Subject: Social Studies Type of Lesson: Web Search, Cooperative Learning.

Grade: 10 CSEC OBJ: Describe the structure of Government

(Section A, # 22)

Term: 2 Unit Number #1 Government

and Title:

Duration: 70 minutes Week Number: 6

Lesson Number # 21 Composition and Function of

and Title: the Judiciary

Objectives
As a result of this lesson, the student will be able to:
1) define the term Judiciary.
2) identify the persons and offices that comprise the Judiciary.
3) outline the functions of the Judiciary.
4) justify the need for an independent Judiciary.
5) appreciate the importance of the functions of the judiciary.

Prerequisite Student Knowledge

The student should be familiar with:
1) the type and structure of government in Jamaica.
2) the structure, composition and functions of the Legislature and the
Executive.
3) the concept separation of powers.

Important Points
1) The Judiciary refers to the system of courts and judges. Its purpose
is to interpret and enforce the law. It is also the guardian of the
countrys constitution.
2) Laws are constitutional rules made by the government to control
peoples behaviour in the interest of the society. They are
formal/written rules accompanied by formal sanctions such as
fines, imprisonment or community service.
3) Jamaica uses a system of common law based off and similar to
that of the United Kingdom. This means that much of the laws set
are based on custom or precedence.
Functions of the Judiciary
4) It is designed to address both civil and criminal offences.
a. Civil offences pertain to private individual affairs often
pertaining to marriage, libel and disputes regarding

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 money, property and goods. They are cases brought by
one individual against another to the court.
b. Criminal offences are cases brought by the police
against an individual or group. They pertain to acts such
as theft, bodily injury, conspiracy, arson and homicide
among many others.
5) The Judiciary ensures that legislations passed by the Legislature
and actions taken by the Executive are in keeping with the
constitution.
Composition
6) The following constitute the Judiciary:
a. The Judiciary is made up of a Chief Justice and Puisne
Judges in the Supreme Court and Court of Appeal, Resident
Magistrates in R.M. Courts, Coroners Court and Traffic
Court, Justices of the Peace in Petty Sessions and Tribunal
or inquiries.
b. The chief justice is head of the local court system.
c. Other key persons are the Director of Public Prosecutions
and the Solicitor General.
d. An important concept is that of a jury. This is a set of 12
randomly selected persons who determine if persons are
guilty in some cases.
e. Correctional Services
f. The Police Force
7) Each court is responsible for specific functions in the judiciary:

Key Terms

Civil Common law Court

Criminal Judiciary Laws

Challenge Areas
Design a campaign geared at improving the publics confidence in the
court system of Jamaica. Use a variety of media and ensure that the
campaign reflects cognizance of the reasons the public may lack
confidence in the Judiciary. Suggest at least TWO reasons the public
can place its trust in the Judiciary.

Equipment/Materials Needed
Computer with internet connectivity, multimedia projector

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Note to Teacher
Be mindful of the pre-existing biases and ideas that the students have
about the judiciary. Do not ignore them because they might be based
on the personal experiences of family members. However, try to
encourage open mindedness and seek to cultivate a positive or at least
a helpful attitude towards the subject.

Teachers Lesson Notes

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Introduction
1) Introductory Activity

a. The clip below is of a song done by Tony Rebel about a

troubling aspect of the Manatt Phelps and Phillips Enquiry.
Instruct the students to listen to the clip and then read the
dialogue that follows.
http://www.youtube.com/watch?v=QSRurne8d3o&feature
=related

Box 21.1: Scenario

Paul: He he he! You hear that Keisha? Now that is

bangarang! I cant recall. He he he!
Keisha: Bangarang yes; but the empty barrels kind of
bangarang! Money spent and no results! That
commission will not result in a criminal
prosecution. We are talking about the Jamaican
government here you know.
Paul: (Chuckles.) You need to clarify. Remember the
Head of Government is different from the
President of the party.
Both Paula and Keisha laugh

Keisha: But can a member of government be criminally

charged? Has it ever happened? We are always
hearing the uproar in the beginning but we never
hear anything else. Who is to stop a government
official form using his power to do whatever he
wants?
Paul: I dont know about them being charged but the
government can be taken to court. See an ex-
convict is suing the Department of Correctional
Services and the Attorney General because he
was raped while in prison. .
Keisha: Really! I would love to see something
meaningful come out of that but I know that will
never happen! Unless he is a wealthy powerful
man; in which case he probably wouldnt have
been imprisoned.
Paul: Not entirely. Remember when they were getting
carried away with that bail amendment act?
Well the Supreme Court sought to reel them in;
they declared the amendment unconstitutional.
S. Rowe (2012)

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 b. Before asking the students specific questions, allow them to
just say what they think about the song, the clip and the
issue being discussed.

c. Next ask the students the following questions:

i. What is meant by unconstitutional?
ii. Why is the man taking the Attorney General and the
Department of Correctional Services to court?
iii. What body of laws regulate the activities of those
who make the law?
iv. Who or what body is responsible for regulating the
governments activities?
v. Why is it necessary to have a body that can regulate
the legislature; the supreme law making body in the
government?
vi. Can the Prime Minister and other members of
Cabinet be charged with unconstitutional or
criminal acts committed in the course of doing their
jobs?
Possible answer: It should be established that it is
the job of the Judiciary to interpret the constitution
and use it to check the activities of the other arms of
government. Although the legislature is the supreme
law making body, it is not above the authority of the
Judiciary.
d. The issue of the governments interaction with Manatt
Phelps and Phillips is being investigated through a
commission of enquiry.
i. What is a commission of enquiry?
ii. Why do you think this method was used instead of
the Supreme or other courts in the country?
Expected answer:
A commission is an independent body that can use
investigative resources to determine the details of an
issue (Rowe, D.P. 2012). They are rightly composed of
independent members, temporarily vested with
prosecutor and investigative powers for the given task.
If conducted well, its activities can actually lead to the
criminal prosecution where guilt is determined.

2) What if the conflict does not emanate from government

actions?
a. Point out to the students that a commission of the nature
above is unlikely for a civilian or other member of society
who breaks or is suspected of breaking the law.

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 b. Now ask them to recall the types of laws that were
mentioned in the last lesson then ask the questions below:
The images below can be used to aid the students memory
of the types of laws.

Figure 21.1: Types of laws

i. What type of illegal activity do you think you

would be most tempted to try?
ii. Why would you be most tempted to try the activity
named in ii?
iii. What illegal activities take place most frequently in
your community?
iv. Why do you think the above identified activities
continue in your community?
v. Say what you think is likely to happen if law
breaking is ignored by those with the authority to
address it?
Expected answers:
A body or institution must be in place to ensure that
all members of society including its leaders obey
the law. Law breaking and a failure to address the
same will result in chaos or disorder in the society.
For example, they would have observed for
example that they might not consider taking the risk
with a crime unless they think they have a
reasonable chance of not being caught or punished
for it.

3) What is the Judiciary?

a. The students should remember that the arm responsible
for interpreting and enforcing the law is the judiciary.

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 Figure 21.2: Arms of Government

S. Rowe (2012)

b. Project the box above for the students to look at and ask
them to define it to the best of their abilities. Record the
definition they arrive at on the board.
i. Evaluate the definition given by comparing it to the
one in the text as well as the one stated below:
The judiciary is the central arm of government
which is primarily concerned with the
administration of justice.
It is also considered as a system of courts and
judges.

Body of Lesson
1) Who make up the Judiciary?

a. Ask students to list all the titles or offices in government

they believe are a part of the Judiciary. Also write their
answers to this question on the board for comparative
purposes later in the lesson.

b. The page linked below details how members of the

Judiciary are to be addressed when they are being spoken
or written to. Instruct the students to peruse the page and
write down all the positions or offices noted there as
belonging to the judiciary. Allow them to record their
findings in pencil in a table similar to the one below.

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 http://www.opm.gov.jm/opm_programmes/the_chancery_/
_protocol/modes_of_address/mode_of_address_members_
of_the_judiciary

Table 21.1: The Judiciary

The Judiciary in Jamaica
Offices/Titles

List of Types of Courts in the Jamaican

Judiciary

c. Now direct students to the following website. Here they

will focus on the section headed The Judiciary.

i. Instruct them to use the information in the section to

check the accuracy of their answers above, and to
add or subtract accordingly. They should also pay
attention to the courts that make up the Judiciary.

These can be examined collectively by projecting

the pages on the board for the students.

http://www.jis.gov.jm/special_sections/Bills%20&
%20Acts/pdf/constit.pdf (Focus on Chapter 10, the
Judicature.)

http://www.nlj.gov.jm/?q=jamaican-civics

ii. Now ask the students to check the list of persons

written on the board. Ask them to highlight the
persons they identified then, but who have not been
named as belonging to the Judiciary on any of the
web pages. Through discussion and with the aid of
the textbooks, try to locate these persons in their
correct arms of government.
Expected answers: The composition of the
Judiciary is detailed in the important points. See the
same for feedback.

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 d. Assess students learning up to this point with the
following activity:

Box 21.2: Offices and titles of the Judiciary

Examine the list of offices/titles below and underline the ones which
belong to the Judiciary.

Attorney General Director of Public Prosecutions

Puisne Judge Governor General

Services Commission Resident Magistrate

Justice of the Peace Prime Minister

Judicial Committee Chief Justice

Leader of the Opposition Judicial Service Commission

Minister of Justice Minister of National Security

Caribbean Court of Justice Privy Council

Contractor General Police Force

Prison System/correctional Services

Solicitor General

Expected answers: Highlighted offices do not belong to the

Judiciary.

2) What is the role of the Judiciary?

a. Remind the students that this is the arm of government

which interprets and enforces the law. Allow the students to
continue working in their pairs to complete the next task.
Now guide the students into a web search to explore what
each term means. Enforce and Interpret
i. For each term, ask the students to provide a
definition;
ii. A recent example from Jamaica (provide the related
link);
iii. A summation of the importance of this role.

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 1. Interpret the law
2. Enforce the law.

b. Review the students findings. Allow different pairs to

explain and allow for a variety of examples of each
function.

c. Now instruct students to complete the table below. This

may be done collectively as you project the page on the
computer screen onto the board and ask a student to type in
the answers as they are discussed. The students must use
their text books and refer to websites previously viewed to
aid them with the task.

i. For each of the offices underlined in the activity

above, write the primary function or role.

Table 21.3: Functions of the Judiciary

Functions of the Judiciary
Office in the Role
Judiciary

d. Now allow the students to comb through the following

websites. For ease of completion, assign each websites to

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 different pairs. Each will try to identify issues addressed by
the judiciary and with your guidance, collectively make a
list. Also instruct the students to note why it is important or
beneficial to the society for the judiciary to address these
issues.

http://supremecourt.gov.jm/legal_system (Pay attention to

the laws of Jamaica.)

http://jamaica-
gleaner.com/gleaner/20120205/focus/focus6.html

http://jamaica-
gleaner.com/gleaner/20111005/lead/lead9.html

http://www.jamaicaobserver.com/news/Int-l-oil-giant-sues-
Gov-t#ixzz1plHuslYk

http://www.jamaicaobserver.com/news/Unconstitutional---
Supreme-Court-nullifies-amendments-to-Bail-
Act_9225908

http://www.jamaicaobserver.com/news/man-infected-with-
hiv-in-prison-sues-gov-t

Expected answers:
A comprehensive list will give examples of civil and
criminal issues; matters pertaining to the government and
matters pertaining to ordinary citizens; matters pertaining
to commerce and industry; matters pertaining to human
rights and the constitution.
Some examples:
1. Activities in the fishing industry
2. Activities in agriculture
3. Rules regulating sexuality and the exercise of
conscience
4. Commerce and industry

Closure
In Class Assignment
1) Work in groups to carry out the following:
While the judiciary is a critical arm of government and is central to
maintaining democracy, the Jamaican judiciary is plagued by
several problems that affect its efficiency.

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 a. Explain what the picture below says about the Jamaican
Judiciary?
b. How can the problem identified affect the preservation
of order in Jamaica?

Figure 21.3: Challenges in the Justice System of Jamaica

http://www.jamaicaobserver.com/assets/8240170/ed-cart-tuesd-26-
june.jpg

2) Review the following websites and identify at least three other

problems faced by our judiciary.
http://jamaica-gleaner.com/gleaner/20061203/lead/lead11.html
http://jamaica-gleaner.com/gleaner/20120212/lead/lead2.html
http://www.jamaicaobserver.com/news/Advice-for-Jamaica-s-
justice-system_10321544
http://www.jamaicaobserver.com/news/lightbourne-ignored-
legal-advice_8327581

a. For each problem:

i. Describe the nature of the problem;
ii. Explain how it affects the Judiciarys ability to
administer justice:
iii. Make a suggestion to the government of Jamaica for
coping with this problem.
b. Have the students submit their work in writing at the end of
the lesson.

Supplemental
Out-of-Class Assignment
1) Arrange a field trip to visit the nearest court in session to your
school. Prepare a work sheet or an instrument to guide the

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 students recording of what they observe. Elements to look out for
include:
a. The type and number of judges present;
b. The presence or absence of a jury;
c. The presence or absence of police;
d. Role of the police in the sessions observed
e. The nature of the cases tried;
f. The number of cases tried for the period;
g. The number of cases that were completed;
h. The types of sentences/punishments issued (if any is
observed)

Glossary of Terms

Civil offences These are cases brought to the courts by one

individual against another pertaining to matters
such as divorce and the ownership of property.

Common Law A system of laws based on precedent and custom

as is used in Britain.

Court This is a body constituting judges and or

magistrates, judges and law officers before
whom legal cases are heard or which administer
justice based on fair interpretation of the law.

Criminal Offence A criminal offence is one brought to the courts

by the police by the police against an individual
or group usually pertaining to matters such as
theft, murder and rape.

Judiciary The Judiciary is the arm of government which is

responsible for interpreting and enforcing the
laws of a country.

Law A written and formal rule belonging to a system

of rules (constitution) recognized by a country as
governing the behaviour of the people. A law is
enforced by formal sanctions such as fines,
imprisonment and community service.

CSEC Questions
a. Define the following terms:

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 i. Law
ii. Summary offence 4 marks
b. State two roles of the Judiciary 2 marks
c. State ONE role of a Justice of the Peace. 1 mark
d. State ONE role of the attorney General. 1 mark
e. Suggest THREE strategies that the government can use
to reduce a NAMED problem in the Judiciary of your
country. 6 marks
f. Explain why each of the strategies you have suggested
will work. 6 marks
Total 20 marks

Recommended Materials
http://www.youtube.com/watch?v=ox7qtCVzTZo Interview with
Dr. Rowe regarding the commission of Enquiry.

http://jamaicanfamilysearch.com/Samples/1891law.htm
http://supremecourt.gov.jm/

http://www.jis.gov.jm/special_sections/Bills%20&%20Acts/pdf/co
nstit.pdf

http://www.ziplaw.com/constitu/constitu.htm - Regarding the

constitution

Bibliography
Brathwaite, S., Reynolds, P. (2004). Social Studies CSEC self study
and Distance Learning. Caribbean Examinations Council

Ruddock, L. C. and Robinson-Glanville, S. (1977). New Civics for

Young Jamaicans. Jamaica, Carlong Publishers.

Sandy, M. C., Grayson, S. C. (2004). Social Studies Essentials with

SBA, Study Guide and Exercises. Kingston: Carlong Publishers

Source:

Figure 21.1: Types of laws

http://www.sensidynegasdetection.com/assets/images/commercial.jpg
http://criminaldefenseattorneysandiegoca.com/wp-
content/uploads/2012/02/1323107581_img2.jpg

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http://www.google.com.jm/imgres?q=civil+laws&num=10&hl=en&bi
w=1249&bih=588&tbm=isch&tbnid=dAs-
http://www.cartoonstock.com/directory/p/pain_and_suffering.asp
http://www.in-jamaica.com/vidfeeder.php?keyword=&tag=TRAFFIC

Figure 21.3:
http://www.jamaicaobserver.com/assets/8240170/ed-cart-tuesd-26-
june.jpg

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