Report of Curriculum Revision Committee of Sri Lanka Law College

FINAL REPORT

OF THE COMMITTEE

APPOINTED BY THE

COUNCIL OF LEGAL EDUCATION

TO CONSIDER THE REVSION OF

CURRICULA & SYLLABI

OF THE SRI LANKA LAW COLLEGE

12TH SEPTEMBER 2012

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MEMBERS OF THE COMMITTEE

Hon. Justice (Dr.) Shirani A. Bandaranayake ‐ Chairperson Judge of the Supreme Court (up to 18th May 2011) LL.B (Hons) (Colombo); M.Phil (Colombo); Ph.D (University of London); Attorney‐at‐Law of the Supreme Court of Sri Lanka; Formerly Associate Professor of Law and the Dean of the Faculty of Law, University of Colombo Hon. Justice Saleem Marsoof, P.C. ‐ Chairman

Judge of the Supreme Court of Sri Lanka (from 7th June 2011) LL.B (Ceylon) LL.M (Colombo) LL.M (San Diego, California); Nuffield Fellow of the Institute of Advanced Legal Studies of the University of London, UK Former President of the Court of Appeal Former Additional Solicitor General Hon. Justice W. P. G. Dep, P.C. ‐ Member

Judge of the Supreme Court of Sri Lanka B.A. (Colombo); M.A. (Colombo); Diploma in International Law (Institute of Social Studies, The Hague, Netherlands); Diploma in Forensic Sciences and Toxicology (Colombo) Attorney‐at‐Law of the Supreme Court of Sri Lanka Solicitor of the Supreme Court of England and Wales Former Solicitor General Hon. Mohan Peiris, P.C. - Member Attorney General (December 2008 to September 2011) Senior Legal Adviser to the Cabinet of Ministers Chairman, Seylan Bank PLC Attorney-at-Law of the Supreme Court of Sri Lanka Solicitor of the Supreme Court of England and Wales Hon. Eva Wanasundera, P.C. - Member Judge of the Supreme Court of Sri Lanka Attorney General (September 2011 to July 2012) LL.M. (Leicecester, U.K.) Attorney-at-Law of the Supreme Court of Sri Lanka; Hon. Palitha Fernando, P.C. - Member Attorney General of Sri Lanka Member - Council of Legal Education LL.B. (Colombo); LL.M. (Colombo); LL.M. (Bristol, UK) Attorney-at-Law of the Supreme Court of Sri Lanka Dr. W.D. Rodrigo, P.C. - Member Principal - Sri Lanka Law College Registrar - Council of Legal Education B.A.; LL.B; LL.M (Colombo); Ph.D (Queensland, Australia); Diploma in Further Education (Leeds, U.K.);

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Diploma in Intellectual Property Rights (Sri Lanka); Attorney‐at‐Law of the Supreme Court of Sri Lanka Mr. N. Selvakkumaran ‐ Member

LL.B (Colombo); M.Phil (Colombo) Attorney‐at‐Law of the Supreme Court of Sri Lanka Former Dean ‐ Faculty of Law, University of Colombo Professor Camena Guneratne ‐ Member

Senior Lecturer - Department of Legal Studies, Open University of Sri Lanka LL.B (Hons) (Colombo); LL.M (Harvard Law School); Ph.D. (University of Waikato, New Zealand); Attorney‐at‐Law of the Supreme Court of Sri Lanka; Former Head, Department of Legal Studies, Open University Mr. Palitha Kumarasinghe, P.C. ‐ Member

Member - Public Services Commission Member - Council of Legal Education Attorney-at-Law of the Supreme Court of Sri Lanka Mr. J. M. Swaminathan ‐ Member

Precedent Partner - Julius and Creasy LL.B (Ceylon); LL.M, M.Phil (Colombo) Member - Council of Legal Education Attorney‐at‐Law of the Supreme Court of Sri Lanka Mr. K. Neelakandan - Member Senior Partner - Neelakandan & Neelakandan Member - Council of Legal Education

Attorney‐at‐Law of the Supreme Court of Sri Lanka Mrs. Kamalini de Silva ‐ Member

Secretary to the Ministry of Justice & Law Reforms

Attorney‐at‐Law of the Supreme Court of Sri Lanka Mr. Dilhan de Silva ‐ Joint Secretary

Attorney‐at‐Law of the Supreme Court of Sri Lanka Mr. Saravanan Neelakandan ‐ Joint Secretary

Partner - Neelakandan & Neelakandan LL.B (Hons) (Dunelm); LL.M (Lond.) Barrister of Lincoln‟s Inn Attorney‐at‐Law of the Supreme Court of Sri Lanka Mr. Ayendra Wickremesekera ‐ Joint Secretary

LL.B (Hons) (University of London) Attorney‐at‐Law of the Supreme Court of Sri Lanka

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FOREWORD BY THE CHAIRMAN OF THE COMMITTEE

The quality of the education imparted at the Sri Lanka Law College (SLLC) plays an

important role in shaping up the standards of professionalism displayed by the Sri

Lankan Bar, and is complementary to the role of the Supreme Court in admitting

Attorneys-at-law and exercising disciplinary control over the discharge of their functions

under their exclusive license to provide legal services to clients.

At the heart of the relationship between the legal practitioner and the State lies the

notion of a 'regulative bargain'1, “whereby the State protects professionals from

unfettered competition but trusts them to put public interest before their own. In

exchange, the profession promises to select and train carefully its members so that they

can provide a competent and ethical service”.2 Such a bargain, therefore, presupposes

that the primary stakeholders of the legal profession such as the Supreme Court, the

Council of Legal Education (CLE) and the Sri Lanka Bar Association (BASL) ensure that

the students who pass out from SLLC undergo rigorous learning, training and skills

development so to guarantee minimum competency levels and quality standards. In this

context, regulating „inputs‟ to the professions (i.e. the practitioners themselves) through

education rather than the „outputs‟ of their practice is, therefore, seen as the most

realistic way of guaranteeing quality and competency.3 Institutionalized training, official

credentials (to certify training) and a formalized body of knowledge and skills (to be

trained into) are an essential part of this process and have been identified as key traits

in all functionalist taxonomies of professionalism.4 Thus, education, training and skills

development act as seals of quality, separating qualified individuals in the professions

from unqualified providers, and serving the public interest by guaranteeing competency

in areas of great individual and social importance.

Whilst therefore knowledge, training, skills development and credentials are essential to

the professions‟ ability to adequately fulfil their function as providers of public services,

the process of education as embodied in formal credentials is seen as acting as a

powerful exclusionary mechanism, restricting to “a limited circle of eligibles” access to

the roles, rewards, and opportunities connected with professional membership.5 This

has powerful financial implications as it provides a mechanism through which

1 Cooper D., Lowe A., Puxty A., Robson K., Willmott H., (1988). – Regulating the U.K. Accountancy Profession:

Episodes in the Relation between the Profession and the State, Paper presented at ESRC Conference on Corporatism

at the Policy Studies Institute, London, January 1988. 2 Freidson, E. (1994) Professionalism reborn: theory, prophecy, and policy. (Chicago: University of Chicago Press:

202) 3 Mintzberg, H. (1983) Structure in fives: designing effective organizations. Englewood Cliffs; London: Prentice-Hall.

4 Keitham M. Macdonald, The Sociology of the Professions (Sage, 1995) Chapter I.

5 See generally Parkin, F. (1974) ‘Strategies of Social Closure in Class Formation’ in Parkin, F. (Ed.) The Social

analysis of class structure. London: Tavistock Publications, pp 4; See also Millerson, G. (1964) The qualifying

associations: a study in professionalization (Routledge); MacDonald, 1995 op. cit. 8.

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“theoretically inexhaustible knowledge resources become socially finite”6, thus increasing

the value of professional qualifications and the rewards connected with professional

status.

Existing studies reveal a clear link between the style and content of legal education on

the one hand and the approach of graduates to legal practice on the other, thus raising

questions about how education can be reformed to enhance the technical abilities but

also the ethical values of lawyers.7 Work on the relationship between the content of

legal education and legal practice also suggests that legal education is increasingly in

need of empirical research because of questions about its ability to develop the skills

that a practising lawyer needs to work in the increasingly commercialized and globalized

profession of law. 8

Central to these debates about the content of legal education are questions about the

need for revised curricula and syllabi at institutions such as the SLLC that reflect the

increasingly diverse careers of law graduates and the international dimensions that are

emerging more often in their work. This by itself, is a contentious issue raising questions

about whether the mere conferment of credentials by an institution such as SLLC would

sufficiently prepare an individual to undertake the challenges faced by the modern legal

practice. A combination of legal education that seeks to develop academic abilities

(critical thinking, normative values and consciousness of professional ethics and

responsibility), while providing practice-relevant training and skills development, seems

to be the need of the day.

An important feature of modern legal practice is the significant impact the process of

globalization has on the legal profession. This process includes the development of

inter-governmental trade organizations such as the World Trade Organization, inter-

government institutions such as The International Criminal Court and United Nations

Institute for the Unification of Private Law and the development of transnational legal

frameworks such as EU law or international commercial law that increasingly influence

the practice of lawyers.9

6 Magali Sarfatte Larson, The Rise of Professionalism: A Sociological Analysis (University of California Press,

1977), 223. 7 See Elizabeth Mertz, The Language of Law School: Learning to “Think like a lawyer” (Oxford Univ. Press, 2007).

8 See Boon, A, Flood, J & Webb, J (2005) ‘Postmodern Professions? The fragmentation of legal education and the

legal profession’ 32, 3 Journal of Law & Society, 473; Wesley Pue,, Globalization and Legal Education: Views from

the Outside-In, 81 INT’L J. LEGAL PROF. 87, 87-102 (2001); Sugarman, D. and Sherr, A. 2001. Globalisation and

legal education. International Journal of the Legal Profession 8 (1) 5-10 9 Arnold, P.J. (2005) Disciplining domestic regulation: the World Trade Organization and the market for professional

services. Accounting, Organization and Society 30(4): 299:330; Evetts, J. (2002) ‘New directions in state and

international professional occupations: Discretionary decision making and acquired regulation’. Work Employment

and Society 16(2) pp. 341-53; see generally Dezalay, Y. and Sugarman, D. (Eds.) (1995) Professional Competition

and Professional Power: Lawyers, Accountants and the Social Construction of Markets. (London: Routledge);

Suddaby, R., Cooper, D., and Greenwood, R. (2007) Transnational Regulation of Professional Services: Governance

Dynamics of Field Level Organizational Change. Accounting Organizations & Society, 32: 333-362.

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All over the world debates continue about globalization and about how the emergence

of global law firms might lead to bureaucratization and increased commercialism as well

as to the erosion of national legal cultures.10 These debates also consider the impacts of

the globalization of the legal profession and law firms on the regulation and delivery of

legal education. The impact of globalization is most evident after the advent of the

General Agreement on Trade in Services (GATS) that has facilitated the movement of

lawyers and law firms across national jurisdictional boundaries, increasing thereby the

responsibility of institutions like the SLLC to prepare the budding lawyer to a global legal

practice. Rapid increases in the volume of international trade that has been propelled by

developments in information and communication technology has also created greater

opportunities for global lawyers who function as legal advisors to prospective investors

and assist them in the large volume of international commercial arbitration that arise

from disputes occurring occasionally in the global trading arena.

From a national perspective, there is the further challenge posed on institutions such as

SLLC by competition from foreign lawyers within its own native jurisdiction. Where the

competency levels of foreign lawyers prove to be higher than our own, local clients will

be tempted to retain foreign lawyers in preference to their local counterparts even at

higher costs. Similarly, when our traders encounter disputes overseas, they may feel

compelled to retain foreign lawyers as opposed to local practitioners to advise and

represent them, thus necessarily undermining our legal professional standing. Changes

brought about in legal education and regulation of admission to the Bar, now make it

easier for individuals with law degrees and legal practitioner status from one country to

„transfer‟ their credentials and, after suitable screening, to register as legal practitioners

in another country. It is therefore imperative that our standards of legal education at

SLLC and other institutions that “feed” students to SLLC for them to qualify as lawyers

such as the Universities of Colombo, Peradeniya, Jaffna, the Open University of Sri

Lanka and the Kotalawala Defence Academy, is enhanced to face international

competition. In fact, the Council of Legal Education Ordinance casts a heavy

responsibility on its members to take note of these trends, and to take effective

remedial measures. The revision of curricula and syllabi of the SLLC undertaken by this

Committee appointed by the Council of Legal Education is thus an important step for the

discharge of this onerous responsibility.

This report is a sequel to a decision taken by the Council of Legal Education on 12th

October, 2010 to appoint a committee to consider the revision of the curricula including

the syllabi of SLLC. The Council had on that occasion noted that a similar exercise had

been undertaken by a Committee appointed by the then Minister of Justice and Law

10

See for example Etherington, L. and Lee, R. 2007. Ethical Codes and Cultural Context: Ensuring Legal Ethics in

the Global Law Firm. Indiana Journal of Global Legal Studies 14 (1) 95-118; Francis, A. 2005. Legal ethics, the

marketplace and the fragmentation of legal professionalism. International Journal of the Legal Profession 12 (2)

173-200; Nicolson, D. and Webb, J. 2005. Public rules and private values: fractured profession (alism) s and

institutional ethics. International Journal of the Legal Profession 12 (2) 165-172.

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Reform to consider Reforms in the area of Legal Education (LEC) chaired by Hon. Justice

(Dr.) Shirani A. Bandaranayake, which had published a very comprehensive report on

Legal Education dated 27th November, 2009 (Final Report of LEC). The Council therefore

appointed Hon. Justice (Dr) Bandaranayake as the chairperson and the rest of the

members of LEC as members of the new committee to consider revision of the curricula

including syllabi of SLLC. In addition, the Council also appointed the Hon. Attorney

General or his nominee, the Solicitor General, Professor Camina Gunaratne, Dr. R.K.W.

Goonasekare and Mr. Palitha Kumarasinghe, P.C. as members of the Committee. It must

be placed on record that three successive Attorneys General have sat on this

Committee, namely, Hon. Mohan Peiris, who held office as Attorney General at the time

the Committee was originally appointed, Hon. Eva Wanasundara, P.C., who succeed

him, and the incumbent Attorney General Hon. Palitha Fernando, P.C.. It is also

necessary to place on record that Mr. Gomin Dayasiri and Mr. Paul Ratnayake, who were

members of LEC, and Dr. R.K.W. Goonesekare, who was appointed into the new

committee, indicated their inability to accept the appointments. Upon the elevation of

Hon. Justice (Dr.) Bandaranayake as Chief Justice, the Council of Legal Education

appointed me to take over as the Chairman of the Committee and complete the work.

The report to follow is the product of the extensive deliberations of the Committee and

its sub-committees on the curricular and syllabi of SLLC and some connected matters. I

take this opportunity to thank the Council of Legal Education for appointing me as the

Chairman of the Committee, and also convey my very sincere thanks to all members of

the Committee as well as the Principal, Registrar and Staff of SLLC, the Director and

Staff of IALS and the Secretaries of the Committee for all the support and assistance

extended to me in the preparation of this report.

12th September 2012 Justice Saleem Marsoof, PC

Judge of the Supreme Court of Sri Lanka

Chairman of the Committee

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TABLE OF CONTENTS

1. GENERAL INTRODUCTION 11

2. ADMISSION TO LAW COLLEGE 18

2.1 Entrance Requirements 18

3. CURRICULA OF SRI LANKA LAW COLLEGE 20

3.1 Introduction 20

3.2 Ground Realities 20

3.3 Need to formulate Detailed Curricula 21

4. PRELIMINARY YEAR 25

4.1 Preliminary Year Curriculum 25

4.2 Review of Preliminary Year Curriculum 26

4.4 Recommendations of CRC on Preliminary Year Curriculum 27

4.7 Criminal Law 28

4.9 Legal History & Legal System (Roman Law) 29

4.11 Recommendations of CRC on Preliminary Year Syllabi 30

5. INTERMEDIATE YEAR 32

5.1 Intermediate Year Curriculum 32

5.2 Review of Intermediate Year Curriculum 33

5.4 Recommendations of CRC on Intermediate Year Curriculum 34

5.5 Recommendations of CRC on Intermediate Year Syllabi 35

6. FINAL YEAR 37

6.1 Final Year Curriculum 37

6.2 Review of Final Year Curriculum 37

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6.4 Recommendations of CRC on Final Year Curriculum 39

6.6 Recommendations of CRC on Final Year Syllabi 40

7. FOURTH OR APPRENTICE YEAR 41

7.1 Practical Training & Apprenticeship 41

7.2 Recommendations of CRC in regard to the Fourth Year 41

7.3 The Facility of proceeding to a first degree in law 41

7.6 Optional Bachelor of Laws (LL.B) Course 44

8. RESTRUCTURING SRI LANKAN LAW COLLEGE (SLLC) 45

8.1 The Role of the Sri Lanka Law College within

the Sri Lankan Legal System 45

8.4 The challenge ahead and the way forward 46

8.7 Fees & Charges 49

9. ASSESSMENT OF COMPETENCE LEVELS 50

9.1 Assignments 50

9.4 Conduct of Examinations 51

9.5 Recommendations regarding conduct of Examinations 52

9.6 Exemptions 54

10. THE INSTITUTE OF ADVANCED LEGAL STUDIES (IALS) 55

10.1 The Future of the Institute of Advanced Legal Studies (IALS) 55

10.2 Subjects for Optional Bachelor degree (LL.B) Course 56

10.5 Master of Laws (LL.M) & other Post-Graduates courses of IALS 58

10.6 Recommendations regarding IALS 58

ANNEXURES

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1. GENERAL INTRODUCTION

1.1 Legal education in Sri Lanka has a long history, and is traceable to Section 17 of

the Charter of Justice of 1833, which authorised and empowered the Supreme Court to

“admit and enrol as advocates and proctors all such persons of good repute who upon

such examination by one or more of the said judges of the Supreme Court appear to be

of competent knowledge and ability." Accordingly, the Council of Legal Education (CLE)

was established in 1873 with the singular objective of setting up a mechanism for

training students in the discipline of law and to conduct the necessary examinations to

select those who were suitable to be admitted to the Bar as Advocates or Proctors. The

Ceylon Law College (as it then was) came into being under the auspices of the CLE one

year later, in 1874. The College so set up is now know as the Sri Lanka Law College

(SLLC).

1.2 Section 16 of the Courts Ordinance No 1 of 1889 in substance re-enacted Section 17

of the Charter of Justice, but expressly subjected the authority and power of the

Supreme Court to rules contained in the schedule to the said Ordinance. The said rules

enumerated the powers of CLE which were said to be “to supervise and control the legal

education of students desiring to qualify themselves as Advocates or Proctors.” The CLE

was also vested with the power of appointing a Principal of the Law College and other

staff for the College, which is now regulated by the provisions of the Council of Legal

Education Ordinance No 2 of 1900, as subsequently amended, which also incorporated

CLE 27 years after its initial establishment.

1.3 In terms of Section 2 of the Council of Legal Education Ordinance, the CLE

originally consisted of the Chief Justice, the Puisne Justices of the Supreme Court, the

Attorney General, the Solicitor General and five Advocates and two Proctors of the

Supreme Court and one Proctor of the District Court of Colombo named therein. In

1974, the Ordinance was amended by Act No. 6 of 1974 to change the composition of

the Council. The amendment provided for the Council to consist of the Chief Justice, the

Attorney General, the Secretary to the Ministry of Justice and four nominees of the

Minister of Justice. The amendment also provided for Rules of the Council to be made

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with the concurrence of the Minister in charge of the subject of Justice. Thus, State

involvement in the affairs of the CLE other than through Justices and the legal officers

of the State, was introduced for the first time in 1974.

1.4 By the Council of Legal Education (Amendment) Act No. 33 of 1993, the

composition of the Council was once again changed. The Council now consists of the

Chief Justice as its Chairman; the Attorney General, the Secretary to the Minister in

charge of the subject of Justice and the Solicitor General (as ex-officio members); two

Judges of the Supreme Court nominated by the Chief Justice; two members nominated

by the Bar Association; and six other members appointed by the Minister of Justice from

among persons of standing in the legal profession or persons who hold or have held

judicial office or who are or have been engaged in the teaching of law or legal research

or who have secured academic distinction in law or made contributions to legal

knowledge.

1.5 Section 7(1)(c), (d) and (e) of the said Ordinance provides that –

“(1) It shall be lawful for the Incorporated Council of Legal Education, with

the concurrence of the Minister, to make such by-laws, rules and orders as to

it shall seem necessary for any of the following purposes:-

…….

(c) for prescribing the course of studies and examinations to be

observed by such law students and the payments to be made

therefore;

(d) for the appointment of lecturers and examiners, and fixing the

salary or fees to be paid to such lecturers and examiners

respectively;

(e) for fixing the minimum number of marks to be earned by

candidates at several examinations; …”

1.6 It is interesting to note that the editors of the legislative enactments of the

Democratic Socialist Republic of Sri Lanka in Vol VI (CAP 109) have reproduced the

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provisions of the said Ordinance as amended up to 1980 omitting the preamble to the

Ordinance. This makes it difficult to comprehend the meaning and implications of the

phrase “such law students” in section 1(c) of the said Ordinance. However, the meaning

of the phrase “such law students” can be readily understood by reference to the

preamble to the Ordinance which may be seen in the original version of the Ordinance

as well as in the 1956 revision of the legislative enactments of Ceylon (Vol V) which

provides that,

“Whereas it is expedient to create the Council of Legal Education of this

Island a body corporate for the purpose of supervising and controlling the

legal education of law students desiring to qualify as advocates and

proctors,…”

It is clear from the above quoted words of the preamble that the Council of Legal

Education (CLE) is empowered only to prepare students for admission to the Bar, but

the provisions of the Ordinance do not envisage continuing legal education or post-

admission studies of any kind.

1.7 The distinct professions of Advocates and Proctors were merged in 1973 into one

single profession of Attorneys-at-law, and presently the main function of SLLC is the

preparation of law students for admission to the Bar as Attorneys-at-law. In the year

2009 a total number of 240 students entered the Sri Lanka law College after passing the

competitive examination known as the Law College Entrance Examination, and a more

or less similar number enter SLLC regularly through this gateway. Unfortunately this is a

very minute percentage of the thousands of students who aspire to enter the legal

profession in Sri Lanka. The other gateway to SLLC and eventually to the legal

profession is constituted by the Universities and other Institutions in Sri Lanka and

abroad which confer Bachelor of Laws (LLB) degrees. At present students are prepared

for this degree in Sri Lanka in the Faculty of Law of the Colombo University, the

Departments of Law of the Open University, Peradeniya University and Jaffna University,

all of which are regulated by the University Grants Commission of Sri Lanka. Additionally

the General Sir John Kotelawala Defence University (KDU) established by Parliamentary

Act No 68 of 1981 as subsequently amended, is empowered to confer the LLB degree,

but KDU is not regulated by the University Grants Commission.

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1.8 All law graduates who pass out of the Sri Lankan universities and institutions

mentioned above are exempt from the Preliminary and Intermediate Examinations for

the Admission of Attorneys-at-law and need only to pass the final examination for the

admission of Attorneys-at-Law conducted by the CLE and undergo the Practical Training

Program before being admitted to the Bar. In the year 2011 for instance, 336 students

were registered at SLLC for the Final Examination, of which 305 students passed the

examination and became eligible to enter the legal profession after completing practical

training and apprenticeship.

1.9 Apart from these law graduates, a fair number of foreign law graduates who

mainly acquire their LLB degrees from the University of London as external students,

enter the Law College to gain admission to the Bar. These graduates with foreign law

degrees are required to pass the Preliminary, Intermediate and Final Examinations for

the admission of Attorneys-at-Law conducted by CLE without the benefit of any

exemptions, and undergo practical training and apprenticeship to be eligible for

admission to the Bar. As at 2011 a total number of 66 foreign LLB graduates entered

the Law College, out of which a total of 35 students passed the Preliminary Level

Examinations held in April and October that year.

1.10 It is noteworthy that SLLC through its Advanced Legal Studies Unit established in

1999 (which had been known as the Institute of Advanced Legal Studies since October

2008) conducts an LLM degree program in International Trade Law in collaboration with

Holborn College, London and the University of Wales, Cardiff, United Kingdom, as well

as postgraduate Diploma courses in Intellectual Property Law, International Trade Law

and Corporate Law, and these programs have benefitted a large number of legal

practitioners, who were able to undertake postgraduate studies without going overseas

or seriously effecting their legal practice. However, it has to be observed that as noted

in paragraph 1.6 of this Report, continuing legal education provided by the Institute of

Advanced Legal Studies (IALS) in the form of post-graduate diploma and LL.M courses is

not strictly sanctioned by the Council of Legal Education Ordinance, and it would be

prudent to amend the said Ordinance suitably to continue with such activities.

1.11 This report is a sequel to a decision taken by the CLE on 12th October, 2010 to

appoint a committee to consider the revision of the curricula including the syllabi of

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SLLC. The Council had on that occasion noted that a similar exercise had been

undertaken by a Committee appointed by the then Minister of Justice and Law Reform

chaired by Hon. Justice (Dr.) Shirani A. Bandaranayake, which had published a very

comprehensive report on Legal Education dated 27th November, 2009.

The Council therefore decided to appoint to the proposed Curricula Revision Committee

(CRC) the Hon. Attorney General or his nominee, the Solicitor General, Dr. Camina

Gunaratne, Dr. R.K.W. Goonasekare and Mr. Palitha Kumarasinghe, P.C. in addition to

the members of the Legal Education Committee (LEC) appointed by the Hon. Minister of

Justice and Law Reform. Hon. Justice (Dr.) Shirani A. Bandaranayake was appointed as

the Chairperson of the Committee. Upon the elevation of Hon. Justice Bandaranayake as

Chief Justice of Sri Lanka, the Council of Legal Education appointed Hon. Justice Saleem

Marsoof, P.C. as the Chairman of the CRC. Unfortunately, Mr. Gomin Dayasiri and Mr.

Paul Ratnayake, who were members of LEC, and Dr. R.K.W. Goonesekare, who was

appointed into CRC, indicated their inability to accept the appointments and did not

participate in its deliberations.

1.12 CRC did not wish to duplicate the work already completed by LEC. The

Committee considered it important to consider developing the curricula already in

existence at SLLC with the singular objective of enhancing the knowledge base and the

skills of the students who undertake studies at SLLC with a view to augmenting levels of

competency of those who enter the legal profession, while also facilitating the

development of such competencies and skills through continuing legal education. In this

context, CRC based itself on the report of LEC and has only endeavoured to suggest any

variations or additions to the curricula and syllabi already recommended by LEC. In

doing so CRC has considered not only the structure, purview and functioning of SLLC in

training persons for admission as Attorney-at-law, but also the structure, purview and

functioning of the Advanced Legal Studies unit (formerly known as the Institute of the

Advanced Legal Studies) of SLLC.

1.13 It is important to note that LEC has endeavoured to obtain representations from

all who were interested in legal education through public notifications and other means

such as consulting the Dean of the Law Faculty of the University of Colombo and heads

of departments of law at the University of Peradeniya and the University of Jaffna. In

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fact, the Dean of the Law Faculty of the University of Colombo, Mr. N. Selvakumaran

continued to be an active member of CRC.

1.14 In regard to the syllabi in place at SLLC, the CRC considered the work done by

the LEC invaluable. The CRC sought from all lecturers teaching at SLLC students

preparing for the Preliminary, Intermediate and Final Examinations for the Admission of

Attorneys-at-Law, the actual syllabus followed by them in conducting their lectures,

which in most cases were known to be much more advanced than the outdated syllabi

officially used by SLLC. Although some lecturers readily cooperated in providing the

updated syllabi used by them, obtaining all syllabi used by almost all lecturers became

somewhat of a difficult task, considering that most of them were otherwise busy with

professional or official work.

1.15 CRC conducted six meetings and also divided itself into four sub-committees,

each on Commercial Law chaired by Mr. K. Neelakandan, Private Law chaired by Mr.

Palitha Kumarasinghe, P.C., Public Law chaired by Mr. N. Selvakkumaran and

Miscellaneous Law chaired by Hon. Justice Priyasath Dep, P.C., which met several times

to consider the curricula and syllabi in great detail. The recommendations of the

Committee on the syllabi are incorporated into this report which follows. The report also

seeks to suggest ways of overcoming some of the difficulties currently faced by SLLC

and enhancing the quality of legal education imparted at the College bring it on par with

pre-admission training imparted in Sri Lankan Universities as well as Universities from

other developed jurisdictions. This has become necessary in the context of globalization

which facilitates international commerce and intercourse, and the competition that has

to be faced from foreign lawyers and law firms, particularly in the fields of international

trade and international commercial arbitration. The CRC also considers it important to

develop expertise in certain fields to combat issues arising from Money Laundering and

other modern challenges.

1.16 In this context the Committee has considered the present structure, purview and

functioning of SLLC in the light of the provisions of the Council of Legal Education

Ordinance No 1 of 1907, as subsequently amended. It was the consensus of the

Committee that the preamble and some of the other provisions of the Ordinance require

amendment for the purpose of accommodating the present functioning of SLLC and for

17

the purpose of further developing its curriculum. The proposals of the Committee for the

amendments of the Ordinance are incorporated in paragraph 3.23 of this report.

1.17 The report to follow is the product of the extensive deliberations of the

committee on the curricular and syllabi of SLLC and some connected matters, but

cannot be understood by itself as it is based on the report of the Committee on Legal

Education (LEC) previously appointed by the Hon. Minister of Justice. Every effort has

been made to make use of the invaluable recommendations of LEC, and to confine this

report only for purpose of any revision or addition made necessary by the changes that

have taken place since the publication of that report and to make further

recommendations concerning certain structural, administrative and functional changes

that are considered necessary to meet the challenges faced by the legal profession in

contemporary society.

18

2. ADMISSION TO LAW COLLEGE

2.1 ENTRANCE REQUIREMENTS

The rules of the Council of Legal Education (CLE) pertaining to admission to the Sri

Lanka Law College (SLLC) which are currently in use are set out in the Principal‟s

observations on the need to update curricula at Sri Lanka Law College addressed to CRC

by the incumbent Principal of SLLC Dr. W.D. Rodrigo, P.C., which is appended to this

Report as Annexure I-A. An important hurdle for any entrant to SLLC who has satisfied

entry requirements including success at the G.C.E (Advanced Level) Examination, is to

pass the highly competitive Law College Entrance Examination, which currently consists

of a single paper titled “Background to the Law”. A candidate may elect to answer the

paper in Sinhala, Tamil or English languages. The Entrance Examination for admission to

Law College for every academic year is held in the first week of July.

2.2 The Curricula and Syllabi Revision Committee (CRC) has considered paragraphs

2.1 and 2.2 of the Final Report of the Legal Education Committee (LEC) appointed by

the Hon Minister of Justice and Law Reform, and was in general agreement with the

recommendations of the latter Committee. In paragraph 2.1 of the Final Report of LEC,

it has been recommended that to be eligible to sit the Law College Entrance

Examination every candidate should possess 3 passes at the GCE Advanced Level

Examination of which 2 should be credit passes, in addition to the other existing

requirements. CRC is in agreement with this recommendation, and also with the

recommendation of LEC contained in paragraph 2.2.2 of its report that the maximum

age limit for admission as a student of Law College should remain at 35 years at the

point of entry.

2.3 In regard to the structure of the Entrance Examination, the CRC was in

agreement with paragraph 2.1 of the Final Report of LEC that the Law College Entrance

Examination should revert to the earlier system consisting of two papers, namely:

1) General Knowledge & IQ test; and

2) Language Paper (Sinhala, Tamil or English)

19

LEC has also raised the question as to whether Paper 1) above should include some

questions on “elementary constitutional law, legal system and other day to day matters

which even a layman would be exposed to in his dealings with others in his day to day

affairs”, and the members of CRC were of the opinion that matters of a general nature

including the legal environment, could be included without making the preparation for

the Law College Entrance Examination unduly cumbersome.

2.4 In the context of the Language Paper 2) above, it is necessary to clarify that

under the old system, a candidate could choose to answer Paper 2) in Sinhalese, Tamil

or English, but in the event that he or she chose to sit the English Language Paper, he

or she should sit the General Knowledge & IQ paper in Sinhalese or Tamil; and that

alternatively, if the candidate sat Paper 1) above in English, he or she has necessarily to

sit Paper 2 in Sinhala or Tamil. It is the consensus of CRC that the reversion to the old

system would give impetus to the proficiency of any student entering SLLC in both

Swabasha and English, a quality becoming increasingly important to the practice of law

in the modern context. This is even more important in the context that the medium of

instruction at SLLC is English throughout, although students are permitted currently to

sit the examinations in Sinhala, Tamil or English.

2.5 CRC further recommends that soon after the students are finally selected for

admission to SLLC on the results of the Entrance Examination, all students who did not

sit the English Language paper at the Entrance Examination should be required to sit a

Special English Proficiency paper structured in such a manner as to facilitate the

assessment of the English proficiency of the candidate. The marks obtained at this

examination, could be used to classify all entrants to SLLC into different groups

depending on their level of English proficiency, to facilitate the conduct of special

English language classes paying sufficient attention to the level of English proficiency of

each student prior to the commencement of legal studies. It is proposed that such

special English classes be held in the months of October, November and December prior

to commencement of law lectures in January.

20

3. CURRICULA OF SRI LANKA LAW COLLEGE

3.1 INTRODUCTION

At present the curricula for students preparing for admission to the Bar at the Sri Lanka

Law College (SLLC) is structured as a course of studies of three years‟ duration each

year culminating in an examination, titled the Preliminary, Intermediate and Final

Examination for the Admission of Attorneys-at-law. A copy of the Orientation Guide that

is made available to the students upon admission to SLLC is appended to this Report as

Annexure I-B. Assessment of students take place at SLLC on a bi-annual basis

commencing in the months of April and October each year, and the schedules of

assignments tests and examinations used in the year 2011 are appended to this Report

respectively as Annexures I-C (April 2011 Time Table) and I-D (October 2011 Time

Table). These annexures would give an idea of the curricula and subjects currently

available at SLLC, and are revealing in many respects. Students who complete the

Preliminary, Intermediate and Final years of studies successfully, will then proceed into

a practical year (Fourth Year) in which they undergo a Practical Training program

organized by SLLC and a prescribed period of apprenticeship in the chambers of a senior

legal practitioner. Currently, the prescribed period of apprenticeship is of 6 months

duration.

3.2 GROUND REALITIES

To give an idea of the ground realities and problems faced by SLLC, there is no better

way than to quote a paragraph from the response of Mr. Janak de Silva, Deputy Solicitor

General, who teaches Constitutional Law at SLLC, which is fully reproduced as Annexure

II to this Report, under the heading, “General Proposals on Teaching Methods etc”. Mr.

de Silva, who is a distinguished alumni of SLLC, laments that-

“After more than 20 years since leaving Sri Lanka Law College, it is regrettable to

see many of the habits and practices of students are still the same. Outdated notes

are printed / photocopied and sold by unions/student groups/senior

students/lawyers to the new students. More worrying is the fact that lecture

21

notes/power point presentations made by the lecturers are photocopied and sold

with the name of the seller. The practice of “proxying” goes unabated. The

Lecturers who seek to enforce it is faced with time constraint and criticism. The

first year lecture hall is inadequate in many aspects. A full or even half empty hall

makes it too warm for any productive academic session. The sound system does

not enable the lecturer to walk round the lecture hall with a view to initiate a

dialogue on the lecture. I hope that the Committee can place these issues before

the authorities for necessary consideration.”

The above quoted paragraph focuses on the main issues currently faced by SLLC, which

has unfortunately become the order of the day at SLLC, and needs to be taken into

careful consideration by CLE as well as the Principal of SLLC in formulating its policy for

the future wellbeing and progress of SLLC. The failure to do so could have disastrous

results.

3.3 NEED TO FORMULATE DETAILED CURRICULA

Noted educationist, A.V. Kelly, has defined curricula, and its singular form, a curriculum,

so as to embrace “All the learning which is planned and guided by the school, whether it

is carried on in groups or individually, inside or outside the school.”(Kelly, A. V. (1999)

The Curriculum: Theory and Practice, London: Paul Chapman). Elaborating on this in the

context of the curricula of SLLC, the Principal Dr. W.D Rodrigo, P.C, notes that as

learning has to be planned and guided, it is necessary to specify in advance what is

sought to be achieved and how we are to go about achieving it. His valuable insights in

regard to the process of formulating relevant curricula for SLLC at all levels of the

program of study at SLLC, are contained in his observations addressed to the CRC which

is appended to this Report as Annexure I-A. His main recommendation in this regard,

which is embodied in the following paragraph of his Note, is quoted below:-

“At present all lecturers at the Sri Lanka Law College are highly qualified and

experienced academics and practitioners who are competent to impart knowledge

at the correct level with the minimum guidance from the syllabuses. However, as

education is the process by which knowledge, skills and attitudes are transmitted

22

or 'delivered' to students by the most effective methods that can be devised, it is

not safe to leave it to the subjective judgment of individual teachers. Hence, it is

important to have properly devised curricula for all subjects. This is particularly

important to guide local and foreign law graduates who have to prepare for their

examinations within a short period without the benefit of Law College lectures.”

CRC is happy to recommend the formulation of relevant curricula, according to a

uniform design to be stipulated by the Council of Legal Education, and its adoption for

use at SLLC.

3.4 CRC also endorses the following recommendation of LEC contained in page 23 of

its Final Report, which is quoted below in full:

“Therefore, it is suggested that the Core areas such as Constitutional Law,

Administrative Law, Contract, Delict, Criminal Law, Law of Persons and Property,

and Commercial Law be taught with reference to basic principles and statutes so

that the students who are well grounded on the fundamentals could easily further

read and research into other areas of relevance in other subjects as well.

It is recommended that students should be given the opportunity of actively

participating in the course through seminars, rather than traditional lectures, and

that moot courts be organised with reference to certain selected topics.”

3.5 Additionally, as proposed by Mr. Janak de Silva, in his response to CRC, it is also

essential to give meaning to the curricula so formulated by-

(a) Preparing a standard book / collection of articles, papers on the subject (in

the lines of the material now used by the Open University of Sri Lanka) and make

it available to the students through the Sri Lanka Law College;

(b) Either adopting methods to ensure the attendance requirement is enforced

by all, or do away with it completely; and

(c) Improve lecture room facilities, especially in the 1st Year lecture Hall, and

generally improve the infra-structure available for students and staff at SLLC.

23

3.6 It is the view of CRC that attendance at lectures at SLLC can, and will, improve

only if serious thought is given to the above considerations, and there is some

meaningful improvement in the infrastructure and facilities currently available at SLLC, a

matter which will be considered in greater depth in paragraphs 8.4 to 8.6 and 9.1 to 9.5

of this Report. CRC also recommends the formulation of syllabi according to a uniform

design to be stipulated by the Council of Legal Education for use at SLLC, using the

basic material included in Annexure III to XLI appended to this Report. It is further

recommended that the syllabi so formulated should be supplemented by course material

which should be made available by SLLC. In this connection it is necessary to note that

Mr. S. Egalahewa, a very senior legal practitioner, who teaches Industrial Law at SLLC

has prepared extremely useful course material for his use (a copy of which he made

available to SLLC but is not reproduced as part of this Report for reasons of copyright

and volume) which can in fact serve as a model for formulation of course material in

other subjects taught at SLLC as well. It is recommended that incentives should be

provided for the preparation of course material for use at lectures as this will

significantly cut on class room time that is used for dictation of notes, and can pave the

way for greater discussion and other effective class room activities which could be

designed to make the class room more effective and stimulating, providing greater and

more in-depth understanding of the subjects taught while determining the required

skills. It is also the recommendation of CRC that meaningful changes be brought about

in teaching methods currently employed at SLLC, and in particular, some form of

pedagogical training be introduced for lecturers and tutors, whether permanent or

visiting, for developing teaching skills. In fact SLLC should also consider using online

methods of pedagogy which would encourage and facilitate reflection and self

evaluation by the lecturers themselves. Lecturers of SLLC should be encouraged to use

online research and teaching methods and to have healthy dialogue with their students

on matters falling within the syllabus that could stimulate further research, thinking and

reflection.

3.7 CRC as well as it‟s Sub Committees on Public Law, Private Law, Commercial Law

and Miscellaneous Law considered in depth the existing curricula of SLLC. CRC took into

consideration the fact that a fair proportion of students admitted to SLLC in any

24

particular year lacked basic proficiency in English Language, and even if they are

exposed to a crash English Language program as recommended in paragraph 2.5 of this

Report, they will necessarily face difficulties in following lectures which are conducted

only in English throughout the entire period of their studentship at SLLC, although they

enjoy the option of answering the examination papers in either Sinhala, Tamil or English

Language. It was the consensus of CRC that a continuous program should be in place at

SLLC throughout the studentship of any student to cater to the needs of those facing

difficulties with the English Language, and particularly with what may be described as

“Legal English”. SLLC should also explore the possibility of an online course in English

which the students could benefit from even during the vacations from their own homes.

Designing such courses requires some training, but is feasible.

3.8 Apart from this issue, the enhancement of the quality of lectures and other activities

conducted at the SLLC in the Preliminary Year with the objective of enhancing

awareness of the legal environment, creating interest in the student, preventing drop-

outs and promoting continuity while developing the knowledge base and required skills,

will be considered in detail later in paragraphs 8.4 to 8.6 and 9.1 to 9.5 of this Report.

25

4. PRELIMINARY YEAR

4.1 PRELIMINARY YEAR CURRICULUM

As already noted, the course of studies of three years‟ duration at SLLC is currently

within the first, second and third years, culminating each year with an examination in

the month of October. The Preliminary Year study is currently conducted in the following

manner (name or names of the lecturer or lecturers who teach a subject or part thereof

is included in the third vertical column):

Preliminary Year

Subject Name of Lecturer

1 Criminal Law Compulsory Mr. Jayantha Jayasuriya, PC ASG

2 Constitutional Law Compulsory Mr. Janak de Silva, DSG and Mrs. F. R. C. Thalayasingham

3A Legal History & Legal Systems

Compulsory Mr. H. I. Perera

3B Legal History & Legal Systems (Part III Roman Law)

Compulsory Dr. D. M. Karunaratne

4A Law of Persons (general principles)

Compulsory Mr. A. H. G. Ameen

4B Law of Persons (Personal Laws)

Compulsory Mr. A. H. G. Ameen (Muslim Law); Mrs. Indira Samarasinghe, PC (Kandyan Law); Mr. S. Selvakunapalan (Tesawalamai Law);

4C Law of Persons (Succession) Compulsory Mr. A.H.M.D Nawaz, DSG (Succession)

5 Industrial Law Compulsory Mr. S. Egalahewa

6 Law of Obligations I (Contracts)

Compulsory Dr. W. D. Rodrigo, PC

The Preliminary Year course consists of six subjects, all of which are compulsory, which

will each be marked out of 100 marks (including assignment marks) and adding up to a

26

total of 600 marks. Legal History and Legal Systems is a single subject consisting of two

parts, of which the first part deals with the general principles relating to persons which

is taught by Mr. A. H. G. Ameen, and general principles relating to succession which is

taught by Mr. A.H.M.D. Nawaz, and the second part deals with personal laws, which are

taught by Mrs. Indira Samarasinghe, P.C (Kandyan Law), Mr. S. Selvakunapalan

(Tesawalamai Law) and Mr. A.H.G.Ameen (Muslim Law).

4.2 REVIEW OF PRELIMINARY YEAR CURRICULUM

The above curriculum was subjected to extensive review by the Committee and the

relevant sub-committees, and the CRC took note of the fact that the performance of

the relevant lecturers showed some variations, as illustrated by the following table.

Preliminary Year

Subject Number of Scheduled Lectures for 2011

Number of Lectures actually conducted in 2011

1 Criminal Law 65 61

2 Constitutional Law 65 42

3A Legal History & Legal Systems (General Principles)

40 46

3B Legal History & Legal Systems (Roman Law) 18 16

4A Law of Persons 40 40

4B Law of Persons (Personal Laws) 30 28

4C Law of Persons (Succession) 20 08

5 Industrial Law 45 50

6 Law of Obligations I (Contracts) 75 75

If one takes the above table showing the number of hours of lectures completed by

each lecturer in the Preliminary Year in 2011 to consideration, it will be noticed that

while the lecturers in Industrial Law and Legal History and Legal Systems (general

principles) had exceeded their quota slightly (with no extra payment), the lecturers in

Law of Persons (general principles) and Obligations (1) had completed all their lectures,

while the lecturers in Constitutional Law and Law of Succession did not complete a large

number of lectures assigned to them.

27

4.3 While the lecturers who exceeded their quota or completed them need to be

complimented, the serious shortfall in the two subjects noted above would have affected

the class seriously, as the subjects involved were important parts of the curricula. The

single explanation for this shortfall was that the two lecturers concerned were senior

officers in the Attorney General‟s Department, who could not find the time to complete

the lectures due to pressure of work, which is a problem that should be addressed and

redressed.

4.4 RECOMMENDATIONS OF CRC ON PRELIMINARY YEAR CURRICULUM

As already noted in paragraph 3.7 of this Report, CRC as well as its various Sub

Committees has given thought to the fact that a fair proportion of students admitted to

SLLC in any particular year lacked basic proficiency in English Language, and even if

they are exposed to a crash English Language program as recommended in paragraph

2.5 of this Report, they will necessarily face difficulties in following lectures which are

conducted only in English throughout the entire period of their studentship at SLLC,

although they enjoy the option of answering the examination papers in either Sinhala,

Tamil or English Language. CRC has therefore recommended in paragraph 3.7 of this

Report that a continuous program should be in place at SLLC throughout its study

program to cater to the needs of students facing difficulties with the English Language.

4.5 In the light of the above considerations, CRC was unanimous in its view that the

curriculum of the Preliminary Year should consist of the same number of subjects that

are presently included in its Preliminary Year curriculum, and the subjects too should not

be changed. In the opinion of CRC, the subjects included in the current curriculum for

the Preliminary Year are subjects which can be regarded as foundation level subjects

which can be useful in comprehending subjects to be taught in the succeeding years.

They are also less complicated subjects and of a number which will not in the opinion of

CRC be of an onerous nature to a beginner entering the arena of legal studies,

especially to a student whose proficiency in English is not very high.

28

4.6 In this connection it is pertinent to note that the Committee appointed by the

Hon. Minister of Justice on Legal Education (LEC) had recommended at pages 6 and 23

of its Final Report that co-areas “such as Constitutional Law, Administrative Law,

Contract, Delict , Criminal Law, Persons and Property Law and Commercial law be

taught with reference to basic principles and statutes so that the students who are well

grounded on the fundamentals could easily further read and research into other areas of

relevance in other subject as well.” There was general consensus at the CRC that the

above recommendation was generally applicable and should be applied with respect to

all the subjects included in the curriculum at SLLC.

4.7 CRIMINAL LAW

In the light of the aforesaid recommendation of LEC and its further recommendation

(found at page 6 of its Final Report) that certain specialized statutes such as the

Computer Crimes Act, the Financial Transactions Reporting Act, the Electronic

Transactions Act, the National Authority on Tobacco and Alcohol Act, the Payment of

Devices Frauds Act, the Code of Criminal Procedures (Special Provisions) Act No. 42 of

2007, the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic

substances Act, the Marine Pollutions Prevention Act and the Environmental Law and

Regulations should be included in the Criminal Law syllabus, CRC sought the views of

Mr. Jayantha Jayasuriya, P.C, Additional Solicitor General, who teaches Criminal Law at

SLLC. In response, Mr. Jayasuriya recommended a few more statutes for inclusion in the

Criminal Law syllabus, such as the Prevention of Money Laundering Act, No 5 of 2006

and the Convention on the Suppression of Terrorist Financing Act, No 25 of 2005. He

also suggested that in view of the consequent pressure on time, the subject be divided

into two parts, namely, Criminal Law I - General Principles of Criminal Liability and

Criminal Law II - Offences under the Penal Code and other Special Statutes, and

allocate lecture hours for these two subjects separately.

4.8 After considering the aforesaid suggestion in depth, the Public Law sub-

committee of CRC, has recommended that Criminal Law be taught in the Preliminary

Year by reference to general principles of criminal liability using the Penal Code and few

important criminal statutes of a general nature to illustrate the general principles, and a

29

specialized and in-depth study of Specialized Criminal Statutes may be undertaken by a

student opting to do so in a later year. The said recommendation of the Public Law sub-

committee is endorsed by the CRC, and it is hereby recommended that the subject of

Criminal Law be divided into two parts, namely-

(i) Criminal Law which shall comprise the general principles of criminal liability in

the context of the Penal Code and other statutes of a general nature imposing

criminal liability, which shall be taught in the Preliminary Year; and

(ii) Special Criminal Statutes, shall be taught as an optional subject or as part of an

optional course in a later year.

4.9 LEGAL HISTORY & LEGAL SYSTEM (ROMAN LAW)

As regards the teaching of Roman Law, which is an important part of Legal History &

Legal System, CRC as well as its Personal Law sub-committee has taken note of the

following observations made by Dr. D.M. Karunaratne with respect to the teaching of

Roman Law:-

18 hours have been allocated for Roman Law. Only four (4) questions are given as

part of a question paper. The Syllabus broadly refers to the major areas of the

Roman Law namely, `the history and the sources of the Roman Law, the Law of

Persons, Property, Succession, Obligation and Actions'.

Considering the fact that only 18 hours have been allocated and four (4) questions

are given as part of a subject, I propose to re-organize the current Syllabus by

identifying the important areas in each law (in the Laws of Persons, Property,

Succession, Obligation and Actions) that should receive special attention.

In the light of the above quoted observation, CRC considers that the number of hours

allocated for the teaching of Roman Law is inadequate, and should be increased to 25

hours. This will make it possible for Roman Law, the study of which is essential for

better understanding of other subjects taught at SLLC such as Law of Persons, Law of

Property and Law of Obligations, to be introduced in a useful manner.

30

4.10 In the light of these considerations, CRC recommends that the lecture hours

allocated for each subject be varied as follows:-

Preliminary Year

Subject Number of lecture hours recommended for allocation

Whether compulsory or optional

1 Criminal Law 60 Compulsory

2 Constitutional Law 60 Compulsory


40 Compulsory

3B Legal History & Legal Systems (Roman Law) 25 Compulsory

4A Law of Persons 40 Compulsory

4B Law of Persons (Personal Laws) 30 Compulsory

4C Law of Persons (Succession) 20 Compulsory

5 Industrial Law 50 Compulsory

6 Law of Obligations I (Contracts) 60 Compulsory

4.11 RECOMMENDATIONS OF CRC ON PRELIMINARY YEAR SYLLABI

CRC and its various sub-committees examined the SLLC syllabi found as Schedule I of

the Rules of the Incorporated Council of Legal Education of Sri Lanka (CLE) which have

been also been reproduced as Annexure 3 to the Final Report of the LEC, which were for

the most part outdated and in need of revision. In fact, the lecturers who currently

teach these subjects at SLLC had on their own attempted to improve on these syllabi for

the purpose of their lectures, and strongly recommended that the changes introduced

by them be formalized. CRC was also of the opinion that in any event, the relevant

syllabi should be revised and updated to keep pace with modern needs.

31

4.12 Accordingly, it is hereby recommended that the Syllabus appended to this Report

as Annexure III to XI be adopted for teaching the subjects falling within the curricula of

the Preliminary Year of SLLC, in the following manner:-

Preliminary Year


Syllabus appended to CRC Report as:

1 Criminal Law 60 Annexure III

2 Constitutional Law 60 Annexure IV


40 Annexure V

3B Legal History & Legal Systems (Roman Law) 25 Annexure VI

4A Law of Persons 40 Annexure VII

4B Law of Persons (Personal Laws) 30 Annexure VIII

4C Law of Persons (Succession) 20 Annexure IX

5 Industrial Law 50 Annexure X

6 Law of Obligations I (Contracts) 60 Annexure XI

32

5. INTERMEDIATE YEAR

5.1 INTERMEDIATE YEAR CURRICULUM

The Intermediate Year study is currently conducted in the following manner (name or

names of the lecturer or lecturers included in the third vertical column):

The Intermediate Year course currently consists of six compulsory subjects, and one

optional subject, which together account for a total of 700 marks. Of the compulsory

subjects, Law of Trusts and Interpretation of Statutes make up only two parts of one

paper accounting for a total of 100 marks (including assignment marks).

Intermediate Year


1 Administrative Law Compulsory Dr. Jayantha de A. Gunaratne, P.C

2 Law of Obligations II (Civil Wrongs)

Compulsory Dr. W. D. Rodrigo, P.C

3A Law of Trust Compulsory Mr. H. I. Perera

3B Interpretation of Statutes Compulsory Ms. D.V.V.S. Fernando

4 Jurisprudence Compulsory Mr. Seevali Amitirigala

5 Law of Property I Compulsory Mrs. Indira Samarasinghe, P.C

6A Law of Property II (Part I) Compulsory Mrs. Indira Samarasinghe, P.C

6B Law of Property II (Part II) Compulsory Mrs. Indira Samarasinghe, P.C (Kandyan Law); Mr. S. Selvakunapalan (Tesawalamai Law); Mr. A.H.G. Ameen (Muslim Law)

7A Public International Law Optional Mr. Seevali Amithirigala

7B Revenue Law Optional Mr. F. N. Gunawardane

7C Environmental Law Optional Mrs. F. R. C. Thalayasingham

7D Intellectual Property Law Optional Dr. D. M. Karunaratne

33

However, Law of Property I, which covers statute law, is assigned 100 marks and Law of

Property II an additional 100 marks (in both instances including assignment marks). In

fact Law of Property II is divided into two parts namely Part I which deal with general

principles and Part II which deals with personal laws such as Kandyan Law,

Thesawalamai Law and Muslim Law. The optional subject, which may be selected out of

four optionals, namely Public International Law, Revenue Law, Environmental Law and

Intellectual Property Law account for 100 marks, whatever may be the option selected

by the student.

5.2 REVIEW OF INTERMEDIATE YEAR CURRICULUM

The curriculum described in the previous section was also subjected to extensive review

by the Committee and the relevant sub-committees. One of the factors taken into

consideration by the Committee was the input from the relevant lecturers teaching the

subject in each year, which showed great variations in the performance of the lecturers

concerned, which is illustrated by the following table.

Intermediate Year



1 Administrative Law 60 36

2 Law of Obligations II (Civil Wrongs) 75 71

3A Law of Trust 25 20

3B Interpretation of Statutes 30 47

4 Jurisprudence 50 42

5 Law of Property I 45 38

6A Law of Property II (Part I) 45 34

6B Law of Property II (Part II) 30 32

7A Public International Law 55 42

7B Revenue Law 50 19.5

7C Environmental Law 55 55

7D Intellectual Property Law 55 39


each lecturer in the Intermediate Year in 2011 to consideration, it will be noticed that

while the lecturers in Interpretation of Statutes and Law of Property II (Part II) have

34

exceeded their quota slightly (with no extra payment) and the lecturer in Environmental

Law has completed all his lectures, the lecturers in Administrative Law, Jurisprudence,

Law of Property I, Law of Property II (Part I), Public International Law, Revenue Law

and Intellectual Property Law did not complete a large number of lectures assigned to

them.


complimented, the serious shortfall in the seven subjects noted above would have

affected the class seriously, as the subjects involved were important parts of the

curricula. The single explanation for this shortfall was that while the lecturer in

Administrative Law is a leading President‟s Counsel, the lecturers in Jurisprudence,

Public International Law and Revenue Law are senior practitioners, all of whom have a

busy practice, which impairs their attendance at lectures. Similarly, the lecturers in Law

of Property I, Law of Property II (Part I) and Intellectual Property Law are senior public

officers who too had pressures of official work. While the knowledge and experience

senior lawyers who are either practicing or hold public office bring in to the teaching

faculty of SLLC cannot be undermined and is deeply appreciated, the serious shortfall in

attendance at lectures by these teachers would nonetheless affect the quality of legal

education imparted at the College. This is a serious question that has to be addressed

and remedial measures taken.

5.4 RECOMMENDATIONS OF CRC ON INTERMEDIATE YEAR CURRICULUM

As far as the Intermediate Year Curriculum is concerned, there was general agreement

among the members of the Committee that the subjects currently taught in the

Intermediate Year should continue, with some variations in the syllabi to keep pace with

modern trends, but Public International Law which is now an optional subject should be

made a compulsory subject in view of its contemporary importance in almost all aspects

of law. Furthermore, it was thought that Private International Law (Conflict of Laws)

should be added to the curriculum as an optional subject, in view of its general

importance in areas such as international trade, e-commerce and even personal

international relationships and intercourse. Accordingly, the recommended curriculum

for the Intermediate Year will be as displayed below:

35

Intermediate Year

Subject Number of lectures recommended for allocation

Whether compulsory or optional

1 Administrative Law 60 Compulsory

2 Law of Obligations II (Civil Wrongs) 60 Compulsory

3A Law of Trust 30 Compulsory

3B Interpretation of Statutes 30 Compulsory

4 Jurisprudence 50 Compulsory

5 Law of Property I 45 Compulsory

6A Law of Property II (Part I) 45 Compulsory

6B Law of Property II (Part II) 30 Compulsory

7 Public International Law 55 Compulsory

8A Revenue Law 60 Optional

8B Environmental Law 60 Optional

8C Intellectual Property Law 60 Optional

8D Private International Law 60 Optional

From the above, it will be noticed that the Intermediate curriculum has been slightly

varied with Public International Law upgraded as a compulsory subject, bringing the

number of compulsory subjects to 7, and Private International Law (Conflict of Laws)

replacing Public International Law as one of the optional subjects, with slight variations

in the assignment of lecture hours.

5.5 RECOMMENDATIONS OF CRC ON INTERMEDIATE YEAR SYLLABI

CRC and its various sub-committees examined the SLLC syllabi relating to Intermediate

Year subjects found as Schedule I of the Rules of the Incorporated Council of Legal

Education of Sri Lanka (CLE) which have been also been reproduced as Annexure 3 to

the Final Report of the LEC, which were for the most part outdated and in need of

revision, and had been informally updated by most of the lecturers teaching the relevant

subjects. CRC recommends that the changes introduced by the lecturers in keeping with

modern needs be formalized, and further revised.

36

5.6 Accordingly, it is hereby recommended that the Syllabus appended to this Report as

Annexure XII to XXIV be adopted for teaching the subjects falling within the curricula of

the Intermediate Year of SLLC, in the following manner:-

Subject Number of lectures recommended for allocation


1 Administrative Law 60 Annexure XII

2 Law of Obligations II (Civil Wrongs) 60 Annexure XIII

3A Law of Trust 30 Annexure XIV

3B Interpretation of Statutes 30 Annexure XV

4 Jurisprudence 50 Annexure XVI

5 Law of Property I 45 Annexure XVII

6A Law of Property II (Part I) 45 Annexure XVIII

6B Law of Property II (Part II) 30 Annexure XIX

7 Public International Law 55 Annexure XX

8A Revenue Law 60 Annexure XXI

8B Environmental Law 60 Annexure XXII

8C Intellectual Property Law 60 Annexure XXIII

8D Private International Law 60 Annexure XXIV

37

6. FINAL YEAR

6.1 FINAL YEAR CURRUCULUM

A similar analysis may be possible in regard to the third year of study at SLLC. The Final

Year study is currently conducted in the following manner (name or names of the

lecturer or lecturers included in the third vertical column):

Final Year


1 Law of Evidence Compulsory Mr. Buwanaka Aluvwihare, DSG

2 Criminal Procedure Compulsory Mr. Sarath Jayamanne, DSG

3 Commercial Law I Compulsory Mr. Nihal Jayawardane

4 Commercial Law II Compulsory Mrs. Indika Demuni de Silva, DSG

5 Civil Procedure I Compulsory Mr. Uditha Igalahewa

6A Civil Procedure II Compulsory Mr. Vikum de Abrew, SC

6B Civil Procedure II (Executors & Administrators)

Compulsory Mrs. Indira Samarasinghe, PC

7A Trust Accounts & Book Keeping Compulsory Mr. H. W. Premaratne

7B Professional Ethics Compulsory Dr. W. D. Rodrigo, PC

8 Conveyancing Optional Mr. Nihal Peiris

The Final Year course consists of seven compulsory subjects, and one optional subject,

which together account for a total of 800 marks if the student opts to sit the optional

subject of Conveyancing, which is mainly taken by those planning to have a notarial

practice. If he or she does not opt to sit this subject, the total marks that can be

obtained is only 700 marks. Accounts and Professional Ethics are counted as two papers

of one subject, and together account for 100 marks.

6.2 REVIEW OF FINAL YEAR CURRICULUM

The curriculum described in the previous section was also subjected to extensive review

by the Committee and the relevant sub-committees. One of the factors taken into

38

consideration by the Committee was the input from the relevant lecturers teaching the

subject in each year, which showed great variations in the performance of the lecturers

concerned, which is illustrated by the following table.

Final Year



1 Law of Evidence 90 76

2 Criminal Procedure 65 92

3 Commercial Law I 45 50

4 Commercial Law II 45 80

5 Civil Procedure I 50 50

6A Civil Procedure II 50 53


20 11

7A Trust Accounts & Book Keeping 50 50

7B Professional Ethics 30 26

8 Conveyancing 60 53


each lecturer in the Final Year in 2011 to consideration, it will be noticed that while the

lecturers in Criminal Procedure, Commercial Law I & II and Civil Procedure II have

exceeded their quota slightly (with no extra payment) and the lecturer in Civil Procedure

I and Trust Accounts & Book Keeping have completed all their lectures, the lecturers in

Law of Evidence, Civil Procedure II (Executors & Administrators), Professional Ethics,

Conveyancing did not complete a large number of lectures assigned to them.


complimented, the serious shortfall in the four subjects noted above would have

affected the class seriously, as the subjects involved were important parts of the

curricula. The single explanation for the major shortfalls in the actual lecture hours

conducted for Law of Evidence, Civil Procedure II (Executors & Administrators) and

Conveyancing was that the lecturers teaching these subjects are senior officials and

hence their regular attendance for lectures is impaired by their busy schedule. This is a

39

serious question that has to be addressed and an appropriate remedy needs to be

provided.

6.4 RECOMMENDATIONS OF CRC ON FINAL YEAR CURRICULUM

There was consensus among members of CRC that the curriculum for the Final Year

should continue to consist of primarily of procedural subjects such as Criminal

Procedure, Civil Procdure I & II, with the exception of Law of Evidence, which has

contains some elements of procedural law in addition to its substantive contents, Trusts

Accounts & Book Keeping, Professional Ethics, Commercial Law I & II and

Conveyancing. However, in view of the importance of appellate procedure, it was

strongly recommended by the sub-committees that a new subject should be introduced

into the Final Year curriculum entitled Appellate Procedure, which should also be a

compulsory subject. Conveyancing, which also has traditionally been taught in the Final

Year, has certain substantive and procedural elements but has been an optional subject.

The members of CRC were in favour of adopting the recommendation of LEC of

extending the scope of Conveyancing taught at SLLC to include Legal Documentation in

the lines of the syllabus already formulated and embodied in the Report of LEC at pages

20 to 23, and made a compulsory subject.

6.5 Accordingly, the curriculum for the Final Year as recommended by the CRC is

diagrammatically depicted below:

Final Year


Whether Compulsory or Optional

1 Law of Evidence 70 Compulsory

2 Criminal Procedure 70 Compulsory

3 Commercial Law I 70 Compulsory

4 Commercial Law II 70 Compulsory

5 Civil Procedure I 50 Compulsory

6A Civil Procedure II 50 Compulsory


20 Compulsory

7 Appellate Procedure 60 Compulsory

8 Conveyancing & Legal Documentation 70 Compulsory

40

9A Trust Accounts & Book Keeping 50 Compulsory

9B Professional Ethics 30 Compulsory

6.6 RECOMMENDATIONS OF CRC ON FINAL YEAR SYLLABI

CRC and its various sub-committees examined the SLLC syllabi relating to Final Year

subjects found as Schedule I of the Rules of the Incorporated Council of Legal Education

of Sri Lanka (CLE) which have been also been reproduced as Annexure 3 to the Final

Report of the LEC, which were for the most part outdated and in need of revision, and

had been informally updated by most of the lecturers teaching the relevant subjects.

CRC recommends that the changes introduced by the lecturers in keeping with modern

needs be formalized, and further revised.

6.7 Accordingly, it is hereby recommended that the Syllabus appended to this Report as

Annexure XXV to XXXV be adopted for teaching the subjects falling within the curricula

of the Intermediate Year of SLLC, in the following manner:-

Final Year



1 Law of Evidence 70 Annexure XXV

2 Criminal Procedure 70 Annexure XXVI

3 Commercial Law I 70 Annexure XXVII

4 Commercial Law II 70 Annexure XXVIII

5 Civil Procedure I 50 Annexure XXIX

6A Civil Procedure II 50 Annexure XXX


20 Annexure XXXI

7 Appellate Procedure 60 Annexure XXXII

8 Conveyancing & Legal Documentation 70 Annexure XXXIII

9A Trust Accounts & Book Keeping 50 Annexure XXXIV

9B Professional Ethics 30 Annexure XXXV

41

7. FOURTH OR APPRENTICE YEAR

7.1 PRACTICAL TRAINING & APPRENTICESHIP

At present the Fourth Year at SLLC consists of a practical training course for apprentices

which is conducted in two batches twice a year. The LEC report at paragraphs 2.5 to 2.6

and Schedules I and II summarizes the activities of the Fourth Year program at SLLC as

conducted at present. The deliberations of CRC and its sub- committees were focused

on improving the content of practical training and apprenticeship, as it was considered

that this was an important aspect of the training and skills development that was

essential for a legal practitioner in the making.

7.2 RECOMMENDATIONS OF CRC IN REGARD TO THE FOURTH YEAR

The CRC has several important recommendations in regard to the activities of the

Fourth Year. Firstly, attendance at the Practical Training program should be made

compulsory to all students (including those who enter SLLC after obtaining a law

degree), and strict supervision of this aspect has to be maintained. Secondly, the

Practical Training Program should improve in its practical content, and should be

conducted in conjunction with moot courts, legal aid clinics and other practical activity

including regular visits to courts. Thirdly, the practical training program should

commence early in the Fourth Year and even prior to the release of the results of the

Final Examination for the admission of Attorneys-at-Law, to enable those students who

are successful in the Final Examination to commence their apprenticeship at least

towards March so that its duration could be increased from the current period of 6

months to at least 9 months, which is strongly recommended by CRC.

7.3 THE FACILITY OF PROCEEDING TO A FIRST DEGREE IN LAW

The question as to whether a student who has successfully completed the First,

Intermediate and Final Examinations for the Admission as Attorneys-at-Law should be

allowed to proceed to acquire a law degree has been considered in depth by CRC and its

42

sub-committees. In fact it would appear from the minutes of CLE dated 20th March 2012

that the Law Students Union had in fact appealed to CLE to facilitate a process by which

such a student could proceed to sit the Final Examination of the Faculty of Law of the

University of Colombo or any other University in Sri Lanka which awards a Bachelors

degree in Law (LL.B). CRC has been specifically requested to make recommendations in

regards to this matter.

7.4 CRC recognizes the importance of facilitating law students who have successfully

completed the course of studies at SLLC to proceed to a law degree earning credit for

the studies undertaken at SLLC. In particular, CRC has taken into considerations the

following factors:

(1) The propensity of students of SLLC to enter universities and other institutions

with the objective of obtaining a degree in law or other disciplines, while in their

Preliminary, Intermediate or Final Year of studies at SLLC, which results in poor

attendance at lectures at SLLC, lack of participation in other activities such as

moot courts and other activities which help to developing advocacy and other

skills necessary to be developed at SLLC;

(2) Difficulties faced by students who have done well at the Preliminary, Intermediate

and Final Examinations at SLLC in securing admissions to institutions of higher

learning for post-graduate studies for furthering their knowledge. In particular,

students who had earned excellent results at examinations conducted by SLLC,

but did not have a degree, were ineligible to even apply for post-graduate

scholarships offered by donor agencies such as the Fullbright Commission,

despite the fact that their knowledge of the law and aptitude for higher studies is

not in any way inferior to a student who has completed his or her LL.B degree in

Sri Lanka or abroad; and

(3) The need to equip our own lawyers to be more efficient in discharging their

professional responsibilities in diverse fields of expertise, whether in Sri Lanka or

abroad, and to face competition from foreign legal practitioners who are eager to

venture into our jurisdiction in competition with our own lawyers in litigation,

arbitration or consultative practice.

43

7.5 Bearing in mind these factors, CRC considers it essential for CLE to consider

carefully the options available to facilitate the acquisition of a first degree in law by a

student who has successfully completed the Preliminary, Intermediate and Final

Examinations for the Admissions of Attorneys-at-Law. It is the view of CRC that the

problem may be resolved through essentially two options, namely-

(1) Facilitating a process to enable such a student to proceed to sit the Final

Examination conducted by the Faculty of Law of the University of Colombo or the

Department of Law of one of the other Sri Lankan universities or institutions

awarding the Bachelor of Laws (LL.B) degree without having to sit any other prior

examination conducted by these institutions; or

(2) Authorizing and empowering the Institute of Advanced Legal Studies (IALS) to

award the Bachelor of Laws (LL.B) degree giving credit for the marks obtained in

the subjects that constitute the Preliminary, Intermediate and Final Year

curriculum of SLLC.

The first option might be saddled with difficulties, as it might become necessary to

amend relevant legislation relating to the universities or obtain the concurrence of the

relevant Universities to implement such a scheme, which could lead to further

complications. For instance, an endeavor in this regard could attract a counter

proposition from the relevant universities and institutions to permit students of those

institutions who will on completion of their studies, be awarded a law degree, so that

they may enter the legal profession without having to sit and pass the Final

Examinations for the Admission of Attorneys-at-Law, or to undergo practical training and

apprenticeship at SLLC. On the other hand the second option has the advantage that

the process by which a student at SLLC could acquire a law degree through IALS would

be within the control of CLE. In fact, IALS has been very successful in providing

continuing legal education to legal practitioners through its diploma and Master of Laws

(LL.M) program. These matters, including the need to amend the Council of Legal

Education Ordinance for this purpose, will be further considered and elaborated in

paragraph 10.1 to 10.3 and 10.6 of this Report.

44

7.6 OPTIONAL BACHELOR OF LAWS (LL.B) COURSE

CRC therefore recommends that an optional Bachelor of Laws (LL.B) program be made

available under the auspices of CLE through IALS, to any student who has satisfactorily

passed the Preliminary, Intermediate and Final Examination for the Admission of

Attorneys at law, and who considers it necessary to proceed to in depth academic study

of selected subjects with the view of obtaining a law degree. CRC has recommended

this avenue of obtaining a first degree in law having taken into consideration the factors

discussed in detail in paragraphs 7.4 and 7.5 of this report and taking into consideration

the fact that IALS has become an inherent part of SLLC and falls directly under the

supervisory oversight of CLE. CRC has also taken into consideration the achievements

and track record of IALS as an acceptable institution providing opportunities for post-

graduate studies in Sri Lanka, particularly to busy legal practitioners without them

having to disrupt their legal practice to go overseas to undertake such studies.

7.7 It is the consensus of CRC, and it is hereby recommended that the Fourth Year

should also consist of an optional academic program to be undertaken by the Institute

of Advanced Legal Studies (IALS), the successful completion of which will entitle a

student to a Bachelor of Laws (LL.B) degree. In the opinion of CRC, IALS is better

equipped to cope up with the demands of such a course with greater academic content.

No student of SLLC is bound to follow this optional program, and any student in the

Fourth Year will be eligible to undergo the practical training course and apprenticeship in

the Fourth Year and seek admission to the Bar. Such a student is free to undertake the

optional LL.B program after taking oaths and being admitted and enrolled as a member

of the Bar. However, if a student opts to follow the optional LLB program with IALS in

the Fourth Year, he or she will also be entitled to undergo the practical training course

and apprenticeship in the same year and proceed to seek admission to the Bar

45

8. RESTRUCTURING SRI LANKAN LAW COLLEGE (SLLC)

8.1 THE ROLE OF THE SRI LANKAN LAW COLLEGE WITHIN THE SRI

LANKAN LEGAL SYSTEM

As already noted in paragraphs 1.1 to 1.7 of this Report, the Sri Lanka Law College

(SLLC) has a very long history, and is the only institution in Sri Lanka which is statutorily

vested with the responsibility of preparing suitable persons aspiring to join the legal

profession for the purpose of equipping them with the competencies necessary to adorn

the Sri Lankan Bar. This is abundantly clear from the provisions of the Council of Legal

Education Ordinance No. 2 of 1900, as subsequently amended.

8.2 Reference has already been made in the Foreword to this Report to the „regulative

bargain‟ whereby the State protects professionals from unfettered competition in

consideration of the competencies and credentials they have acquired through quality

education, training and skills development which justify the grant to them of a monopoly

to exclusively practice their profession. In the case of the legal profession, as well as of

any other profession, the foundations of this „regulatory bargain‟ would collapse if the

institutions that are vested with the responsibility of providing such competencies and

credentials do not discharge the said responsibility, and fail to ensure that the members

of the Bar are adequately equipped to discharge the onerous responsibilities of a noble

profession or to fail to put the public interest before their own in providing competent

and ethical service to their clients. Hence, the primary stakeholders of the legal

profession such as the Supreme Court, the Council of Legal Education (CLE) and the Sri

Lanka Bar Association (SLBA) must ensure that the students who pass out from SLLC

undergo rigorous learning, training and skills development so as to guarantee minimum

competency levels and quality standards, which will be kept updated with quality

continuing legal education.

8.3 SLLC, as the only institution in Sri Lanka which is vested with the responsibility of

preparing suitable persons aspiring to join the legal profession, has performed its role

fairly well despite certain constraints that exists with respect to its infrastructure,

facilities, student intake, the ability to charge appropriate fees, or otherwise generate

46

funds necessary for its day-to-day functioning and future development. However,

factors such as the rapid increase in the population, improvement in literacy levels,

improvement in the standard of living, increase in complexity of society, the challenges

posed by increased criminality and globalization, have put greater impetus on the study

of law. It therefore goes without saying that Sri Lanka and its People are entitled to

insist on both qualitative and quantitative enhancement in the mechanism that exists to

prepare persons aspiring to take to the Bar, particularly in the context of the challenges

that are faced by modern society in maintaining law and order.

8.4 THE CHALLENGE AHEAD AND THE WAY FORWARD

One of the problems faced by SLLC in developing itself as a useful and internationally

recognised institution catering for the study of Law and legal practice with a practical

focus, has been its inability to develop infrastructure and generate income and sources

of funding so necessary for enhancing the quality of education imparted at the college.

This is manifested in serious shortcomings such as limited lecture halls and class room

facilities, extremely modest library lacking in later editions of text books and online

research facilities, inadequate permanent teaching staff (permanent lecturers, tutors

and other resource persons) resulting in over-reliance on visiting lecturers and other

staff some of whom are totally overworked at SLLC and elsewhere resulting in poor

standards, old fashioned teaching methods and poor attendance at lectures, and the

underdeveloped state of mooting and other skills development activities.

8.5 For the purpose of enhancing the quality of learning, training and skills development

to required levels at SLLC, it is recommended that the following steps be taken with the

least delay:-

(1) A Infrastructure Development Plan be devised by the CLE for the augmentation of

the infrastructure facilities of SLLC. In this context, it would be pertinent to mention that

the bare land adjoining the present SLLC premises which extends up to the President

Premadasa Memorial be utilised to put up a modern building that could be used to

augment infrastructure facilities available to SLLC and IALS. This development has

become extremely urgent considering pressures on lecture halls and class rooms and

47

the consequent inability to expand on existing programs of both these important

institutions.

(2) It is also important to develop a similar plan for the enhancement of cadre with

satisfactory promotional prospects. There have been times in the past when the

Principal was assisted in his academic functions by a Reader of the calibre of Prof. (Dr)

L.J.M Cooray, and Dr. Marry Metzger, who were able to assist even in ancillary activities

such as mooting and law journals. However, at present, there is no Reader or even

adequate permanent lecturing and tutoring staff, which have resulted in a deplorable

lowering of standards. Even the provision for administrative, clerical and other staff is

totally inadequate to meet current needs. Hence, it is necessary to put in place an

Academic and Non-academic Cadre Development Plan for SLLC, which should also

extend to the Institute of Advanced Legal Studies (IALS), which has become an inherent

part of SLLC and currently caters to needs of continuing legal education on an optional

basis.

8.6 It needs to be stressed that recent attempts to recruit permanent lecturers for SLLC

have not been successful despite fairly adequate salary and emoluments being offered,

due mainly to the absence of promotional prospects and other incentives, and it is

necessary to consider in formulating Academic and Non-academic Cadre Development

Plan the aspect of making the salaries and other emoluments and facilities no less

attractive as what is provided to university academic and non-academic staff. For a

beginning it is recommended that at least 4 permanent lecturers (at least one for each

year of study at SLLC including the Fourth Year) and 9 tutors (at least 3 for each year of

focussed academic study in the Preliminary, Intermediate and Final Years) be recruited

to augment necessary academic staff. It is also recommended that the Academic Cadre

Development Plan may consider providing for promotional steps on a progressive basis

extending from Tutor to Temporary Lecturer, Assistant Lecturer, Lecturer, Senior

Lecturer (II), Senior Lecturer (I), Reader and Senior Reader in the lines of university

staff on the following analogy:

48

Post at SLLC

Analogous

University

Salary Scale

Basic as

of Dec-31,

2010

Academic

Research

Allowance

%

Professional

Allowance

%

Cost of

Living

Allowance

at

prevailing

rates

B09

Tutor

Demonstrator

U-AC 1 20,755 10 20

At

prevailing

rates

B05

Temporary Lecturer

Temporary

Lecturer

U-AC 2

25,145 10 20

At

prevailing

rates

B04

Assistant Lecturer

Lecturer

(probationary)

U-AC 3 (IV)

26,900 10 20

At

prevailing

rates

B04a

Lecturer

Lecturer

U-AC 3 (III) 33,450 10 20

At

prevailing

rates

B03

Senior Lecturer –II

Senior

Lecturer –II

U-AC 3 (II)

37,650 10 20

At

prevailing

rates

B03a

Senior Lecturer –I

Senior

Lecturer –I

U-AC 3 (I)

42,650 10 20

At

prevailing

rates

B02

Reader

Associate

Professor

U-AC 4

45,850 10 20

At

prevailing

rates

B01

Senior Reader

Professor

U-AC 5 (II) 50,905 10 20

At

prevailing

rates

It is recommended that the salary of the Principal, which is currently on par with the

salary of a Vice Chancellor of a University, should remain the same, but would be

49

supplemented by other allowances payable to the academic staff of SLLC as enumerated

above.

8.7 FEES & CHARGES

While improving on the infrastructure and the facilities available at SLLC, with respect to

which it has already been recommended that an Infrastructure Development Plan and

an Academic and Non-academic Cadre Development Plan should be formulated as

expeditiously, it is also necessary to ensure that the fees charged at SLLC are increased

to realistic levels, and necessary amendments are made, as may be appropriate, to the

Council of Legal Education Ordinance and the Rules formulated there under to facilitate

the levy of fees and charges that are conducive to the smooth functioning and

development of SLLC and which are not too low. The fees that are levied from students

at present are totally inadequate to meet the expenses that are necessary to be incurred

to enhance the quality of education imparted at SLLC. The recommendations that have

been made in this connections elsewhere in this Report need additional funding for

implementation, and without such funds very little development can take place at SLLC.

50

9. ASSESSMENT OF COMPETENCE LEVELS

Assessment of levels of competence of students through assignments and examinations

constitute an important function of any educational institution, particularly one such as

SLLC which is vested with authority to prepare those aspiring to the legal profession. A

noteworthy feature of SLLC is that it conducts examinations (along with assignments)

twice a year commencing in April and October each year. CRC has considered issues

relating to assignments, conduct of examinations, timing of examinations and

examination time tables, criteria of assessment, and exemptions, and it is the

considered view of the Committee that it is necessary to make some important changes

to improve the system of assessment that has been in place at SLLC.

9.1 ASSIGNMENTS

The practice that prevails at SLLC in recent times is to schedule assignments along with

examinations, as would readily appear from the Examination Time Table for April and

October 2011, which is appended to this Report as Annexures I-C and I-D respectively.

It will be seen from Annexure I-C for instance that on 26th April 2011 a 3 hour

examination on Legal History and Legal System was held, and the very next day, on 27th

April a two hour assignment test on the same subject was held. Similarly, on 9th May

2011 a 3 hour examination on Industrial Law was held, on the very next day, on 10th

May 2011 a two hour assignment test on the same subject was held. This is the

recurring pattern in regard to all the subjects. It will be seen from Annexure I-D that the

very same pattern is repeated in October once again, with examinations and

assignments one after the other.

9.2 The objective of giving students an assignment in a learning environment is to help

them discover, well before a formal examination, whether students are learning and to

help to improve their learning process. Assignments are frequent, focused opportunities

for probing student thinking, through interesting modes such as problems, quizzes or

“practice” essays given throughout the term so that students can assess their

knowledge gains at mid-term level with feedback from the lecturer or tutor, designed so

as the student will be able to remedy his or her weaknesses and improve on the

51

learning process and prepare for the ultimate examination at the end of the term.

Generally not more than 20 per centum of the marks available for each subject is

allocated through assignments, so that a student could progress well within the term at

little cost of marks, and improve sufficiently to put his or her best effort at an

examination, which will bring him or her at least 80 per centum of available marks.

9.3 Of course, the offered justification for having assignment tests along with

examinations is to enable those who enter SLLC with Sri Lankan or foreign law degrees

to be on an equal footing with those who study at SLLC after entering SLLC through the

Law College Entrance Examination. However, the question might be justifiably posed as

to why the latter category of students, who are the products of SLLC be disadvantaged,

while those who had obtained their law degrees had ample opportunity for correcting

themselves in the learning process through assignment test properly conducted in the

respective universities or other institutions well ahead of their law examinations.

A better alternative, which is hereby recommended, is to have assignment tests at mid-

term level at SLLC and allocate marks of not more than 20 per centum for these

assignment tests, and mark the examinations out of 80 per centum, while marking the

law graduates who sit SLLC examinations (who are not required to follow lectures at the

Sri Lanka Law College) out of 100 per centum, as they will not generally follow lectures

or have the opportunity of going through assignment tests at SLLC. Alternatively, crash

courses could be conducted for LLB graduates entering SLLC in the required subjects,

and assignment tests (for not more than 20 per centum of marks) could also be held for

them in the midst of the crash courses, so that they too can adjust better the movement

from a purely academic environment to a pragmatic practice-oriented legal environment.

This is a matter of policy that should be decided ultimately by the Council of Legal

Education (CLE).

9.4 CONDUCT OF EXAMINATIONS

It will also be seen from Annexures I-C and I-D that the so called “April Examinations”

extended from 26th April 2011 to 30th June 2011, an examination period of 2 months

and 4 days, and the “October Examinations” which commenced on 13th October went on

52

till 14th December 2011, a total period of 2 months and 1 day. This amounts altogether

to a slightly longer that 4 months of examinations in a year, which to a great extend

impedes or hinders academic and related activities for a fairly long period. Although all

lectures are conducted in English only at SLLC, a student may take the examinations in

Sinhalese, Tamil or English language, which also is a matter that engaged the attention

of CRC. Another factor that is somewhat disturbing is the perception that examinations

conducted by CLE at SLLC are comparatively easy, and this encourages SLLC students to

simultaneously undertake studies in other areas of study for which they pay greater

attention, and consequently attendance at lectures at SLLC suffers, which necessarily

bring down standards even further.

9.5 RECOMMENDATIONS REGARDING CONDUCT OF EXAMINATIONS

Having considered all these concerns, CRC unanimously recommends the following

remedial measures:-

(a) The question whether the practice of having two examinations in April and

October should be continued was debated at several meetings of CRC and its sub-

committees, but it was decided not to make any recommendations in this regard at

this juncture, except that it was the view of CRC that in the event that the conduct of

the April examination would interfere with the conduct of lectures at SLLC and other

law related activities, serious consideration must be given to the conduct of the

examination at a different venue;

(b) All assignment tests be taken out of the examination schedules for April and

October, and be conducted at least prior to end of June, and preferably towards the

end of the first term before SLLC closes for the April vacation. This will give time to

the relevant lecturer, tutor or marking examiner to mark the assignment, and to give

the student detailed feedback as regards his or her performance in a format to be

prescribed;

(c) The extra-ordinary length of the examination period may be further reduced by

scheduling examinations spaced out in such a manner that Preliminary and

Intermediate examinations may be sat simultaneously by a law graduate with a

foreign degree (a Sri Lankan degree holder being exempt from the requirement of

53

sitting these examinations), but the Final Examination papers must be scheduled

without any gaps so that the entire examination period could commence in late April

and early November and could be completed in three to four weeks giving more time

for lectures, seminars, workshops, moot courts, legal aid clinics, societies and other

related activities;

(d) As already recommended, teaching of English to students who are not proficient

in English should be done on a regular and systematic basis using the best possible

expertise and technology, but at the same time minimum number of subjects to be

done in English should be introduced in a staggered basis, and students should be

compelled to sit at least 2 out of the 6 subjects offered for the Preliminary

Examination, and at least 3 out of the 7 compulsory subjects as well as the optional

subject offered at the Intermediate Examination, and all the Final Year subjects in

English;

(e) Subject to the approval of CLE, the subjects to be done in English at the

Preliminary and Intermediate Examination should be prescribed, but it is our

recommendation that Legal History & Legal System, Constitutional Law (Preliminary

Year), Administrative Law, Law of Trusts & Interpretation of Statutes and Public

International Law (Intermediate Year) should be prescribed as the compulsory

subjects to be answered in English language. Additionally, it is also recommended

that the selected optional subject at the Intermediate Examination should be

answered in English, as are all subjects offered at the Final Examination;

(f) A moderator to be appointed by CLE should ensure that questions at examinations

are not repeated too often and steps should be taken to enhance the standards of

assessment of examinations. It is a constant complaint that there is some lack of

uniformity in the standards of assessment in the three language media, and a

moderator should be appointed for each subject that there is no intra-linguistic

discrepancy in marking;

(g) The referral system for failed subjects should be more liberalized to eliminate the

need to repeat the whole examination by a student who fails not more than two

subjects at the Preliminary Examination, and not more than three subjects at the

Intermediate and Final Examinations, provided he or she has an average of 50 marks

54

or above and has also obtained at least 35 marks in the failed subject to earn a

referral. A referred student should be allowed to repeat such failed subjects at a

subsequent examination, without having to re-sit the entire examination. If this

scheme of liberalized referrals in adopted, there will be no need to hold a General

Test as under the present scheme; and

(h) Considering the recommendations already made in paragraphs 7.6 and 7.7 of

this Report it is considered appropriate that the examinations conducted for students

of SLLC in the Preliminary Year, Intermediate Year and the Final Year be renamed

respectively the First Examinations in Laws, the Second Examinations in Laws and the

Third Examinations in Laws, so that when credit is given to the subjects passed and

marks obtained at these examinations (including assignment tests), a student who

opts to take the optional degree course in the Fourth Year, could be awarded the

Bachelor of Laws degree (LL.B) of the IALS.

9.6 EXEMPTIONS

Currently, all candidates who have obtained a Sri Lankan Bachelor of Laws (LL.B)

degree are exempt from sitting the Preliminary and Intermediate Examinations at SLLC,

but holders of foreign LL.B degrees are not entitled to any exemption. While it is

necessary to maintain a distinction between those who hold a Sri Lanka LL.B as opposed

to a foreign LL.B, CRC is of the opinion that it still makes no sense to require a foreign

graduate who has passed subjects such as Law of Obligations I and II, Law of Trust &

Interpretation of Statutes, Jurisprudence, Public International Law, Private International

Law or Intellectual Property Law to repeat those subjects at the Preliminary and

Intermediate Examinations of SLLC. Therefore, CRC recommends that students, who

have passed any of these subjects as part of their foreign LL.B degree course, should be

considered for exemption. However, it is recommended that a close scrutiny of the

syllabi of the relevant foreign university in the relevant subject be examined before any

exemptions are decided upon. It is further recommendation that CLE should consider

putting in place an appropriate mechanism to decide on exemptions in individual cases,

subject to a right of appeal to CLE.

55

10. THE INSTITUTE OF ADVANCED LEGAL STUDIES (IALS)

As already noted in the Introduction to this Report, it is noteworthy that the Advanced

Legal Studies Unit of SLLC, which was established in 1999 during the period when Dr.

Joe Silva was Principal of SLLC, and had been upgraded as the Institute of Advanced

Legal Studies in October 2008 under a Director who reported directly to the Council of

Legal Education, conducts advanced diploma courses in Intellectual Property Law,

International Trade Law and Corporate Law and a Master of Laws (LLM) degree

program in International Trade Law in collaboration with the University of Wales,

Cardiff, UK. These programs of postgraduate studies have benefitted a large number of

legal practitioners, who were able to undertake postgraduate studies without going

overseas or seriously effecting their legal practice. It was for this reason that despite the

higher cost involved in the process of collaboration with the University of Wales, there

was a great demand to benefit from the LL.M program conducted by the Institute of

Advanced Legal Studies (IALS). Another reason was the high standards maintained by

the faculty headed by Justice Saleem Marsoof PC and later by Dr. Harsha Cabral PC, in

addition to the academic inputs from the staff of University of Wales and Holborn

College, London its then academic partner.

10.1 THE FUTURE OF THE INSTITUTE OF ADVANCED LEGAL STUDIES (IALS)

It is essential that the IALS be continued within the purview of the Council of Legal

Education (CLE) as an associate of SLLC as it has been from its commencement in 1999

as a unit of SLLC, and even after it was upgraded as the Institute of Advanced Legal

Studies in October 2008, so that its administration or the high standards maintained by

it would not suffer. It is noteworthy that both the Advanced Legal Studies Unit of SLLC

which was established in 2009, as well as the Institute of Advanced Legal Studies which

was established in October 2008, were able to charge higher fees than SLLC as it was

free of the constraints faced by SLLC by reason of its extra-ordinary sensitivity as the

single institution that is empowered by law to prepare students for the Bar in Sri Lanka,

and even to pay its lecturers and resource persons including foreign resource persons,

56

in an appropriate manner. It was also possible to recruit and support administrative

staff, maintain accounts and conduct programs in an independent manner, without

affecting the functioning of SLLC. It is therefore recommended that in addition to the

various higher diploma courses and the Master of Laws (LL.M) in International Trade

Law presently conducted at IALS, the proposed LL.B course be also incorporated into

the curricula of IALS.

However, it will be essential to make suitable amendments to the Incorporated Council

of Legal Education Ordinance to enable it to confer the LL.B and LL.M degrees or any

other post-graduate degrees that might be considered necessary and feasible in the

future, which matter is further considered in paragraph 10.6 of this Report. Such a

course, will also benefit the students who enter the post-graduate study programs of

IALS in future by reducing the cost of the courses, as an appropriate amendment to the

CLE Ordinance will obviate the need to collaborate with a foreign University such as the

University of Wales or institutions such as Holborn College London, the payments for

which significantly raised the cost of the LL.M in International Trade Law program and

also involved some draining of the country‟s foreign exchange. The proposed course of

action will also facilitate the expansion of the Masters program of IALS by permitting

greater variety to the courses in offer by adding other specialized LL.M degree courses

in other important areas such as Information Technology Law and International Criminal

Justice.

10.2 SUBJECTS FOR OPTIONAL BACHELOR DEGREE (LL.B) COURSE

CRC has recommended in paragraphs 7.4 to 7.7 of this Report that an option Bachelor

of laws (LL.B) course should be provided in the Fourth Year of the SLLC curriculum. It is

further proposed that this course shall consist of the following subjects:

1) Specialised Criminal Statutes

2) Criminal Justice

3) Corporate Law & Regulation

57

4) Banking Law & Regulation

5) Alternate Dispute Resolution

6) Information Technology Law

10.3 The proposed syllabi for the subjects included within the curriculum of the

optional Bachelor of Laws (LL.B) program proposed for the Fourth Year at SLLC are

appended to this Report as follows:-

Optional Bachelor of Laws (LL.B)



1 Specialised Criminal Statutes 70 Annexure XXXVI

2 Criminal Justice 70 Annexure XXXVII

3 Corporate Law & Regulation 70 Annexure XXXVIII

4 Banking Law & Regulation 70 Annexure XXXIX

5 Alternate Dispute Regulation 70 Annexure XL

6 Information Technology Law 70 Annexure XLI

10.4 It is noteworthy that the reasons for including Specialised Criminal Statutes as a

subject in the SLLC curriculum, have been set out in paragraphs 4.7 to 4.8 of this

Report, and it may be added that the syllabus for the Criminal Justice is a simplified

version of the curriculum which was originally formulated as a diploma course in

International Criminal Justice by former Director of IALS Mr. Yasantha Kodagoda, with

the assistance of Mr. Sarath Jayamanne and Ms. Ayesha Jinasena, with inputs from Mr.

Anura Meddegoda, Mr. Buwaneka Aluwihare, and Mr. Kapila Waidyaratne, which was

approved for use at IALS by the Board of Studies of CLE. The syllabi for Information

Technology and Alternate Dispute Resolution were formulated by Justice Saleem

Marsoof, PC and the other syllabi are the product of responses of lecturers of SLLC, in

particular, Mr. Jayantha Jayasuriya, PC Additional Solicitor General, Mr. Nihal

Jayawardane, Mr. Kandiah Nilakandan, Mr. J.M. Swaminathan and a few others.

58

Students undertaking the optional LLB course will be required to select at least 4 of the

above subjects for special academic study. Credit will be given for all subjects passed by

the student at the First, Second and Final Examinations for the Admission of Attorneys

at law, and with the fourth year specialized in-depth academic input, they would in

effect have completed a four year first degree course.

10.5 MASTER OF LAWS (LL.M) & OTHER POST-GRADUATES COURSES OF

IALS

The success achieved by the Master of Laws (LL.M) in International Trade Law course

organized by IALS has been phenomenal. Its success is owed to a great extent to the

active interest taken by the former and incumbent Chief Justices since its inception in

1999, and the dedication of Dr. Joe Silva, then Principal of Law College and Mr.

Yasantha Kodagoda, who succeeded as the Director of IALS after it was elevated from

being a mere unit of SLLC, the incumbent Director of IALS, Dr. D.M. Karunaratne, and

the pioneering academic faculty ably led by the Course Director Justice Saleem Marsoof

PC and Dr. Harsha Cabral, who succeeded him, who have all worked tirelessly to its

present state of recognition. The University of Wales was so impressed by the

performance that it has expressed willingness to recognize the IALS as a direct

academic partner without the intervention of Holborn College, which had in fact added

to the expenses of IALS without adding much value, a fact which was readily

acknowledged by University of Wakes. However, CRC is firmly of the view that IALS

should function independently, and for this purpose acquire direct degree awarding

status through an amendment to the Council of Legal Education Ordinance.

10.6 RECOMMENDATIONS REGARDING IALS

It is therefore recommended that in view of the matters set out in paragraphs 7.4 to 7.7

and 10.1 to 10.5 of this Report, for the efficient functioning of the Institute of Advanced

Legal Studies (IALS), the preamble as well as Section 7(1)(c), (d) and (e) of the Council

of Legal Education Ordinance be amended with a view to –

59

(1) introducing into the said Ordinance two parts that will separately deal with

the Sri Lanka Law College (SLLC) and the Institute of Advanced Legal Studies

(IALS), which will continue to function under the control and supervision of CLE;

(2) conferring on IALS, a direct degree awarding status, free from any

supervision by the University Grants Commission (UGC), to enable it to award the

Bachelor of Laws (LL.B) degree as well as post-graduate degrees such as Master

of Laws (LL.M) and other advanced degrees as may be considered appropriate

from time to time, in addition to diplomas and certificates as may be prescribed

by IALS, under the supervision of CLE; and

(3) empower the IALS, under the supervision of CLE, to prescribe the courses

of studies, examinations and related matters such as marking schemes for the

award of degrees, diplomas and certificates, to charge appropriate fees, and to

appoint permanent, temporary, acting, and visiting lecturers, tutors, examiners

and other resource persons and to pay them salaries, and / or other

remuneration on competitive and realistic rates as may be appropriate, and to

incur other expenses for its upkeep out of funds that may be provided by CLE or

that may be generated by IALS.

It is recommended that in the amending legislation, express provision must be made to

exclude the application of the Universities Act No. 16 of 1978 by a provision similar to

Section 24A of the General Sir John Kotelawala Defence University Act No. 68 of 1981,

which was introduced by Section 10 of the General Sir John Kotelawala Defence

University (Amendment) Act No. 27 of 1988. It is additionally recommended that that

the Council of Legal Education (CLE) should perform with respect to IALS, the role that

is performed by UGC with respect to universities falling within its purview, and facilitate

further academic study of law, especially catering to the needs of busy legal

practitioners.

There is also consensus amongst members of CRC that IALS should initially focus on the

continuation of the Master of Laws (LL.M) in International Trade Law course on the

basis of a curriculum already prepared by its faculty, a copy of which is appended to this

report as Annexure XLII of this Report. It is necessary to acknowledge the said

60

curriculum was prepared by the resource persons whose names are mentioned in the

detailed curriculum. It will then be possible for IALS to expand on its courses in the lines

already envisaged into new and relevant fields of law.

In this connection, it is noteworthy that a curriculum which was originally formulated as

a diploma course in International Criminal Justice by former Director of IALS Mr.

Yasantha Kodagoda, with the assistance of those named in paragraph 10.4 of this

Report and which was approved for use at IALS by the Board of Studies of CLE, may be

suitably expanded to develop an LL.M course in International Criminal Justice. The said

curriculum is appended as Annexure XLIII to this Report.

It is further recommended that further expansion of IALS programs should be

encouraged depending on future needs and available infra-structure. Such development

could facilitate the expansion of the post-graduate curricula of IALS by permitting

greater variety to the courses in offer by adding other specialized LL.M degree courses

in other important areas such as Information Technology Law.

IMPORTANT NOTE

Since Professor (Dr.) Camena Guneratne, who had actively participated in the

deliberations of this Committee, is currently overseas, a copy of this Report was made

available to her by electronic mail. She has concurred with this Report subject to certain

observations which have been taken into consideration in the preparation of the Final

Report, and which is hereby submitted for the consideration of the Council of Legal

Education.

ANNEXURE I-A

Principal’s observations on the need to update curricula at Sri Lanka Law College

May I first take this opportunity to express my gratitude and sincere thanks to Hon Dr. Shirani Bandaranayake, Hon Chief Justice and Chairperson of the Council of Legal Education, Hon Justice Saleem Marsoof President’s Counsel, Judge of the Supreme Court, Chairman of the Law College Reforms Committee and the other members of the Committee for their timely efforts to update the Law College curricula? My views which are based on my long experience as a lawyer, law teacher educationist and Principal of the Sri Lanka Law College apply to all subjects taught at Sri Lanka Law College. The exposure I had into the pedagogical aspects of law in Singapore, the United Kingdom and Australia was also very useful in this regard. The shortcomings in the existing curricula: Educationists define a curriculum as, “All the learning which is planned and guided by the school, whether it is carried on in groups or individually, inside or outside the school”.1 As learning has to be planned and guided it is necessary to specify in advance what we are seeking to achieve and how we are to go about it. In order to satisfy this requirement a curriculum has to be designed as:

(a) A body of knowledge to be transmitted.

(b) An attempt to achieve certain ends in students – product and,

(c) A process.

What we have at present does not fit into the above mentioned definition of curriculum as it consists only of a series of topics with some additional notes which set out the areas that may be examined. This may be considered as a syllabus but not a curriculum because it does not indicate the relative importance of its topics or the order in which they are to be studied.

The need to develop curricula:

At present all lecturers at the Sri Lanka Law College are highly qualified and experienced academics and practitioners who are competent to impart knowledge at the correct level with the minimum guidance from the syllabuses. However, as education is the process by which knowledge, skills and attitudes are transmitted or 'delivered' to students by the most effective methods that can be devised, it is not safe to leave it to the subjective judgment of individual teachers. Hence, it is important to have properly devised curricula for all subjects. This is particularly important to guide local and foreign law graduates who have to prepare for their examinations within a short period without the benefit of Law College lectures.

1 Kelly, A. V. (1999) The Curriculum, theory and practice, London: Paul Chapman.

2

It is clear from the reasons given above that a curriculum is a document which describes a structured series of learning objectives and outcomes for a given subject matter area. It should also include a specification of what should be learned, how it should be taught, and the plan for implementing/assessing the learning. This exercise involves the careful consideration of the three domains of learning to which each subject/topic belongs and the appropriate level (breadth/depth) of coverage.

The three domains of learning

(1) Cognitive domain : mental skills (Knowledge)

(2) Psychomotor domain : skills such as advocacy (Skills)

(3) Affective domain : attitudes such as ethics (Attitudes)

The levels or degrees of difficulties

Category Examples

Knowledge Recall data or information.

Examples: identify the ingredients of a valid contract.

Comprehension Understand the meaning and interpretation of instructions and problems.

Examples: Distinguish between contractual and delictual obligations.

Application Use a concept to solve a problem

Examples: Advise ‘A’ on the remedies (if any), available to him.

Analysis Separates concepts into component parts so that its organizational structure may be understood.

Examples: How does a contract become illegal?

3

Synthesis Put parts together to form a whole, with emphasis on creating a new meaning or structure.

Examples: Draft a plaint for the plaintiff.

Evaluation Make judgments about the value of ideas or concepts.

Examples: Comment on the ‘contingency or no win no fee’ arrangements.

A model curriculum for Law of Obligations – I (Law of Contract)

Aims and objectives This course aims at providing the students with an insight into the legal principles and practices that govern contractual relationships. In addition, personal qualities such as adaptability, curiosity, self-confidence, independence of thought and the power to make critical judgments are to be encouraged in order to develop the students’ ability to think, to grasp ideas and to communicate effectively. These objectives may be achieved by the use of the recommended methods of teaching and learning. Learning outcomes On completion of this subject the students should be able to:

1. Understand the nature of contracts;

2. Define contracts and explain how they are formed;

3. Analyze the elements of the law relating to certain special contracts (sale, hire, donation, loan, suretyship and carriage);

4. Outline the principles governing consent, capacity of parties, formalities, causa and consideration and legality of object;

5. Describe the operation of contracts including the persons affected by a contract and the duty of performance.

6. Understand the methods of determination of contract;

7. Recognize the remedies available for breach of contract.

Recommended methods of teaching and learning

4

1. Discussion method in order to encourage each and every student to speak through his/her own experience and/or reading.

2. Discovery/inquiry method of learning.

3. The teacher should guide the students and play the role of a leader.

It is recommended that the above mentioned curriculum model be used for all subjects.

Dr. W. D. Rodrigo,

Principal, Sri Lanka Law College

ANNEXURE I-B

SRI LANKA LAW COLLEGE

STUDENT’S GUIDE

FOR ORIENTATION

2012

2

Contents

1. Introduction................................................................ Page - 1

2. The Course................................................................... Page - 2

3. A Guide to Success.................................................... Page - 7

4. Time Table.................................................................... Page - 17

Prepared by: -

Dr. W. D. Rodrigo, B.A; LLB; LLM (Colombo); PhD (Queensland); Dip F. E.

(Leeds); Dip I. P. (Sri Lanka); Attorney-at-Law

Principal

Sri Lanka Law College

3

INTRODUCTION

Congratulations on your being selected to the Law College. We extend you a warm

welcome and wish you a very successful and rewarding career in the College. The purpose

of the Orientation Programme is to familiarise you with the course of study at the College,

the facilities available, and what the college expects from you and what you can expect from

the College.

By deciding to join the Law College, you have selected Law as a profession. When you

successfully complete your studies here you will be qualified to be enrolled as an Attorney-

at-Law. Law is a profession and not a mere job. What then is a profession? Hon. Justice Dr.

A. R. B. Amarasinghe in his book "Professional Ethics and Responsibilities of Lawyers"

describes the legal profession as follows:-

[a] The members of the legal profession are persons with certain minimum standards of

high intelligence, skill and learning of the law after extensive training.

[b] Provide an essential service in society.

[c] Hold themselves out as willing to provide that service to all members of the public who

need it.

[d] The state accords a virtual monopoly to members of the legal profession to provide

legal services.

[e] The members of the legal profession work for a living but belong to an organisation that

represents them primarily for the purpose of providing the essential services referred to

above while incidentally securing the interests of its members.

[f] Each member of the legal profession is independent in the exercise of his professional

judgment, which must be sound and faithful and in the exercise of his duties, he is

personally responsible for his actions.

[g] The legal profession voluntarily submit themselves to standards beyond those required

of the ordinary citizen by law in private and professional conduct.

[h] As professionals Attorneys at Law are governed by the Constitution and laws made by

Parliament. [Page 24]

Accordingly, the training you receive in the College will be geared to give you that

knowledge, discipline and values that will be expected of you as professionals one day.

HISTORY OF LEGAL EDUCATION

The history of legal education in the country goes as far back as 1833. In that year the

Supreme Court was empowered to “admit and enrol as advocates and proctors all such

persons of good repute and upon such examination by one or more of the said judges of the

Supreme Court appear to be of competent knowledge and ability." There was no system of

formal instruction at the time. Those aspiring to be lawyers served a period of apprenticeship

with a practising lawyer and took the examinations. The Council of Legal Education was

formed only in 1873 and the Law College came into existence in 1874.

As you will now see the College is one of the oldest, if not the oldest professional training

body in the country. During its proud history of over a century the college has trained nearly

all the lawyers in the country, who have served the nation fervently not only in the field of law

4

but also various other fields such as politics, social reforms, commerce, trade unions and

religion. So, you are going to be the heirs to this proud history, tradition and values. It is now

up to you to further these values and contribution to the nation, especially as lawyers of the

21st century.

THE PRESENT LAW COLLEGE

The Law College is managed by the Council of Legal Education set up under the Council of

Legal Education Ordinance No.2 of 1900. It is headed by Honourable the Chief Justice. The

other members of the Council are The Hon. Attorney General, The Hon. Solicitor General,

Secretary to the Ministry of Justice, two judges of the Supreme Court nominated by the Hon.

Chief Justice, Six members appointed by the Hon. Minister of Justice, and two members

nominated by the Bar Association of Sri Lanka.

The activities in the College are self-financing and it does not receive any assistance from

outside sources.

The head of the College is the Principal and he is backed by a staff consisting of permanent

and visiting lecturers who are very senior and experienced practitioners.

THE COURSE

Your course is of three year duration. Once you pass all the examinations you will have to

undergo a practical training course and an apprenticeship of six months. Accordingly your

entire course will be about 3 ½ years.

The subjects for the first year are as follows: -

Preliminary Year Subjects: -

1. Law of Obligations - I (Contract Law) - Mr. W.D. Rodrigo, Principal

2. Legal History and Legal Systems - Mr. A. H. M. D. Nawas, Senior State Counsel

2. Roman Law - Dr. D. M. Karunarathne, Attorner-at-Law

3 Law of Persons & Succession - Mrs. A. Ekanayake, Permanent lecturer

4. Industrial Law - Mr. S. Igalahewa, Attorney-at-Law

5. Criminal Law - Mr. Jayantha Jayasuriya, Deputy Solicitor General

6. Constitutional Law - Mr. Janak De Silva, Senior State Counsel

7. English Language - Mrs C. R. J. Dharmarathna

Subject coordinator - Mrs. A. Ekanayake, Permanent lecturer

[Note that the above subjects may be changed or added to from time to time by the Council

of Legal Education]

5

The above subjects are taught only in English. Students will be divided into groups for the

purpose of coordination and it is mandatory for them to see Mrs. A. Ekanayake, the

Subject Coordinator, at the time allotted to them.

LECTURES

Lectures will be conducted for each of the above subjects. The names of the lecturers &

lecture times are given in your timetable. Attendance at lectures is compulsory. The

students who have not attended at least 75% of lectures in each subject will not be

permitted to sit the examinations. Furthermore it is mandatory for all students to attend

at least 75% of the lectures in English Language delivered by the lecturer in English. In

order to qualify for the year-end examinations the students should obtain at least 40%

of the marks from an English Language paper, which will be administered in September

each year. The pace of lectures is quite fast as the course is very intensive. There is no single

textbook on which the course is modelled, and therefore your attendance is important.

Please also note that you should not keep away from lectures on account of social activities

such as batch trips, visits to places of interest etc., without the prior permission of the

Principal.

TUTORIALS

You will have to write a number of tutorials in each subject during each term. (The College

has 3 terms for a year. See College Calender for details). The tutorials will usually take the

form of an essay or a problem question to be written at home. You are required to write

them in English.

You will be assigned to a tutorial group and you should not change groups without prior

permission.

Note: - If for good reason such as medical you are unable to attend at the assigned time, you

may, with permission, attend another group.

You should treat tutorials as a very important aspect of the study programme. After tutorials

are submitted a tutorial class will be held, where your answers will be discussed and assessed.

If you have any doubts or problems in regard to writing of tutorials do not hesitate to contact

the lecturer or the tutor concerned. Do not wait till the last moment for submission of

tutorials. You must submit your tutorials on or before the specified date. Late tutorials will

not be accepted for any reason. Always try to meet the deadlines given to you.

The writing of tutorials and attendance at tutorial classes is compulsory. Students who

have not done at least 75% of tutorials will not be permitted to sit the examinations.

EXAMINATIONS

There will be an examination at the end of each year. At the end of the first year you can take

the Preliminary Examination, at the end of second year Intermediate Examination and the end

of the third year Final Examination.

The examinations are generally held in the month of October. If you intend taking an

examination you should submit an application for admission as a candidate. You should also

pay the requisite examination fee. Please be on the look out for notices on the Notice Board

6

announcing the closing date for applications. Note that no applications will be entertained

after the closing date. For those who fail the October examination, a repeat examination is

held in the month of April the following year.

The students in the Preliminary Year and the Intermediate Year are normally allowed only

four attempts to pass their examinations. To pass an examination you should get an average of

50% in all the subjects and a minimum of 40% in each subject. A candidate who obtains an

average of 50% and obtains between 30-39 in one subject only will be referred in that subject,

and such a candidate may take that subject alone on two occasions only. If he/she does not

obtain at least 50% of the maximum number of marks in the referred subject, he/she will be

required to offer all the subjects when re-entering for the examination.

Any student who wishes to withdraw her/his application may do so at any time not less than

one week before the commencement of such examination on applying to the Principal and

shall be entitled to enter for such examination on one subsequent occasion without paying any

entry fee.

LIBRARY FACILITIES

Since studying law requires a great deal of reading, the necessary library facilities for students

are provided at the College Library.

It has a wide range of books important for a law student and all local and foreign law reports,

journals, law bulletins and statutes. We try to ensure that students will have access to latest

editions of the textbooks. The Library will be open from 8.00 a.m. to 6.00 p.m. on weekdays

and from 8.00 a.m. to 4.00 p.m. on Saturdays.

Books and other literature will only be on reference and no lending facilities will be available

except for overnight reference. Library and LSU office provide photo-coping facilities.

Students are requested to use these facilities. We also expect you to use the library with care

and responsibility.

COMPUTER FACILITIES

The College Computer Laboratory has 30 Computers with Internet facilities.

A Computer Assisted language learning programme is also available in this Computer Lab for

the improvement of English Language skills. This lab will be open from 8.30 a.m. to 4.00

p.m. on weekdays

Gaining Practical Experience

Your aim is to become a lawyer. Therefore you should not only acquire knowledge but also

the necessary skills expected of a Lawyer. You should begin acquiring practical skills from

the first year itself. There are many opportunities available to you in the College to acquire

these skills. Some of these are:-

Legal Aid Clinic

The College runs a legal aid clinic. Students who participate in legal aid get a real life

experience in interviewing clients, ascertaining legal issues, researching law applicable,

preparation of legal documents under the guidance of experienced senior lawyers. The legal

7

aid clinic is held on Thursdays from 3.00 p.m. All first year students are strongly

recommended to participate in legal aid work. You can join this programme by contacting the

Legal Aid Co- Ordinator Mr. K. Kanapathipillai, Rtd. District Judge / Lecturer.

Court Visits

The College is situated at Hulftsdorp, where nearly all the courts in the city are located. In

between lectures you are advised to visit courts and watch how courts function and lawyers

work. Please note that when you visit courts you should be properly attired.

Debates, Moots and Mock Trials

As a lawyer you should be able to express your ideas clearly without stage fright. Various

students societies in the College conduct debates, Address to the Jury contests moots and

mock trials (these are simulations of appellate and trial courts) You should make the

maximum use of these opportunities.

Hostel Facilities

The College Hostel is situated at Cotta Road, Rajagiriya. A limited number of vacancies will

be available each year. Please refer the Notice - board for further details. Applications can be

obtained from the office. Completed application along with the required information should

reach the office on or before the specified date.

Other Facilities available to Students

1. Societies :-

Law Students Union :- (LSU)

LSU is the main students’ body of the College. It consists of elected student

representatives. Extra curricular activities such as sports, social activities are

conducted by the LSU.

Apart from the LSU, there are also other student societies such as:

Sri Lanka Law College Sinhala Union (LSSU).

Tamil Manthram

The Buddhist Brotherhood

Hindu Mahasaba

Christian Students Fellowship

Muslim Majlis

Law Students Human Rights Movement

Art Circle

Human Rights Society

Law Students’ Environmental Society

Mode of Dress

You should be always attired in a decent manner. Note that fancy clothes T-shirts, banians etc.

and revealing dress are not permitted.

Communications

Students are required to refer NOTICE BOARDS for official communication. The Notice

Boards are placed at the entrance to the lecture rooms. All important notices will be displayed

on them.

Note that students are not permitted to display posters, notices and distribute leaflets within

the premises without the prior permission of the Principal.

8

Guest Lectures

If the students wish to invite any person for delivering lectures, permission should first be

obtained from the Principal.

9

A GUIDE TO SUCCESS

This is an attempt to provide some guidance for first year law students on what is expected of

them and on how they can adopt the study methods to achieve the results desired.

Studying law requires a different approach from that which may be successful (or may have

been successful) in another institution.

Particular Skills Required of Law Students

Lawyers, whether in practice or not, should have the ability to apply the knowledge of the law

to specific problems. The problem might be about almost anything. Therefore they should be

able to solve problems.

In order to solve problems, one needs: -

information (facts) about the problem

identification of the particular legal issue or question

knowledge of the appropriate law

application of the law to the particular facts

the most appropriate solution to the problem

As a law student, therefore, you learn

to think analytically

the law

to work with the relevant legal rules and principles and the facts to arrive at an appropriate

conclusion.

If you wish to acquire these particular legal skills, you need to understand very clearly that

studying law is a cumulative process, ie it is only by reading and writing continuously that

you are able to practice these skills sufficiently to become a successful law student. In other

words, it is NOT a field of study where you can spot and cram and come out successfully.

KEY ELEMENTS OF A SUCCESSFUL APPROACH

A successful law student has three key elements to his or her approach to legal studies:

efficient and effective study methods

effective test and examination techniques

diligent and sufficient studying time

The single important aspect of successful studying is SELF-DISCIPLINE. Your success as a

law student depends on you and your ability to discipline yourself. The Law College is a

professional Education Institution and the first expectation, thus, is that students are

responsible and can discipline themselves. Courses are presented with the expectation that

lectures and tutorials will GUIDE the student through the most important and / or difficult

aspects, but that students will themselves do the work required in order to obtain necessary

qualifications to become Attorneys-at-Law.

How should you discipline yourself?

Time Management

Thinking, Reading and Writing

Preparation and Organisation of Work

Assignments and Tutorials

Tests and Examinations

10

TIME MANAGEMENT

It is very important to manage or budget your time both efficiently and effectively. Law

students, usually find that workloads become unmanageable when time is not managed

properly.

Efficient time management requires you to use the available ‘free periods’ constructively to,

for example, read texts and cases, make notes and construct summaries of work for which you

have already made notes, and visit courts. In other words, do not waste time when it is

available. If you do, you will find that study time before tests or examinations is taken up with

reading, making notes and/or summaries, leaving very little or no actual studying time.

Efficient time management requires you to budget your time so that there is space in the day

or week to work well and to take part in other activities. In other words, it is important to lead

a balanced life. Too much emphasis on either work or other activities will have a negative

effect on you.

Overworking can be just as bad as not working enough!

THINKING, READING AND WRITING

THINKING

In order to think analytically, one needs to think logically and clearly. Sometimes one also

needs to think laterally or creatively, especially when confronted by a complex problem. Clear

thinking requires the ability to reason logically, to ensure that the conclusions reached are

based on reliable evidence and the ability to ascertain the meaning(s) attached to words and

concepts.

Many law students spend very little time thinking about what they are learning, concentrating

instead on committing to memory, parrot fashion, the various legal rules and principles found

in the different areas of law. Thinking about the law and how the different areas fit together

and sometimes depend on each other, is also important. In order to make studying law

manageable, the law is divided into areas which are studied as subjects. One should not,

however, be misled into thinking that the different areas have nothing to do with each other.

Reading the judgements of the courts will show you that often a single case will involve

several areas of law. It is, therefore, desirable that you make every effort, from the beginning,

to build up a ‘big picture’ of Sri Lankan Law, rather than to compartmentalise areas of law

because they taught as separate subjects.

READING

Studying law requires a great deal of reading from you. You will have textbooks, cases and

journal articles that will form required reading for the courses. It is expected that you will

have read all the prescribed material which is, of course, examinable.

The volume of required reading may come as a shock to you. But there are efficient ways to

cope with this potential difficulty. You need to differentiate between skim-reading and

careful reading or close reading. When you are searching for material, for example, for an

assignment and are not certain whether a particular book or journal is relevant, you should

skim - read it.

When you read a particular judgement for the first time, skim - read it first to get a general

idea of what happened and then read it again, this time carefully, looking for the points of law,

the reasoning of the court and so on. Skim - reading means to read the headings, the beginning

sentence of each paragraph an the conclusion so as to get on overall idea of the content of the

chapter, article or case.

11

When you write a test or examination, you should NEVER skim - read the paper before you.

Always read the whole paper carefully, ie considering each word carefully. Skim - reading in

a test or examination can lead to disaster: your eye may light on a particular work or phrase

and you jump to the conclusion that the question is about that word or phrase, when in fact it

is not. You then proceed to write an answer in response to your hastily drawn conclusion and

then wonder why you score very low as a result !

WRITING

While legal studies do involve some verbal testing of knowledge (e.g. in tutorials, moots,

etc.,), mostly it is through writing that you are required to show your knowledge of what you

have learned, for example in tutorials, tests and examinations. It is, thus, very important that

you learn to write CONCISELY, CORRECTLY AND CLEARLY. You must be able to

say what you mean so that it is unambiguous and legible; you must say what you mean

concisely, ie do not fill up the page with unnecessary information which will detract from

thread of your argument; you must be correct in what you say. No matter how clearly and

concisely you write, if you are not also correct in what you say, it will all be for nothing !

Use a dictionary if you are uncertain about the meaning or spelling of a word.

Use a thesaurus to help you expand your vocabulary.

Use appropriate language and spelling.

Present the discussion and/or argument logically and coherently.

Work quickly in tests and examinations (time is short)

PREPARATION AND ORGANISATION OF WORK

COURSE OUTLINES (SYNOPSIS)

Each subject taught in the college does not have its own course materials: usually a course

outline or a synopsis is given. The course outline presents, in skeletal form, the scope of the

particular course, thus indicating the structure and content of the areas to be studied. The

course outlines or synopsis of your lectures are available in the College Library. There is very

seldom a single textbook for a course, but usually one (or two) is (are) prescribed, while

others are recommended reading. See the Reading List for details. The expectation is that you

try as far as possible to make use of the library copies of the recommended books.

Learning to use the course outlines effectively is a very important part of acquiring efficient

study methods. From the course outline you are able to see where the course begins and how

it will progress. This means that you are able to work constructively from the beginning,

using all the course materials: read the discussion in the textbook(s) and, it appropriate, the

prescribed cases before you attend the lecture. It is always to your advantage to have some

idea about what is to be presented in the lecture.

TUTORIALS

All subjects have a compulsory programme of tutorials. Tutorials provide the opportunity for

discussion of aspects of the law by students and for application of law to set problems. This

gives you the chance to test your knowledge and/or understanding of the concepts and how to

apply them. The format of tutorials is typically that readings and topics are set beforehand, so

that comprehensive preparation is possible. Tutorials are not mini-lectures. You do not go

there to take notes from what the tutor says. Instead you go to obtain evaluation of your

12

written work, take part in discussion and check whether your understanding and written work

are satisfactory.

The College considers the tutorial programme to be a very important aspect of teaching and

learning law. Consequently much thought and effort is put into the planing of tutorials. You

can benefit from tutorial exercises only if you take them seriously and use them properly. It is

essential that you take your task of preparing adequately seriously so that you can discuss the

issues involved rather than to have to waste time putting the basic concepts in place during

the tutorial time. Tutorial groups which prepare well are usually the most rewarding groups,

because students can learn from each other and explore issues in the time available. Groups

which come under prepared, or, worse, unprepared, are frustrating and boring.

LECTURES

As already stated attendance at lectures is compulsory. Apart from course content

information, lectures are also where information not contained in the course outline is

imparted to the class. Notice of tests or other activities is also given during lectures.

Your lecture times are given in the Time Table. Please ensure that you come in time for

lectures. You will be disturbing the lecturer and other students if you attempt to sneak in when

the lecture is in progress. In addition, you would have missed an important part of the lecture

and you would not be able to follow the rest.

Most of you are just out of school having completed the ‘A’ Levels. You will find that the

method of teaching is different from what you were used to in school. In Law College you

will be required to do certain amount of work independently. Your lecturer will give you the

references that you should read. Please follow the instructions given below to make full use

of your lectures.

NOTE - TAKING DURING THE LECTURE

This activity is an important aspect of your career as a law student. Clearly your ability to take

good notes will depend on how well you have prepared for the lecture. If you have read up

before attending, you will be able to make notes which capture the essential and emphasised

parts of the lecture, because you will recognise the key concepts and distinguish them from

examples used to illustrate how the concepts interact. If you have not prepared before the

lecture, you will probably try to write down everything the lecturer says, resulting in a barely

legible confusing mass of writing. This is a very bad method to use. It is physically impossible

to write down everything and it is also quite unnecessary to do so. The objective of the lecture

is to introduce you to an aspect of the course, to show you some of the difficulties that may

exist and generally to guide you in how to being the process of making the knowledge your

own.

The better method is to adopt the practice of listening actively during lectures, making brief

notes of the essential concepts, etc.,

NOTE TAKING AFTER THE LECTURE

After the lecture, use your brief notes, your course outline, textbook(s) and casebook to

construct proper integrated or consolidated notes of the topic(s) covered. You should have a

separate file for each course in which you store your consolidated or integrated notes. The

object is to make yourself a set of notes from which you can study. It is good practice to do

13

this in a two-step process. Read through you brief notes, consult the course outline for

references to texts and/or cases and then carefully read t prescribed material. Then make

fuller notes on the topic, using all your materials to hand. Use coloured pens to identify case

names, key concepts, etc., so that there is not a boring mass of blue or black writing to come

back to at a later stage. It is very important to check that your notes are accurate and

sufficiently comprehensive and the you understand the information that you are recording.

The second part of the process is to construct a mind map of the work you have done.

TUTORIALS

All subjects require the writing of tutorials. The format may be essay - type or problem - type.

The topics will be given to you usually well in advance. Sometimes the topic will include a

reading list but sometimes it will not, which means that you will have to do research on the

topic yourself. As this is a compulsory component of your studies no student will be allowed

to sit the year end examination if he / she has not written the relevant tutorials, and attended

the tutorial classes.

Planning

Note the due date in your diary.

Analyses the topic: it is very important that you address the topic that is presented. A lawyer’s

usual task is to give advice about a client’s problem and to justify that advice, using the law to

support the chosen point of view. It is, therefore, expected that you follow instructions

carefully and that you answer the question (i.e. do not stray off the topic).

Part of the planning process includes deciding how much time should be spent on an question,

and then how much of that available time should be allocated to each stage of producing the

answer.

In preparing to write an essay, you should rely on notes, case law etc., rather than on the

original texts. This is very important, for the following reasons:

you do not drown in a mass of facts

you can focus on important points

you can construct and present a clear argument

you avoid PLAGIARISM (using the words of another writer as if they were your

own without acknowledging them)

Researching the topic requires you to read around the topic, looking for relevant material.

When you find it, read carefully so you understand what is said and then make notes in your

own words. DO NOT JUST COPY VERBATIM FROM THE MATERIALS YOU

CONSULT. Remember to note where you found the information because you need to

acknowledge your sources fully by means of footnotes. If you do wish to QUOTE from a

particular source, ensure that you do so ACCURATELY. While you are researching, keep the

analysed topic to hand. This practice helps to prevent you from becoming side-tracked from

the actual task at hand.

The next step is to take the topic and your notes and construct in your mind a plan of your

tutorial. Planning what you will say and where you will say it, is probably the most important

part of producing an tutorial or essay. It is essential that you develop a line or thread or

argument which will change your writing from a jumbled mass of information into a clear

logical and coherent tutorial. The mindmap plan is therefore crucial. Tutorials or essays which

are not properly planned can never be more than mediocre.

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Draft Version

The second stage is to begin writing a draft version of your tutorial or essay. Use your

mindmap plan to guide you, but do not feel bound to follow it exactly if new ideas do occur to

you. If you do wish to incorporate new ideas, check that they are still within the bounds of the

topic and decide where they could be included in your mindmap. It may be that your new idea

is, however, not appropriate. In that case, leave it out.

Use plain language and simple sentence constructions as far as possible. Good legal writing is

clear and brief. Use a dictionary to check that your spelling is correct and make sure your

grammar is accurate.

Generally an essay-type tutorial should have three main parts: an introduction, a body and a

conclusion.

The Introduction

The introduction should identify the main topic to be discussed and indicate how the

argument will progress. It should prepare the reader for the body of the essay. In an academic

essay, the writer defines a problem or states a hypothesis and indicates how it will be treated

in the essay. Exactly what is included in an introduction will vary according to the writer’s

purpose and the topic. Common weaknesses with introductions in students writing include:

the introduction is vague and unconnected to the topic or to the following paragraphs

the introduction is banal (i.e. commonplace,) and states the obvious.

Since the introduction is meant to introduce the argument of the writer, it is difficult to write it

before writing the essay. The introduction, therefore, should be the LAST part of the essay to

be completed.

The Conclusion

The conclusion should draw together the main points made and concisely state your viewpoint

in answer to the topic. Obviously your final viewpoint should follow on logically from the

arguments made in the body of the assignment or essay. In the same way, if you state in the

introduction that you are going to talk about x,y and z, then make sure that you actually do

talk about all three! The purpose of the conclusion is to draw together the threads of the

argument and make a final concluding statement on the topic. There is usually a link between

the introduction and the conclusion: the former introduces the topic to be discussed or outlines

the argument, and the latter indicates that it has been done. The conclusion is sometimes a

restatement, in different words, of the introduction. This gives the essay a sense of unity and

completeness. In an essay which involves discussion, the proposition stated in the

introduction is accepted or rejected in the conclusion.

The Body Of The Tutorial Or Essay

The body should contain the arguments in support of your answer to the question posed in the

topic. It should be set out in a series of LINKED PARAGRAPHS. Each paragraph should

deal with a single concept or idea and should follow logically from the preceding paragraph.

Use information in a structured way to support you arguments, rather than haphazardly

writing down information from a variety of sources.

15

A problem-type assignment or essay, on the other hand, takes a slightly different format. In

the introduction, you should IDENTIFY THE AREA OF LAW involved and what the

SPECIFIC LEGAL ISSUE is. In the body of the writing, DISCUSS THE RELEVANT

LAW FULLY AND CAREFULLY in a logical and coherent way. If CASE LAW is

relevant, use it intelligently. DO NOT JUST LIST CASES WITH SHORT SUMMARIES

AND THEN SAY „THEREFORE.’ Use the relevant point from the case(s) to ‘tell the

story’. Using the law as discussed, APPLY it carefully and properly TO THE FACTS before

you, arguing where appropriate for a particular point of view and taking care to be able to

justify your argument in light of the authority from cases or statues. In the conclusion, you

should state the appropriate advice for the client or the appropriate solution to the problem

under consideration.

Final Version

Carefully check through your draft version:

- look for grammatical and spelling errors

- make absolutely certain that you have acknowledged your sources properly (see below).

- check that you have not exceeded the word allowance. Learning to work within limitations

is part of the legal skills you need to acquire. Tutorials or essays which grossly exceed the

work limit may not be marked. On the other hand, an tutorial which is well below the

allowance probably does not address the topic adequately.

The final version of your paper should be typed or clearly hand written. Illegible hand writing

can be very time consuming and irritating to your tutor.

Acknowledge Your Sources

There are two reasons why you should acknowledge your sources. The first it that if you can

support what you say by showing that statue or common law reflects your statement, then you

statement will be more authoritative than if the law does not so reflect. It is thus important to

give the authority for your statements. It must be possible for the reader to check that you

have stated the law accurately. When citing a case, explain why you do so.

The second reason why you should acknowledge your sources is that it is COMPLETELY

UNACCEPTABLE IN ACADEMIC WRITING TO PASS OFF SOMEONE ELSE‟S

IDEAS AS YOUR OWN. Every time, therefore, that you use another writer’s words in a

quote or if you paraphrase the words or even just use his/her idea(s), you must acknowledge

this. Note: some ideas are common property, e.g. the sky is blue. Such a statement needs no

reference.

If you follow the suggested approach to researching and writing papers, then acknowledging

your sources is a simple matter or copying the reference from the note you made while

reading and putting it in a footnote.

Bibliography

At the end of your paper, list on a separate page, all the cases, books and journals you have

consulted in the course of producing your paper. DO NOT, HOWEVER, INCLUDE

MATERIAL WHICH WAS NOT ACTUALLY USED IN YOUR PAPER. List the books

and journals separately from the cases.

16

The Format

All tutorials should be clearly hand written or typed on A4 paper.

It should have an outside page or cover which clearly provides the following information: -

Subjects name:

Student’s name:

Registration number:

Tutorial group:

Tutorial number:

Due date:

All papers must be submitted on or before the due date.

TESTS AND EXAMINATIONS

Your progress in the Law College is dependent upon being able to deal successfully with tests

and examinations. Techniques can be learnt so as to make, taking tests and/or examinations,

less stressful.

The most important part of successful techniques is having the required knowledge accessible.

In other words, you need to really know your work well and be able to draw on memory when

required to do so. As was stated before, this DOES NOT MEAN LEARNING EVERY

THING OFF BY HEART. What it means is that you need to have a good understanding of

the content of the course, and to have committed to memory the key aspects of a particular

topic or area so that you can explain it accurately and concisely. The method of regular

reviewing, using consolidated notes and mindmaps, enables you to put into place in your

memory a good foundation on which to build in the run-up to a test or an examination.

Time and planning are (yet again) the key elements. If you spend the term making beautiful

and comprehensive notes but never make the time to review them, your memory bank will not

be as useful to you as it would be, if you had stored the information as well. It is thus

necessary to plan revision time.

Revision for final examinations should begin at least three months before the date of the

exam.

‘Revision’ means learning or memorising (but not parrot fashion) your work for exams. It

should thus be clear that consolidating your notes and making mindmaps is an on going

process which begins on the first day of term and continues throughout the year. If your first

exam is on October 1, you should begin your revision no later than the beginning of July. The

time required for revision needs to be added on to your normal daily study session. It is

necessary, therefore, to use time over weekends in order to cope with the increased workload.

Making a revision timetable is a good idea. It forces you to plan what you do and structures

your work accordingly. If you do not have a structured approach to revision, you will end up

in a panic. It goes without saying, of course, that you MUST work according to your revision

17

timetable. The purpose of such a timetable is that you are able to allocate enough time for

revision for each of your courses. Plan to cover each course at least TWICE.

Before starting your revision for a course, read through the previous year’s exam paper to get

an idea of the manner in which the material is examined, the standard expected and the time

available for the number of questions set. Use old exam papers as part of your revision

process: practise answering questions which relate to the area you are revising. Calculate how

much time would have been available in the particular exam and then test your ability to

answer from memory in the equivalent amount of time.

It is very important as an examination technique, to be able to use the time available in the

exam hall to plan your exam. The College allows you 3 hours to answer a paper of eight

questions. It is crucially important to be able to calculate how much time there is available for

each question. When you begin you exam, make sure that you watch the time and do not go

over the amount of time allocated to a particular question. If you do, you are stealing time

from another question. IT IS MUCH BETTER TO ATTEMPT ALL THE QUESTIONS

THAN TO HAVE TO LEAVE OUT A WHOLE QUESTION, BECAUSE YOU RUN

OUT OF TIME.

The day before the exam CHECK again that you know time of the exam. Check your writing

equipment, e.g., take two pens that write properly, and any other equipment that is required or

permitted, and that you have a watch or small clock to take with you.

When you receive the exam paper, READ ALL THE INSTRUCTIONS CAREFULLY.

Find out whether there are any compulsory questions.

Read through all the questions and note the mark allocation. Do your time allocation

calculation.

Read through all the questions CAREFULLY again, making sure that you know exactly what

is required of you. Misreading a question can be disastrous. Plan how you will approach each

question: jot down the skeleton of the mindmap for the section. This will help you to structure

your answer logically and coherently. Having the skeletal mindmap before you, will also

assist you in the recall of relevant information.

An essay-type question should be treated similarly in format to an essay written during term

time, i.e. it should have an introduction, a body and a conclusion. It should be written in full

sentences and paragraphs and should communicate clearly. It is obvious that you should have

thought about issues and concepts during the course of the year. The essay in this context

differs from the other kind in that it does not have reference or a bibliography. But it does

need to be concise (time is always running short).

WRITE LEGIBLY: there is no duty on the examiner to struggle to read poor handwriting. It

is your responsibility to ensure that what you write is legible.

SPOTTING AND CRAMMING

‘Spotting’ is the practice of studying only those areas of the course that you think are most

likely to appear in the exam and not studying at all those areas that you think are not likely to

appear. For Law courses, this is a really risky practice. More often than not, your spot will not

18

appear or will appear as part of a two part question. The result? You fly into a panic. The rule

of the game, therefore, is DO NOT SPOT.

‘Cramming’, on the other hand, is the result of bad planning. You do not plan your revision

properly, or you do not study according to your timetable, and so run out of time. The result is

that you study non-stop the day or two before the exam and then you are stressed out and

fatigued and forced to spot. It is much healthier and much more effective to be responsible

and efficient the whole year and to have a relaxed examination period.

BIBLIOGRAPHY

The bibliography lists all the materials used in producing your paper. The usual practice is to

list alphabetically by author the books and journal articles used and then in a separate list, also

alphabetically, the case cited.

E.g.: Cooray, J.A.L. (1993) Constitutional and Administrative Law of Sri Lanka. Colombo: Hansa

Publishers Ltd.

Goonesekere Savitri (1987) Sri Lanka Law on Parent and Child. Colombo: M.D

Gunasena & Co. Ltd.

Schuler Margaret and Kadiragamar-Rajasingham Sakunthala (Ed) (1992) Legal

Literacy, Tool for Women’s Empowerment. New York: UNIFEM

A FINAL WORD

If you experience difficulties with coping or with the content of a course, ASK FOR HELP

from your subject coordinator, tutor or the lecturer. If you do not ask for help, nobody will

know that you need it.

One important message: - We have refurbished and done a lot of improvements to the

buildings. It is your institution of learning. It is very essential that you keep the place clean

and tidy. Deem it’s your bounden duty to keep the premises a pleasant place to study.

All students are advised to read “Learning the Law” by Glanville Williams

(Copies available in the College Library).

********************

The Sri Lanka Law College thanks Ms. Anne Palmer and the Department of private law,

University of Cape Town, Republic of South Africa for granting permission to use material

from The UCT Law Students Guide to Success.

ATTORNEYS-AT-LAW EXAMINATIONS PRELIMINARY/INTERMEDIATE/FINAL

TIME TABLE – APRIL 2011

MO

NT

H

DATE

TIME

PRELIMINARY

INTERMEDIATE

FINAL

26th Tuesday 1.00 – 4.00 P.M. Legal History & Legal Systems

27th Wednesday 1.00 – 3.00 P.M. Assignment Test (Legal History)

28th Thursday 1.00 – 4.00 P.M. Jurisprudence APR

IL

29th Friday 2.00 – 4.00 P.M. Assignment Test (Jurisprudence

3rd Tuesday 1.00 – 4.00 P.M. Law of Obligations - I 4th Wednesday 1.00 – 3.00 P.M. Assignment Test

(Law of Obligations - I)

5th Thursday 1.00 – 4.00 P.M. Law of Obligations – II 6th Friday 2.00 – 4.00 P.M. Assignment Test

(Obligations – II)

9th Monday 1.00 – 4.00 P.M. Industrial Law Industrial Law 10th Tuesday 1.00 – 3.00 P.M. Assignment Test

(Industrial Law) Assignment Test

(Industrial Law) 11th Wednesday 1.30 – 4.30 P.M. Law of Evidence

13th Friday 2.00 – 4.00 P.M. Assignment Test (Law of Evidence)

16th Monday 1.00 – 4.00 P.M. Law of Property – I 19the Thursday 1.00 – 3.00 P.M. Assignment Test

(Law of Property – I)

20th Friday 2.00 – 5.00 P.M. Criminal Procedure 23rd Monday 1.30 – 3.30 P.M. Assignment Test

(Criminal Procedure) 24th Tuesday 1.00 – 4.00 P.M. Law of Persons

25th Wednesday 1.00 – 3.00 P.M. Assignment Test (Law of Persons)

26th Thursday 1.00 – 4.00 P.M. Law of Property – II 27th Friday 2.00 – 4.00 P.M. Assignment Test

(Law of Property – II)

30th Monday 1.30 – 4.30 P.M. Civil Procedure - I

MA

Y

31st Tuesday 1.30 – 3.30 P.M. Assignment Test (Civil Procedure – I)

1st Wednesday 1.00 – 4.00 P.M. Criminal Law 2nd Thursday 1.00 – 3.00 P.M. Assignment Test

(Criminal Law)

3rd Friday 2.00 – 4.00 P.M. Assignment Test (For 4 Optional subjects)

Assignment Test (For 4 Optional subjects)

6th Monday 1.30 – 4.30 P.M. Civil Procedure – II 7th Tuesday 1.30 – 3.30 P.M. Assignment Test

(Civil Procedure – II) 1.00 – 2.30 P.M. Interpretation of Statutes

& Doc. Interpretation of Statutes

& Doc.

8th Wednesday 3.00 – 4.00 P.M. Assignment Test

(Interpretation) Assignment Test (Interpretation)

9th Thursday 1.00 – 4.00 P.M. Constitutional Law Constitutional Law 10th Friday 2.00 – 4.00 P.M. Assignment Test

(Constitutional Law) Assignment Test

(Constitutional Law)

13th Monday 1.30 – 4.30 P.M. Commercial Law – I 14th Tuesday 1.30 – 3.30 P.M. Assignment Test

(Commercial Law – I) 16th Thursday 1.00 – 4.00 P.M. Administrative Law

17th Friday 2.00 – 4.00 P.M. Assignment Test (Administrative Law)

20th Monday 1.30 – 4.30 P.M. Commercial Law – II 21st Tuesday 1.30 – 3.30 P.M. Assignment Test

(Commercial Law – II) 1.00 – 2.30 P.M. Law of Trusts Law of Trusts

22nd Wednesday 3.00 – 4.00 P.M. Assignment Test (Law of Trusts

Assignment Test (Law of Trusts)

23rd Thursday 1.30 – 4.30 P.M. Conveyancing 24th Friday 2.00 – 4.00 P.M. Assignment Test

(Conveyancing) 27th Monday 1.00 – 4.00 P.M. International Law/

Revenue Law International Law/

Revenue Law 28th Tuesday 1.00 – 4.00 P.M. Environmental Law/

Intellectual Property Law Environmental Law/

Intellectual Property Law 29th Wednesday 1.30 – 4.30 P.M. Trust Accounts, Book-

Keeping & Prof. Ethics

JUN

E

30th Thursday 1.30 – 3.30 P.M. Assignment Test (Professional Ethics)

emailpc

Text Box

ANNEXURE I-C

ATTORNEYS-AT-LAW EXAMINATIONS PRELIMINARY/INTERMEDIATE/FINAL

TIME TABLE – OCTOBER 2011

MO

NT

H

DATE

TIME

PRELIMINARY

INTERMEDIATE

FINAL

13th Thursday 1.00 – 4.00 P.M. Legal History & Legal Systems

14th Friday 2.00 – 4.00 P.M. Assignment Test (Legal History)

17th Monday 1.00 – 4.00 P.M. Law of Obligations - I 18th Tuesday 1.00 – 3.00 P.M. Assignment Test

(Law of Obligations - I

19th Wednesday 1.00 – 4.00 P.M. Jurisprudence 20th Thursday 1.00 – 3.00 P.M. Assignment Test

(Jurisprudence)

21st Friday 2.00 – 5.00 P.M. Criminal Law 24th Monday 1.00 – 3.00 P.M. Assignment Test

(Criminal Law)

1.00 –2.30 P.M. Law of Trusts Law of Trusts 25th Tuesday 3.00 -4.00 P.M. Assignment Test

(Law of Trusts) Assignment Test (Law of Trusts)

27th Thursday 1.30 – 4.30 P.M. Law of Evidence 28th Friday 2.00 – 4.00 P.M. Assignment Test

(Law of Evidence)

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31st Monday 1.00 – 4.00 P.M. Law of Persons 1st Tuesday 1.00 – 2.00 P.M. Assignment Test

(Law of Persons)

2nd Wednesday 1.30 – 4.30 P.M. Criminal Procedure 3rd Thursday 1.30 – 3.30 P.M. Assignment Test

(Criminal Procedure) 4th Friday 2.00 – 5.00 P.M. Law of Property – I

7th Monday 1.00 – 3.00 P.M. Assignment Test (Law of Property – I)

8th Tuesday 1.30 – 4.30 P.M. Commercial Law – I 9th Wednesday 1.30 – 3.30 P.M. Assignment Test

(Commercial Law – I) 11th Friday 2.00 – 4.00 P.M. Assignment Test

(Law of Property – II)

14th Monday 1.00 – 4.00 P.M. Industrial Law Industrial Law 15th Tuesday 1.00 – 3.00 P.M. Assignment Test

(Industrial Law) Assignment Test

(Industrial Law) 16th Wednesday 1.30 – 4.30 P.M. Commercial Law – II 17th Thursday 1.30 – 3.30 P.M. Assignment Test

(Commercial Law – II 18th Friday 2.00 – 5.00 P.M. Law of Property – II

21st Monday 1.00 – 3.00 P.M. Assignment Test (Law of Obligations – II)

22nd Tuesday 1.00 – 4.00 P.M. Law of Obligations – II 23rd Wednesday 1.30 – 4.30 P.M. Civil Procedure – I 24th Thursday 1.30 – 3.30 P.M. Assignment Test

(Civil Procedure – I) 25th Friday 2.00 – 5.00 P.M. Constitutional Law Constitutional Law

28th Monday 1.00 – 3.00 P.M. Assignment Test (Constitutional Law)

Assignment Test (Constitutional Law)

29th Tuesday 1.30 – 4.30 P.M. Civil Procedure – II

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30th Wednesday 1.30 – 3.30 P.M. Assignment Test (Civil Procedure – II)

1st Thursday 1.00 – 4.00 P.M. Administrative Law 2nd Friday 2.00 – 4.00 P.M. Assignment Test

(Administrative Law)

5th Monday 1.30 – 4.30 P.M. Conveyancing 6th Tuesday 1.30 – 3.30 P.M. Assignment Test

(Conveyancing) 7th Wednesday 1.00 – 4.00 P.M. International Law/

Revenue Law International Law/

Revenue Law 8th Thursday 1.00 – 4.00 P.M. Environmental Law/

Intellectual Property Law Environmental Law/

Intellectual Property Law

9th Friday 2.00 – 4.00 P.M. Assignment Test

(For 4 Optional subjects) Assignment Test

(For 4 Optional subjects) 12th Monday 1.30 – 4.30 P.M. Trust Accounts, Book-

Keeping & Prof. Ethics 13th Tuesday 1.30 – 3.30 P.M. Assignment Test

(Professional Ethics) 1.30 – 300 P.M. Interpretation of Statutes

& Doc. Interpretation of Statutes &

Doc.

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14th Wednesday

3.30 – 4.30 Assignment Test (Interpretation)

Assignment Test (Interpretation)

emailpc

Text Box

ANNEXURE I-D

ANNEXURE II GENERAL PROPOSALS ON TEACHING METHODS ETC

(Extracted from the document entitled: Proposal For Syllabus Revision On Constitutional

Law BY Janak De Silva, Deputy Solocitor General, Lecturer In Constitutional Law)

(A) BACKGROUND

…….

(B) GENERAL PROPOSALS ON TEACHING METHODS ETC.

1. After more than 20 years since leaving Sri Lanka Law College, it is regrettable to see many of the habits and practices of students are still the same. Outdated notes are printed/photocopied and sold by unions/student groups/senior students/lawyers to the new students. More worrying is the fact that lecture notes/power point presentations made by the lecturers are photocopied and sold with the name of the seller. The practice of “proxying” goes unabated. The Lecturers who seek to enforce it is faced with time constraint and criticism. The first year lecture hall is inadequate in many aspects. A full or even half empty hall makes it too warm for any productive academic session. The sound system does not enable the lecturer to walk round the lecture hall with a view to initiate a dialogue on the lecture. I hope that the Committee can place these issues before the authorities for necessary consideration. I wish to make the following recommendations to address some of the issues raised above:

(a) Prepare a standard book/collection of articles, papers on the subject and make it available to the students through the Sri Lanka Law College.

(b) Either adopt methods to ensure the attendance requirement is enforced by all or do away with it completely.

(c) Improve lecture room facilities in the 1st Year lecture Hall.

(C) PROPOSED SYLLABUS

The proposed syllabus has been reproduced as Annexure IV of this Report.

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ANNEXURE III

PRELIMINARY YEAR SYLLABUS FOR

I CRIMINAL LAW

A) Introduction

(i) Role of criminal law in society – its objectives and policies (ii) General nature of a crime (iii) General principles of criminal liability (iv) Nature of a criminal wrong as opposed to a civil wrong (v) Basic aspects of criminal procedure

B) The general Principles of the Criminal Law, as contained in the Penal Code and other enactments creating offences and in the relevant case law

C) The general principles of criminal responsibility and exemption from responsibility (with particular reference to Chapter IV of the Penal Code)

D) Vicarious Liability, the Principles of Joint Liability for crime (with particular reference to section 32-36 and Chapter V of the Penal Code)

E) Attempts

F) The law relating to specific crimes against the Person

G) The law relating to specific crimes against Property against Property

H) The law relating to specific crimes against the State, etc.

Recommended Reading G.L Peiris – General Principles of Criminal Liability in Ceylon. (Lake House Investments, Colombo) G.L Peiris – Offences under the Penal Code of Ceylon (Lake House Investments, Colombo)

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ANNEXURE IV PRELIMINARY YEAR SYLLABUS FOR

II CONSTITUTIONAL LAW

A) Introduction

(i) Definition and nature of Constitutional Law (ii) The concept of constitutionalism (iii) Classification of Constitutions

Recommended Reading:

- O. Hood Phillips, Constitutional and Administrative Law, pgs. 4-9

- J.A.L. Cooray, Constitutional and Administrative Law of Sri Lanka, pgs. 82-96

B) Fundamental Constitutional Concepts

(i) The Rule of Law (ii) Separation of Powers (iii) Parliamentary Sovereignty (iv) Independence of the Judiciary (v) Prerogative Power


- A.V. Dicey, Introduction to the Study of THE LAW OF THE CONSTITUTION, 8th ed. Parts I, II

- L.J.M. Cooray, Constitutional Government in Sri Lanka 1796-1977, pgs. 116-126, 207-227

- J.A.L. Cooray, Constitutional and Administrative Law of Sri Lanka, pgs. 100-115, 605-613

- M.J.A. Cooray, Judicial Role under the Constitutions of Ceylon/Sri Lanka, pgs. 157-185

- 1959 and 2004 Conference Reports of the International Commission of Jurists on the Rule of Law

C) Constitutional History of Sri Lanka

(i) The Colebrook Commission to the Manning Constitution (ii) The Donoughmore Constitution

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- L.J.M. Cooray, Constitutional Government in Sri Lanka 1796-1977, pgs. 15-29


D) The Soulbury Constitution

(i) The Soulbury Constitution and the Rule of Law (ii) The Soulbury Constitution and the Separation of Powers (iii) The Soulbury Constitution and Parliamentary Sovereignty (iv) The Soulbury Constitution and the Independence of the Judiciary (v) The Soulbury Constitution and Prerogative Power (vi) The Soulbury Constitution and the Public Service




- M.J.A. Cooray, Judicial Role under the Constitutions of Sri Lanka, pgs. 63-73

E) The 1972 Constitution

(i) Principle of Constitutional Autochthony (ii) The 1972 Constitution and the Rule of Law (iii) The 1972 Constitution and the Separation of Powers (iv) The 1972 Constitution and Parliamentary Sovereignty (v) The 1972 Constitution and the Independence of the Judiciary (vi) The 1972 Constitution and Prerogative Power (vii) The 1972 Constitution and the Public Service (viii) The 1972 Constitution and Fundamental Rights




- M.J.A. Cooray, Judicial Role under the Constitutions of Ceylon/Sri Lanka, pgs. 217-267

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F) The 1978 Constitution

(i) Executive Presidency (ii) Sovereignty and Public Trust (iii) The 1978 Constitution and the Franchise, Referendum and Proportional Representation (iv) The 1978 Constitution and the Rule of Law (v) The 1978 Constitution and the Separation of Powers (vi) The 1978 Constitution and Parliamentary Sovereignty (vii) The 1978 Constitution and the Independence of the Judiciary (viii) The 1978 Constitution and Prerogative Power (ix) The 1978 Constitution and the Public Service (x) Privileges of Parliament


- J.A.L. Cooray, Constitutional and Administrative Law of Sri Lanka, pgs. 74-81, 163-241, 288-302

- “Sri Lanka A Nation in Conflict, Threats to Sovereignty, Territorial Integrity, Democratic Governance and Peace” by H.L. De Silva pgs. 155-170

- D.M. Karunaratne, Law of Parliamentary Privileges of Sri Lanka, pgs. 18-23

- “The Effectiveness of Parliament as an instrument of pluralist democracy” by Dr. Colvin R. De Silva in “Ideas for Constitutional Reform edited by Chanaka Amaratunga, pgs. 45-65

G) Fundamental Rights and Freedoms

(i) Comparison of fundamental rights under the 1972 and 1978 Constitutions (ii) International Covenant on Civil and Political Rights Act


- Justice S. Sharvananda, “Fundamental Rights in Sri Lanka”

- R.K.W. Goonesekera, “Fundamental Rights and the Constitution”

- Dr. Jayampathy Wickremaratne, “Fundamental Rights in Sri Lanka”, 3rd Ed.

H) The 13th Amendment to the Constitution

(i) Devolution versus Decentralization (ii) Unitary versus Federal (iii) In Re Thirteenth Amendment to the Constitution [(1987) 2 Sri.L.R. 312]

4


- In Re Thirteenth Amendment to the Constitution [(1987) 2 Sri.L.R. 312]


- J.A.L. Cooray, Constitutional and Administrative Law of Sri Lanka, Chap. 25 and 26

I) The Provincial Council System

(i) The Legislative Power of the Provincial Councils (ii) The Executive Power and the Provincial Councils (iii) The Judicial Power and the Provincial Councils (iv) The Provincial Public Service (v) National Policy and the Provincial Councils



- “13th Amendment: Essays on Practice”, Ed. Lakshman Marasinghe and Dr. Jayampathy Wickremaratne

J) The 17th Amendment to the Constitution

(i) The 17th Amendment to the Constitution and Executive Power (ii) The Constitutional Council (iii) The 17th Amendment to the Constitution and the Public Service (iv) The Administrative Appeals Tribunal (v) The National Police Commission


- “The Eighteenth Amendment to the Constitution: Substance and Process”, Ed. Rohan Edirisingha and Aruni Jayakody

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K) The 18th Amendment to the Constitution

(i) The 18th Amendment to the Constitution and Executive Power (ii) The Parliamentary Council (iii) The 18th Amendment to the Constitution and the Public Service


S.C. Special Determination No. 01/2010

- “The Eighteenth Amendment to the Constitution: Substance and Process”, Ed. Rohan Edirisingha and Aruni Jayakody

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ANNEXURE V PRELIMINARY YEAR SYLLABUS FOR

III A LEGAL HISTORY & LEGAL SYTEMS

A) An outline of the history of the different systems of law in force in Sri Lanka and the relations between them

B) Roman –Dutch Law

(i) Source (ii) Introduction (iii) Development (iv) Extent of the applicability C) English Law

(i) Source (ii) Introduction (iii) Development (iv) Extent of the applicability

D) Kandyan Law


E) Thesavalamai


F) Muslim Law


G) Buddhist Law

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H) Hindu Law


I) Mukkuvar Law


J) Sources of Law in Sri Lanka

(i) Custom (ii) Legislation (iii) Judicial Decisions ( Doctrine of Stare Decisis)

K) Literature of the Law with special reference to Law Reports of:

(i) Sri Lanka (ii) Great Brittan (iii) South Africa (iv) India (v) Australia (vi) Canada (vii) U.S.A

L) Judicial System of Sri Lanka

(i) Historical Development (ii) Organization and Jurisdiction of the different Courts (iii) Administrative Tribunals

M) The Legal Profession

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- T. Nadarajah – The Legal System of Ceylon in its Historical Setting ( E.J. Brill, Leiden)

- L.J.M Cooray – An Introduction to the Legal System of Ceylon ( Lake House Investments,

Colombo)

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ANNEXURE VI

PRELIMINARY YEAR SYLLABUS FOR

III B LEGAL HISTORY & LEGAL SYTEMS (ROMAN LAW)

A) The history and the sources of the Roman Law, with special reference to development of

the division of law into:

(i) Jus Civile

(ii) Jus Naturale

(iii) Jus Gentium

B) Law of Persons

(i) The concept of slavery and the legal status of a slave

(ii) Concept of Patria Potestas

(iii) Institutions of Tutela and Cura

(iv) Marriage and the distinction between a manus and a non manus marriage

(v) Legitimacy

(vi) Adoption

C) Law of Property

(i) Classification of property

(ii) Methods of acquiring property such as accessio, occupatio, usucapio and longi

temporis prescription

(iii) Distinction between ownership and possession and servitudes

D) Law of Obligations

(i) Contracts and delicts

(ii) Understanding of specific delicts such as frtum, rapina, injuria and damum injuria

datum, and the relevant actions such as the lex acquilia and actio injuriarum, and the

notions of quasi contracts and quasi delicts

E) Law of Succession

(i) Testate and intestate succession

(ii) Capacity to make and take under a last will

(iii) Legacies, fideicommissa and codicils

(iv) The concept of family provision (legitima portio Querella inofficiosi testamenti)

(v) The concept of bononorum possessio

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ANNEXURE VII PRELIMINARY YEAR SYLLABUS FOR

IV A LAW OF PERSONS

A) A general overview in regard to Family

(i) Sources (ii) Formalities

Recent Cases

- Ghouse v. Ghouse (1986) 1 SLR 48 (C.A.) - Ghouse v. Ghouse (1988) 1 SLR 25 (S.C.) - Tennakoon v. Tennakoon (1986) 1 SLR 90

B) Marriage

(i) Formalities (ii) Registration (iii) Customary Marriage (iv) Marriage by cohabitation and Repute (v) Nullity of Marriage (vi) Concept of Putative Marriage (vii) Void and Voidable Marriage (viii) Legal consequences of marriage (xi) Personal & property consequences of Marriage (x) Dowry Recent Cases

Podinona v. Herathhamy (1985) 2 51 .R 237 Wijegoonewardena v. Gracia Catherine (1984) 2 SLR 381 Gracia Catherine v. Wijegoonewardena (1986) 2 SLR 190 Balasinghani v. Kalavany (1986) 2 SLR 378 Abeysundara (1997) Unreported Statutes

- General Marriage Ordinance No.44 (1907) as amended by law No.41 of 1975 - Civil Procedure Code as amended in 1997 Jidicature Act No.2 1978. Administration of Justice (Amend) Law 1995

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Recommended Reading

- R.K.W. Goonsekera, ‘Law Asia Family Law Series’ Volume – 1 - S. Goonesekera, ‘Pudgala Nitiya’ (1980) - S. Ponnambalam, ‘Law and the Marriage Relationship’ (1982) - Bevar, H. K., ‘Limitations on The Right of an Impotent Space of Petition for Nullity’ 76 Law Quarterly Review 267 - Marriage and Divorce Commission Report (1959) C) Concepts of community of property and separate property

D) Breach of promise

Statutes

- General Marriage Ordinance No.44 (1907)

Recommended Reading

- R.K.W. Goonsekera, ‘Law Asia Family Law Series’ Volume – 1 - S. Goonesekera, ‘Pudgala Nitiya’ (1980) - S. Ponnambalam, ‘Law and the Marriage Relationship’ (1982)

E) Judicial separation

F) Reciprocal duties of support

G) Maintenance Duty of children to support parents

H) Guardianship of minors

Recent Cases

- Kaharachchi v. Wijewickrama (1990) 1 SLR 262 - Rajapakse v. Podiappuhamy 1989 1 SLR 173 2 SLR 383 - Shamila Begam (1989) 2 SLR 239 (C.A.) - Ratnayake v. Chandratileke 1987 2 SLR 299

I) Minority and acceleration of majority

J) Creation and Termination of parental power

K) Custody of Children

Statutes

- Wills ordinance 1844 - Maintenance ordinance (1889) on amended (1972) - Judicature Act 1978 on amended (1979) (1981) - Age of Majority ordinance 1865 an amended (1989)

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- Civil Procedure Code

L) Adoption of Children

M) Rights of an unborn child

N) Marital power

O) Child’s Charter

P) Women’s charter

Q) Suggested reforms of Marriage & Divorce

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ANNEXURE VIII PRELIMINARY YEAR SYLLABUS FOR

IV B LAW OF PERSONS (PERSONAL LAWS)

KANDYAN LAW

A) Kandyan Law Ordinance - Distribution of property

B) Acquired and Paraveni

C) Diga and Binna Marriage

D) Immovable and Movable property

E) Donations

F) Statute and Case Law- Hussain’s Digest

G) Law reports and Articles in Law Magazines

THESAWALAMAI LAW

A) Origin of Thesawalamai

(i) A customary law in its origin (ii) Thesawalamai originally a collection of Dravidian usages (iii) Influence of Hindu Law (iv) Influence of Mohammedan Law (v) Influence of Roman-Dutch Law; and (vi) Influence of English Law

B) Sources of Thesawalamai

(i) Customs as a sources of law in Thesawalamai; and (ii) Law to be applied when Thesawalamai is silent

C) Applicability of Thesawalamai

(i) Applicability of Thesawalamai to spouses married to Malabar Inhabitants of the Northern Province

(ii) Meaning of term “Malabar Inhabitants of the Northern Province (iii) Meaning of term “Malabar” (iv) Meaning of term “Inhabitant”; and (v) Does Thesawalamai apply to property outside the Northern Province?

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D) Customary marriage under Thesawalamai

(i) Essential of a valid customary marriage is a question of facts (ii) Marriage by habit and repute (iii) Consequence of marriage (iv) Contractual rights and liabilities (v) Liability in Delict; and (vi) Status in a Court

MUSLIM LAW

A) Introduction of Muslim Law

B) Sources of Muslim Law

C) Sects and Schools of Thought (Mazhab)

D) Muslim Marriage & Divorce Act

E) Quazi Court System in Sri Lanka

F) Age of Majority

G) Generalia Specialibus Non Derogant

H) Adoption

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ANNEXURE IX PRELIMINARY YEAR SYLLABUS FOR IV C LAW OF PERSONS (Succession)

A) Testamentary Succession

(i) Introduction to last will; The Wills Ordinance of 1844 and the Prevention of Frauds Ordinance of 1840

(ii) Classification of Wills into Testament, Codicil, Joint Will and Mutual Will with special reference to Privileged Will

(iii) Testamentary Capacity (iv) Formalities for making a last will (v) Interpretation of the formalities (vi) Who may not take under a will? (vii) Who may witness a will? (viii) Revocation of a Will

B) Interstate Succession

(i) General principles of intestate succession with reference to provisions of the Matrimonial Rights and Inheritance Ordinance

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ANNEXURE X PRELIMINARY YEAR SYLLABUS FOR

V INDUSTRIAL LAW

A) Concept of Labour - A short introduction

(i) Industrial Revolution and its effects (ii) Historical, political and economic grounds for the emergence of a Labour Class in Sri

Lanka (iii) Concept of Social Justice (iv) Traditional theory of contract and state intervention B) Contract of Employment

C) Classification of Labour Legislation in Sri Lanka

D) Industrial Disputes Act - with emphasis on Collective Agreement procedure (Sec. 5 – 10B) Conciliation and Conciliation by authorized officer and (Sec. 11 – 15) Arbitration –Voluntary & Compulsory (Sec 16 – 21)

E) Tribunals set up by the Industrial Disputes Act

(i) Arbitration Tribunals (ii) Industrial Court (iii) Labour Tribunals; Labour Tribunal Procedure (Sec. 31B to 31DDD) and Industrial

Disputes Amending Acts No.32 of 1990 and Acts Nos. 11 and 13 of 2003; Termination by the employer –this includes constructive termination; Applications to a Labour Tribunal; just and equitable order- Sec. 31C read with Sec.5 of Act No.13 of 2003; Appeals from an order of a Labour Tribunal

F) Probationary Employment

G) Workmen Compensation Ordinance

H) Social Security Laws - with emphasis on Employees Trust Fund Act; Payment of Gratuity Act and Trade Union Ordinance

I) Laws Relating to Terms and Conditions of Employment

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ANNEXURE XI PRELIMINARY YEAR SYLLABUS FOR

VI LAW OF OBLIGATIONS I (CONTRACT)

A) The nature of contract

B) The formation of contract

(i) Reality of consent (ii) Capacity of parties (iii) Formalities (iv) Causa (v) Consideration (vi) Legality of object C) The operation of contract

(i) Persons affected by a contract (ii) Duty of performance

D) The determination of contract and remedies for breach of contract

E) Plurality of parties

F) Elements of the law relating to certain special contracts

(i) Sale (ii) Hire (iii) Donation (iv) Loan (v) Surety-ship (vi) Carriage

G) Licensing and its effect on the first sale principle

H) Modern forms of contract

(i) Shrinkwrap (ii) Clickwrap (iii) Browsewrap licences

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ANNEXURE XII INTERMEDIATE YEAR SYLLABUS FOR

I ADMINSTRATIVE LAW

A) The Nature of Administrative Law

(i) Definition and Scope (ii) Judicial Review of Administrative Action

B) “Orders in the Nature of Writs”

(i) Constitutional significance of the phrase as contained in Article 140 and Article 154P(3) of the Constitution and judicial interpretations given to the same.

(ii) The significance of the distinction between “Orders in the Nature of Writs” and “Prerogative Writs” known to the English Law, and the Constitutional basis for the same.

(iii) Writs of Certiorari, Mandamus, Prohibition and Quo Warranto

C) Changing scope of Orders in the Nature of Writs

(i) The same in the context of Article 3 of the Constitution (ii) Availability or otherwise of the said Orders in contractual contexts with special focus

being given to recent decisions of the Supreme Court and the Court of Appeal. (iii) Discretionary bars to an application for Orders in the Nature of writs including the

impact of the Supreme Court Rules made under Article 136 of the Constitution (particularly, the Rules of 1978 and 1990 and judicial interpretations thereon)

D) Preclusive of Ouster Clauses impacting on applications for Orders in the nature of Writs

(i) Interpretation (Amendment) Act, No: 18 of 1972 ( as further amended) and Judicial decisions interpreting the same

E) Availability or otherwise of Writs in the face of disputed facts

(i) The burden of proof in Writ applications (ii) Other evidentiary aspects in Writ applications

F) Writ of Habeas Corpus

G) Pleadings in Writ applications

(i) Importance of pleadings in Writ applications (ii) Salient aspects that ought to be contained in a Petition (iii) Salient aspects that ought to be contained in a Statement of Objections

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(iv) Procedural Rules that ought to be followed in this regard. ( Supreme Court and Court of Appeal Rules) (v) Drafting of a Petition and a Statement of Objection

H) Orders in the nature of Writs and Election Laws

I) Natural Justice

J) Administrative Justice

(i) Statutory Tribunals and Inquiries (ii) Legal Proceedings involving the State and other Public Corporations (iii) Actions by and against State officers and Public Corporations

K) Delegated Legislation


- Administrative Law, Wade and Forsythe, (9th edition), Oxford (University Press), 2004, (Indian edition)

- I. P. Massey, Administrative Law (India)

- Clerk and Elliot on Texts and Materials of Administrative Law

- Dr. Sunil S. A. Cooray - Administrative Law

- G.L. Peiris — Essays on Administrative Law

- Sri Lanka Law College Law Review 2005 – “ New Vistas for Judicial Review” - Dr. J. de Almeida Gunaratne (PC).

- J.A.L Cooray – The Constitutional and Administrative Law of Sri Lanka. ( Hansa Publishers, Colombo)

- S.A De Smith – Constitutional and Administrative. ( Penguin Books, Harmondsworth)

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ANNEXURE XIII INTERMEDIATE YEAR SYLLABUS FOR

II LAW OF OBLIGATIONS II (CIVIL WRONGS)

A) The nature of delict

B) The requirements of liability in the Aquilian Action and the Actio Injuriarum

C) Strict liability

D) The parties who may sue or be sued

E) Vicarious liability

F) Remedies (including remoteness of damages)

G) General defences

H) Survival of actions

I) Specific wrongs, wrongs against the person (including causing of death)

J) Wrongs against chastity and the marriage relationship

K) Wrongs against property

L) Liability for breach of statutory duty

M) Interference with contractual and business relations

N) Abuse of legal procedure

O) Liability for defamatory and non-defamatory statements

P) Liability for animals

Q) Obligations quasi ex contractu, negotiorum gestio, enrichment without cause

R) Fault liability and strict liability in the modern context (a comparison between the English law and the Roman Dutch law)

S) The law of nuisance and the rule in Rylands v Fletcher (1866) LR 1 1 Ex 265, application of these rules in Sri Lanka

T) The modern scope and application of the rule in Rylands v Fletcher (1866) as reviewed by the House of Lords in Transco plc v Stockport MBC (2003)

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ANNEXURE XIV INTERMEDIATE YEAR SYLLABUS FOR

III A LAW OF TRUST

A) (i) Definition and Classification of Trust

(ii) Differentiation of Trust from other comparable legal institutions

Fidecommissum, Modus, Condition, Waqf: The Muslim Law of Trust

B) An Introduction to the Trusts Ordinance of Sri Lanka

C) Application of English Law under Section 2 of the Trusts Ordinance

D) The Creation of Trusts (Express Trusts)

E) Trusts arising under sections 83 to 96 of the Trusts Ordinance

F) Charitable Trusts and the Cy- Pres Doctrine

G) Law relating to Beneficiaries

H) Law relating to Trustees

I) Miscellaneous Matters relating to Trusts

(i) Prescription

(ii) Partition

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ANNEXURE XV INTERMEDIATE YEAR SYLLABUS FOR

III B INTERPRETATION OF STATUTES & DOCUMENTS

A) Introduction

(i) Parliamentary procedure for enacting legislation (ii) What is meant by “Interpretation of Statutes” (iii) What is meant by “the Intention of Parliament” (iv) The “necessity” and the “importance” of interpreting Statutes (v) The functions of the Courts in the interpretation of Statutes

B) Different Parts of a Statute

(i) Introduction to the different key “Parts” of a Statute (ii) The importance of the following “Parts” in a Statute as an aid in the interpretation of

that Statute:- a. Long Title b. Preamble c. Short title d. Marginal Notes e. Provisos f. Headings g. Interpretation clause h. Schedules

C) The Traditional Rules of Interpretation

(i) The Literal Rule (ii) The Golden Rule (iii) The Mischief Rule (iv) Construction Ut Res Margis Valeat quam pereat

D) The Modern Rules of Interpretation

(i) Introduction to some of the modern theories of interpretation referred to by certain jurists

(ii) The Subjective Theory (iii) The Purposive Rule (iv) The Judicial Theory (v) Value-Coherent Theory (vi) The Objective Theory

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E) Subordinate Principles of Interpretation (Linguistic Canons)

(i) Noscitur a Sociis principle (ii) Ejusdem Generis Principle (iii) Expressio unius est exclusio ulterius principle (iv) Rank Principle (v) Usage and Contemporanea exposito est optima principle F) External Aids in Interpretation

(i) What is meant by “External Aids” (ii) A detail study of some of the important External Aids, namely:-

a. Historical Background b. Hansards c. Explanatory Notes d. Legal Dictionaries

(iii) The decision in Pepper v. Hart and the developments thereafter

G) Directory and Mandatory Legislation

(i) What is meant by a “directory” provision (ii) What is meant by a “mandatory” provision (iii) The distinction between these two types of provisions and how they may be

identified from each other (iv) The effect of holding a provision to be “mandatory” or “directory”

H) Retrospective Legislation

(i) Article 75 and Article 13(6) of the Constitution (ii) Difference between “retrospective” and “retroactive” provisions (iii) Effect of retrospective legislation (iv) Rule against retrospective legislation

I) Finality Clauses

(i) The meaning of finality clause (ii) The different types of finality clauses (iii) Section 22 of the Interpretation Ordinance and its effect (iv) The attitude of the Courts towards finality clauses

J) Repeal and Revival of Legislation

(i) Article 75 of the Constitution (ii) Section 6, 15 and 16 of the Interpretation Ordinance (iii) Consequences of a repeal

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(iv) Revival of a Statute

K) Judicial Review of Legislation

(i) What is meant by “Judicial Review of Legislation” (ii) The Sri Lankan position in relation to review of legislation by Courts prior to 1972 (iii) “Judicial Power” cases (iv) The position under the 1972 and 1978 Constitutions

L) “Presumptions” as an Aid in the Interpretation of Statutes

M) “Maxims” as an Aid in the Interpretation of Statues

A comparative study is carried out in teaching the above mentioned topics, of the legal positions in Australia, South Africa, England, India and Sri Lanka.

Recommended Reading

- S. Namasivayam – Drafting of Legislation ( Ghana University Press, Accra).

- Sir Charles E. Odgers – The Construction of Deeds and Statutes ( Sweet and Maxwell, London)

- R. Burrows – Interpretation of Documents ( Butterworths, London)

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ANNEXURE XVI INTERMEDIATE YEAR SYLLABUS FOR

IV JURISPRUDENCE A) Nature of Jurisprudence

(i) Definitions of jurisprudence (ii) Key jurisprudential question: what is the law/ what constitutes good law? (iii) Austin’s division between analytical and normative jurisprudence (iv) Other sub divisions of jurisprudence (v) The terminology of jurisprudence (vi) Formalist and contents approaches to moral philosophy

B) Natural Law Theory

(i) What is natural law? (ii) Sources of higher principles reflected in law (iii) The development of natural law theory throughout the ages (iv) Aquina’s integration of the rationalist and religious approaches to natural law (v) JM Finnis’ modern natural law theory (vi) How is the “ought” derived from the “is” for Finnis? (vii) Main criticisms of natural law theory

C) Positivist theories of law

(i) What is the positivist approach to law? (ii) The “is” and “ ought” questions in legal positivism (iii) Devices used to identify law (iv) Imperative theories of law (v) Benthem’s approach to law (vi) What is good law for Benthem? (vii) Austin’s command theory of law (viii) Elements of the statement “ law is the command of a sovereign backed by sanctions”

D) Pure Theory of Law

(i) Kelson’s pure theory of law (ii) Kelson’s distinction between primary and secondary norms (iii) Kelson’s distinction between subjective/ objective meanings of actions (iv) The hierarchy of norms/ concept of the basic norm (v) Criticisms applicable to imperative theories

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E) Hart’s Theory of Rules (Primary and secondary Rule)

(i) Hart on coercion, rules and morality (ii) Distinction between obedience and compliance (iii) Hart’s definition of a “ rule” (iv) Primary and secondary rules (v) The systemic quality of law (vi) Rules of recognition/ rules of change/ rules of adjudication (vii) Dworkin’s criticisms of natural law and legal positivism (viii) Dworkin’s criticism of Hart (ix) The difference between rules and principles for Dworkin (x) Dworkin and judicial discretion

F) Right

(i) Dworkin’s rights thesis (ii) Dworkin’s principles and policies (iii) Dworkin’s rights as “ trumps”

G) Sociological Schools

(i) Difference between sociological jurisprudence, sociology of law and socio – legal studies

(ii) Central assumptions of sociological jurisprudence (iii) Weber’s three ideal stages of development (iv) Durkheim and social solidarity (v) What is functionalism? (vi) What are socio – legal studies? (vii) Sociology of law (viii) Unger’s three types of law

H) Marxist Theory of Law

(i) Marx’s six stages of development (ii) Historical/ dialectical materialism

I) Feminist Legal Theory

(i) Origins and aims of feminist legal theory (ii) Equality/ difference debate (iii) Public/ private debate (iv) Power (v) The “ reasonable man/ person” (vi) Freedom

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(vii) Relationship between feminist legal theory and practice in law (viii) Relationship between feminist legal theory and political philosophy

J) American Realism/ Critical legal studies

(i) What are the critical legal studies? (ii) The history of the CLS movement (iii) The decline of American CLS (iv) American CLS today

K) Public Interest Litigation

L) Anthropological School

Recommended Reading

- R.W.M Dias – Jurisprudence (Butterworth, London)

- D. Lloyd – Introduction to Jurisprudence ( Stevens, London)

- Sir J.W Salmond – Jurisprudence (Sweet and Maxwell, London)

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ANNEXURE XVII INTERMEDIATE YEAR SYLLABUS FOR

V LAW OF PROPRETY I

A) Prevention of Frauds Ordinance

(i) Section 2 of the Prevention of Frauds Ordinance (ii) Exceptions to the application of Section 2 of the Ordinance (iii) Sections 3, 4 and 17 of the Ordinance

Recommended Reading

- T G. L. Peiris, The Law of Property – Vol I pages 174 – 185.

B) Land Acquisition Act and the Amendments

(i) Nature and Scope of the Act (ii) Issue of Notices (iii) Objections (iv) Inquiries into claims for compensation (v) Award (vi) Possession and Disposal – Section 38 (vii) Matters to be ignored – Section 48 (viii) Interpretation – Section 65

Recommended Reading

- The Attorney-General v Herath 62 NLR 145; Ponnambalam v The Municipal Commissioner, Colombo 59 NLR 87; Gopallawa v Land Acquisition Board of Review 59 NLR 437

C) Land Reform Law and the Amendments

(i) Ceiling on Agricultural Lands (ii) Interim Order - Section 4 (iii) Vesting of Agricultural Lands (iv) Inter family transfer of agricultural land after the commencement of the law (v) Declaration under Section 18 (vi) Statutory determination (vii) Effect of a Statutory determination (viii) Jinawathie & Others v Emalin Perera (1986) 2 Sri L.R. 121 (ix) Compensation (x) Interpretation – Section 66

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D) State (Crown) Lands Ordinance

(i) Grants (ii) Leases and other disposition of state land (iii) Execution of Instruments of Disposition (iv) Vesting Orders (v) Special Leases by Local Authorities (vi) State reservations (vii) Interpretation – Section 110

E) Rent Act No. 7 of 1972 and the Amendments

(i) The operation and application of the Act (ii) Computation of the Standard Rent and Authorised Rent (iii) Ejectment procedure (iv) Notice to quit (v) Excepted premises – residential and business (vi) Payment of Rent to authorized person - Section 21 (vii) Certificate of Tenancy - Section 35 (viii) Continuance of Tenancy upon death of tenant - Section 36


- Landlord and Tenant - The Law of Property in Sri Lanka - Volume 2 - by G. L. Peiris

F) Apartment Ownership Law - Law No. 11 of 1973 as amended by Act, No. 45 of 1982 and Act No. 39 of 2003

(i) Application of the law (ii) Registration of Condominium Plan, Provisional Condominium Plan and Semi

Condominium Plan (iii) Effect of registration (iv) Implied servitudes (v) Management Corporations (vi) Management Fund (vii) Recovery of Contributions

G) Registration of Documents Ordinance and the Amendments

(i) Registration of instruments affecting land – Sections 6 and 7 of the Registration of Documents Ordinance

(ii) Categories of registrable instruments (iii) Unregistered instrument void against subsequent registered instrument (iv) Requisites of priority

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(v) Factors vitiating priority (vi) Registration in the wrong folio - Section 14 of the Registration of Documents

Ordinance (vii) Registration of lis pendens


- The Law of Property in Sri Lanka - Volume 1 by G.L.Peiris - Pages 206-265

H) The Partition Law No. 21 of 1977 and its Amendments (Matters of Procedure)

(i) Nature and Objectives (ii) Preliminary Steps – nomination of legal representatives (iii) Registration of Lis Pendens (iv) Section 12 Declaration (v) Issue of Summons (vi) Public notice of institution of Action (vii) Preliminary survey and plan (viii) Statements of Claims of Defendants (ix) Notice of action to claimant at preliminary survey - Section 16 of the Partition Law as

amended by Act, No. 32 of 1987 (x) Trial (xi) Interlocutory Decree (xii) Scheme Inquiry (xiii) Final Partition Decree (xiv) Finality of Interlocutory and Final Decrees of Partition (xv) Interpretation – Section 83


- Partition Law of Sri Lanka in practice by Mahanama Tilakaratne

- The Law of Property in Sri Lanka - Volume 3 - Servitudes & Partition by G.L.Peiris

I) The Agrarian Development Act No. 46 of 2000

(i) Tenant Cultivator - Section 6 of the Act (ii) Paddy lands cultivated by tenant cultivator to be offered for sale to tenant cultivator

- Section 2 of the Act (iii) Procedure for eviction - Section 8 of the Act (iv) Owner cultivator (v) Determination of maximum extent of paddy land - Section 5 of the Act (vi) Definition clause

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J) Mortgage Act and the Amending Act No. 3 of 1990

(i) Interpretation – Section 2 (ii) Hypothecary actions on Mortgages of land:-

a. Registration of address for service of documents: 1. Section 6 2. Actions on Mortgage – Section 7 3. Registration of lis pendens – Section 8

(iii) Meaning of prior mortgage and puisne mortgage – Section 24 (iv) Appointment of Receiver of mortgaged land (v) Sale under hypothecary decree (vi) Parate execution (vii) Effect of third party mortgages vis-à-vis parate execution (viii) Renunciation of benefit under Section 46 in terms of Section 47A introduced by Act

No. 3 of 1990 (ix) Provisions for recovery of possession under parate execution in terms of Part IIA of

Act No. 3 of 1990 (x) Decree Absolute in default of appearance – Section 59

K) Recovery of loans by Banks (Special Provisions) Act No. 4 of 1990 and the Amendments

(i) Action by Board where default is made - Section 3 of the Act (ii) Authorisation of sale of mortgaged property - Section 4 of the Act (iii) Authorisation of Manager to take possession of mortgaged property - Section 5 of

the Act (iv) Notice of resolution - Section 8 (v) Notice of Sale - Section 9 (vi) Upset price - Section 11 (vii) Certificate of sale (viii) Order for delivery of possession (ix) Interpretation - Section 22

L) Debt Recovery (Special Provisions) Act No. 2 of 1990 and the Amendments by Act No. 9 of 1994

(i) Lending Institution (ii) Interpretation - Section 30 (iii) Institution of action (iv) Instrument, agreement or document sued on to be produced with plaint and affidavit

- Section 4 as amended by Act No. 9 of 1994 (v) Defendant cannot appear or show cause against decree nisi except with leave (vi) Decree nisi made absolute - Section 6 as amended by Act No. 9 of 1994 (vii) Decree absolute deemed to be a writ - Section 13 as amended by Act No. 9 of 1994 (viii) Alienation of property by judgment - Debtor after institution of action - Section 15 as

amended by Act No. 9 of 1994

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M) The Ceiling on Housing Property Law, No. 1 of 1973 and its amendments, particularly Act No. 4 of 1988

(i) Nature and objectives (ii) Permitted number of houses (iii) Declaration under Section 8 (iv) Vesting (v) Current position with regard to vesting (vi) Divesting (vii) Claims to price payable

N) The Abolition of Fideicommissa and Entails Act and the amendments

(i) Prohibition on creation of Fideicommissa and entails (ii) Vesting of absolute title (iii) Power of Fiduciary vested with ownership to transfer property to fideicommissary

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ANNEXURE XVIII INTERMEDIATE YEAR SYLLABUS FOR

VI A LAW OF PROPERTY II (Part I – GENERAL PRINCIPLES)

A) The province of the law of property

B) Foundation of the law of property in Sri Lanka

(i) Roman-Dutch Law (ii) Statute Law (iii) Case Law

C) Classification of Property

(i) Res Intra Commercium and Res Extra Commercium (ii) Res Corporales and Res Incorporales (iii) Res Fungibiles and Res Non Fungibles (iv) Res Mobiles and Res Immobiles (v) Fructus naturals and Fructus Industriales (vi) Fixtures

D) Relevant Legislation

(i) Maritime Zones Law, No.22 of 1976 (ii) Marine Pollution Prevention Act, No.59 of 1981 (iii) Fisheries and Aquatic Resources Act, No.2 of 1996 (iv) Coast Conservation Act, No.57 of 1981 (v) Soil Conservation Act (vi) Irrigation Ordinance (vii) Mahaweli Authority of Sri Lanka Act (viii) And other relevant laws with the amendments

E) Modes of Acquisition of Property

(i) Occupation (ii) Accessio (iii) Traditio (iv) Transfer of Land – The Prevention of Frauds Ordinance

F) Paulian Action

G) Possessory Remedies

H) Attributes of Ownership

I) The vindicatory action

J) Concept of Possession

K) Co-owners

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L) Lease

M) Donation

N) Emphyteusis

I) Superficies

J) Planter’s Share

K) Servitudes

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ANNEXURE XIX INTERMEDIATE YEAR SYLLABUS FOR

VI B LAW OF PROPERTY II (PART II- PERSONAL LAW)

KANDYAN LAW

A) Kandyan Law Ordinance - Distribution of property

B) Acquired and Paraveni

C) Diga and Binna Marriage

D) Immovable and Movable property

E) Donations

F) Statute and Case Law- Hussain’s Digest

G) Law reports and Articles in Law Magazines THESAWALAMAI LAW

A) Muthusam (Ancestral Property)

(i) Origin of Muthusam (ii) Muthusam under old Thesawalamai (iii) Muthusam under the Jaffna Matrimonial Rights and Inheritance Ordinance (iv) Muthusam and conversion B) Cheedanam (Dowry Property)

(i) Origins of Cheedanam (ii) Objectives of Cheedanam (iii) Persons who could grant a dowry (iv) The time when dowry is given (v) Rights and obligations of parents in respect of dowry property (vi) Law governing dowry after the Jaffna Matrimonial Rights and Inheritance Ordinance C) Thediathettam (Acquired Property) (i) Origin of the concept of Thediathettam (ii) Thediathettam under old Thesawalamai (iii) Thediathettam under Jaffna Matrimonial Rights & Inheritance Ordinance (iv) Property within the meaning of section 19(a) of the Jaffna Matrimonial Rights and

Inheritance Ordinance (v) Powers of the spouses over the Thediathettam (vi) Wife’s right of alienation of Thediathettam under old Thesawalamai (vii) Wife’s right of alienation of Thediathettam after 1911 (viii) The Law of Thediathettam under Ordinance No. 58 of 1947

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D) Pre-emption

(i) Origin of Pre-emption (ii) Definition of Pre-emption (iii) Persons entitled to right of Pre-emption (iv) The Thesawalamai Pre-emption Ordinance (v) Procedure for enforcing the right of pre-emption

MUSLIM LAW

A) Donation

B) Inheritance

C) Muslim Mosque & Charitable Trust or Wakf

(i) Selection / Election of Trustees (ii) Powers & Functions of Trustees (iii) Administration of Trust Property (iv) Wakf Board (v) Wakf Tribunal

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ANNEXURE XX INTERMEDIATE YEAR SYLLABUS FOR VII PUBLIC INTERRANATIONAL LAW

A) Sources of international law

(i) Introduction (ii) Treaties (iii) Customs (iv) The relationship between treaties and customs (v) General principles of law (vi) Judicial decisions (vii) The writings of publicists (viii) Other sources of international law (ix) The international law commission (x) Ius cogens

B) International law and Municipal law

(i) Introduction (ii) The relationship between international law and municipal law (iii) The application of municipal law before international tribunals (iv) The application of international law in UK courts (v) EC law in UK courts

C) International Personality

(i) Introduction (ii) The criteria for statehood (iii) Independent states (iv) Dependant states (v) Special cases (vi) Mandates and trusteeship territories (vii) International organizations (viii) Individuals

D) Recognition

(i) Introduction (ii) Recognition in international law (iii) Recognition of governments (iv) Recognition in municipal law

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E) Sovereignty and Equality of States

(i) The doctrine of equality of states (ii) Legal consequences of sovereign equality or independence (iii) Domestic jurisdiction

F) Jurisdiction

(i) Introduction (ii) Territorial principle (iii) Nationality principle (iv) Protective principle (v) Passive personality principle (vi) Universal jurisdiction (vii) Concurrent jurisdiction (viii) Extraterritorial application of competition law: the “ effects doctrine” G) Immunity from jurisdiction

(i) Introduction (ii) State immunity (iii) Diplomatic immunity (iv) Quasi – diplomatic privileges and immunities H) State responsibility or wrongful Acts

(i) Introduction (ii) The theories of responsibility (iii) Imputability (iv) Direct and indirect international wrongs (v) Direct international wrongs” aggrieved responsibility (vi) Direct international wrongful acts: ordinary responsibility (vii) Indirect international wrongs: the treatment of aliens (viii) Expropriation of foreign property (ix) Admissibility of state claims (x) Circumstances precluding wrongfulness (xi) Consequences of invoking a circumstance precluding wrongfulness (xii) Reparation for injuries

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I) The Law of Treaties

(i) Introduction (ii) The formalities of a treaty (iii) Unilateral acts (iv) The making of treaties (v) Validity of treaties (vi) Application of treaties (vii) Amendment and modification of treaties (viii) Interpretation of treaties (ix) Termination of treaties (x) Settlement of disputes (xi) Treaties by international organizations J) Self determination of Peoples

(i) Introduction (ii) The historical background (iii) Decolonisation (iv) The limits of the right to self determination in the colonial context (v) The extension of the right to self – determination to people living under racist

regimes and foreign domination (vi) The right to self – determination as a human right (vii) Self – determination in the post – cold war era K) The use of force

(i) Introduction (ii) The right to wage war (iii) From partial to total prohibition of wars (iv) The prohibition of the threat or use of force under the UN charter (v) Exceptions to the prohibition of the treat of or use of force based on self defence (vi) Collective self defence (vii) Controversial uses of force L) Collective Security

(i) Introduction (ii) The security council’s role in the maintenance of international peace and security (iii) The uniting for peace Resolution (iv) Peacekeeping (v) Actions by regional agencies

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M) International humanitarian Law

(i) Introduction (ii) The law relating to the conduct of armed conflicts (iii) Humanitarian law (iv) Breaches of international humanitarian law N) Criminal responsibility of individuals under International Law

(i) Introduction (ii) The international Military Tribunal at Nuremburg (iii) The international Military Tribunal for the far East (iv) The international criminal Tribunal for the former Yugoslavia (v) The international criminal Tribunal for Rwanda (vi) The international criminal court Recommended Reading - International Law – Rev. Noel Dias

- J.L Brierly – The Law of Nations – (Clarendon Press, Oxford)

- G. Starke – An Introduction to International Law – ( Butterworths, London)

- H.W Briggs – The Law of Nations ( Appleton- Century- Crofts- New York)

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ANNEXURE XXI INTERMEDIATE YEAR SYLLABUS FOR

VIII A REVENUE LAW

A) Income Tax

(i) Constitutional provisions relating to taxation (ii) Interpretation of tax statutes (iii) Tax avoidance and tax evasion (iv) Charging section in the Inland Revenue Act No 10 of 2006 (ie section 2) (v) Sources of income (vi) Accounts and the tax law (vii) Deductibility of expenses (viii) Capital expenditure and revenue expenditure (ix) Assessable income, statutory income and taxable income (x) Preparation of a basic income tax computation for a Lawyer (xi) Administrative provisions relating to income tax returns and assessments (xii) Income tax appeals and recovery actions (xiii) Thin capitalization and Transfer Pricing (xiv) Basic provisions of the India Sri Lanka Double Tax Treaty (ie permanent

establishment, business profits, dividends, interest, royalties, independent personal services, dependent personal services, artistes and athletes)

B) Value Added Tax

(i) The charging section (i.e. Section 2) (ii) VAT liable, zero rated and exempt supplies (iii) Time of supply and value of supply (iv) Registration and VAT invoices (v) VAT returns and input credits (vi) Financial services VAT

In addition a very basic idea of Nation Building Tax is also taught by going through the charging section. C) Monetary Law

(i) The primary responsibilities of the Central Bank of Sri Lanka (CBSL) including those of its various departments

(ii) The responsibilities of CBSL with regard to solvency and stability of financial institutions

(iii) Miscellaneous areas such as the Central Bank Report, operation of fund transfer and cheque clearance systems, monetary management, open market operations etc

2

D) Customs Law

(i) Chargeability provisions and classification rules (ii) Transshipment and warehousing (iii) Importation provisions (iv) Forfeiture and actions for recovery of goods (v) General offences

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ANNEXURE XXII INTERMEDIATE YEAR SYLLABUS FOR

VIII B ENVIRONMENTAL LAW

A) Introduction

(i) Introducing to the study of the environment including the basic understanding of ecology

(ii) Environmental issues – national, regional and global (iii) Evolution of environmental law at the national and international levels

B) International Environmental Law

(i) Customary international concepts/ global partnership/ sharing one planet etc (ii) Co-operation, state sovereignty (iii) Relevant international conventions (iv) Selected case laws

C) The right to live in a clean and healthy environment

(i) The Constitutional provisions/ Directive Principles of State Policy/fundamental duties (ii) Human rights aspects of environmental protection In Sri Lanka and India (iii) Judicial role in the protection of environment

D) Principles and Concepts of environmental law

(i) Sustainable Development (ii) Precautionary Principle (iii) Polluter Pays Principle (iv) Inter-generational equity (v) Public Trust Doctrine/Guardianship (with special emphasis to Articles 3,4,12 and 18

of the Constitution of Democratic Socialist Republic of Sri Lanka (vi) Relevant provisions of the UN Conventions (vii) Case laws – Sri Lanka/India etc

E) Available Remedies

(i) Under common law (ii) Constitution (iii) Statutory law (iv) Public Nuisance /Code of Criminal Procedure Act/Penal Code F) Public Interest Litigation

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G) Air Pollution/Water Pollution/Soil Pollution/Noise Pollution

(i) National Laws/case laws

H) Provisions of the National Environmental Law/Subordinate legislation etc I) Other relevant laws

(i) National Heritage and Wilderness Act/Forest Ordinance/Fauna and Flora Protection Ordinance/Mines and Minerals Act Soil Conservation Act/ Marine Pollution Prevention Act etc.

Recommended Reading

- A.Rosencranz, S. Divan and M.L. Noble -Environmental Law and Policy in India

- S. Shanthakumar - Environmental Law, An Introduction with Bare Acts and Summary of Cases

- Open University Notes

- Cases reported in South Asian Environmental Law Recorder

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ANNEXURE XXIII INTERMEDIATE YEAR SYLLABUS FOR VIII C INTELLECTUAL PROPERTY LAW

A) Introduction to Intellectual Property (i) Intellectual Property Rights (IPR) in general, and lesser rights such as Utility Model

protection, which is part of the law of Japan but not Sri Lanka (ii) History and Evolution of Intellectual Property Law in Sri Lanka (iii) Sri Lanka‘s International Obligations B) Different types of Intellectual Property (i) Patent a. Meaning of invention and patent

b. Patentable subject matter c. Conditions of Patentability

1. Industrial applicability (Utility) 2. Novelty 3. Inventive Step (Non Obviousness)

d. Disclosure of the Invention and Drafting the Patent Specifications e. Procedure for Registration of a Patent, Appeals and post registration activities f. Exclusive Rights of a Patent Owner, limitations and exceptions g. Infringement and Enforcement of Rights

1. Types of infringement 2. Elements in Establishment of Infringement 3. Remedies available to the patent Owner

h. Exploitation of the Patented Invention i. Licenses – voluntary and compulsory, assignment and transfer and nullity

(ii) Copyright and Related Rights a. Copyright protection in general b. Subject matter of copyright protection c. Conditions for protection d. Rights comprised in copyright and limitations e. Ownership of copyright f. Piracy and infringement and remedies available g. Protection of Expressions of Folklore h. Related rights

(iii) Trademarks a. Definitions and constitution of a mark b. Trademarks/Services Marks/ Collective Marks/ certification marks c. Admissibility for registration e. Procedure for Registration of Trade Mark, Appeals and post registration activities g. Protected Rights and limitations i. Enforcement of rights h. unregistered marks

(iv) Industrial Designs a. Definition of a design

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b. conditions for protection c. Procedure for Registration of Industrial Designs, Appeals and post registration activities d. Rights in registered Industrial Designs and limitations e. Enforcement of rights e. Overlapping IP rights including relationship to copyright

(v) Geographical Indications a. Protection of Geographical indications at National Level Protection of

Geographical Indications at International through Multilateral Treaties/ Bilateral Agreements

(vi) Protection against Unfair Competition

a. The need for Protection b. The Legal Basis for Protection c. The Acts of Unfair Competition d. Unfair competition and passing off

(vii) Assignment, Licensing and Franchising a. Assignments b. Licensing c. Franchising d. Applicable provisions in the Intellectual Property Act e. Typical Provisions in an Assignment, Licensing or Franchise Agreement e. Comparison of these arrangements with each other

C) International Aspects of Intellectual Property (i) Selected International Conventions on Intellectual Property

a. The Paris Convention for the Protection of Industrial Property b. The Berne Convention for the Protection of Literary and Artistic Works c. The Patent Co-operation Treaty d. The Madrid Agreement Concerning the International Registration of Marls and

the Protocol Relating to the Madrid Agreement e. The Hague Agreement concerning the International Deposit of Industrial

Designs. The Trademark Law Treaty Treaties on Classification f. The International Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organizations (The Rome Convention) g. Other Special Conventions in the Field of Related Rights h. The International Convention for the Protection of New Varieties of Plants i. The Agreement on Trade Related Aspects of Intellectual Property Rights

(TRIPS) j. WIPO Copyright Treaty k. WIPO Performances and Phonograms Treaty

(ii) Role of International Organisations including WIPO and WTO (iii) TRIPS Agreement and Developing Country Concerns

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ANNEXURE XXIV INTERMEDIATE YEAR SYLLABUS FOR

VIII D PRIVATE INTERNATIONAL LAW

A) Definition, nature and scope of Private International Law

B) Introduction & general Principles of the Private International Law

(i) The scope, nature and terminology of the subject (ii) The conflicts of laws process (iii) The meaning of ‘country’ in the conflicts of laws (iv) Classification of the cause of action (v) Classification of the rule of law (vi) The proof of foreign law (vii) The exclusion foreign law C) The special conceptual problems:

(i) Renovoi (ii) Characterisation and the incidental question (iii) Substance and procedure (iv) Public international law and the conflicts of laws (v) The time factor

D) A special connecting factor: Domicile

(i) What is domicile and why is it important? (ii) Principles of the law of docmicile (iii) The domicile of dependence (iv) The domicile of choice (v) The domicile of origin (vi) The domicile of corporations (vii) The reform of the law of domicile (viii) Habitual residence and nationality

E) Jurisdiction

(i) Actions in Personam (ii) Actions in Rem (iii) Forum conveniens (iv) Limitation son Jurisdictions

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F) Stay of local proceedings & the restraining of foreign proceedings

G) Recognition & Enforcement of foreign Judgments (including arbitral awards)

H) Special issues arising in Family Law

(i) Marriage (ii) Matrimonial Causes (iii) Legitimation & Adoption (iv) Custody, guardianship & wardship

I) Special issues arising in law of property

(i) Distinction between movables and immovables (ii) Classification by Lex situs (iii) Distinction btw tangible and intangible movables

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ANNEXURE XXV FINAL YEAR SYLLABUS FOR

I LAW OF EVIDENCE A) Improper admission(reception) and rejection of evidence

B) Admissibility of evidence obtained by illegal, improper or unfair means

C) Exclusion of relevant and admissible evidence

D) Evaluation of evidence

E) Dock Statements

F) Exceptions to the Evidence Ordinance

(i) Section 110 of the Code of Criminal Procedure (ii) Section 81 of the Children and Young Person’s Ordinance (iii) Evidence Special Provisions Act No.32 of 1999 G) Evidence (Special Provisions) Act No.14 of 1995 - contemporaneous recordings (Audio

and video) and computer generated material

H) Electronic Transactions Act

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ANNEXURE XXVI FINAL YEAR SYLLABUS FOR

II CRIMINAL PROCEDURE CODE

A) General Introduction (i) What is procedural law as opposed to substantive law? (ii) General procedural systems a. Accusatorial b. Inquisitorial (iii) The merits and the demerits of the two systems very briefly

B) History of the criminal procedure law in Sri Lanka

C) Courts exercising criminal jurisdiction – High Courts and Magistrates Courts (i) Detailed study of the Magistrates Court jurisdiction a. Summary jurisdiction. b. Non-summary jurisdiction. (ii) Preventive jurisdiction of criminal courts

a. Security for keeping the peace and good behavior b. Dispersal of an unlawful assembly c. Public nuisance

D) Investigations (i) Powers of the Magistrate and Police during investigation with emphasis on the need to

protect the liberty of the individual while assisting the police to discover and punish crimes

(ii) Use of statements recorded during investigations and trials (iii) Holding of identification parades (iv) Recording of statements by magistrates (v) Medical examination and collection of specimens

E) Arrest (i) How an arrest is formally made - sec. 23 (ii) Arrest upon a warrant – sec. 50-59 (iii) Arrest without a warrant – sec. 32-33-49 (iv) Obligations devolving upon the public – sec (v) Proclamations and attachment – sec. 60-62 (vi) The provisions of PTA and Emergency regulations would also be briefly discussed (vii) Other rules regarding processes – sec. 63-64

F) Bail (i) What is bail? (ii) Bail during police investigations into offences (iii) Bail during trial (iv) Anticipatory bail

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(v) Factors governing the grant of bail a. Sections: Provisions of Chapter XI – regarding bail during investigations

1. Sections 402-408 2. Bail Act No. 30 of 1997

G) Charge (i) Contents of the charge (ii) Rules regarding the framing of charges

a. General rule b. The exceptions – Joinder of charges

(iii) Compounding of offences (iv) Legal effects of a charge (v) Duplicity of charges (vi) Doctrine of double jeopardy

H) Institution of proceedings (i) Procedure when the accused is present (ii) Procedure when the accused is absent

I) Trial by High Court (i) Trial by judge without a jury (ii) Trial by judge with a jury

a. Provisions relating to the jury b. Respective duties of the judge and the jury.

J) Judgment

K) Appeals

L) Proceedings by the Attorney-General

M) Sentences- Suspended sentence

N) Disposal of property which are the subject of offences

M) Writing proper judgments

O) Ambit and scope of prosecutorial discretion

P) Victims and witnesses rights

Q) Investigations and prosecutions of computer and cyber crimes

R) Investigations and prosecutions of crimes related to money laundering

S) Investigations and prosecutions of bribery and corruption offences

T) Investigations and prosecution of offences relating to securities and share market

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U) Investigation and prosecution of offence committed by corporations, companies and directors

V) Writing proper judgments

W) Ambit and scope of prosecutorial discretion

X) Extradition procedure

Y) Extra-territorial jurisdiction and universal jurisdiction

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ANNEXURE XXVII FINAL YEAR SYLLABUS FOR

III COMMERCIAL LAW I

A) Law of Agency (i) Law applicable to Principal-Agent relationship (ii) Legal aspects of Agency (iii) Creation of the relationship of principal and Agent (i) Authority, rights, duties (obligations) of Principal and Agent (ii) Legal relationship between Principal & Third Parties and Agent & Third Parties (iii) Termination of Principal-Agent relationship (iv) “Powers of Attorney” and creation, registration and termination of Powers of

Attorney (v) Legal aspects and application of Powers of Attorney (vi) Advantages and disadvantages of Agency B) Partnership Law (i) Nature and Legal personalities of Partnerships (ii) Formation of Partnerships and Legal documents involved in formation (iii) Legal relationship among partners of a Partnership (iv) Legal relationship between partnership and Third parties and partners (individually)

and Third Parties (v) Registration of Partnerships at the Registrar of Business names (vi) Rights, duties and liabilities of partners (vii) Termination and dissolution of partnerships (viii) Partnerships vs. Co-ownerships (ixs) Partnerships vs. Sole Proprietorships C) Company Law (i) Brief history and development of Company Law (ii) Formation of limited liability companies, Registration and legal personality of

Companies, different type of Companies (iii) Basic requirements of limited liability Companies including Articles of Association (iv) Membership, Shares and Debentures of limited liability Companies including

acquisition, allotment and Public offers of shares (v) Concept of Stated Capital, Solvency test, Dividends and other Distributions (vi) Directors, Company Secretary, Auditor and other officers of limited liability

companies together with their duties and responsibilities (vii) Corporate Governance (viii) Meetings of limited liability companies including ‘Annual General Meetings’ and

functions and objectives of different types of Meetings (ix) Accounts, dividends and maintenance of capital; Borrowings, Credit and Securities (x) Company Secretarial functions applicable to limited liability companies together with

dealings with Registrar of Companies

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(xi) Winding – up of limited liability companies (xii) Administration (xiii) Minority Protection, Investor Protection and Legal status of different type of

creditors; Oppression & Mismanagement, Insider Dealing and Derivative actions (xiv) Overseas Companies and registration of their branches (xv) Off Shore Companies D) Insurance Law (i) Nature of the Contract of Insurance including

a. Nature of Contract b. Formation of the contract

(ii) Insurable Interest a. General Principles b. Nature of Insurable interest c. Insurable interest in marine policies

(iii) The Risk a. Proximity Rules b. Burden of Proof

(iv) Non-Disclosure and Misrepresentation (v) Conditions and Warranties (vi) Indemnity (vii) Reinstatement

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ANNEXURE XXVIII FINAL YEAR SYLLABUS FOR

IV COMMERCIAL LAW II

A) Sale of Goods - The Sale of Goods Ordinance No. 11 of 1896

(i) Contract of Sale and its subject matter Types of goods, Conditions / Warranties as to quantity and quality Passing of title (ii) Duties of the parties of the Contract Passing of good title, quiet possession etc by the seller Delivery, acceptance & Payment by the buyer (iii) Remedies available Buyer’s right to reject or claim damages for non delivery etc. Seller’s right to stop goods in transit, exercise lien claim damages etc. “nemo dat quod non habet” rule & exception B) Hire Purchase

(i) Common Law Principles (ii) The Consumer Credit Act, No. 29 of 1982 (iii) Overlap between the Sale of Goods Ordinance and the Consumer Credit Act

C) Finance Leasing Act, No.56 of 2000

(i) The Finance Leasing Act No. 56 of 2000 provides for the regulation and monitoring of the finance leasing business. The Act provides that from the appointed date, no person shall carry on finance leasing business except under a Certificate of Registration issued by the Director of Finance Leasing. The applicant should forward a copy of the operating manual. Students who later seek employment in the finance leasing sector will greatly benefit by studying the provisions of this Act

(ii) Introduction to the Financial Ombudsman Scheme as it relates to Finance/Leasing Companies

D) Consumer Affairs Authority Act, No. 9 of 2003

Consumer protection and the regulation of businesses which provide goods and services is an important aspect of commercial law. It is also one of the areas in law that can bring about heated discussions, debates and courtroom drama. Students can also engage in lively discussions on law reform in this area of the law where new mechanisms are constantly sought to protect consumers and regulate businesses. Comparative studies can also be done in this area.

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E) The Unfair Contract Terms Act, No.26 of 1997

The Unfair Contract Terms Act was introduced in order to protect consumers mainly from unfair exemption clauses. Section 54 of the Sale of Goods Ordinance allows parties to a contract to ignore implied terms and conditions of a contract by express agreement. Hence, it is intrinsically related to sale of goods and hire purchase Agreements. Most implied terms and conditions seek to protect the buyer, and if the seller could exempt himself from liability of such terms and conditions, the consumer stands to lose. Examples on how this statute seeks to protect the interests of the consumer can be explained to the students by a simple study of the provisions of this Act.

F) Introduction to International Trade Law

(i) The International Sale of Goods including, f.o.b ,c.i.f Contracts and other Inco Terms (ii) The Finance of International Trade - with emphasis on Letters of Credit (iii) Principles of Shipping Law – Carriage of Goods by Sea Act, No.2 I of 1981 G) Bills of Exchange and Banking (i) The Bills of Exchange Ordinance No.25 of 1927 and law relating to bills of exchange,

cheques and promissory notes

(ii) Banking Law

a. History of the Banking System b. Structure of the banking law and framework c. Issues relating to the ownership, corporate governance in banks

(iii) The law relating to Cheques and Negotiable Instruments

a. Legal aspects of cheques b. Crossings, negotiation, forgery

(iv) Relationship of Banker and Customer

a. Relationship between Banker and Customer b. Customers obligations c. Bankers obligations

(v) Bankers’ duty of confidentiality

(vi) Payment and collection of cheques

a. Liability of Banker for negligence b. Negligence in opening bank accounts c. Wrongful dishonour d. Position of the collecting banker and its right of liability

(vii) Recovery of money paid under mistake of fact and law

(viii) Remedies available to Bankers

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a. Right of lien b. Combination of accounts c. Parate Execution d. Debt Recovery Laws e. Injunction

H) Electronic Transactions Act, No. 19 of 2006 and Payment and Settlement Systems Act

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ANNEXURE XXIX FINAL YEAR SYLLABUS FOR

V CIVIL PROCEDURE I

A) The Objective of the Law of Civil Procedure

(i) Distinction between substantive law and Adjective law (ii) History of the Civil Procedure in Sri Lanka (iii) Amendments introduced to the Civil Procedure Code since 1977 (iv) The original Civil Jurisdiction

B) Chapter I of the Civil Procedure Code - Preliminary C) Chapter II of the Civil Procedure Code - Of Actions in General

D) Chapter III of the Civil Procedure Code – Of the Court of Institution of Action

(i) Section 9 – Jurisdiction (ii) Pecuniary Limitations (iii) Other Limitations

a. Jurisdiction of the “Commercial High Court” b. Arbitration Clauses c. Ouster Clauses d. Territorial Jurisdiction e. Actions to set aside orders made by Superior Courts f. Condition Precedent

(iv) Place of Institution of an Action a. Where the party defendant resides b. What is “Residence”? c. Residence of a body corporate - relevant cases

(v) Corporate entities as Defendants (vi) Where the land is situated (vii) Where the Cause of Action arose (viii) What is a Cause of Action

a. Denial of a right b. Failure to fulfil an obligation c. Neglect to perform a duty d. Infliction of an affirmative injury

(xi) Where the contract was entered into (x) Application for withdrawal and transfer of action (xi) Institution of action against non incorporated bodies (Section 16)

E) Chapter IV of the Civil Procedure Code – Of Parties and their Appearances, Applications and Acts

(i) Joinder of Plaintiffs

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(ii) Joint Tenants (iii) Substitution of Parties (iv) Joinder of Defendants (v) Substitution in cases where the right to sue continues (vi) Representative actions (vii) Consequences of mis-joinder (viii) Striking off and addition of parties

F) Chapter V of the Civil Procedure Code – Of Recognised Agents and Attorneys-at-Law

(i) Appearance by person or through an Attorney-at-Law (ii) Appointment of an Attorney (iii) Recognised Agents (iv) Duties of a Registered Attorney-at-Law (v) Distinction between the Counsel and the Instructing Attorney

G) Chapter VI of the Civil procedure Code – Of the Scope and Subject of Action

(i) Doctrine of Res Judicata (ii) Whole claim to be included (iii) Actions for Movable Property – Joinder (iv) Scope of section 36 of the Code (v) Scope of section 37 and 38 of the Code

H) Chapter VII of the Civil procedure Code - Mode of Institution of an Action

(i) Requirement of a valid plaint (ii) Land to be described (iii) Representative Character (iv) Liability of the Defendant (v) Rules relating to prescription (vi) Jurisdiction (vii) Rejection of plaint or the return of the plaint for amendment (viii) Stamping of plaint (ix) Plaint presented to wrong court

I) Chapter Viii of the Civil Procedure Code – Summons and Issues of summons

(i) Issue of Summons (ii) Service of Summons (iii) Personal service of Summons (iv) Proof of Service (v) Substituted Service (vi) General Provisions

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(vii) Service outside Sri Lanka

J) Chapters IX and X of the Civil Procedure Code – Filing of answer and Replication

(i) Admission or claim by the defendant and filing of answer (ii) Requirements of a valid Answer (iii) Claim in Reconvention (iv) Rejection or Amendment of Answer (v) Replication

K) Chapter XI of the Civil Procedure Code – Of fixing day of trial

(i) Fixing the case of trial

L) Chapter XII of the Civil Procedure Code – Of the consequences and cure (when

permissible) of default in pleading or appearing

(i) Default of the Defendant (ii) What constitutes an “Appearance”? (iii) Procedure of ex-parte trial (iv) Vacation of an ex-parte decree (v) Application to vacate ex-parte decree (vi) Non appearance of the plaintiff (vii) Section 88 of the Civil Procedure Code

M) Chapter XIII of the Civil Procedure Code – Of Motions and The Journal

(i) Introduction (ii) Postponements and time extensions

N) Chapter XV of the Civil Procedure Code – Of amendments of Pleadings

(i) Amendment of Pleadings and the distinction between an application for amendment before the date of trial and after

O) Chapter XVI of the Civil Procedure Code – Of the Discovery, Inspection, Production,

Impounding and Return of documents

(i) Interrogatories (ii) Admitting the genuineness of documents (iii) Discovery of Documents (vi) Inspection of documents (v) Pre –trial steps relating to documents

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(vi) The purpose of and intention of the legislature with regard to this chapter

P) Chapter XVII of the Civil Procedure Code – Of Witnesses and Documents

(i) List of witnesses and documents (ii) Computer generated evidence and evidence relating to contemporaneous audio and

video recordings (ii) Payment of witnesses expenses (iii) Requirements pertaining to summons (iv) Power of Court to call witnesses (v) Order of giving evidence (vi) General Provisions

Q) Chapter XVIII of the Civil Procedure Code – of Adjournments and of the Trial

(i) Adjournments (ii) Consequence of Non – appearance on the adjourned day

R) Chapter 19 of the Trial

(i) Admissions a. Admissions of fact b. Admissions of Law

(ii) Issues a. Issues, Need they be confined to pleadings?

(iii) Preliminary Issues (iv) Consequential Issues (v) Right to Begin (vi) Production of Evidence (vii) Tender of Documents in Evidence

a. Objections to Documents b. Evidence of the Adverse Party c. Questioning by the Court

(viii) Power of the Court to recall witnesses (ix) Requirements of an Oath or an Affirmation (x) Manner in which the evidence is to be taken down (xi) Role of the Judge whom the objection is raised to a question (xii) No witness to be called unless included in the list of witnesses and no document to

be permitted unless included in the list of documents. (xiii) Control of questions by Court (xiv) Evidence De Bene Esse (xv) Evidence of affidavit or commission (xvi) Affidavits (xvii) Administering the Oath

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(xviii) Affidavit in lieu of a party (xix) False statement in an Affidavit

S) Judgement and Decree

(i) Pronouncing of Judgement (ii) Signing of Judgement (iii) Requisite of a Judgement (iv) Decree (v) Amendment of Judgements and Decrees (vi) Types of Decrees and specific requirements

a. Immovable Property b. Movable Property c. Payment of Interest d. Specific Performance e. Payment of Instalments

(vii) Decrees are appealable

T) Admiralty Jurisdiction (i) Distinction between Actions in Personam and actions in rem (ii) Maritime claims (iii) Maritime liens (iv) Priority of claims (v) The power of the High Court of Sri Lanka to arrest a ship (vi) Forum Shopping

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ANNEXURE XXX FINAL YEAR SYLLABUS FOR VI A CIVIL PROCEDURE II

A) The law and procedure relating to injunctions

B) The law and procedure relating to matrimonial actions

C) The law and procedure relating to summary procedure

D) The law and procedure relating to summary procedure on liquid claims

E) The law and procedure relating to filing of actions by and against minors

F) The law and procedure relating to filing of actions by and against the State

G) The law relating to interim relief

H) The law relating to arrest and sequestration before judgement

I) The law and procedure with regard to filing of interlocutory appeals, final appeals, writ pending appeals and appeal notwithstanding lapse of time

J) The law and procedure with regard to revision applications

K) The law and procedure with regard to contempt of Court

L) The law and procedure relating to execution of judgments and decrees

M) The law relating to inherent powers of Court

N) The law and procedure relating to debt recovery under Act No. 2 of 1990

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ANNEXURE XXXI FINAL YEAR SYLLABUS FOR

VI B CIVIL PROCEDURE II (EXECUTORS & ADMINISTRATORS)

A) Testamentary Actions

(i) Steps to be taken before filing Application for Probate or Administration (ii) Appointment of Public Trustee

a. Duties of Public Trustee b. Requirements when Public Trustee applies for letters of administration c. Security

(iii) Grant of Letters of Administration (iv) Order nisi

a. Order nisi to direct probate b. Mode of application and proof for grant of administration in the absence of a will c. Absolute order nisi

(v) Procedure where a corporation is appointed executor under a will (vi) Caveat (vii) Inventory and Valuation (viii) Special and Limited Grant (ix) Administration pendente lite (x) Letters ad Colligenda (xi) Certificate of Heirship

B) Insolvent Testamentary Estate

(i) Application for Declaration that an Estate is Insolvent (ii) Appointment of Administrator by Court (iii) Powers and Obligations of Executors and Administrators (iv) Distribution of Insolvent Estate

C) Foreign Probates

(i) Sealing of Foreign Probates or Letters of Administration (ii) Security for Payment of Debts (iii) Liabilities of Executors and Administrators

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D) Supervision and Control of Executors and Administrators

(i) Proceedings to Discover Property Withheld (ii) Order to accompany Citation

a. Service of citation b. Failure to obey citation c. Examination of person cited

(iii) Warrant to Seize Property (iv) Petition by Creditor or Legatee to Compel Payment

E) Accounting and Settlement of the Estate

(i) Intermediate Account (ii) Failure to file an Account (iii) Discharge by court when Executor or Administrator have duly administered and

distributed the Estate. (v) Application for Accounting (vi) Prescription (vii) Effect of Judicial Settlement (viii) Decree for Payment and Distribution (ix) When money may be retained (x) Share of person of unsound mind or minor

F) Executors

(i) Probate (ii) Executor-de-son-tort (iii) Duties and Liablities of Executors (iv) Devastavit (v) Executors Conveyance


- E.B. Wickramanayake, “Civil Procedure in Ceylon” (1959)

- K.D.P. Wickramasinghe, “Civil Procedure in Ceylon”

- Mr. Wijedasa Rajapakse P.C., “Civil Procedure”

- Dudley Gunawardena, “Court Procedure & Practice in Testamentary Actions” (1970)

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ANNEXURE XXXII FINAL YEAR SYLLABUS FOR VII APPELLATE PROCEDURE

A) Procedure in respect of Provincial High Court of Civil Appeals (i) Leave to Appeal (ii) Final Appeal (iii) Revision / Restitutio in Integrum

B) Court of Appeal Appellate Procedure (i) Applications

a. Leave to appeal Applications b. Revision Applications c. Writ Applications

(ii) Appeals a. D.C. Final Appeals b. PHC Appeals c. Criminal Appeals (Criminal Court of Appeal) d. Other Appeals

1. Land Acquisition Board of Review (iii) Special Applications

a. Applications under Art. 143 b. Parliamentary Election Petitions

C) Supreme Court Appellate Procedure (i) Special Leave to Appeal Applications (ii) Leave to Appeal Applications (iii) Fundamental Rights Applications (iv) Special Applications

a. Writ Applications b. Special Determinations c. Presidential Election Petitions

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ANNEXURE XXXIII FINAL YEAR SYLLABUS FOR

VIII CONVEYANCING & LEGAL DOCUMENTATION A) What is Conveyancing? Who is a Conveyancer? B) Notaries Ordinance C) Registration of Documents Ordinance D) Prevention of Frauds Ordinance E) Prescription Ordinance F) Deeds (i) Formal parts (ii) Execution of Deeds – Capacity of Parties (iii) Examination of Title (iv) Deed of Transfer (v) Sale-Purchase Agreement (vi) Deed of Gift (vii) Last Will & Codicil (viii) Executor’s / Administrator’s Conveyance (ix) Deed of partition (x) Deed of Exchange (xi) Lease (xii) Mortgages (xiii) Deed of Declaration (xiv) Deed of Rectification (xv) Deed of Renunciation and/or Disclaimer (xvi) Deed of Ratification (xvii) Deed of Release and/or discharge and cancellation (xviii) Instrument of Disposition (xix) Deed of Postponement (xx) Partnership Agreement G) Apartment Ownership – Condominium Declaration

H) Registration of Title Act

I) Powers of Attorney - Register of written Authorities

J) General Power of Attorney

K) Special Power of Attorney

L) Company’s Articles of Association & execution by Corporate bodies

M) Stamp Duty

N) Land Measurements

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COMMERCIAL AGREEMENTS To pick up useful forms from Butterworth’s Encyclopaedia of Forms and Precedents including the following: 1. Organisation of Business Agreements including Management Contracts 2. Share Sale-Purchase Agreements 3. Joint Venture Agreements 4. Intellectual Property – License Agreements 5. Computer Contracts 6. Agency and Distribution Agreements 7. Franchise Agreements 8. Credit and Finance Agreements 9. Syndicate Agreements 10. Guarantees & Indemnities 11. Pensions and Annuity Contracts 12. Technology Transfer Agreements Note: At the meeting of the Sub-Committee on Commercial Laws held on 2nd November 2011: Mr. K. Neelakandan stated that Mr. Nihal Peiris, lecturer for Conveyancing, has requested that attendance be made compulsory for all students including Law Faculty students, since most students do not know the practical aspects of Notarial Practice.

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ANNEXURE XXXIV FINAL YEAR SYLLABUS FOR

IX A TRUST ACCOUNTS & BOOK KEEPING General Principles of Book- Keeping (a) Double Entry (b) Cash and Bank transactions (including reconciliation) A) Journal Entries (Accounts)

B) Debtor Control – Creditor Control Accounts

C) Trial Balance, Profit and Loss Account and Balance Sheet

D) Correction of Errors (Journal Entries)

E) Bank Reconciliation Statements

F) Solicitors Accounts

(i) Receipts & Payments Accounts (ii) Clients Ledger Accounts (iii) Income & Expenditure Accounts (iv) Balance Sheet

G) Estate Accounts Executors & Administrators Accounts (i) Estate Capital Accounts (ii) Estate Cash Book (iii) Distribution/ Beneficiary Accounts (iv) Estate Revenue Accounts

H) Accounting Ratios

I) Depreciation Accounts

H) Company Accounts (i) Issuing of shares (ii) Redemption of Shares (iii) Preparation of Company Accounts for the purpose of publication (iv) Accounts for winding up and Liquidation of Companies

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ANNEXURE XXXV FINAL YEAR SYLLABUS FOR IX B PROFESSIONAL ETHICS

A) Role of the lawyer, professional conduct,

B) Duty of the lawyer to the courts,

C) Duty to the clients,

D) Conflicting interests, negotiations with opposite party,

E) Advertising,

F) Candour and fairness,

G) Upholding the honour of the profession,

H) Pecuniary matters, fees for professional services,

I) Office routine

J) Legal foundation of professional ethics

(i) Constitution of Sri Lanka Articles 136 (i) (g) and (h), 169 (11) (12) and (13), 157 (A) (ii) Judicature Act No 2 of 1978 Sections 40, 41, 42, 43 and 44 (iii) Rules of the Supreme Court on Admission, Enrolment and Removal of Attorneys at

Law. Vide Gazette Extraordinary 9/10 of 8-11-1978 (iv) Rules of the Supreme Court (Conduct & Etiquette for AAL) Government Gazette

Extraordinary 7-12-1988 (v) Rules of the Supreme Court (The Attire of Judges and Attorneys) Government

Gazette Extraordinary 1/4 of 7-9-1978 (vi) Civil Procedure Code Chap. V Sections 24 to 30 (vii) Criminal Procedure Code Section 260 (viii) Evidence Ordinance Sections 126, 149, 150

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ANNEXURE XXXVI PROPOSED FOURTH YEAR SYLLABUS FOR

I SPECIALISED CRIMINAL STATUTES

Special Statutes pertaining to Criminal Law. Special emphasis to be made on the following legislation:

A) Electronic Transactions Act

B) Computer Crimes Act

C) Payment of Devices Frauds Act

D) Code of Criminal Procedures (Special Provisions) Act No. 42 of 2007

E) Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances Act

F) Marine Pollutions Prevention Act

G) Environmental Law and Regulations

H) National Authority on Tobacco and Alcohol Act

I) Financial Transactions Reporting Act No 6 of 2006

J) Prevention of Money Laundering Act, No 5 of 2006 (i) Need for Prevention of Money Laundering (ii) Modus operandi and classificatio (iii) Offence of Money Laundering (iv) Predicate offences (v) Covered entities (vi) Use of Attorneys-at Law and Notaries to commit money laundering (vii) Culpability of Attorneys and Notaries (viii) Investigating instances of alleged money laundering (ix) Statutory obligations on financial institutions and specified professionals (xi) Investigation (xi) Prosecution of persons who have committed money laundering (xii) Presumptions and inferences (xiii) Punishment and other remedies K) Convention on the Suppression of Terrorist Financing Act, No 25 of 2005 L) Offences pertaining to Bribery and Corruption Recommended Reading - G.L Peiris – General Principles of Criminal Liability in Ceylon. (Lake House Investments,

Colombo) - G.L Peiris – Offences under the Penal Code of Ceylon (Lake House Investments, Colombo)

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ANNEXURE XXXVII PROPOSED FOURTH YEAR SYLLABUS FOR

II CRIMINAL JUSTICE A) An introduction to Criminology and an overview of its application in contemporary

Criminal Justice (i) Definition of criminology (ii) Concept of crime and theories of criminology (iii) Nature and extent of various types of crime (iv) Crime patterns and trends (v) Relationships, culture, gender, age, ethnicity, and socio economic status (vi) Biological, psychological, and sociological explanations for criminal behaviour (vii) Adult criminal behaviour and juvenile delinquency (viii) Strategies for preventing and controlling crime (ix) Role of the State and the administration of justice B) Role of the State in defining, criminalizing, investigating and adjudicating crime (i) The role of the State in Criminal Justice (ii) Defining crime (iii) Definition of and distinction between actionable wrongs, crimes and offences (iv) Discretionary authority of the State in recognizing, defining and criminalizing certain

conduct (v) Stipulation and imposition of penal sanctions to crimes (vi) Prevention of crime and the role of law enforcement authorities (vii) Sovereign function and responsibility of the State in investigating crime (viii) Non-discharge of the duty to investigate and impunity (ix) Out sourcing prevention, detection and investigation of crime (x) Role of the State in designing and managing the administration of criminal justice (xi) Adjudication of crime C) Criminal Investigation (i) A general introduction to the conduct of criminal investigations (ii) Conduct of criminal investigations as regulated by the Code of Criminal Procedure Act (iii) Interview and recording of statements of victims of crime, witnesses and suspect (iv) Crime scene investigations (v) Use of Forensic Sciences in investigating crime (vi) Arrest, Search, Custody, Detention and Seizure (vii) Surveillance use of Decoys (viii) Entrapment (ix) Controlled Delivery

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C) Pre-trial Procedures (i) Initiation and Institution of criminal proceedings and pre-trial proceedings

a. Initiation of criminal proceedings in the Magistrates Court b. Conditions necessary for institution of criminal proceeding before Magistrate’s

Court including sanctions c. Institution of criminal proceedings in the Magistrates Court and High Court d. An overview of pre-trail (Non Summary) proceedings

(ii) Remand & Bail a. Purpose of Remand b. Entitlement to Bail c. Bail Pending investigations d. Bail pending and during trial e. Bail pending Appeal f. Provisions of the Bail Act g. Recent judicial pronouncements relating to bail h. The Bail Act in operation and its impact i. Types of Bail orders j. Bail for offences outside the scope of the Bail Act

(iii) Judicial recording of Statements including Confessions a. Recording of statements by Magistrates and the use of such statements b. Duties and functions of Magistrates when recording statements and

confessions c. Purposes for which such statements and confessions may be used d. Admissibility of Confessions and statements

D) Jurisdiction (i) Principles based on which jurisdictions of courts are designed : Territorial,

Nationality, Substantive (Thematic) (ii) Operation of jurisdictional principles in the Sri Lankan Criminal Justice System (iii) Extra-territorial jurisdiction (iv) Universal jurisdiction (v) State obligations to prosecute or extradite (vi) Statutory limitations to national prosecutions (vii) ne bis in idem or double jeopardy (viii) Principle of non-retroactivity (ix) Inter-state cooperation (x) Extradition (xi) Mutual legal assistance (xii) Transfer of proceedings (xiii) Enforcement of proceedings E) Trial Procedures (i) Special features of trials in the Magistrates Court and High Court (ii) Ensuring a Fair Trial (iii) Trials in absantia

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(iv) Jury option (vi) Special features relating to Trials-at Bar (vii) Effects of procedural irregularities relating to trials (those that are fatal and those

that are curable) (viii) Exercise of prosecutorial discretion at pre-trial and pending trial (ix) Nolle Prosequi (x) Withdrawal of indictments (xi) Early termination of the prosecution (xii) Suspension of the institution of criminal proceedings F) Judgments & other Judicial Orders (i) What is a judgment and what is a order (ii) Types of judgments (conviction, acquittal & discharge) (iii) Impact of a judgment (iv) Salient features of a judgment (v) Format of a judgment (vi) Role and responsibility of a judge when writing a judgment (vii) Procedure when aggrieved by a judgment or an order (viii) Effect of mis-directions and non-directions (ix) Prejudice to the Accused (x) Basis for quashing of the conviction based on errors in the judgment (acquittal and

re-trial) (xi) Sentencing options and scales of punishment

G) Punishment, Rehabilitation and Redress to Victims (i) Objectives of punishing offenders (Retribution, Deterrence, Incapacitation,

Rehabilitation) (ii) Methods of punishment (Penal Sanctions : Incarceration, Imprisonment, Suspended

Sentences and Binding Over Orders, Fines and Compensation, Probation and Community Service Orders)

(iii) Sentencing policy and objectives (iv) Methods of Rehabilitation and Correction (v) Impact of Rehabilitation and Correction (vi) Various schemes of rehabilitation (vii) Risk factors for criminal recidivism (viii) Re-integration of criminals to society (ix) Victims of crime (x) Balancing victims' rights with the rights of the accused : principle of fair trial

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ANNEXURE XXXVIII PROPOSED FOURTH YEAR SYLLABUS FOR

III CORPORATE LAW & REGULATION A) Overview of Financial System

(i) Constituents of financial system (ii) Significance, development and growth of financial and capital market in Sri Lanka (iii) Financial reforms and present scenario, regulatory authorities governing financial and

capital markets B) Capital Market

(i) An introduction, meaning and significance of capital market (ii) The Colombo Stock Exchange (iii) Capital market vis-à-vis money market (iv) Market players – investors and companies (v) Securities laws/regulatory framework governing Indian Capital Market (vi) An overview of international capital market C) Securities and Exchange Commission of Sri Lanka (SEC)

(i) The SEC Act (ii) Regulations and Rules made under the SEC Act (iii) The Takeovers and Mergers Code (iv) The offence of insider dealing and other offences under the SEC Act D) Financial Instruments (i) Capital market instruments – equity, debentures, preference shares, sweat equity

shares, non-voting shares (ii) New instruments of capital market – pure, hybrid and derivatives (iii) Money market instruments – treasury bills, commercial bills (iv) Certificate of deposits (v) New money market instruments

E) Primary Market

(i) Meaning, significance and scope; developments in primary market (ii) Various agencies and institutions involved in primary market (iii) role of intermediaries– merchant bankers, registrars, underwriters, bankers to issue,

portfolio managers, debenture-trustees, etc. – their rules, regulations and code of conduct framed by SEC

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F) Issue of Capital (i) SEC Guidelines for Disclosure and Investor Protection, detailed procedure for issue of

various types of shares and debentures including prospectus requirement and book building

G) Secondary Market (i) Meaning, significance, functions and scope of secondary market (ii) Secondary market intermediaries– stock brokers, sub-brokers, advisors, their rules,

regulations and rules made by SEC

H) Secondary Market Institutions (i) Stock exchanges, functions and significance of stock exchanges, their regulatory

framework and control (ii) Operations of stock exchanges (iii) Classification and listing of securities (iv) Market makers (v) Futures and options

I) Credit Rating and Evaluation of Risk (i) Concept, scope and significance; benefit to investors (ii) Regulatory framework; credit rating agencies in Sri Lanka, their process (iii) Rating methodologies for various instruments (iv) Evaluation of risk

J) Mutual Funds (i) Introduction (ii) Definitions (iii) Types (iv) Risks involved (v) Performance evaluation and SEC regulations for mutual funds K) Non-banking Finance Companies L) Depositories (i) Constitution, role and functions of depository (ii) Depository participants (iii) Issuers and registrars

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M) Regulation of Money Market (i) Growth of money market in Sri Lanka, its structure and institutional development; (ii) New money market instruments and framework of markets– call money market,

short term deposit market, treasury bill market, gilt edged securities market, regulatory authorities and regulations / guidelines governing money market

N) Investor Protection

(i) Meaning and significance of investor protection (ii) Regulatory measures to promote investor confidence

Q) Contemporary Issues and Developments

ANNEXURE XXXIX PROPOSED FOURTH YEAR SYLLABUS FOR

VII BANKING LAW & REGULATION A) Sri Lanka Banking System

(i) History of the Banking System (ii) Structure of the banking law and framework (iii) Laws relating to Banks and Bank Regulation (iv) Issues relating to ownership and corporate governance in banks B) The law relating to Cheques and Negotiable Instruments

(i) Legal aspects of cheques (ii) Crossings, negotiation, forgery (iii) Negligence in opening bank accounts (iv) Liability of Banker for negligence (v) Dishonour (vi) Position of the collecting banker and its right of liability

C) Relationship of Banker and Customer (i) Relationship between Banker and Customer (ii) Customers obligations (iii) Securities including valuation, modes such as lien, pledge, mortgage,

hypothecation etc – registration of firms/companies – creation of charge and satisfaction of charge

(iv) Bankers obligations (v) Responsibility of paying /collecting banker (vi) Indemnities/guarantees obligations of a banker (vii) Discounting of Bills of Exchange (viii) Bills of Lading

D) Bankers’ duty of confidentiality

F) Recovery of money paid under mistake of fact and law

G) Remedies available to Bankers

(i) Right of lien (ii) Combination of accounts (iii) Parate Execution (iv) Debt Recovery Laws (v) Injunction

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H) Reporting of Suspect Transactions and Money Laundering Act

(i) Know Your Customer obligation (ii) Financial Transactions Reporting Act No 6 of 2006 (iii) Convention on the Suppression of Terrorist Financing Act, No 25 of 2005 (iv) Prevention of Money Laundering Act No 5 of 2006

I) Money Laundering

(i) Need for Prevention of Money Laundering (ii) Methodologies of Money Laundering & types (iii) Consequences of Money Laundering (iv) Offence of Money Laundering (v) Prevention of Money Laundering Act (vi) Predicate offences (vii) Covered entities (viii) Use of Attorneys-at Law and Notaries to commit money laundering (ix) Culpability of such Attorneys and Notaries (x) Investigating instances of alleged money laundering (xi) Financial Transaction Reporting Act (xii) Statutory obligations on financial institutions and specified professionals (xiii) Investigation (xiv) Prosecution of persons who have committed money laundering (xv) Presumptions and inferences (xvi) Punishment

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ANNEXURE XL PROPOSED FOURTH YEAR SYLLABUS FOR

V ALTERNATE DISPUTE RESOLUTION A) Dispute Resolution (i) An introduction to ‘Alternate Dispute Resolution’, with special attention to the

meaning of terms such as ‘dispute’ and ‘conflict’ the array of dispute resolution mechanisms ranging from ‘flight’ to ‘fight’

(ii) A general overview of peaceful interactive mechanisms of dispute resolution – ‘Negotiation’, ‘Facilitated Negotiation’, ‘Mediation’, ‘Conciliation’, ‘Arbitration’ and ‘Adjudication’ and the concept of party autonomy in each of these mechanisms

(iii) Comparison with Industrial Disputes Act procedures B) Negotiation (i) Introduction to negotiation as a method of dispute resolution with emphasis on the

importance of negotiations as an ADR mechanism, (ii) Understanding disputes to select the best method of ADR, (iii) Theory and practice of negotiations and practical aspects of negotiation C) Mediation (i) A detailed study of ‘mediation’ as a peaceful mechanism of dispute resolution with

concentration on the agreement to mediate, the selection of a Mediator, the anatomy of the process of Mediation, its outcome and sustainability

(ii) A comparative analysis of ‘Mediation’ and ‘Adjudication’ (iii) Commercial Mediation in Sri Lanka (iv) Mediation Clauses in International Trade Agreements (iv) International Commercial Mediation & role of MEGA D) Introduction to Arbitration (i) Characteristics of Arbitration and its comparison with other forms of dispute

resolution such as Mediation (ii) The consensual nature of arbitration and concept of “party autonomy” (iii) The agreement to arbitrate and the formulation of the Arbitral Clause / Submission

Agreement with special reference to the validity thereof (iv) The doctrine of severability (v) Multi-party arbitrations

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E) Characteristics of International Commercial Arbitration (i) Meaning of “international”, “commercial” and “arbitration” (ii) Domestic vs. international arbitration (iii) Classification of arbitration as ad hoc, arbitration institutions and institutional rules (iv) Salient features of arbitration F) The Law and the Courts (i) Relevance of law in arbitration proceedings (ii) The role played by courts in relation to arbitration (iii) Implementing the agreement to arbitrate / anti-suit injunctions (iv) Grant of interim injunctions

G) Competence, Impartiality and Independence of Arbitrators (i) Competence (ii) Independence / impartiality (iii) Duty to disclose (iv) Professional relationship (v) Nationality (vi) Communication with parties (vii) Grounds and process for challenge (viii) Waiver (ix) Filling of vacancies H) Setting Aside and Enforcement of Arbitral Awards (i) Setting aside of awards (ii) Grounds for setting aside (iii) Enforcement of local awards (iv) New York Convention for the recognition and enforcement of arbitral awards (v) Enforcement of foreign awards (vi) Enforcement of interim measures (vii) Procedure for setting aside and enforcement (viii) Arbitrability and public policy

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ANNEXURE XLI PROPOSED FOURTH YEAR SYLLABUS FOR

VI INFORMATIION TECHNOLOGY LAW

A) Meaning and scope of Information Technology Law (i) Recent Developments in Technology – the internet and other forms of modern

communication (ii) Importance of “information” in modern society (iii) Transformation from a paper based society to an electronic society (iv) Legislation facilitating the transformation including the Evidence (special provisions) Act

of 1995, the Information and Communication Act of 2003, the Payment and Settlement system Act of 2005, the Electronic Transactions Act of 2006, the Payment Devices Frauds Act of 2006 and the Computer Crimes Act 2007

(v) How modern technology impinges on personal privacy B) The Internet and the Protection of Copyright and other IPR (i) Protection of computer software (ii) Protection of copyright of literary, artistic or scientific work on the internet (iii) Issues relating to licensing (iv) Upload, transmission and access of content (v) Types of Caching (vi) Liability of Website Authors, Browsers, Search Engines and Internet Service Providers (vii) Domain Names (viii) Cyber-squatting (ix) Defences in Infringement actions (x) Direct, Contributory and Vicarious Liability C) The Electronic Transactions Act No 19 of 2006 (i) Provisions dealing with the requirements of ‘writing’ and ‘signatures’ and the facilitation

of electronic transactions (ii) Electronic and Digital Signatures (ii) Online contracting and e-commerce (iii) e-governance (iv) Licensing and regulation of service providers (vi) Data protection and aspects of privacy D) Electronic Evidence (i) Admissibility and reliability of electronic documents and evidence (ii) Distinction between an original and a copy of a document (iii) Relevance of the Hearsay Rule (iv) The Evidence (Special Provisions) Act of 1995

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(v) The Electronic Transactions Act of 2006 (vi) Is the Dual Evidentiary Regime Necessary or Desirable? (vii) Computer Forensics E) Facing the Challenge of Cybercrime (i) Nature and status in contemporary society of Computers and the Internet and other

cyber activity (ii) Overview of Cyber and Computer Crimes including computer related crimes, content

related crimes and computer integrity related crimes (iii) Technological Aspects relating to access to computers and “hacking” (iv) The Computer Crimes Act of 2007 (v) Electronic Money (vi) Basle Core Principles for Systemically Important Payment Systems (vii)The Payment and Settlement system Act of 2005 (viii)Technological Aspects relating to the Payment and Settlement System of the Central

Bank of Sri Lanka (ix) Types of Fraud on the Internet (x) Understanding Credit Card Payments (xi) The Payment Devices Frauds Act of 2006 (xiii)Defences commonly taken in Cybercrime cases (xii) Issues involving investigation of computer and cyber crimes (ix) Challenges relating to law enforcement, prevention and detection computer and cyber

crimes F) Jurisdictional Issues arising from Electronic Transactions (i) Concept of Jurisdiction (ii) Jurisdiction in Civil and Criminal Cases (iii) Choice of Law (iv) Minimum Contacts (v) Cyberspace and Internet Jurisdiction (vi) Electronic Mail Transactions (vi) Advertising on the Web (vii)Active v Passive Websites (viii)Dealing with Jurisdictional Issues and the Need for a New System G) Issues of Morality, Privacy and Censorship arising from Cyberspace (i) Defamation and Free Speech (ii) Pornography and Obscenity (iii)Subversive Information (iv)Limitations on National Enforcement (v) The jus cogens principle (vi)Invasions of Privacy (vii)Need for Protection of Privacy and personal data

ANNEXURE XLII

INSTITUTE OF ADVANCED LEGAL STUDIES OF THE

INCORPORATED COUNCIL OF LEGAL EDUCATION, SRI LANKA

LL.M. in International Trade Law Module I - International Sale of Goods Module Leader Justice Saleem Marsoof, President’s Counsel

Judge of the Supreme Court Teaching Team Justice Saleem Marsoof, PC

Mrs. Farzana Jameel, DSG Level M Credits 15 Credits Pre-requisites Have to be registered to follow the LLM

programme. Co-requisites None Awards for which the Module is a requirement

Compulsory

Aims of the Module (i) To develop an in-depth awareness and understanding of the principles of sale of goods as they are applied in the context of international trade, to introduce students to the range of international sale of goods contracts, eg CIF and FOB, and also to INCOTERMS, which seeks to overcome ambiguities and uncertainties in contracts of sale of goods.

(ii) To enable students to apply the law in the broader international trade context, and in particular focusing on attempts to unify the law through instruments such as the UN Convention on International Sale of Goods (Vienna Convention).

Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately forty-five minutes each to answer a question. The question paper will contain eight questions in two parts. The first

part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and forty percent (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy The module will be delivered in Eight (8) Lectures of two (2) hours duration and eight (8) workshops of two (2) hours duration. Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : Atiyah, Sale of Goods : Pitman; Bradgate, Commercial Law : Butterworths; L S Sealy and R J A Hooley, Commercial Law: Text, Cases and Materials : Butterworths; L D’Arcy, C Murray, B Cleve, Schmitthoff’s Export Trade: The Law and Practice of International Trade : Sweet & Maxwell;

Additional material : D.M.Sassoon, CIF and FOB Contracts : Sweet and Maxwell; G. Moens and P Gillies, International Trade and Business Law, Policy and Ethics : Cavendish; A. Kaczorowska, International Trade Conventions and Their Effectiveness, Present and Future : Kluwer Law International; David M Sassoon, Cif and Fob Contracts : Sweet & Maxwell; Paul Todd, Cases and Materials on International Trade Law : Sweet & Maxwell; Marasinghe L, Principles of International Trade Law : Butterworths; Chuah, The Law of International Trade: 2nd Edition: Sweet & Maxwell, 2001; Sellman & Evans, International Trade: 2nd Edition: Old Bailey Press, 2002; Goode, Commercial Law: 2nd Edition: Penguin Press, 1995; Clarkson & Hill, Jaffey’s Conflict of Laws: Butterworths, 2003; Sealy & Hooley, Commercial Law: Cases & Materials: 2nd Edition: Butterworths, 1999; Wild, 150 Leading Cases: Conflict of Laws: 1st Edition: Old Bailey Press, 2003; McClean, Morris: The Conflict of Laws: 5th Edition: Sweet & Maxwell, 2000; D’Arcy, Murray, et al, Schmitthoff’s Export Trade: 10th Edition: Sweet & Maxwell, 2000; Carr, Principles of International Trade Law: 2nd Edition: Cavendish, 1999. Module II - International Business Transactions Module Leader Mr. Arjuna Obeysekera, DSG Teaching Team Mr. Arjuna Obeysekera, DSG

Justice Saleem Marsoof, PC Level M Credits 15 Credits Pre-requisites Have to be registered to follow the LLM programme Co-requisites None Awards for which the Module is a requirement

Compulsory

Aims of the Module (i) To provide students with an overall understanding of the several dimensions of international trade transactions, its nature and types. (ii) To assist students to understand various types of contracts associated with the supply of goods and services, their implied conditions. To facilitate students to develop skills to draft new contracts relating to international business transactions and to analyse existing contracts, in the backdrop of relevant legislation such as the laws relating to consumer credit, hire-purchase, finance leasing, and unfair contract terms.

(iii) To provide students with an overview relating legal provisions and regulatory mechanisms relating to exports from Sri Lanka, including provisions of the law relating to exchange control, control of exports and the customs law. (iv) To provide a detailed examination of the law relating to foreign investment in Sri Lanka, the regulatory structure relating to investment in Sri Lanka and an understanding regarding the functioning of the Board of Investment. (v) To enable students to develop an understanding regarding the American, UK and EU legal frameworks relating to competition and anti-trust and to understand the relevant position in Sri Lanka. (vi) To provide an understanding regarding the laws applicable relating to foreign investments by Sri Lankan companies. (vii) To provide students with an understanding relating to legal issues arising out of electronic international business transactions. (viii) To provide an overview of the salient aspects of an international trade agreements.

Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately fourty five minutes each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks.

In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty percent (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy The module will be delivered in the following manner : Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : M J Bonell, An International Restatement of Contract Law, The UNIDROIT Principles of International Commercial Contracts, 2nd edition, Ardsley, NY: Transnational Publishers, Inc, 1999. The Creeping Codification of the Lex Mercatoria, The Hague: Kluwer, 1999 G Moens and P Gillies, International Trade and Business: Law, Policy and Ethics, Cavendish, 1998 Additional material : M Vranken, Fundamentals of European Civil Law, Blackstone, 1997 A Kaczorowska, International Trade Conventions. Their Effectiveness. Present and Future, The Hague: Kluwer, 1996 M Raisch and R I Shaffer, Introduction to Transnational Legal Transactions, Dobbs Ferry, NY: Oceana Publications, Inc, 1995. Module III - Financing International Trade Contracts Module Code PI-03 Module Leader Dr. Harsha Cabral, PC Teaching Team Dr. Harsha Cabral, PC

Mr. Arjuna Obeysekera, DSG Level M Credits 15 Pre-requisites Have to be registered to follow the LLM


Compulsory

Aims of the Module (i) To enable the student to gain an in-depth knowledge & understanding on the financing aspect of international trade contracts.

(ii) To enable the student to know the different types of financing mechanisms available for international trade contracts.

(iii) To enable the student to acquire a through knowledge on documentary credits & its intricacies.

Synopsis of the Module content I Introduction

Contract of sale; sale of goods. II Principles of contracts

Definitions; agreement-contract; capacity; form; consideration; reality of consent; legality of object; conditions & warranties; exemption clauses; termination; remedies for breach.

III International trade contracts

Introduction; when to pay/ where to pay/ how to pay(mode)/ what currency; INCOTERMS; CIF / FOB / FREE ON BOARD / EX-SHIP ETC.; obligations of the seller; duties of the buyer.

IV The role of the banks & Methods of finance

a) Correspondent bank, issuing bank; b) Methods of finance.

V Bills of exchange

Definition; acceptance; acceptance for honour; negotiation; indorsements; blank indorsement; special indorsement; conditional indorsement; restrictive indorsement; holder in due course; valuable consideration; payment; presentment for payment may be dispensed with; notice of dishonour; payment for honour; liability of parties; discharge of the bill.

VI Documentary credits -letters of credit

The parties; revocable/ irrevocable credits; sight(payment)/ acceptance –DP / DA terms; straight/ negotiable credits; transferable credits; back to back credits; red clause credits; revolving credits; standby or guarantee credits; the mandate; the documents (invoice/ transport/ insurance/ others); doctrine of strict compliance; rejection; autonomy of irrevocable credits; fraud rule; remedies.

VII UCP 600

The uniform customs & practice for documentary credits (UCP); the parties; types of credit; the mandate; taking up the sellers’ document; the autonomy of irrevocable credits; short-circuiting the credit; remedies & procedural issues.

VIII Bank guarantees & Leasing/ Factoring/ Countertrade Etc

a) Bankers guarantees & performance bonds; bank guarantees & injunctions; case law in Sri Lanka; case law in England.

b) International finance leasing; international factoring; UNIDROIT Convention; principles of forfeiting; contracts of sale / barter / different types.

Learning Outcomes Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of four hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately one hour each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty (40%) of the marks will be given for the course work assignment.

Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : Scmitthoff’s Export Trade; Judith Evans, Law of International Trade : Old Bailey Press; Jason Chuah, Law of International Trade : Sweet & Maxwell; Pryles, Waincymer & Davies, International Trade Law, Commentary & Materials; Cheshire, Fifoot & Furmston’s Law of Contract : Furmston; Additional material : C. G. Weeramanthry, Law of Contract; Charlesworth’s Business Law : Sweet & Maxwell; Benjamin’s Sale of Goods : Sweet & Maxwell; Atiyah, Adams & Macqueen, The Sale of Goods : Taxmann; Jack, Malek & Guest, Documentary Credits : Butterworths; Ventris, Banker’s Documentary Credits : Lloyd’s of London Press; Todd, Bills of Lading & Banker’s Documentary Credits : LLP; Byless on Bills of Exchange : Sweet & Maxwell; Paget’s Law of Banking : Butterworth; Tannan’s Banking : India Law House; Holden, The Law & Practice of Banking; W. S. Weerasooriya, Banks & Banking Law of Sri Lanka; W. S. Weerasooriya, Banking & Cheque Law in Sri Lanka (Cases & Commentary); W. S. Weerasooriya, The Financial System, Banking & Cheque Law in Sri Lanka; Wijeyadasa Rajapakshe, Practice & Law of Banking; K. Karuppiah, Lease Finance.

Module IV - International Economic Law Module Leader Mr. Janak De Silva, DSG Teaching Team Mr. Janak De Silva, DSG

Mrs. Shaheeda Barie, SC Level M Credits 15 Pre-requisites Have to be registered to follow the LLM

programme Co-requisites None Awards for which the Module is a requirement

Compulsory

Aims of the Module This module is designed to develop an awareness and understanding of the rules of the World Trade Organization to assist the students in taking a holistic approach to an international sales transaction. Students successfully completing this module will be able to • Demonstrate an understanding of why

particular institutions were created at a particular time.

• Analyse and apply the legal and administrative procedures for the operation of the various institutions.

• Evaluate the differences between the regional and global approach in the creation of institutions.

• Analyse the degree of integration as between the regional and global organisations.

Synopsis of the Module content - Bilaterialism and multilaterialism. - Causes of and attempted solutions to balance of payments problems. - Distinction between programme and project planning. - Organisations oriented towards expanding trade: International Trade Organisation;

United Nations Conference on Trade and Development; European Union; North American Free Trade Association, Latin American Free Trade Organisation, WTO

- The IMF, UNCITRAL, UNIDO, WIPO, and the ILO Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately fourty five minutes each

to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty percent (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : Bowett, Law of International Institutions, Sweet & Maxwell, 2001 Schermers and Bloker, International Institutional Law, Martinus Nijoff Publishers, 2000 Amerasinghe, Principles of the Institutional Law of International Organisations, Cambridge University Press. 2000 Reuter, International Institutional Law, Kegan Paul International, 2000 Ray August, International Business Law, Harper Collins, 2001

Additional material : Andreas Lowenfield, International Economic Law, Oxford University Press, 2001 Dr Asif Qureshi, International Economic Law, Sweet & Maxwell Scott, Wellons, International Finance: Transactions, Policy and Regulation, Sweet & Maxwell, 2001 Steiner, Vagts and Hongju Transnational Legal Problems, Sweet & Maxwell, 1999 Module V - International Carriage of Goods Module Leader Mr. J.M. Swaminathan, AAL Teaching Team Mr. J.M. Swaminathan, AAL

Mr. Uditha Egalahewa Level M Credits 15 Pre-requisites Have to be registered to follow the LLM


Compulsory

Aims of the Module To provide students with a detailed understanding regarding the following : I International Carriage of Goods by Sea II Voyage Charter party III Bills of lading IV Application of Hague and Hague Visby Rules V UK Carriage of Goods by Sea Act 1971 VI Hamburg Rules and comparison with

Hague and Hague Visby rules VII Effects of Bills of Lading on Third Parties,

Agency and implied contracts; VIII Carriage of Goods by Air

Synopsis of the Module content I International Carriage of Goods by Sea -

a) Nature of charter parties (voyage, time, demise and hybrid charter) b) Nature of bills of lading; c) Contract of affreightment and its importance for modern shipping, carriers liability at common law, exception clauses, burden of proof.

II Voyage Charter party a. Obligations of the ship owner, implied obligation of seaworthiness (nature of

obligation, burden of proof, effect of breach), implied obligation that the vessel will sail on the voyage with reasonable speed, implied obligation that

the vessel shall not deviate from the agreed routes and justification for deviation, liberty clauses and effect of breach ;

b. Obligation of charterer not to ship dangerous goods and to nominate a safe port; c. Time charter party (implied obligation of ship owner and obligation of a charterer

to provide a safe port). III Bills of lading

Historical introduction to Bills of lading, Bill of lading as a contract, Bill of lading as a receipt, Quantity and quality clauses, Way bills, Straight bills, Electronic bills of lading including the Atlantic container line data freight system, electronic data exchange system and the bolero system; charter parties and their relationship with bills of lading.

IV Application of Hague and Hague Visby Rules

Types of cargo covered and excluded; period of coverage; duties and immunities of carriers; incorporation of Hague Visby rules in charter parties.

V UK Carriage of Goods by Sea Act 1971 Incorporation of Rules to other documents; contracting out of rules; carriers duties and defences and other provisions of the Act.

VI Hamburg Rules and comparison with Hague and Hague Visby rules VII Effects of Bills of Lading on Third Parties, Agency and implied contracts; vicarious

immunities; bailment; Himalaya clauses; estoppel and other devices; contracts (rights of third parties Act). Combined Transport and through bills ; Delivery on forged documents; delivery against letters of indemnity; consequences of wrongful delivery; switch bills.

VIII Carriage of Goods by Air History, Basic System of Liability, Persons who could claim and carriers who could be sued, various regimes , Warsaw Convention and Amended Warsaw Convention, Non-Convention carriage. Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of four hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately one hour each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit

within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : John Wilson, Carriage of Goods by Sea, 6th Edition : Pearson, 2008; Jason Chua, International Trade Law, 3rd Edition : Sweet and Maxwell, 2005; Lakshman Marasinghe, International Trade Law : Butterworths Asia; Stephen Girvin, Carriage of Goods by Sea : Oxford University Press, 2007; Richard Aikens, Bills of Lading : Informa, 2006; Additional material : Hughes Case Book, Carriage of Goods by Sea, 2nd Edition : Blackston; Martin Dockray, Carriage of Goods by Sea Act Cases and Material : Cavendish; Indra Carr, International Trade Law, 3rd Edition : Cavendish. Carver Bills of Lading Treitel and Reynolds Sweet and Maxwell Shawcros and Beaumont Air Law 4th Edition

Module VI - International Trade Insurance Module Leader Mr. Uditha Egalahewa Teaching Team Mr. Uditha Egalahewa, AAL

Mr. J.M. Swaminathan, AAL Level M Credits 15 Pre-requisites Have to be registered to follow the LLM


Compulsory

Aims of the Module

This module is designed to enable students to understand the following areas of law relating to international trade insurance :

1. The history of Marine Insurance and the law applicable in Sri Lanka;

2. The introduction of English Law in Insurance and all maritime matters by the Civil Law Ordinance of 1852;

3. The Marine Insurance Act of 1906 (UK) and its applicability to International Trade;

4. Principles of Insurance Law and Marine Insurance law;

5. Cargo and Hull insurance; 6. Claims and claims procedure; 7. To allow students to understand the basis

for choice of a particular type of policy, considering the risks likely to be encountered on a particular voyage.

Synopsis of the Module content I Introduction to Marine Insurance

a) History of Marine Insurance; b) Law relating to Insurance in Sri Lanka.

II General Principles a) General principles of insurance as applied to marine insurance; b) The relationship between the parties to the contract of insurance.

III Uberrimaz fidei a) The duty of utmost good faith; b) Double Insurance and Abandonment.

IV Risk & subrogation a) Marine risks and causation; b) Subrogation.

V Aspects of insurer’s liability a) Optional clauses;

b) Insured perils and exclusions. VI General Average VII Claims procedure and Third Party Claims. VIII Assignment & re-insurance

a) Assignment and Mortgagee’s interest; b) Re-insurance.

Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately fourty five minutes each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty percent (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours

Key Texts & Resources Core texts : Howard Bennett, The Law of Marine Insurance, 2nd Edition : Oxford University Press, Oxford, 2006; Susan Hodges, Law of Marine Insurance : Cavendish Publishing Ltd. 2000; Susan Hodges, Cases and Material on Marine Insurance Law : Cavendish Publishing Lit, 2003; D’Arcy & Murray, Schmitthoff’s Export Trade: The Law & Practice on International Trade : Sweet & Maxwell 10th ed, 2000; Chuah, Law of International Trade, 3rd ed.: Sweet & Maxwell, 2005; Additional material : Birds & Hird, Birds’ Modern Insurance Law, 6th ed : Sweet & Maxwell, 2004. Donald O’ May, O’ May on Marine Insurance – Law and Policy; Hardy Ivamy, Chalmer’s Marine Insurance Act 1906; Hardy Ivamy, Law of Marine Insurance; Rhidien Thomas, The Modern Law of Marine Insurance. Module VII - Conflict of Laws Module Leader Mrs. Shaheeda Barrie, SC Teaching Team Mrs. Shaheeda Barrie, SC

Mr. Rajiv Goonathileka, SC Level M Credits 15 Pre-requisites Have to be registered to follow the LLM

programme Co-requisites None Awards for which the Module is a requirement

Compulsory

Aims of the Module To explore the significance of Conflicts of Law for international trade transactions; To understand the conflicts in law that may arise between parties in different jurisdictions on a breach of a contract; To examine the issue of 'forum shopping'; To comprehensively examine the common law rules on conflicts of law including:

a. jurisdiction; b. choice of law in contract as well as tort and

restitution where relevant; c. related topics such as proof of foreign

law, special conceptual problems, substance v. procedure, time factor etc;

d. recognition and enforcement of foreign

judgments.

To examine the Brussels 1 regulation, the Rome Convention and other EU provisions where relevant; To equip student to understand and critically analyse the areas covered.

Synopsis of the Module content I Introduction to Conflict of Law

Familiarization of the key topics and setting out module plan; significance of conflicts of law for international trade transactions; the issue of 'forum shopping'; the conflicts in law that may arise between parties in different jurisdictions on a breach of a contract.

II & III Jurisdiction

Common law; general principles; the meaning of jurisdiction; submission to jurisdiction; granting of leave under CPR; and connected areas; civil jurisdiction and judgment act and Brussels 1 regulation; forum convenience; restraint of foreign proceedings; enforcement of choice of forum clauses; stay of proceeding in case of choice of forum clauses; lis alibi pendens.

IV & V Choice of law in contract

Common law approach; the Rome Convention; nandatory rules; applicability of the unfair contract terms act; effect of measures for the unification of the law of international sales; comparison with choice of law rules applied in US courts.

VI Choice of law in mixed questions: Contract, tort and Restitution

Common law; private international law (miscellaneous provisions) act 1995; mixed questions – contract and tort; mixed questions – contract and restitution.

VII Related issues

Proof of foreign law; when courts may refuse to apply the foreign law; evasion of law; characterisation / classification; renvoi; substance v. procedure; sovereign and diplomatic immunity.

VIII Recognition and enforcement of foreign judgments in civil and commercial matters

Recognition distinct from enforcement; common law; statutory provisions; EU regime.

Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty

minutes to read and understand the questions) and approximately fourty five minutes each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty percent (40%) of the marks will be given for the course work assignment. Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : Dicey and Morris, The Conflict of Laws; Briggs and Rees, Civil Jurisdiction and Judgments; Jacob, Private International Litigation; Additional material : Plender and Wilderspin, The European Contracts Convention; Butterworths International Litigation Handbook; Carel J.H. Baron Van Lynden (ed), Forum Shopping, LLP;

Marielle Koppenol-Laforce, et al., International Contracts: Aspects of Jurisdiction, Arbitration and Private International Law : Sweet & Maxwell; Morris, The Conflict of Laws : Sweet & Maxwell; Cheshire & North, Private International Law; Briggs, The Conflict of Laws. Kahn-Freund, General Problems of Private Int. Law; North, Private International Law Problems; Collins, Essays in International Litigation; Cook, Logical and Legal Bases of the Conflict of Laws; Currie, Selected Essays on the Conflict of Laws; Cavers, The Choice of Law Process; Cavers, The Conflict of Laws, Selected Essays; Falconbridge, Essays on the Conflict of Laws; American Law Inst., Restatement, 2d, Conflict of Laws. Module VIII - International Trade Dispute Resolution Module Leader Justice Saleem Marsoof, PC Teaching Team Justice Saleem Marsoof, PC

Mr. Yasantha Kodagoda, DSG Mr. Harsha Fernando, AAL

Level M Credits 15 Pre-requisites Have to be registered to follow the LLM


Compulsory

Aims of the Module (i) To develop an in-depth awareness and understanding of the principles of alternate dispute resolution as practised by those in the relevant fields, to introduce students to the range of methods of alternate dispute resolution, and also to international commercial arbitration, which is the most popular method of dispute resolution in the arena of international trade.

(ii) To enable students to apply the law in the broader international trade context, and understand the law and practice in the field.

Synopsis of the Module content

I Dispute Resolution – An introduction to ‘Commercial Dispute Resolution’, with special attention to the meaning of terms such as ‘dispute’ and ‘conflict’ the array of dispute resolution mechanisms ranging from ‘flight’ to ‘fight’. A general overview of peaceful interactive mechanisms of dispute resolution – ‘Negotiation’, ‘Facilitated Negotiation’, ‘Mediation’, ‘Conciliation’, ‘Arbitration’ and ‘Adjudication’ and the concept of party autonomy in each of these mechanisms.

II Negotiation

Introduction to negotiation as a method of commercial dispute resolution with emphasis on the importance of negotiations as an ADR mechanism, understanding disputes to select the best method of ADR, theory and practice of negotiations and practical aspects of negotiation in the context of resolution of international trade disputes.

III Mediation A detailed study of ‘mediation’ as a peaceful mechanism of dispute resolution with concentration on the agreement to mediate, the selection of a Mediator, the anatomy of the process of Mediation, its outcome and sustainability. A comparative analysis of ‘Mediation’ and ‘Adjudication’ (relative merits and de-merits); Commercial Mediation in Sri Lanka; Mediation Clauses in International Trade Agreements and International Commercial Mediation.

IV Introduction to Arbitration

Characteristics of Arbitration and its comparison with other forms of dispute resolution such as Mediation. The consensual nature of arbitration and concept of “party autonomy”; the agreement to arbitrate and the formulation of the Arbitral Clause / Submission Agreement with special reference to the validity thereof; Guidelines for drafting of arbitral clause / submission agreement; formal validity; capacity of parties; requirement of define legal relationship; arbitrability; the doctrine of severability; and multi-party arbitrations.

V Characteristics of International Commercial Arbitration

Meaning of “international”, “commercial” and “arbitration”; domestic vs. international arbitration; arbitration vs. litigation; advantages and disadvantages of arbitration vis-à-vis litigation; classification of arbitration as ad hoc, arbitration institutions and institutional rules; salient features of arbitration: (a) the implementation of the arbitration agreement; (b) enforcement of the arbitration agreement; (c) the choice of arbitrators; (d) the conduct of arbitration proceedings; and (e) the making of the arbitral award.

VI The Law and the Courts

a) Relevance of law in arbitration proceedings; the law applicable to the determination of substantive rights and duties of the parties; the law applicable to the arbitration agreement; the law applicable to the arbitration proceedings; the importance of the seat of arbitration; proof of foreign law.

b) The role played by courts in relation to arbitration; the non-interventionist approach; judicial perception of the arbitral process; the role of courts in constituting arbitral tribunals; the role of courts in implementing the agreement to arbitrate / anti-suit injunctions; and the role of courts in the grant of interim injunctions.

VII Competence, Impartiality and Independence of Arbitrators

Competence; independence / impartiality; duty to disclose; professional relationship; nationality; communication with parties; grounds and process for challenge; waiver; filling of vacancies.

VIII Setting Aside and Enforcement of Arbitral Awards

Setting aside of awards; grounds for setting aside; enforcement of local awards; New York Convention for the recognition and enforcement of arbitral awards; enforcement of foreign awards; enforcement of interim measures; procedure for setting aside and enforcement; Arbitrability and public policy.

Assessment Strategy The student will be assessed by a written examination and by course work. The written examination will be of three hours and twenty minutes duration (with twenty minutes to read and understand the questions) and approximately fourty five minutes each to answer a question. The question paper will contain eight questions in two parts. The first part will contain four essay type questions requiring the student to state his knowledge regarding specific theoretical issues and include therein a commentary and analysis or critique of the status of the law. The second part will also contain four questions aimed requiring the student to apply his knowledge in the context of a problem. The student will be required to answer any two (2) questions from each part, totalling to four (4) questions. All questions will initially be marked out of one hundred (100) and thereafter the total marks for the paper will be calculated out of one hundred (100). The student will be permitted to take into the examination hall and refer to legal texts pertaining to the module. For the course work assignment, the student will be given a question to answer and submit within thirty days. When answering the student will have to engage in detailed literature review and prepare well referenced, essay type answer of seven thousand five hundred (5,000) words, excluding footnotes. It will be necessary for the student to engage in critical evaluation of the given legal issue and write a detailed commentary containing his detailed knowledge of the relevant area of law and illustrating his ability to engage in advanced academic analysis. The course work assignment will be marked out of one hundred (100) marks. In the final computation of marks for the module, sixty percent (60%) of the marks would be given for performance at the written examination, and fourty percent (40%) of the marks will be given for the course work assignment.

Indicative Assessment Learning Outcomes Module %

Teaching & Learning Strategy Contact hours provided by the programme : 32 (Lecture hours 8x2, Workshop hours 8x2) Independent self-learning hours required from the student : 64 [Mode of self-learning hours : on-line research 15 hours, hard copy literature review 15 hours, – group discussions 10 hours, self-studies 27 hours Key Texts & Resources Core texts : Bernstein, Tackaberry, Mariott and Wood, Handbook of Arbitration Practice, 3rd Edition, London: Sweet and Maxwell in conjunction with the Chartered Institute of Arbitrators, 1998; S.N. Frommel and B.A.K. Rider (eds), Conflicting Legal Cultures in Commercial Arbitration, Old Issues and New Trends, The Hague: Kluwer, 1999; G.B. Born, International Arbitration and Forum Selection Agreements: Planning Drafting and Enforcing, The Hague: Kluwer, 1999; A. Redforn and M.Hunter, Law and Practice of International Commercial Arbitration, Sweet & Maxwell, 1999; Additional material : E.E. Bergsten (ed), International Commercial Arbitration, Dobbs Ferry, NY: Oceana Publications, 5 v looseleaf; P. Sanders, Quo Vadis Arbitration? Sixty Years of Arbitration Practice. A Comparative Study, The Hague: Kluwer, 1999; J. Fellas, Transatlantic Commercial Litigation and Arbitration, Dobbs Ferry, NY: Oceana Publications, 2000; M.J. Mustill and S.C. Boyd, The Law and Practice of Commercial Arbitration in England, Butterworths, 1999. K. Kanag-Isvaran & S.S. Wijeratne, International Commercial Arbitration – A Sri Lankan Perspective, in Arbitration Law in Sri Lanka, (2006 ed.) Journals and Newsletters: The American Review of International Arbitration Arbitration: The Journal of the Chartered Institute of Arbitrators Journal The Arbitration and Dispute Resolution Law Journal Arbitration International European Arbitration (electronic newsletter providing source information and comment on arbitral events) European Arbitration Bulletin International Arbitration Law Review

ANNEXURE XLIII

LLM – INTERNATIONAL CRIMINAL JUSTICE

Module 1 : Criminology

1:1 An introduction to Criminology and an overview of its application in contemporary Criminal Justice

Definition of criminology - concept of crime - nature and extent of various types of crime - crime patterns and trends – relationships, culture, gender, age, ethnicity, and socio economic status - biological, psychological, and sociological explanations for criminal behavior - adult criminal behavior and juvenile delinquency - strategies for preventing and controlling crime - role of the State and the administration of justice

1:2 Fundamental Theories of Criminology regarding Crime, its’ causes and

impact

Theories of Criminology and criminological explanation for crimes, its’ causes and impact - Social Learning Theory - Social Bonding and Social Control Theory - Anomie and Strain Theories - Deterrence and Opportunity Theory - Psychological Theory - Biological Positivism Theory - Biochemistry and Neurology Theory - Personality Theory - Labeling Theory - Rational Choice Theory - Routine Activity (Opportunity) Theory - Cognitive Theories - Differential Association Theory

1:3 Psychology and Criminal Justice

An introduction to Psychology – The relationship between Psychology and Criminal Justice – The manner in which Psychology could be used in matters associated with Criminal Justice - A psychological perspective to why human beings commit crime – Psychological assistance to victims of crime and witnesses and their assessment - Psychiatric & psychological states of mind and their impact on formation of criminal intent and criminal behavior

1:4 Role of the State in defining, criminalizing, investigating and adjudicating crime

The role of the State in Criminal Justice – Defining crime – Definition of and distinction between actionable wrongs, crimes and offences – Discretionary authority of the State in recognizing, defining and criminalizing certain conduct – Stipulation and imposition of penal sanctions to crimes – Proscribing crime and de-proscription – Sovereign function and responsibility of the State in investigating crime - non-discharge of the duty to investigate and impunity – out

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sourcing prevention, detection and investigation of crime – role of the State in designing and managing the administration of criminal justice – adjudication of crime

1:5 Crime Prevention and the role of the Law Enforcement entities

Crime prevention and its importance - Crime prevention, its impact and limitations - methodologies of crime prevention - Role of law enforcement agencies in crime prevention - Role of the community in crime prevention - Role of the Media in crime prevention - Role of private security agencies in crime prevention

1:6 Policing, the Police and Law Enforcement

An introduction to Policing - Organizational structures and primary functions of policing institutions – An overview of the Sri Lanka Police Force – The relationship between law and policing - Classification, nature and forms of policing - methodologies of policing – Crime prevention & criminal investigation - Powers and functions associated with policing - relationship between the police and the policed – relationship between the Executive and the Police – Independence of the Police - Corruption and miscarriages of justice associated with policing.

1:7 Punishment

Objectives of punishing offenders (Retribution, Deterrence, Incapacitation, Rehabilitation) - Methods of punishment (Penal Sanctions : Incarceration, Imprisonment, Suspended Sentences and Binding Over Orders, Fines and Compensation, Probation and Community Service Orders) – Sentencing Policies

1:8 Offender Rehabilitation, Correction and Penal Institutions

Methods of Rehabilitation and Correction - Impact of Rehabilitation and Correction - meaning of rehabilitation and correction - rationale behind rehabilitation - various schemes of rehabilitation - suitability and selection of programmes – cognitive & behavioural approach - risk factors for criminal recidivism – predicting violent recidivism – re-integration of criminals to society – re-conviction tendencies of released prisoners - effect of rehabilitation - drawbacks in the programmes – Rehabilitation and correction in other jurisdictions – Design and management of penal institutions – Corruption in penal institutions

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1:9 Alternatives to conventional Adjudication of crime related disputes

Responses to crime (from Fight to Flight) : spectrum of dispute settlement mechanisms - Victim-Offender dispute settlement through negotiation - Victim Offender Mediation - Victim Offender Conciliation - Restorative Justice & Conferencing

1:10 Victims of crime

Victims of crime – position of the victim in adversarial & inquisitorial systems of justice – Victims of Crime and the role of the Prosecutor - Secondary victimization - International norms and standards relating to Rights of Victims and Entitlements of Victims : substantive rights & service rights - Balancing victims' rights with the rights of the accused : principle of fair trial

Substantive Criminal Law 2:1 Corporate Criminality

An introduction to corporate criminality – reasons for corporate criminality – comparison between companies committing offences and employees & agents of companies committing offences on behalf of companies – types of offences committed by companies : Offences under the Penal Code & Offences in other laws including strict liability offences – companies committing offences which manifestly contains a mens rea – principles based on which criminal responsibility may be imposed on companies, liability of Directors - prosecuting companies and directors – punishing companies

2:2 Sexual Offences

Sexual Offences contained in the 1995 and 1997 Amendments to the Penal Code - rationale & objective underlying the following offences : Sexual Harassment, Grave Sexual Abuse, acts of Gross Indecency, Rape, Gang Rape, Incest, Procuration & Human Trafficking – corroboration – Prosecution of offenders - protecting the best interests of the victim and social issues which arise by strictly enforcing the present law

2:3 Offences Against Children

An overview of Child Abuse Offences : child sexual offences, physical harassment and cruelty, psychological harassment and cruelty, pornography, employment of young children – belatedness of the complaint – factors affecting evidence of children – special evidential provisions

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2:4 Offences relating to prohibited, controlled & regulated chemicals,

narcotics and psychotropic substances :

Manufacturing, Possession, Trafficking, Importation, Exportation, Sale, Purchase and Abuse of Narcotics – means rea and actus reus of these offences - – proof of knowledge – recent and proposed amendments to the law – an overview of relevant international conventions.

2:5 Terrorism & other National Security related offences : Evolution of offences relating to the protection of national security and

territorial integrity – Public Security Ordinance – Emergency Regulations – Offences under the Prevention of Terrorism Act - Definition of terrorism – Proscription of Terrorism and the Liberation Tigers of Tamil Eelam -Terrorist Financing – Hostage taking - an overview of the relevant international conventions

2:6 Offences relating to the Securities and the Securities Market : An overview of the offence relating to the securities market – offences of Market

Manipulation – offence of Insider Dealing 2:7 Bribery & Corruption : Scope of the relevant law (Bribery Act, Assets and Liabilities Law, Commission

Act) - Offences – definition of key terms – special presumption - relevant international norms and best practices – special investigation techniques.

2:8 Money Laundering

Need for Prevention of Money Laundering - Methodologies of Money Laundering & types – Consequences of Money Laundering – Offence of Money Laundering - Prevention of Money Laundering Act – Predicate offences – Covered entities – Use of Attorneys-at Law and Notaries to commit money laundering - Culpability of such Attorneys and Notaries - investigating instances of alleged money laundering - Financial Transaction Reporting Act – Statutory obligations on financial institutions and specified professionals – Investigation - Prosecution of persons who have committed money laundering – Presumptions and inferences – Punishment

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2:9 Computer & Cyber Crimes

Nature and status in contemporary society of Computers and the Internet and other cyber activity – opportunity to commit crime - jurisprudential introduction to cyber law- Overview of Cyber and Computer Crimes including computer related crimes, content related crimes and computer integrity related crimes – Offences in terms of Part I of the Computer Crimes Act - Cyber Crimes – Jurisdictional issues – investigation of computer and cyber crimes - challenges relating to law enforcement, prevention and detection computer and cyber crimes - Offences relating to payment devices

Module 3 : Criminal Procedure 3:1 Evolution of the Criminal Justice System of Sri Lanka and the

procedural, substantive and evidence laws relating to the criminal justice system

Evolution of the criminal justice system of Sri Lanka – system in ancient Ceylon – colonial era – salient features of the Criminal Procedure Code - Unique features of the Administration of Justice Law - Criminal Justice under Code of Criminal Procedure Act

3:2 Criminal Investigation

A general introduction to the conduct of criminal investigations – Conduct of criminal investigations as regulated by the Code of Criminal Procedure Act – Interview and recording of statements of victims of crime, witnesses and suspect – crime scene investigations - use of Forensic Sciences in investigating crime - Arrest, Search, Custody, Detention and Seizure – Surveillance use of Decoys – Entrapment – Controlled Delivery

3.3 Computer Forensics Investigations

Conduct of criminal investigations in terms of the Computer Crimes Act – introduction to computer forensics investigations – use of computer forensics in investigations into normal crimes – an introduction to internet based crime investigations

3:4 Jurisdiction :

Principles based on which jurisdictions of courts are designed : Territorial, Nationality, Substantive (Thematic) – Operation of jurisdictional principles in the Sri Lankan Criminal Justice System - Extra-territorial jurisdiction - universal jurisdiction

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3:5 Pre-trial Procedures :

3:4:1 Initiation and Institution of criminal proceedings and pre-trial proceedings : Initiation of criminal proceedings in the Magistrates Court - Conditions necessary for institution of criminal proceeding before Magistrate’s Court including sanctions - institution of criminal proceedings in the Magistrates Court and High Court – an overview of pre-trail (Non Summary) proceedings

3:5:2 Remand & Bail : Purpose of Remand – Entitlement to Bail – Bail Pending investigations – Bail pending and during trial – Bail pending Appeal - Provisions of the Bail Act – Recent judicial pronouncements relating to bail – the Bail Act in operation and its impact – types of Bail orders – Bail for offences outside the scope of the Bail Act

3:5:3 Judicial recording of Statements including Confessions :

Recording of statements by Magistrates and the use of such statements – Duties and functions of Magistrates when recording statements and confessions – Purposes for which such statements and confessions may be used - Admissibility of Confessions and statements

3:6 Prosecutorial discretion, institution of criminal proceedings, continuation and termination of criminal proceedings :

Exercise of prosecutorial discretion during the conduct of criminal investigations

– Prosecutorial discretion in the institution of criminal proceedings – Prosecutorial discretion during the trial – Nolle Prosequi – Withdrawal of indictments – Early termination of the prosecution – Suspension of the institution of criminal proceedings

3:7 Trial Procedures

Concept of fair trial and equality of arms – Special features of trials in the Magistrates Court and High Court - Comparison between the trial procedures in the Magistrates Court and High Court - Trials in absantia – Jury option – Special features relating to Trials-at Bar – Comparison between jury trials and non-jury trials – Effects of procedural irregularities relating to trials (those that are fatal and those that are curable)

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3:8 Judgments & other Judicial Orders

What is a judgment and what is a order – types of judgments (conviction, acquittal & discharge) - impact of a judgment - Salient features of a judgment – format of a judgment – role and responsibility of a judge when writing a judgment – procedure when aggrieved by a judgment or an order - effect of mis-directions and non-directions – Prejudice to the Accused – Basis for quashing of the conviction based on errors in the judgment (acquittal and re-trial)

3:9 Sentencing

Sentencing policies - Different sentencing options (terms of imprisonment, fines, suspended terms of imprisonment, compensation, binding over, community service orders) - sentencing guidelines - uniformity and predictability - scale of punishments – discretion when determining the punishment – mitigating and aggravating circumstances - minimum mandatory sentence – imposition of and non implementation of the death sentence - pardon and conditional release by the Executive

3:10 Judicial review pertaining to Arrest, Detention, Initiation and Institution of criminal proceedings and non-prosecution

Relief for persons aggrieved by arrests, detention, initiation of criminal proceedings, institution of criminal proceedings, and non-prosecution – judicial review – writs – habeaus corpus - fundamental rights - due process - Challenging decisions of the Attorney General and the Police regarding the initiation and institution of criminal proceedings – Remedies for victims of crime against non-prosecution

Evidence

4:1 An overview of the Law of Evidence : An introduction to the Law of Evidence – Importance and need of Evidence -

Evolution of the Law of Evidence – Sources of the Law of Evidence of Sri Lanka – Basic structure of the Evidence Ordinance – Application of the Law of Evidence - Admissibility – Relevancy - Facts in issue and relevant facts - connection between logical relevance and legal relevance – Principles based on which admissibility of evidence has evolved – Best Evidence Rule - Hearsay Evidence and exceptions to Hearsay- Real evidence - Judicial notice and presumptions – Inferences - Mode of presenting evidence - Competency of witnesses - Comparison between direct evidence and circumstantial evidence – Evaluation of circumstantial evidence

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4:2 Principles of admissibility relating to documentary evidence

Definition of a ‘document’ – Sufficiency of the definition of a ‘document’ in the context of modern technology and transactions – Salient issues relating to the admissibility of documents (authenticity, condition, nature, position created by it, due stamping, certification, contents of document) - Sub-classification of documentary evidence (Primary and Secondary evidence) - public & private documents - proof of documents - exclusion of oral evidence by documentary evidence – effect of the admission of inadmissible documents - Presumptions relating to documents

4:3 Proof

Proof of facts – Nature, Degree and Duty of Proof - Means of Proof (Direct, Circumstantial, Inferences, Judicial Notice and Presumptions)

4:4 Admissibility of computerized evidence

Nature of evidence in audio-visual recordings – introduction to computer evidence - Relevant provisions of the Evidence Ordinance – Provisions of the Evidence Special Provisions Act – Provisions of the Electronic Transactions Act – Principles to ensure safety and reliability – Admissibility - Procedure

4:5 Admissibility and evidential inferences arising out of recovery of relevant facts based on information provided by accused persons

Recovery of relevant facts based on information contained in Statements made to a police officer by a person accused of an offence - principle underlying the section - evidentiary value – admissibility - requisites necessary for admission of such evidence [Section 27(1) of the Evidence Ordinance and Sec.110 of the Code of Criminal Procedure Act] – knowledge – resulting inferences – evidential value

4:7 Rules of evidence relating to self incrimination and admissibility of self

incriminatory material

An introduction to self-incrimination – Rule against self-incrimination - Definition of a ‘Confession’ – Rule regarding the relevancy of confessions - limitations imposed by sec. 24 to 28 and their application – Admissible confessions - Voluntariness – Truthfulness – Sufficiency

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4:8 Impeaching and assessing the credibility of witnesses and weight to be attached to human testimony

Rule laid down in Section 134 - Different tests followed by trial judges in evaluation of evidence - Tests of assessing credibility (spontaneity, probability, consistency, demeanor, deportment) – Marking of contradictions and proving - Evaluation of contradictions and omissions – Cross Examination – testimonial trustworthiness - Provisions Sec.137, 145,146,154, and 155 of the Evidence Ordinance

4.9 Compute Evidence

Nature and types of computer evidence – use of computer evidence - Position regarding the admissibility of computer evidence prior to the enactment of the Evidence (Special Provisions) Act, 1995 – Admissibility of computer evidence in terms of the Evidence (Special Provisions) Act, 1995 – Admissibility and Authentication of computer evidence – Relevant provisions of the Electronic Transactions Act – Legal principles relating to encryption and electronic signatures – Position of the Sri Lankan law in comparison with the relevant laws of UK, USA and India

International Criminal Justice

5:1 Introduction to International Criminal Justice & Development of International Criminal Law The concept, objectives and fundamental principles of International Criminal Justice - Evolution of International Criminal Justice – An overview of the International Criminal Law – An overview of International Criminal Justice Systems (institutional mechanisms)

5:2 Jurisdiction of and Immunities before International Criminal courts and tribunals

Traditional heads of jurisdiction - Universal Jurisdiction – Jurisdiction vested in International Courts and Tribunals - Functional Immunity - Personal Immunity

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5:3 Prosecution of International Crimes by International Courts and tribunals

5:3:1 Historical evolution of individual criminal responsibility and the development of international criminal justice system Evolution of justice mechanisms beyond national systems during the 18th & 19th centuries – development of international justice during the 1st and 2nd World Wars – The concept of individual criminal responsibility vs. State or Group responsibility – Evolution of international criminal justice in the aftermath of the 2nd World War – Nuremburg Tribunal, Tokyo Tribunal – Event of the last decade of the 20th century – Yugoslavia & Ruwanda – ICTY & ICTR – Birth and the first decade of functioning of the International Criminal Court – The future of international criminal justice

5:3:2 International Criminal Tribunals for Yugoslavia and Rwanda (ICTY & ICTR) : Factual background – UN action - Source of Law – Mandate – Applicable substantive law – procedural law – institutional framework – unique features - present status 5:3:3 International Criminal Court : Background – Rome Statute - Source of Law – Mandate – Jurisdiction - Applicable substantive law – procedural law – institutional framework – unique features - present position - future

5:4 International Crimes

Genocide (Introduction to Genocide - protected groups - mental elements -material elements- other acts) - Crimes against Humanity (Introduction to CAH - mental elements - material elements - common elements - prohibited acts) - War Crimes (Introduction to War Crimes - Common elements - Specific acts) – Aggression (Introduction to Aggression - State responsibility for unlawful use of force - mental elements - material elements) - Grave Breaches of the Geneva Convention (Breaches of Common Articles 3 & 4) – position relating to crime of Piracy and transnational organized crime (Drug Trafficking and Arms Trafficking)

5:5 Modes of liability and defences before international courts and tribunals

General Principles of Liability in International Criminal Justice ( Perpetration - Joint Criminal Enterprise - Aiding and Abetting –Ordering – Instigating – Soliciting - Inducing and Inciting – Planning - Preparation -

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Attempt - Conspiracy - Command Responsibility - Superior Responsibility ) - Defences (Theoretical underpinnings of criminal defences - Superior orders- Duress and Necessity – Self Defence - Intoxication - Mistake of Fact or Mistake of Law - Mental incapacity- Other Defences )

5:6 Fundamental procedures relating to international criminal

investigations and prosecutions

International Criminal Procedures of the ICC, ICTR and ICTY - Commencement and discontinuance of criminal investigations- Actors in the proceedings and their roles - Jurisdiction and Admissibility before international courts and tribunals - Pre-trial proceedings - Evidentiary rules - Trial and judgment - Appeal proceedings - Revision - Sentencing, penalties and reparation to victims

5:7 Prosecution of International Crimes by States (under domestic law)

Universal Jurisdiction – vesting national courts with universal jurisdiction - State obligations to prosecute or extradite - statutory limitations to national prosecutions - ne bis in idem or double jeopardy - principle of non-retroactivity - practical obstacles - inter-state cooperation – Extradition - mutual legal assistance - transfer of proceedings - enforcement of proceedings – politics of universal jurisdiction – limitations - future

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Report of Curriculum Revision Committee of Sri Lanka Law College

Documents

Transcript of Report of Curriculum Revision Committee of Sri Lanka Law College