Introduction to Legal System of

Trinidad & Tobago

Trinidad & Tobago Hospitality & Tourism Institute

Hospitality Law & Insurance: BC 229
Lecturer: Ms. V. Maharaj
 Learning Objectives
 What is Law

 Nature of Law & Essentials of Law

 Sources of Law: Equity, Statute Law

 Structure of Legal System

 Crime

 Civil Proceedings

 Legal Personality & Separate Legal Identity of a Company

 What is Law

Law is a body of rules and regulations governing

human behaviour, which is enforced by the
state through its courts of law.
 Nature of Law
The law of any country are those rules which the
nation, through it’s law enforcing machinery
makes compulsory by imposing penalties and
other sanctions against law-breaking.

The body of law is not static but changes and

develops.
 Essentials of Law
 Tocontrol harmful activities- law provides a
remedy against those who offend it.

 To protect one’s freedom- law stabilizes the

varied interests in a society.

 To balance the varied interests in a society-

law allows for order in a society.
 Sources of Law
 Historical Sources- Common Law & Equity.

 Legal
Sources- Judicial Precedent, Legislation
& Constitution of the Republic of Trinidad and
Tobago.
 Equity
 The concept of equity is based on justice and
fair play.

 In the law of equity judges are given

discretionary powers and remedies are
obtained as discretionary, rather than as of
right.
 Judicial Precedent
Both Common law and equity are the product of
decisions of court.

Precedents are judge made law but based on the

principle of consistency. Once a matter of principle
has been decided (by one of the higher courts) it
becomes a precedent.

In any later case to which that principle is relevant the

same principle should be applied.
 Court System
The status of the court determines whether the decisions are
binding or persuasive.

 House of Lords/Privy Council stands at the apex of the judicial

system.

 Court of Appeal decisions are binding on all lower courts. It is

bound by it’s own previous decisions and those of HL/PC.

 High Court bound by decisions of higher courts but not by

decisions of another High Court.

 Lower courts do not make precedents and they are bound by

decisions of the higher courts.
Structure of Legal System of Trinidad
and Tobago

PRIVY COUNCIL

COURT of APPEAL
-Criminal/Civil
INDUSTRIAL COURT HIGH COURT
-Criminal/Civil
MAGISTRATE COURT
 Structure of Legal System of Trinidad
and Tobago

M A G IS T R A T E C O U R T

C I V I L ( p e t t y c iv il c o u r t) C R IM IN A L

S u m m a r y O ffe n c e s I n d ic t a b le O ff e n c e s
 Statute Law
Statute law is the made by Parliament and is the written law of
the land.

Parliamentary Sovereignty (Supremacy of Parliament) means that

Parliament is able to make the law as it sees fit. It may repeat
earlier statutes, overrule case law developed in the courts or
make new law on subjects which may not have been regulated
by law before.

Parliament in Trinidad and Tobago comprises of the Upper

House (Senate), the Lower House (House of Representatives
and the President.
 Statute Law
 First Reading- publication and instructions into the
agenda, no debate
 Second Reading- debate on general merits of the Bill.
 Committee Stage- a Standing Committee of 20
members examines the Bill and amendments are
made.
 Report Stage- Bill as amended at Committee stage
goes to House for approval.
 Third Reading- final approval stage where verbal
amendments may be made.
 Constitution of the Republic of
Trinidad & Tobago
Section 2 of the Constitution explicitly states:

“This Constitution is the supreme law of Trinidad and

Tobago, and any other law that is inconsistent with
this Constitution is void to the extent of the
inconsistency.”

Ref. http://www.nalis.gov.tt/AdministrationGov/Constitution.htm
 Sources of Law

SO URCES O F LAW

STATUTE CO M M O N LAW E Q U IT Y
 What is a Crime

A crime is any act or omission forbidden by law. The

State is the prosecutor in a criminal case because it is
a community as a whole which suffers as a result of
the law being broken. Persons guilty of crime are
punished by fines, imprisonment etc.
 Civil Proceedings
 Any act against the law is either a crime or a civil wrong.

 Civil proceedings exist to regulate disputes over the rights and

obligations dealing with each other. The State has no role in a
dispute over, for instance, breach of contract. It is up to the
persons involved to settle the matter in court if they so wish.

 The general purpose of such course is to impose settlement on

matters, sometimes by financial compensation in the form of
damages, sometimes by injunctions or other orders. There is
no concept of punishment.
 Concept of Legal Personality
A person possesses legal rights and is subject to legal
obligations.

 An incorporated company also has legal rights and is

subject to legal obligations.

 That is it has a separate legal identity separate from

its members or shareholders.
 Consequences of Separate Legal
Identity of a Company

 Can make contracts, sue and be sued in its own name.

 Can own property

 Shareholders (members/owners) have no direct or

insurable interest in its property.

 Company has perpetual succession i.e. existence not

affected by death of any member.
 End of Lecture

Thank You For Your Time & Attention