Law 101 Unit 1

The Constitution

Supreme law in the Commonwealth Caribbean?

Legislation

Laws made by Parliament; can revise, codify, and override common law.

Common law

Judge‑made law developed case by case, rooted in custom and colonization.

Equity

Separate body of law based on fairness, with maxims like “He who comes to equity must come with clean hands.

Judicial precedent

Doctrine of stare decisis; binding precedents must be followed, persuasive precedents may guide

Where the common law system originated

England, imposed on the Caribbean through colonization after 1066.

Common law’s system type

Adversarial: claimant vs defendant, judge as referee.

Role of judges

Apply precedent and interpret statutes, not create law.

Court that sits at the top of Jamaica

Judicial Committee of the Privy Council (JCPC); some states use the CCJ.

What comes next in hierarchy

Court of Appeal → Supreme/High Courts → Magistrates/Family/Juvenile Courts.

Importance of Hierarchy

Higher courts bind lower courts under the doctrine of precedent.

Difference between overruling and reversing

Overruling changes the legal principle; reversing only changes the outcome of one case.

Role of Parliament

Make laws; judges interpret them; executive enforces them (separation of powers)

Types of legislation

Acts of Parliament, Orders in Council, Delegated Legislation.

Can common law override statuses?

No; statutes prevail over common law.