Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
July 27, 2018

Exculpatory

Exculpatory is a word that is heard quite frequently these days. It is used in regard to evidence.

It is a Latin word, that means, “free from blame.” The verb from exculpatory is ‘exculpate’, which means “to free from crime and blame.” The opposite of exculpatory is inculpatory. It shows guilt.

In a criminal case exculpatory evidence is favourable to the defendant. Evidence that is exculpatory tends to justify and exonerate a person. The evidence before a criminal court is either exculpatory or inculpatory for the defendant. The prosecutor must disclose evidence that shows inculpatory and exculpatory evidence in a case. The knife that was used to stab the victim could be inculpatory evidence if it is proven to be that used by the defendant. The blood of the victim found on the defendant could be inculpatory.

Pleadings

Blacks dictionary describes it as “the formal allegations by the parties to a law suit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial.”
In short, pleadings consist of the facts as stated by the parties, either in the claim form or in a defense. The Civil Procedure Rules CPR 2000 gives the rules governing pleadings. Pleadings consist of all the claims stated in a claim form by the claimant, the defence by the defendant and a reply by the claimant, in that order. More information based on the pleadings can be brought before the court through discovery, case management and pre-trial conferences. The defendant’s defense serves to rebut or agree with all the claims made by the claimant in his claim form.

Amendment

This is an ordinary word, but of significance in our laws. It is a change or a modification “for the better” (Black). It serves to correct an error. Amendment is made to alter or delete a statement, in for example, an order, a judgment or pleading. Its main purpose is to correct an error not to give a new judgment.

In a pleading it is done before it is served on the party, or by the consent of the parties. An original judgment of the court can be corrected if there is a substantive error. It is done to clear any misconception of a manifest mistake. Our House of Assembly can make amendments to the law to modify the law. There are majority or two-thirds votes depending on the matter.

Jurisdiction

A jurisdiction is a geographical area over which law is exercised. The state of St. Vincent and the Grenadines constitutes a jurisdiction. The other states in the Caribbean constitute their own jurisdiction. Authority is given by law to a court to try cases and rule on legal matters. In our jurisdiction there are magistrate courts and a lone High Court with authority to try cases.

The Magistrate Court deals with summary matters and the High Court deals with matters on indictments. The Magistrate Court has jurisdiction on less serious matters, while the High Court has jurisdiction over more serious matters, like murder and rape. In its civil jurisdiction the High Court has jurisdiction over disputes involving large sums of money, probate of estates matters, as well as matrimonial matters (divorces).

A case is not tried in a jurisdiction of your choice, it is in the jurisdiction that the law permits. Therefore the question of jurisdiction is the first one to answer.

Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Independence a double-edged sword
    Independence a double-edged sword
    Jada 
    July 8, 2026
    Independence fundamentally transformed CARICOM members from neglected colonial outposts into self-governing nations possessing distinct global voices....
    The Billion-Dollar Decision: How St. Vincent and the Grenadines Paid the Price for Saying “No” to Citizenship by Investment
    Our Readers' Opinions
    The Billion-Dollar Decision: How St. Vincent and the Grenadines Paid the Price for Saying “No” to Citizenship by Investment
    Jada 
    July 8, 2026
    For more than twenty years, the former Unity Labour Party administration repeatedly rejected the idea of a Citizenship by Investment (CBI) programme. ...
    PM Friday heads SVG Delegation to CARICOM Heads 51st Regular Meeting in Saint Lucia
    PM Friday heads SVG Delegation to CARICOM Heads 51st Regular Meeting in Saint Lucia
    Jada 
    July 8, 2026
    Prime Minister, Dr. Godwin Friday is leading the St Vincent and the Grenadines (SVG) delegation to the 51st Regular Meeting of Heads of Government of ...
    11  to battle Madzzart for Kaiso crown
    Front Page
    11 to battle Madzzart for Kaiso crown
    Webmaster 
    July 3, 2026
    Reigning Calypso Monarch Reon ‘Madzzart’ Primus is ready to hit the stage come Sunday night, July 5, 2026 in the Dimanche Gras, at Carnival City, to d...
    Make crime prevention a  Carnival priority – Police Officer(+Video)
    Front Page
    Make crime prevention a Carnival priority – Police Officer(+Video)
    Webmaster 
    July 3, 2026
    Executive member of the Crime Prevention Unit, Station Sergeant Stephen Billy, is urging citizens and visitors to make safety their top priority as St...
    Root out Police ‘bad eggs’ former minister urges
    Front Page
    Root out Police ‘bad eggs’ former minister urges
    Webmaster 
    July 3, 2026
    While most officers serve well, however, the “bad eggs” must be rooted out to ensure public safety, said former government minister Carlos James. The ...
    News
    Controversial ‘Dual Citizenship’ Bills to amend the  Constitution deferred again
    News
    Controversial ‘Dual Citizenship’ Bills to amend the Constitution deferred again
    Webmaster 
    July 3, 2026
    Two controversial Bills, namely the Representation of the People (Amendment) Bill 2026, and Constitution of St. Vincent and the Grenadines (Amendment)...
    Injured Madzzart bows out of Soca Monarch
    News
    Injured Madzzart bows out of Soca Monarch
    Webmaster 
    July 3, 2026
    Former Soca Monarch Reon ‘Madzzart’ Primus has bowed out of the 2026 competition finals after he injured his shoulder last Friday, June 26, 2026, when...
    ‘Hero’ leads Starlift, Bishop’s to Junior Pan victory
    News
    ‘Hero’ leads Starlift, Bishop’s to Junior Pan victory
    Webmaster 
    July 3, 2026
    Arranger, Kingsley ‘Hero’ Roberts, has led Starlift Juniors, and Bishop’s College, Kingstown steel orchestras to victory in the Junior Panorama Compet...
    VincyMas 2026 heats up with several shows this weekend
    News
    VincyMas 2026 heats up with several shows this weekend
    Webmaster 
    July 3, 2026
    VincyMas 2026, ‘The Great Escape’ intensifies this weekend with numerous events hosted by the Carnival Development Corporation (CDC), as the culminati...
    National Public Library goes solar to reduce energy consumption
    News
    National Public Library goes solar to reduce energy consumption
    Webmaster 
    July 3, 2026
    The administrators at the St. Vincent and the Grenadines National Public Library and Documentation Centre are expecting a reduction in the monthly ele...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok