Principal for the purpose of providing an opportunity for the student to advance his or her professional competence.

SYLLABUS YEAR 2

Civil Procedure and Practice II


Determination of Proceedings without Trial. Preparation for Trial. Trial, judgment and orders Enforcement of judgment and orders. Equitable Remedies and Prerogative Orders. Restitution. Costs. Review of taxation of costs. Appeals in relation to costs. Appeals from courts of first instance including interlocutory applications in appeals, security for costs, stay of execution of judgments appealed from, dismissal of appeals for non-compliance with rules, reinstatement. Hearing and Judgment. Costs of appeal. Appeals to the Judicial Committee of the Privy Council, as of right, by leave of Courts of Appeal and by special leave of the Judicial Committee. Practice and procedure in appeals to the Judicial Committee. The Practice relating to the formation, operation and dissolution of companies and other associations. The practice and procedure in contentious matters in Probate and Administration proceedings.

Conveyancing and Registration of Title

General principles of conveyancing in relation to freehold, leasehold and other interests in the civil and common law systems of the West Indies including indigenous developments in both systems. The acquisition of title and land registration. The Torrens System, the Roman-Dutch system of conveyancing. Title registers. Practice and procedure in relation to the acquisition of interests in land by judicial process. Vesting of property under statute. Legislation relating to housing, town and country planning and compulsory acquisition of land. Crown and state land tenures and interests. Restrictive convenants and their modification and variation. Prescription, Mortgages, charges, liens and hypothecs.

Ethics, Rights and Obligations of the Legal Profession

The status of members of the legal profession as officers of the Courts, independence of members of the legal profession, duties to the Court, clients, the public and the profession, the ethics of the legal profession; obligations to the public to promote the rule of law and to support the creation and maintenance of an independent judiciary; the role of the legal profession in aiding members of the public to secure adequate representation in legal proceedings, representation in matters in forma pauperis. Solicitors’ practice. Advocacy. Legal Aid.

Law Office Management, Accounting and Technology

General principles of office management. Book-keeping and accounts. Double entry book-keeping. The interpretation of balance sheets. Accounts generally and the separation of clients’ accounts from personal accounts. The preparation of bills of cost in legal proceedings. Records, filing and safekeeping of clients’ documents. Taxation of professional men. Duty to make tax returns. Professional advice on taxation.

Probate Practice and Procedure

The general principles of the law regulating testate and intestate succession in the common and civil law systems of the West Indies. Wills, intestacy and the administration and winding-up of the estate of deceased persons. The administration of trusts and settlements. Practice and procedure in non-contentious matters in probate and administration proceedings.

Advocacy

General advocacy (including court room etiquette); negotiation and alternative dispute resolution; interviewing clients; and preparation of cases for litigation and settlement.

Legal Aid Clinic


Legal Aid is mandatory for all Year II students as a part of their clinical training programme.