27 April

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Commercial Law Memorandum On Foreign Investment

1. The former restrictive provisions of the Aliens (Landholding) Act have been repealed and replaced by a new Foreign Investment Act, No. 16 of 1990 designed to encourage investment by foreign investors. 2. A foreign investor is defined by the Act to mean:- (a) An individual who is neither a citizen of "a Caricom member country" nor a resident of Trinidad and Tobago; (b) Any firm, partnership or unincorporated body of persons of whom at least one half of its members consist of persons to whom (a) or (c) applies; or (c) Any company that is not incorporated in a Caricom member country, or...

27 April

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THE PROCESS OF LAWMAKING

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in Laws of Trinidad and Tobago

Prepared by The Parliament Secretariat The Red House, Port-of-Spain What are laws? All organizations need rules to function. Society, as the most complex of organizations, needs a large variety of rules to govern relations with and between its members. Because society is constantly changing, these rules need regular updating, and new rules need to be made to meet new circumstances. There are two sorts of rules which regulate the activities of society. There are customs and conventions, and there are laws. There are two types of law - common law and statute law. Common law is made by the decisions of judges in particular...

27 April

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DOMESTIC VIOLENCE

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in Laws of Trinidad and Tobago

Domestic Violence Q. What is Domestic Violence? A. Includes any form of abuse whether it be mental, verbal, physical, sexual, financial, emotional or psychological, committed by a person against a spouse, child, and any other person who is a member of the household or dependant. Q. What is a Protection/Restraining Order? A. A Protection or Restraining Order is a court document which restrains a person from engaging in abusive behaviour of any type. Q. Where do you go to apply for a restraining Order? A. To the Clerk of the Peace of the District Magistrate Court in which you live. Q. Who can apply for a protection...

24 April

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REIGNING IN THE COMMISSIONER

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in Television Interviews

https://youtu.be/ECgmDzyho5o Attorney at Law Martin George speaks about appointing a new Police Commissioner. Mr. George says that there are guidelines to which the Police Service Commission Operates in order to appoint a Police Commissioner. It is the most difficult task to appoint a police commissioner than any other person in the country. The Legislation sets down a process in order to appoint a commissioner. Mr. George also indicated that whoever sits in the position of Police Commissioner or acts must get the job done and not give any excuses as to why the job can't be done. The Police Service Commission(PSC) has...

24 April

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WHAT IS BREACH OF MARRIAGE PROMISE?

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in Laws of Trinidad and Tobago

Breach of Marriage Promise A common-law right of action for breaking a commitment to enter into matrimony. The right of action for breach of a marriage promise has been abolished in a majority of states. Agreement to Marry An agreement to marry is different from all other contractual relations. The reason for this is that both its object and the relationship created between the parties are completelydifferent from those of any other contract. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. This can beaccomplished by a showing that both...

24 April

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WHAT IS ALIMONY?

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in Laws of Trinidad and Tobago

Alimony Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces. The purpose of alimony is to avoid any unfair economic consequences of a Divorce, even after property is divided and Child Support, if any, is awarded. Courts set few specificguidelines to attaining this broad goal: instead of telling judges how and when to award alimony, most courts simply grant them broad discretion to decide what is fair in eachcase.For example, suppose two individuals who married in 1985 agree in 1995 to divorce. At the time of the...

24 April

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LAWYER CALLS FOR NEC PROBE

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in Case Histories

Concerns have been raised regarding the procedures and processes employed by the National Energy Corporation (NEC) regarding tender for the provision of general maintenance services at Savonetta Piers Three and Four. And a call has been made to Energy Minister Kevin Ramnarine to immediately launch a probe into the tendering process. Attorney Martin George has sent a seven-page letter to Ramnarine pointing out that NEC, as a state-owned corporation, had “certain duties and responsibilities when it came to dealing with what was essentially taxpayers’ money.” A copy of the letter was also sent to Attorney General Anand Ramlogan. George is acting on behalf of...

24 April

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WRECKS AND THE CITY

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in Case Histories, HIGH STANDARDS

Our indomitable and irrepressible Mayor of Port-of-Spain has once again managed to find himself in a starring role, landing in the centre of controversy and bacchanal with his attempts to deal with illegal parking. This time, he has managed to incur the wrath and ire of a wide cross-section of the population from Government Ministers down to the ‘man (illegally parked) in the street’, as the nation looks on at this local soap opera called “Wrecks and the City”. Now, you just have got to love Louis for his hands-on pitbull in a China shop, take-no-prisoners approach to cleaning up the city...

24 April

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DISPUTED PSC PICKS IN FOCUS

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in Media

Despite strong objection from former public service head Reginald Dumas, and threats by him to take action, the House of Representatives will tomorrow seek to approve four nominations by President Anthony Carmona for membership in the Police Service Commission (PSC). Dumas is objecting to the nominations of Dr James Armstrong and Roamar Achat-Saney on the ground that they are not qualified for the positions. He charged that Carmona made the nominations “per incuriam,” without care. “Should these nominations be approved by affirmative resolution of the House of Representatives, my client will take such steps as he may be advised to ensure compliance...

24 April

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FAMILY TOLD TO LEAVE HINDU TEMPLE

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in Case Histories

Indian Arrival Day court ruling on ownership… Published: Wednesday, May 30, 2012 Omatie Gosine thanks her lawyer Martin George after yesterday’s court ruling. PHOTO: NICOLE DRAYTON In a judgment, described yesterday as an “Indian Arrival Day victory,” High Court judge Joan Charles yesterday ruled on a longstanding feud within a Tunapuna family over the control of one of the oldest Hindu temples in T&T. In her ruling, Charles said Goomtie Gosine had established no claim of ownership of the Tunapuna Hindu Temple and ordered she and her family vacate the premises within three months. Gosine’s action, which had been ongoing for the past six years,...

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