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The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of the Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President. [1]
Proceedings are all instituted in the name of the King in the Supreme Court and in the name of the Commissioner of Police in the Magistrate's Court. The Magistrate's Court hears summary matters or indictable matters, which may be heard summarily. Stipendiary and Circuit Magistrates have jurisdiction to impose a maximum sentence of five years. They also conduct preliminary inquiries in indictable matters to determine whether a prima facie case has been made against an accused person. If a prima facie case is made out, the accused is committed to the Supreme Court to stand trial. If the person is tried and convicted in the Magistrate's Court, an appeal lies to the Supreme Court or to the Court of Appeal, depending on the nature of the offence. An appeal may lie from the Court of Appeal to the Judicial Committee of His Majesty's Privy Council, which is the highest Court of Appeal in the Bahamas. [2]
Most civil cases are heard solely by a judge. Appeals from final judgments of the Supreme Court in civil cases lie as of right to the Court of Appeal, and with the leave of the Court of Appeal and Supreme Court in some interlocutory matters or further appeals from Tribunals. Stipendiary and Circuit Magistrates can also hear and determine Civil cases if the amount claimed does not exceed BS$5,000.00... [2]
The Court of Appeal is made up of a President, the Chief Justice who, as head of the judiciary, is an ex officio member of the Court and sits at the invitation of the President, and not less than two and not more than four Justices of Appeal. The Court has jurisdiction to hear and determine appeals from judgments, orders and sentences made by the Supreme Court. The Court of Appeal also has the jurisdiction to hear and determine appeals from matters in a magisterial court in respect of indictable offences triable summarily on the grounds that - (i) the court had no jurisdiction or exceeded its jurisdiction in the matter; (ii) the decision was unreasonable, could not be supported by the evidence or was erroneous in point of law; (iii) the decision of the magistrate or the sentence passed was based on a wrong principle; (iv) some material illegality occurred affecting the merits of the case; or (v) the sentence was too severe or lenient.
The Supreme Court is the third highest court in the adjudicative hierarchy of the Bahamas. The Supreme Court is made up of a Chief Justice and not more than eleven and not less than two Justices of the Court. The Chief Justice is appointed by The Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Justices of the Supreme Court are appointed by The Governor-General on the advice of the Judicial and Legal Service Commission.
The Supreme Court has unlimited original jurisdiction in civil and criminal causes and matters and an appellate jurisdiction conferred on it by the Supreme Court Act, 1996 or any other law, which includes appeals from the Magistrates’ Court. Appeals made by the Supreme Court can be struck down by the Court of Appeal, which is the highest domestic court in the Bahamas; appeals can be made from either court to the Judicial Committee of the Privy Council, which is the highest court for the country.
The Magistrate's Court is the lowest court in the Bahamas. This Court is the primary court for many civil and criminal cases. Magistrates are appointed by the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission. This court is presided over by Stipendiary and Circuit Magistrates, including the Chief Magistrate and two Deputy Chief Magistrates. At some times the Magistrates from New Providence also go on circuit to the other Islands where there is no resident Magistrate or in cases where the resident magistrate is unable, for whatever reason, to hear a case.
A Magistrate has jurisdiction to try all summary offences, investigate all charges of indictable offences and to hear and determine any civil cause where the amount to be recovered or the value of the property in dispute does not exceed $5,000.00, unless a statute provides jurisdiction in relation to a higher amount. There are also dedicated Magistrate's Courts for juvenile cases, family/domestic matters, drug offences and gun offences.
The Industrial Tribunal is made up of three members that have been appointed by the Governor-General acting on the advice of the Judicial and Legal Service Commission. The Tribunal has the power to hear and determine trade disputes, register industrial agreements, hear and determine cases relating to the registration of such agreements, make orders or awards and award compensation on complaints brought and proved before the Tribunal.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
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, magistrate is a word applied to a person 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, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The District Court of Western Australia is the intermediate court in Western Australia. The District Court commenced in 1970, amid additional stress placed on the existing Magistrates Court and Supreme Court due to the increasing population of Western Australia. At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones.
The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law after the handover of Hong Kong.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).
The Circuit Court of Ireland is an intermediate level court of local and limited jurisdiction which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the Central Criminal Court or the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €75,000. The Circuit Court also hears de novo appeals from the District Court in both civil and criminal matters.
The Provincial Court of Saskatchewan is the provincial court of record for the province of Saskatchewan. It hears matters relating to criminal law, youth law, civil law, family law, traffic law and municipal bylaws.
The Local Court of the Northern Territory is one of two levels of court in the Northern Territory of Australia. It has jurisdiction in civil disputes up to A$250,000, and in criminal cases in the trial of summary offences, and also deals with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory. There are local courts held in Darwin, Alice Springs, Katherine, Tennant Creek, and some "bush courts" in remote locations.
The Children's Court of Queensland is a specialized court in Queensland, a state of Australia which deals with serious crimes committed by children under the age of seventeen years in the state.
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The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.
The Courts of Guernsey are responsible for the administration of justice in the Bailiwick of Guernsey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law dating back as far as the 10th century and legislation passed by the legislature, the States of Deliberation.
The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.