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30th January 2010
Now more FAQs

What is law?
Law is a set of rules followed by society; it is also the legal structure and framework that governs these rules; it is linked to morality and social norms; it has a sense of purpose; it is a source of domination and power; it is the rule of the powerful; it is a concept of the formality and functionality of moral and legal principles and the ability of individuals to perform certain tasks as a group.

How long does it take to study law?
To study law takes four years in England and five years in the Caribbean, at the University of the West Indies. Three years for the law degree and two years for bar exams in the Caribbean, and one year in England. There is also an additional six months internship which has recently been incorporated for those who have studied in England in some Caribbean islands, but not required in St. Lucia.

What subjects do you study for the law degree?
The law degree would have included the core subjects like Contract, Property, Land law, Equity and Trusts, Torts, Jurisprudence, Criminal law and Public law. Depending on the law school one is attending, the options available will vary, but could include more specialised areas such as Family law, Employment law, Commercial law, Medical law, and Information Technology. All of these subjects serve to give students a sound academic background in law.

 
 

How do I cite a case?
When citing cases there are a few things to consider; remember that there are several law reports, in which as the name suggests cases are recorded. One of the most popular law reports is the All England Law Reports cited as either AER or AllER. To cite a case in a law report for example: Jack v. Jill (2007) 3 AllER 57 ex parte Thomas at page 61 per Lord Humpty. Note the name of the case is the last names of the two parties, the claimants (Jack) and respondents (Jill) with a ‘v.’ in between to connote the two parties, as ‘and’ or ‘versus’. Ex parte means that there is a third party involved in the case (Thomas). Cases are usually underlined or in italic to distinguish them from the rest of the text in writing opinions and the like. 2007 is the year that the case was reported, which is usually the end of the matter, not when it started, which could have been a year or two before. The number ‘3’ denotes the volume of the reports that you will find the case, and 57 show the page that the case begins. When cases are cited with reference to judgments delivered by the courts and tribunal another page number would be given, for example at page 61 per Lord Humpty. Per is the traditional way to identify a judge’s decision or opinion in a case.

What does ‘without prejudice’ mean?
A lawyer’s letter may include this phrase. It would denote that the lawyer is relying on the instructions of the client, and writes the letter on his or her behalf without any bias or liability. Further, such a letter cannot be used as evidence in a court matter.
Ms. Trudy O. Glasgow is a practising attorney at the law firm Gordon, Gordon & Co., (and has also taught law at University level in the UK)*.
This column is for general use only, for advice specifically for your case, please see your lawyer.
Coming soon an interview with the President of the Saint Lucia Bar Association, Mr. Andie George


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