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 LL.B.

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.

Laws 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 LL.B.

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. This course has a significant practical dimension, including the holding of full mock-trials.

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.