The primary sources of law in The Bahamas are statutory law and case law. Statute Law or Legislative Law was created by Parliament. The Constitution is the Supreme Source of law. In the Bahamas it is known that every other law is measured by the constitution. The Secondary source of law in the Bahamas is case laws which are sometimes called precedents. Precedent is known as the foundation of common law. In the Bahamas courts may build on a case that has gone before. Precedent also establishes the law for future generation unless it is over turn.
Law in The Bahamas is classified into three main categories:
1) Criminal Law and Civil Law
2) Public Law and Private Law
3) Substantive and Procedural Law
1) CRIMINAL LAW
This is the part of law that deals with different kinds of wrong doings that the state may see as an offense not necessarily violating any private right or being punishable by state. Crime is defined as an individual that displays deviance of the law. This Law is the enforcement involved by the State of Laws which is designed to protect individuals and the community of those who would cause harm by their conduct. In most cases the wrong is considered one against the State. Criminal Law is enforced by the police force; the police can gather enough evidence which enables the State to bring a criminal prosecution against the person charged with an offense. The goal of prosecuting the individual is to ensure that the offense is not repeated. In most case scenarios the defendant is liable to imprisonment or a fine.
This Law has evolved to regulate the actions of citizens amongst themselves and with Government authorities, to lay down rules for the conduct of businesses and other circumstances. Private claims and redress of private wrongs are dealings that civil law maintains. The Plaintiff takes action against the defendant; it is not for the police to institute proceedings of the matter. The objective is to ensure that the...