Court Structure in Srilanka Essay Example for Free

Court Structure in Srilanka Essay The Supreme Court is the highest and final court of record, and exercises final civil and criminal appellate jurisdiction. Litigants who do not agree with a decision of the original court, be it civil, criminal, or Court of Appeal, may take the case before the Supreme Court, with permission from the Court of Appeal, or special permission from the Supreme Court. The Supreme Court, however, will only agree to consider cases involving a substantial legal issue. The Supreme Court is composed of a Chief Justice and not less than six, and not more than ten, other judges. Cases that fall under the several jurisdictions of the Supreme Court are exercised, subject to provisions in the Constitution, by a bench of at least three judges of the Supreme Court. Thus different cases may be heard at the same time by several judges of the Supreme Court sitting apart. Appeals of decisions of a High Court Trial at Bar are heard by a Bench of five or more Supreme Court judges. The Constitution provides for temporary restrictions on fundamental rights if national security issues are involved. This determination and opinion of the Supreme Court should be by at least five judges of the Supreme Court, including the Chief Justice, except for in the event of the Chief Justice’s recusal. The Chief Justice’s recusal will result in another judge of the Supreme Court taking the Chief Justice’s place. The Constitutional Council’s approval is not required if the appointment is for a period of less than 14 days. The age of retirement for Supreme Court judges is 65 years. COURT OF APPEAL The Court of Appeal is the first appellate court for decisions of all original courts and certain Tribunals. The Court of Appeal is composed of the President of the Court, and not less than six, and not more than eleven other judges. Many cases at the Court of Appeal are presided over by a single judge. The Court of Appeal hears appeals against judgments of the High Courts. It exercises appellate jurisdiction for the correction of errors in fact or in law at a High Court, or any Court of first instance, or Tribunal, or other Institution. In addition to the jurisdiction to affirm, reverse, correct, or modify a judgment, the Court of Appeal may give directions to a Court of first instance, Tribunal, or other Institution, or order a new trial, or order additional hearings as the Court of Appeal deems appropriate. â€Å"Even when there is no right of appeal from a particular court or tribunal, [the Court of Appeal] can exercise [its] powers of ‘revision’ and quash the original court’s or tribunal’s order [based on] an error of law apparent [in] the record.† 1The Court of Appeal, if appropriate, also has the authority to issue a ‘stay order’ and suspend proceedings in a lower court until the revision application is heard and determined. The Court of Appeal also has the authority to receive and admit new evidence additional, or supplementary, to evidence already recorded in a court of first instance. Appeals of judgments, sentences and orders at a High Court Trial at Bar are forwarded directly to the Supreme Court by virtue of the Code of Criminal Procedure (Amendment) Act, No.21 of 1988. The Court of Appeal, in exercising its power to examine and reverse a judgment of any court of first instance, has the authority to examine any record of any court of first instance. The Court exercises jurisdiction to grant writs of habeas corpus in order to bring before the Court a person who has to be dealt with according to the law, or to bring before the Court a person illegally or improperly detained in public or private custody. Court of Appeal cases are now published in Sri Lanka Law Reports. As of October 2012, Court of Appeal cases from 1809 through 2005 are accessible online. See section on Cases, Bills, and Acts. HIGH COURTS Trials at a High Court are conducted by the State (Sri Lanka), through the Attorney-General’s Department. The Attorney-General’s Department prosecutes on behalf of the State. Murder trials and various offenses against the State are tried at the High Court; other criminal offenses are tried at a Magistrate’s Court. While some High Court trials will have a jury, some trials will not have a jury. The types of cases that require a jury are provided in the Second Schedule of the Judicature Act No.2 of 1978. Also, the Attorney-General has the authority to determine whether a case that does not fall into a category provided in the Second Schedule of the Judicature Act No.2 of 1978 should nonetheless have a jury. The Penal Code stipulates the types of cases argued in a High Court: â€Å"The Penal Code defines most of the criminal offenses known to our law. And the Code of Criminal Procedure Act. No: 15 of 1979 sets out which of these offenses [can be tried] by each court [High Court and Magistrate’s Court].† The High Court is composed of not less than ten and not more than forty judges. This Court sits in 16 provinces in the country (16 High Courts). Judges of the High Court are appointed by the President of the Republic on the recommendation of the Judicial Service Commission, and in consultation with the Attorney-General. The President of the Republic, acting on the advice of the Judicial Service Commission, exercises authority in disciplinary matters concerning the High Court judges. The President may terminate the service of a High Court judge on the advice of the Judicial Service Commission. The Judicial Service Commission (JSC) was established by the enactment of Article 111D of the Constitution, incorporated by the 17th Amendment, which became effective on October 3, 2001. The JSC is composed of the Chief Justice (as Chairman) and two other judges of the Supreme Court appointed by the President of the Republic. The age of retirement for High Court judges is 61. 4. DISTRICT COURTS District Courts are the Courts of first instance for civil cases. District Courts have jurisdiction over all civil cases not expressly assigned to the Primary Court or a Magistrate’s Court. Sri Lanka has 54 judicial districts. Every District Court is a court of record and is vested with unlimited original jurisdiction in all civil, revenue, trust, insolvency and testamentary matters, other than issues that are assigned to any other court by law. Certain specific civil issues handled by the District Courts include: i. Cases related to ownership of land. ii. Action by landlords to eject tenants. iii. Action to recover debts of more than Rs. 1,500. iv. Action in connection with trademark and patent rights, and infringement of copyright laws. v. Claims for compensation of more than Rs. 1, 500 for injuries caused by negligence. vi. Divorce cases (Formerly, divorce cases were handled by the now defunct Family Courts). Judges of the District Courts are appointed by the Judicial Service Commission (See section on High Courts for information on the JSC). The JSC has the power to dismiss and maintain disciplinary control over the District Court judges. The retirement age for District Court judges, generally, is 60 years. 5. MAGISTRATE’S COURTS The Magistrate’s Courts are established under the Judicature Act, No.2 of 1978. Each Judicial division has one Magistrate’s Court, and there are 74 judicial divisions in Sri Lanka. Each Magistrate’s Court is vested with original jurisdiction over criminal offenses (other than offenses committed after indictment in the High Court.) In cases involving criminal law, the Magistrate’s Courts and the High Court are the only Courts with primary jurisdiction. The respective domains of these Courts are detailed in the Code of Criminal Procedure. Appeals from these courts of first instance may be made to the Court of Appeal and, under certain circumstances, to the Supreme Court, which exercises final appellate jurisdiction. The vast majority of the nation’s criminal cases are tried at the Magistrate’s Courts level, which forms the lowest level of the judicial system. Cases may be initiated at a Magistrate’s Court by any police officer or by anyo ne else making an oral or written complaint to the Magistrate. The Magistrate is empowered to make an initial investigation of the complaint, and to determine whether his or her Court has proper jurisdiction over the matter, whether the matter should be tried by the High Court, or whether the matter should be dismissed. If it is determined that the Magistrate’s Court has the proper jurisdiction over the matter, the prosecution may be conducted by the complainant (plaintiff), or by an officer of the Government, including the Attorney-General, the Solicitor-General, a state counsel, or any officer of any national or local government office. At the trial, the accused has the right to call and cross-examine witnesses. Trials are conducted without a jury, and the verdict and sentence are given by the Magistrate. Any party in a case who is in disagreement with a judgment has the right to appeal the judgment, on any point of law or fact, at the Court of Appeal. If the police decide not to institute criminal proceedings in a Magistrate’s Court, the complainant has the option of filing a private plaint, and the complainant may retain an attorney for this purpose. As indicated earlier, while murder trials and various offenses against the State (Sri Lanka) are tried in a High Court, other criminal offenses are tried in a Magistrate’s Court. The Penal Code defines which court, a Magistrate’s Court or a High Court, has the necessary jurisdiction (Code of Criminal Procedure Act No.15 of 1979). If a new offense is codified by law, for instance the Prevention of Terrorism Act, the relevant statute will indicate the manner of trial. The Magistrate’s Courts are ordinarily empowered to impose the following sentences: A fine of up to Rs. (rupees) 1,500.00, and/or two years of rigorous or simple imprisonment, unless special provisions vest the Magistrate’s Courts with the power to impose higher penalties. Magistrates are appointed by the Judicial Service Commission (JSC), and the Commission exercises disciplinary oversight over the judges, including the power of dismissal (See section on High Courts for information on the Judicial Service Commission). The retirement age for Magistrate’s Court judges, generally, is 60 years. 6. PRIMARY COURTS Each Primary Court is vested with the following jurisdictions: I. Original civil jurisdiction over cases involving debt, damages, demands, or claims that do not exceed Rs. 1,500. Ii. Enforcement of by-laws by local authorities and disputes relating to recovery of revenue by these local authorities. iii. Exclusive criminal jurisdiction over cases relating to offenses â€Å"prescribed† by regulation by the Justice Minister. iv. Offenses in violation of the provisions of any Parliamentary Act, or subsidiary legislation, that is related to jurisdiction vested in the Primary Courts. The Primary Courts are established under the Judicature Act, No.2 of 1978. There are seven Primary Courts: One each in Anamaduwa, Angunukolapelessa, Kandy, Mallakam, Pilessa, Wellawaya and Wennappuwa. In all other divisions, the Magistrate’s Court exercises the jurisdiction of the Primary Courts. Requests for revision of orders made by a Primary Court are handled by the High Court in that province. All Primary Court judges are appointed by the Judicial Service Commission (JSC), which is also vested with the power of dismissal of the Primary Court judges (See section on â€Å"High Courts† for information on the JSC). Generally, the retirement age for Primary Court judges is 60. 7. MEDIATION BOARDS The mediation Boards Act of 1995 and subsequent amendments govern these mediation aspects. The Minister has power to set up Mediation Boards and set the areas that will come under such mediation boards. Commercial mediations are reality now in SL.Arbitration ; Is also another form of dispute resolution . Arbitration Act of 1995 and subsequent amendments govern the procedureTribunals- Labour Tribunal established under industrial Disputes Act provides provisions for the employees to institute action against employers.Agricultural Tribunals established under the Agrarian Services Act of 1979 enables settling disputes as to cultivation and related matters.Read Judicature Act , Constitution of Sri Lanka , Books on Legal System about Sri Lanka for further details. Visit website of Minisrty of Justice as well to get current information 8. OTHER COURTS AND TRIBUNALS The other courts include the Kathi Court, the special tribunal that adjudicates on matrimonial matters relating to Muslims. Buddhist ecclesiastical matters that fall under the purview of the Buddhist Temporalities Ordinance of 1931 are heard by the ordinary courts. Disciplinary matters pertaining to Buddhist clergy are handled by religious councils which are under the authority of the Buddhist priests themselves. There are numerous administrative tribunals, such as the Inland Revenue Board of Appeal, The Workmen’s Compensation Tribunals, Labor Tribunals, the Board of Appeal under the Factories Ordinance, Tribunals under Agricultural Productivity Law, Labor Tribunals under the Wages Board Ordinance, etc. Most decisions of these tribunals can be appealed at the Court of Appeal; when regarding a substantial question of law, the decision of the Court of Appeal may be taken up at the Supreme Court. REFERNCE âž ¢ http://www.nyulawglobal.org/globalex/sri_lanka.htm âž ¢ http://www1.umn.edu/humanrts/research/srilanka/legalsystem.html âž ¢ http://www.nationsencyclopedia.com/Asia-and-Oceania/Sri-Lanka-JUDICIAL-SYSTEM.html#ixzz2KPq331RT

Morality Essay examples -- essays research papers

Morality is a hard term to define and decipher because there are so many things that have to be taken into account. If you line up a group of ten people and bring up a morality issue, you will mostly likely get different answers. People all over the world have many different beliefs and are raised to stand by those beliefs. Abortion is one of the hot topics in our country and a big moral issue. There are people who believe abortion is murder and completely, morally wrong. Then there are other people who believe that it isn’t wrong and it isn’t murder. Which one of these groups of people is right? Neither. The definition of morality is descriptively to refer to a code of conduct put forward by a society, or some other group, such as a religion or accepted by an individual for their own behavior. Neither of the beliefs about abortion are right or wrong because morality is a code of conduct and no one person can be told to believe in that conduct. Religion also plays a bi g role in morals and by living in the United States; everyone has the right to freedom of religion. But then there are also people who do not believe in religion. We, as citizens of the United States have the right to believe what we want, have our own morals and defend those morals and beliefs.   Ã‚  Ã‚  Ã‚  Ã‚  Abortion, stem cell research and cloning are examples of moral issues that are scientific and human beings control them. Whatever your belief on any of those afore mentioned topics, they c...

Group Behavior in the Workplace

Group Behavior in the Workplace Antoinette T Harris Organizational Behavior, MGT 412 Instructor: Nikki Follis December 7, 2010 Group Behavior in the Workplace Introduction Group Behavior is well defined as, situations that allows people to interact in large or small groups. These individuals working together may begin to coordinate their behavior by acting in a certain way to achieve a goal that differs from what each person would do if acting alone. Group dynamics, combined with great leadership or management, can achieve goals that are set for organizational success.The organizations social systems are made up of many complex sets of human behavior and relationships that interact in many ways within the workplace and also in the businesses world they face every day. These working groups can be comprised of like-minded individuals, a diverse group of individuals, or a group of specialized skilled individuals who are developed by management to achieve one common goal in the organizat ion or project at hand. Balancing the rights of each individual in the workplace is sometimes difficult for the employer since most organizational goals are set to be achieved through group effort.People become dependent on established cultural systems that gives each individual stability, understanding, security, and the ability to respond to any given situation. Working Groups impose certain expectations and rules on each individual member of the team which can expose the weaker member’s lack of shared responsibilities. This can affect the working teams set goals that must be met by everyone involved in the group’s effort to get every detail finished and accomplished. Employer’s views on Group BehaviorQuality Management Systems within the workplace will become the key element that will measure the success or failure of an organization. Individual attitudes within the workplace can reflect a person’s likes/dislikes toward other co-workers and management within his or her working environment. Supervisors and managers must understand how workplace group behavior can be inspired to increase productivity, motivation and product quality by establishing a secure and stable group environment that can be managed effectively and minimally.The Manager – Worker relationship is usually influenced by management’s egoistic needs that are mainly governed by two types: the needs that relate to the leader’s reputation, such as recognition, status, respect of associates, and appreciation; and those that relate to self-confidence, achievement, decision making, self-esteem and knowledge. Management is not usually designed to help employees satisfy their human needs in a manner that will create healthy working environments.If management and high level leadership in the corporate world will develop more like minded, working group environments; employee’s will experience fewer frustrations and will devote more time and commitm ent to their production processes. These motivating factors I have listed would be aimed to benefit the organization as a whole and not slow down productivity through dis-satisfied and non-productive employees. 1. Altruism – is concerned with being of help to other people. Help of a practical nature can be a psychological or emotional kind. . Productivity – Efficiency managed by a productive management team will help minimize the working relationship gap that will usually exist between average employees and productive employees. 3. Self-Development – This motive can show concern by helping to develop individual skills and abilities that can be used as a plus in the working group. 4. Team Building Events – Managers who schedule team building events will see more productivity and motivation in their groups efforts to achieve its goals. 5.Staff morale – This motivator will help management build their teams and groups effectively, if they practice boos ting morale within the working group environments. High morale is one of the major components in the workforce. Traditional Management is no longer practiced within today’s workforce. This style of management focuses on using the majority of the time working with and through people. The working individual now has to become a skillful psychologist, since most of what people do on a daily basis, is shaping the behavior of others.Whether you are a manger or subordinate, you are only successful as a group effort if each individual has skills at motivation, interpersonal influence, working together with peers, good communication with individuals and superiors. Managers are reflections on each working individual and their style of leadership will determine the quality of groups they orchestrate to build organizational power, growth and success. New management styles tend to base their success on feedback from individuals bottom line performance.Management believes that everyoneâ₠¬â„¢s performance is important and should be aligned with the organization’s values, vision, and strategic priorities. The Employees View Today’s corporate world calls for effective and efficient working professionals that will go beyond their comfort zones to build good working interpersonal relationships at work that help all workers understand their role and target goals that contributes to the strategic vision of the organization.Healthy interpersonal relationships in team members will enhance favorable working environments and keep morale strong as teamwork progress toward one common goal. The culture of an organization is a very important and powerful element when that shapes working relationships, work enjoyment, and teamwork progress. Not every working individual has the psychological make-up that enhances the workplace and makes way for an enjoyable teamwork environment. Some employee’s feel that working in a team group causes blurred vision between the self and others which causes a mixture of anxiety and false self.Working in close-knit work relationships can be positive or negative depending on the culture of the organization and how management governs the project or goal at hand. Each individual adopts a role on behalf of the working group which functions as a team looking to achieve one common goal. If a certain team member is not using his or hers interpersonal relationship skills, then the goal of the team can be hindered and unprogressive, leaving a negative impact on the team’s functionality and creativity.Several issues emerged as a result of the employee’s lack of fulfillment in the teamwork environment. Employees who are not prone to building interpersonal relationships can assume a particularly negative team role, or scapegoat role, where the team member can take on the entire responsibility or guilt of the working group if they chose not to produce as required by the working group and management. Interp ersonal relationships are very important when it comes to teamwork and effective production levels within the organization.Management should be aware of certain individuals that do not possess the interpersonal or relational skills it takes to be a good and effective team member. Team building events can be very effective when it comes to helping individuals achieve certain career goals and team building skills. Each individual brings diversity and creativity to the total work group, and should therefore be treated fairly and carefully, to bring a positive outcome to all working groups that are looking to achieve a common product or goal. Developing Group NormsEach employer has an obligation to ensure all of his or her employees are working toward achieving a common goal. This is to include any and all of the relationally challenged individuals in workplace. Some of these employees may not already be recognized as interpersonally challenged workers, and may need a personal assessmen t performed to calculate the degree of his or hers developmental needs. As the culture of the organization is important for productivity, the development of group norms should also be at the top of management’s organizational goals.Successful communication between managers and employees can be critical components of group interaction and functioning. Some steps that an organization can take to adopt group norms can be very effective in managing group efforts that will produce one common goal. First, a session or team building event should be scheduled for all group members to attend. This should be fun, exciting, motivating and positive in order for each individual to learn their particular roles and effectiveness they will bring to the common production goal at hand.Once this team building session is scheduled and established, the facilitator builds on each team member’s creativity and abilities to begin a common working environment for all to build reliance, trust an d self-confidence. A brainstorming session is vital to this team building process. This allows each individual to bring their personal thought processes and skills to the table of production. The more ideals generated the better. Recording these ideas on a large white flip chart or white board where everyone can see, will build upon the common goal management has tasked the working group with.Ensuring positive and effective communication and keeping commitments are very essential to teamwork efforts. Each member of the group is committed to living the guidelines that is set in motion. The team should commit to confiding in each other if they think a group member is in violation of the agreed upon â€Å"group norm†. A list of all group norms should be distributed to each team member and posted in a common area like the team’s meeting room. These group norms that were established should be periodically reevaluated and implemented to ensure the effectiveness of the groups common goals and achievements.Keeping management updated and informed of the groups progress can be a big plus to each individual as evaluation time rolls around to show the team members how effective and productive they were in achieving the common goal that was tasked as a group effort. Conclusion Today, the major task within the working groups is communication and team building sessions that will bring everyone together to build interpersonal relationship skills with other coworkers, to show each individual the importance and effectiveness of working together as a team. One of the ost important things to remember when it comes to team development and team building is to consider that effective teams are developing organisms. Each team goes through stages of development the same way plants and animals do. The Wheelen’s Integrated Model of group development describes the evolution the group evolves through. The model shows the groups progression from immaturity to maturity in four stages. The first stage is modeled after a toddler or young child. These newly created members of the working team are insecure and unsure of themselves, the group and its structure.This new group will need instruction, guidance and direction to establish a routine that will help each member gain security and stability in their individual roles that will enable them to move toward their next stage. The groups’ second stage is similar to middle school. These easy to recognize issues are prone to rear its ugly head. Lots of disagreements; subgroups and cliques emerge where some of the members will show discontent and resentment toward the leader. This makes the leader frustrated with the group of workers since no matter what he or she tries to do, will always add up to â€Å"wrong†.Stage two can be compared to teen years. For leadership or management, this stage is critical in the team building adventure. This is the time to give each member the opportunity to ta ke on a larger role, and not the time to relinquish authority or rewrite the script on power. As the group matures into stage three, it will soon learn what it takes to accomplish the group’s task at hand. At stage three, each working individual will have to give equal weight to what and how they will work within the group’s efforts. This stage allows for individuals to fine-tune their roles and form positive partnerships and coalitions.Each member masters this part of the stage and the group can now move effortlessly into stage four. It is great to see working groups progress into stage four. They are focused on the process it takes to carry out the work. This stage characterizes the independence of the leader and trickles down to each individual that is working toward the goal of completion. The team learns delegation skills from the leader and this relationship now resembles that of the adult-child or older parent relationship. The leader is dedicated and consulted as needed, for clarification and feedback that results in the final decision of the group.As working groups learn what it takes to work together effectively, this integrated model of group development will help organizations to achieve effective teams that are armed with knowledge, interpersonal skills, individual creativity that allows everyone to work together. Working as a team will help build effective products and services that will show a quality that cannot be produced by one person, but built upon by an effective group of individuals who learned how to come together to achieve one common organizational goal.Works Cited†Group Behavior and Psychoanalysis. Changing Minds and Persuasion — How We Change What Others Think, Believe, Feel and Do. Syque 2002-2010. Web. 08 Dec. 2010. http://changingminds.org/disciplines/psychoanalysis/articles/group_psychoanalysis. htm.

PHP Web Page Redirect Script

A PHP forwarding script is useful if you want to redirect one page to another so that your visitors can reach a different page than the one they land on. Fortunately, its really easy to forward with PHP. With this method,  you seamlessly transfer visitors from the web page that no longer exists to the new page without requiring them to click a link to continue. How to Redirect With PHP On the page that you want to redirect elsewhere, change the PHP code to read like this:   The  header()  function sends a raw HTTP header. It must be called before any output is sent, either by normal HTML tags, by PHP,  or by blank lines. Replace the URL in this sample code  with the URL of the page where you want to redirect visitors. Any page is supported, so you can transfer  visitors to a different webpage on your own site or to a different website entirely. Because this includes the  header()  function, be sure  that you do not have any text sent to the browser before this code, or it will not work. Your safest bet is to remove all the content from the page except for the redirect code. When to Use a PHP Redirect Script If you remove one of your web pages, its a good idea to set up a redirect so that anyone who bookmarked that page is transferred automatically to an active, updated page on your website. Without the PHP forward, visitors would remain on the dead, broken, or inactive page. The benefits of this PHP script are as follows: Users are redirected quickly and seamlessly.When the  Back  button is clicked, visitors  are  taken to the last viewed page, not the redirect page.The redirect works on all web browsers. Tips for Setting up a Redirect Remove  all code but this redirect script.Mention on the new page that users should update their links and bookmarks.Use this code to create a drop-down menu that redirects users.