1) What are the objectives of law?
I. maintain law and order in society.
II.
law promotes social justice.
III.
protect less privileged and less advantage.
V.
VI.
facilitates business and commerce.
every business activities involve legal risk and consequences
2) what do you mean by the substantive law?
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Substantive law is the law that deals with written statutory laws passed by legislation
that governs the behavior of people
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They define crimes and lay down punishment for commitment of such crimes. They also
define our rights and duties as citizen
Ex-penal code(the definition of murder and its penalties)
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3) what do you mean by procedural law?
• Established rules which make its possible to implement substantive law.
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Ex- how a case should be filled in court, how a trial is conducted in a court, how an appeal
can be lodged in a superior court are addressed by the following laws,
Civil procedure code
Criminal procedure code
Evidence ordinance
4) What are the objectives of criminal law?
• Preserve law and order in particular society by punishing (reading material)
• Source by internet
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Retribution-criminal should pay the consequences
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Deterrence-criminal will not committed the activity again
Incapacitation- keeping the criminal away from society
Rehabilitation-transformation of the criminal so that they are fit for the society
Restitution-repair any victim of the criminal activity
5) What are the objectives of civil law?
• Remedy the wrong which has been suffered by breach of the civil law claimed.
• Source by internet
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Provide a remedy for wrong.
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To promote social welfare.
To deter future wrong.
To protect the interest of the society.
6) Which court involves the development of law of equity in England and Wales?
• The court of chancery.
7) What is the applicable court system in common law legal tradition?
• Adversarial court system.
8) What is the applicable court system in civil law legal tradition?
• Inquisitorial court system.
9) How would you define the term “white collar crime”?
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White collar crime is a non violent crime often characterized by deceit or
concealment to obtain or avoid losing money or property , or to gain a personal
or business advantages.
Ex-securities fraud , embezzlement , corporate fraud and money
laundering. Refer slide 37 introduction to legal environment
10) Select the most suitable terms for the blanks below,
“bill shall become act upon the endorsement of the Speaker on the Bill.”
11) When started the systematic law reporting in Sri Lanka?
12) What are the two most famous and influential two legal traditions in the world?
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Common law tradition
Civil law tradition
13) What is the most suitable word for the blank?
“The court system of Sri Lanka is primarily based on British judiciary system”
14) What is the burden of proof in a Criminal Law case?
• Beyond the reasonable doubt.
15) What is the burden of proof in a Civil Law case?
• Balance of the probabilities
16) “Rule of Law” basically consists of 3 components. What are they?
• Law is supreme
• Everyone is equal before the law
• Disputes are settle by the courts
17) What is the most suitable word for the blank?
“The whole purpose of the law is to see that justice is done.”
18) What is the most suitable word for the blank?
“justice must not only be done but must appear to be done”
19) What are the most suitable words relevant to English law?
“Legislation is a source of English law”
20) What are the most suitable words relevant to English law?
“common law is a source of English law”
21) Name different types of writs.
• Habeas corpus
• Mandamus
• Prohibition
• Quo warranto
• Certiorari
22) What is the most suitable word for the blank?
“Article 4 (c) of the Constitution- “The judicial power of the people, shall be exercised by parliament
through courts, tribunals and institutions created and established or recognized by the
Constitutions.”
23) In the ancient Sinhalese legal system, which court inquired into sudden deaths?
• Sadagiriya court
24) In the ancient Sinhalese legal system, which court had ultimate judicial authority?
25) In the ancient Sinhalese legal system, which court had the 2nd highest judicial authority?
26) What are the jurisdictions where the Roman Dutch Law is still preserved?
• Generally civil cases
• Law of contract excluding sale of good
27) What is the “common law” of Sri Lanka?
• Roman Dutch law
28) Define the term English Common Law?
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English common is the body of law created by judges and courts in England and its
former colonies, based on customs, precedent and written opinion.
29) What are the personal laws of Sri Lanka?
• Muslim law
• Thesawalamai law
• Kandyan law
30) What are the special laws which have territorial characteristics?
• Thesawalamai law
31) What do you mean by common law of Sri Lanka?
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A system of law that applies in Sri Lanka when statutes and indigenous law don’t
regulate any matter ( roman Dutch law is the common law of Sri Lanka)
32) What do you mean by the residuary law of Sri Lanka?
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Law which applies in instances where the governing law is silent on a particular matter.
In Sri Lanka roman Dutch law is the residual law because when a different law which is
applicable to a particular incident is either silent or has no applicability on that issue
then roman Dutch law will be applied to decide on that issue.
33) What aspects of Sri Lankan law are governed by Roman Dutch Law?
• Generally civil cases
• Law of contract excluding sale of good
34) What are the main causes for the multifarious nature of the Sri Lankan legal system?
• Time to time many nations govern the Sri Lanka
• Many religious groups are live in Sri Lanka
35) Do you think the personal laws have an impact on business and commercial activities?
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No because personal laws apply only personal relationships of citizen such as marriage ,
divorce , inheritance of property etc..
36) Roman Dutch Law consists of various legal traditions of Europe. What are they?
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Civil law ( roman Germanic law )
Common law
Scandinavian law
Ancient roman law
Canon law
Feudal law
Medieval Germanic law
37) What is the law that applies for a majority of commercial transactions in Sri Lanka?
• English law
38) What are the statutes in the criminal and commercial sector which are based on English
legal principles?
• Criminal law –
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Commercial law- sale of good ordinance, bills of exchange ordinance , company act
, partnership ordinance
39) What is the law applicable for casus omissus situations in Kandyan law?
• Roman Dutch law
40) What are the areas governed by Kandyan Law?
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Its govern the people who are descendants from the people in Kandyan province
before 1815 ( marriage, divorce)
41) Who is a “Kandyan‟ under Kandyan law?
• People who descendant from the people who live in Kandyan province before 1815
42) What type of special law is Kandyan law?
• Personal law
43) What are the sources of Thesawalamai law?
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•
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Thesawalamai code of 1707
Legislation
Customs
44) What is the applicable law for a woman who is subject to the law of Thesawalamai when she
marries a person not subject to Thesawalamai?
• Roman Dutch law
45) What is the law applicable to the maintenance of Muslims?
• Muslim law
46) Would Muslim law apply in respect of descendants of Arabs who came to Sri Lanka?
• yes
47) „A‟ was born in Jaffna and came to the university of Sri-Pura for higher studies. He married „B‟
from Nuwara-Eliya. The couple settled in Colombo, but he regularly visited his relatives in Jaffna. A
died by an accident and the widowed B re-married C. What is the law applicable to B regarding her
matrimonial rights?
Kindly refer to the judgment in Spencer v. Rajaratnam [1913] 16 NLR 321 for this question
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Thesawalamai law
48) AB from Colombo married KB from Kandy, and both started living in Kandy after the marriage. KB
belongs to one of the oldest families in Kandyan kingdom. AB wants to know the law applicable
to them. What is it?
Kindly refer to the judgment in Williams v. Robertson [1886] 8 SCC 36 for this question
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Roman Dutch law
49) KL married a woman called PQ according to Muslim rituals and started living together. KL left her
after two years and married RS at a Catholic church. Before this marriage he underwent a ceremony
to become a Catholic and took the name AB; a Ceylon Burgher and bachelor. What is the law
applicable to AB?
Kindly refer to the judgment in Abeysundere v. Abeysundere [1998] 1 Sri LR 185 for this question
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Roman Dutch law
50) S is a child of R, a low country Sinhalese who permanently settled in the District of Kandy.
Thereafter, married a Kandyan woman called T. What is the law applicable to S?
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Roman Dutch law
51) KP is an unemployed housewife who lives in Maskeliya. Her husband RP frequently assaults her and
her four children after coming home from work drunk. KP intends to file a Domestic Violence action
against RP but fears she does not have any money to afford an Attorney. What is the Institution
which KP can approach?
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Legal aid commission
52) What court in the Sri Lankan court system is most likely to be vested with these powers?
“Jurisdiction to hear appellate and revisionary matters in respect of Orders and judgments of
the Magistrates‟ Court, Primary courts, Labour Tribunals, Agrarian Services Commissioners
Tribunals situated within the province.”
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Provincial high court
53) „A‟ who lives in Galle obtained a loan of Rs. 25 million from H-Bank in Colombo to finance his
mushroom cultivation business. However, A has refused to pay the overdue loan installments
stating that all amounts due under the loan had already been paid by him. HBank now wishes to file
legal action against A. In which court should the Bank file this action?
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Commercial high court
54) Which court of first instance has the jurisdiction to hear cases on matters falling under
the Intellectual Property Act?
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Commercial high court
55) Which body has the powers of appointment, dismissal and disciplinary control of judges of District
Courts?
• judicial service commission
56) S is charged with the offence of theft of 5 coconuts. In which court should the offence against S be
instituted?
• District court
57) Which court possesses the Final appellate jurisdiction as stated in the Constitution of 1978?
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Supreme court
58) Which court has the power to hear cases falling under the Industrial Disputes Act?
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industrial court
59) N has worked as an electrician at ABC (Pvt) Ltd. for the past 8 years. N states that he was
suddenly fired from his job without any notice or wages. He now wishes to file a case against ABC
to get his job back. In which court should N file the case?
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Labour tribunals
60) „K‟ is a skilled director from Kurunegala who has written, directed and produced several award
winning films. Last December, A saw that NTV, a local television services provider with its Head
Office in Colombo, had telecast his film on their channel without obtaining his permission in any
manner. A decides to institute legal action against NTV and obtain compensation. Which court
should K go to?
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Commercial high court
61) What are the ages of retirement for Judges of the Supreme Court and Court of Appeal?
• Supreme court – 65 years
• Court of appeal – 63 years
62) D and J are two shareholders of CEG (Private) Limited, a consultancy company registered in Sri
Lanka. They believe the Directors of the company are ignoring the suggestions of shareholders and
hiding company information from them. Displeased with this situation, D and J decide to institute
legal action against the Directors. In which court should they file action?
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Commercial high court
63) How many judges constitute the Bench of a Trial-at-Bar?
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03 judges
64) A and S are businessmen. Last December, A sold a consignment of spices worth Rs. 5 million to S,
with payment being due at the end of the month. However, S is yet to pay the money to A. A now
wishes to sue S. Which court should A go to?
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District court
65) What Government Authorities prosecute in the Magistrate Court and High Court, respectively?
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Magistrate court – The Attorney general, Solicitor general , a state counsel or
pleader generally or specially authorized by the Attorney general
High court – Attorney general or any member of the Attorney General’s department
66) Which court primarily hears appeals from matters heard in District Courts?
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Provincial civil appellate high court
67) T is a wealthy trader in Kurunegala who owns many properties including coconut estates. Last year,
T suddenly died of a heart attack without leaving a Last Will. T has a wife and three children who
now wish to divide T‟s property among themselves. Which court should they file their case in?
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District court
68) What is the difference between Article 3 and Article 4 of the Constitution of 1978?
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Article 4 provided the form and manner of exercise of the sovereignty of the people, the
ultimate act or decision of his executive functions must be retained by the President”.
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Article 3 is an “Entrenched Clause”, meaning that any amendment that would impact on
Article 3 would require the approval of a 2/3 majority of Parliament AND the approval of the
People at a referendum for it to become law. On the other hand, even though as stated by the
Supreme Court, “Article 4 provided the form and manner of exercise of the sovereignty of the
people”, it was NOT included in Article 83 as an entrenched clause in the 1978
Constitution. Consequently, any amendment that would impact on Article 4 would ONLY
require a 2/3 approval of Parliament for it to become law.
69) What are the powers and functions of the Supreme Court?
• Exclusive jurisdiction with regard to fundamental and language rights and interpretation of
constitution.
• Consultative jurisdiction
• Rulemaking power
• Jurisdiction to hear cases relating to breach of parliamentary privileges
• Power to punish for contempt of any other court
• Final appellate jurisdiction
70) Which court is commonly referred to as the „Company Court‟ in Sri Lanka?
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Commercial high court
71) What are the Institutions established to safeguard against violations of fundamental rights by the
State?
• Human right commission
72) „C (Private) Limited‟ is a carbonated drink manufacturer in Sri Lanka, whose drinks are popular
among people of all ages. The operations of the company are based in Kurunegala. They
discover that a seller in Trincomalee engages in manufacturing and selling carbonated drinks
with a trademark extremely similar to C. The company decides to sue the manufacturer. Which
court should C go to?
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Commercial high court
73) What are Alternate Dispute Resolution (ADR) mechanisms prevailing in Sri Lanka?
• Mediation
• Arbitration
• Conciliation
• negotiation
74) What court has the power to hear cases of violations relating to general elections?
• Court of appeal
75) S is a vegetable trader. S has leased three lorries from J, a local businessman, for a monthly rental of
Rs. 5 million each. However, J says that S failed to pay the monthly rental for the 6 past five months.
J wishes to institute legal action against S. Which institution should he go to?
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Commercial high court
76) What is the main objective of the Companies House?
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Establish business and other institutions under the relevant acts in accordance with
the economic and trade policy of the government and to act in vigilance in regard to
their effective functioning and to assist in other commercial activities
77) What are the statutes subject to the Department of Registrar of Companies?
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Companies act
The societies ordinance
The cheetus ordinance
Public contract act
78) Which Act established the Sri Lanka Accounting and Auditing Standards Monitoring Board?
• Sri Lanka accounting and auditing standards act ( no 15 of 1995 )
79) Which organization formulates Accounting and Auditing Standards in Sri Lanka?
• Institute of chartered accountants of Sri Lanka
80) What is the key function of the Inland Revenue Department?
• Collection of government tax revenue
• Provide feedback on implementation of fiscal policies
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Administration of all enactments under the purview of the commissioner general of
inland revenue ( CGIR)
81) Who is authorized to audit the financial statements of specified business enterprises in Sri Lanka?
• SL Accounting and Auditing standards Monitoring board
82) Who can act as an Auditor in Sri Lanka?
83) Who can act as a Chartered Accountant in Sri Lanka?
84) What are the functions of the Central Bank of Sri Lanka?
• Core functions
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conduct of monetary policy
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conduct of exchange rate policy
management of the official international reserves
oversight of the financial system
issue and distribution of national currency
agency functions
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management of the public debt
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foreign exchange management
fund management and custodian of the employees provident fund
facilitating financial inclusion
financial intelligence services to prevent, detect, investigate and prosecute money
laundering and terrorist financing
85) Which Act governs the Central Bank of Sri Lanka?
• Monetary law act no 58 of 1949
86) The Central Bank of Sri Lanka recently noticed an unusual transaction by a non-bank financial
institution. Upon investigation, it was found that the institution was involved in money laundering
activities. What is the most accurate function of the Central Bank that is responsible for
preventing and detecting such activities?
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Financial intelligence services to prevent , detect , investigate and prosecute money
laundering and terrorist financing
87) What is the primary objective of the Central Depository Systems (CDS)?
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To promote , establish , develop , support and currency on the business of business of
providing the public with a market, exchange or other place at which securities are regularly
offered for sale, purchase or exchange , including such services as are connected with such
business
To create , develop , support and promote a secondary market in government debt
To promulgate , administer and enforce rules furtherance of the business of the stock
exchange including rules rules relating to members
To disseminate market information
To impose charges for services provided through the exchange on the basis and scale
determined by the exchange
88) What are the objectives of the Securities and Exchange Commission of Sri Lanka (SEC)?
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To create , maintain and regulate a fair , orderly , efficient and transparent , securities
market
To protect the interests of local and foreign investors
To ensure the maintenance of high professional standards in the provision of services
in relation to securities markets
89) What is the role of the Securities and Exchange Commission?
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Regulating capital market to ensure that the capital market is fair, efficient, orderly and
transparent
90) As an investor looking to set up a manufacturing plant in Sri Lanka, which government
agency should you contact for guidance and approvals?
• Board of investment
91) An exporter wants to establish a new project in Sri Lanka but is facing difficulties in obtaining
approvals from multiple government agencies. Which organization can assist the exporter in
coordinating with other departments?
• Sri Lanka customs
92) Which legislation established the CEA?
• National environment act no 47 of 1980
93) What is the main purpose of an Environmental Impact Assessment?
• Determine the potential environment , social and healthy effect of a proposed development
94) What are the powers, functions, and duties of the Central Environmental Authority?
• To administer the provisions of the act and the regulations made their under
• To recommend to the minister national environmental policy
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Various functions relating to the prevention of pollution of the environment and
protection of any portion of the environment
To monitor new projects in order to evaluate their impacts on the environment
95) What is an Environmental Protection License (EPL)?
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Regulatory / legal requirement under the provisions of the national environmental act no
47 of 1980
96) Which government organization is responsible for protecting consumers‟ interests and ensuring
fair market competition in Sri Lanka?
• Consumer protection authority
97) Which institute regulates EPF and ETF matters of employees in Sri Lanka?
• Department of labour
98) Which institution is in charge of obtaining patent applications?
• National intellectual property office
99) The National Intellectual Property Office has received an application for the registration of a
trademark for a new brand of sports shoes. The application has been reviewed and approved by
the Director General of IP. What happens next
• Issue a public announcement of the trademark registration in a government gazette
100) Who conducts the prosecutions under the Bribery Act and the Declaration of Assets
and Liabilities Law?
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Law officers attached to the commission & by the officers of the attorney
general’s department