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
    NATIONAL DAY OF PRAYER
    Press Release
    NATIONAL DAY OF PRAYER
    Webmaster 
    October 5, 2026
    The National Day of Prayer will be observed in St. Vincent and the Grenadines on Monday, 5th October, 2026 under the theme: "Restore, Unite and Uplift...
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Press Release
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Webmaster 
    September 29, 2026
    By Yvette Gittens, Early Childhood Practitioner and Literacy Specialist, SVG. The Ministry of Education must reconsider policies that restrict teacher...
    Five charged in separate ammo and firearms offenses
    Press Release
    Five charged in separate ammo and firearms offenses
    Webmaster 
    September 29, 2026
    Police arrested and charged five men in connection with two separate firearms and ammunition offenses in operations conducted on Sunday, September 26,...
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    VINLEC explains its metering operations at press briefing
    Press Release
    VINLEC explains its metering operations at press briefing
    Webmaster 
    September 28, 2026
    The meters previously used by the St Vincent Electricity Services Limited (VINLEC) were electromechanical ones as Senior Transmission and Distribution...
    West St George Secondary School celebrates 22 years
    Press Release
    West St George Secondary School celebrates 22 years
    Webmaster 
    September 28, 2026
    On Wednesday September 16, 2026, the West St George Secondary School (WSGSS), in Belair celebrated its 22nd year of operation with a thanksgiving serv...
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    RedRootSVG to launch island-wide Human Rights Campaign
    News
    RedRootSVG to launch island-wide Human Rights Campaign
    Webmaster 
    September 26, 2026
    RedRootSVG Inc is set to launch an island-wide initiative designed to educate, empower, and engage citizens on their fundamental human rights and resp...
    Round D Town Relay attracts over 60 teams
    News
    Round D Town Relay attracts over 60 teams
    Webmaster 
    September 26, 2026
    The 2026 Team Athletics SVG Round D Town Road Relay set for this Sunday, September 27 in the streets of capital, Kingstown, has attracted a whopping 6...
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...

    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