Law, Justice and the Court System
This domain tests the sources of Sri Lankan law, the hierarchy of courts, the difference between criminal and civil proceedings, and the rights of persons caught up in the justice system.
Sources of law
- The Constitution is supreme; legislation comes next; then judicial precedent; then customary law (Kandyan, Thesawalamai, Muslim) and residual Roman-Dutch principles where no statute applies.
Courts and procedure
- Supreme Court: final appellate court, guardian of the Constitution, hears fundamental-rights applications.
- Court of Appeal: appeals from lower courts and writ applications.
- High Court: serious criminal cases, some civil and admiralty work, and trial by jury in specified grave offences.
- District Court: civil claims above the Magistrate's Court limit, and family matters.
- Magistrate's Court: criminal cases and bail.
- Primary Court: minor matters, in some areas.
In criminal cases the prosecution must prove guilt beyond reasonable doubt and the accused is presumed innocent; in civil cases the standard is the balance of probabilities. The Legal Aid Commission, established by Act No. 27 of 1978, provides free legal assistance to those who cannot afford counsel.
Worked example. A boy of 11 is accused of shoplifting. Reasoning: under the Penal Code no act by a child under 12 is an offence, so he cannot be convicted; the matter should be handled through child-protection procedures rather than ordinary criminal prosecution.
Traps that cost marks
- Reversing the burden of proof between criminal and civil standards.
- Treating a Magistrate's Court as able to hear major civil claims.
- Saying the Supreme Court hears all first-instance criminal trials.
- Forgetting the age thresholds in juvenile justice.