SLC22-W4 / Procedural Law

Hello friends, it's another opportunity to explore on the learning challenge titled Procedural Law, an impactful class hosted by @anasuleidy. After take the full knowledge for the class, a student task was given to demonstrate how well we impact from the class.
Without too waste I continue with the below questions given.

Part I

According to what was explained in class, you must do the following:

A. Choose a law from your country and explain why you consider it a Procedural Law or part of Procedural Law.

B. I pointed out which of the principles of procedural law are present in that law and why.

Answer...

Example of a Procedural Law in my country "Nigeria".

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There's one popular law in Nigeria that qualifies as procedural law is the Federal High Court which is thee Civil Procedure Rules, the *Civil Procedure Rules otherwise abbreviated as (CPR) is a set of law regulations that guide how cases are being treated within the jurisdiction of the Federal High Court which covers everything right from filing a lawsuit to the court judgment.

These law lay out how each citisen and entities can bring their disagreement to the court, the manner in which proceedings are to be conducted and the duties of the judge, the plaintiff and the defendant through out the lawprocess.

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Why This is Procedural Law?.

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According to what I have learn so far, I'll briefly brush that procedural law is the rules which govern how substantive rights are to be done or enforced in the legal system, the Civil Procedure Rules of Nigeria specifically detail and line out those steps that must be taken to resolve civil disagreement in the Federal High Court.

These include bringing to table a claim, then responding to a claim, presenting evidence, filing motions and obtaining a judgment. Through providing a strong frame work for handling those cases the CPR make sure that both the plaintiff and defendant have a fair opportunity to present their case that evidence is considered and that the case proceeds in an orderly and lawful manner.

This makes it a good example of procedural law because it does not talk about the substance of the legal claim itself which is the domain of substantive law but rather regulates how legal dispute and disagreement are processed and adjudicated, It ensures that citizens substantive rights can be put to action through a very fair process.

Principles of Procedural Law Present in the Federal High Court Civil Procedure Rules

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Principle of Equality

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The Civil Procedure Rules set to assure that both the plaintiff and the defendant are treated equally in the court, they are granted the right to file their claims, present evidence and challenge the evidence and claims of their opponents, this principle is much important in maintaining fairness in the legal process where neither opponent or party is given undue advantage.

For instance the both parties have the right to make representations, call their witnesses and submit documents to support their case, the court provides an equal opportunity for both disagreed opponents to argue their case during the hearings from the court.

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Principle of Device

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This principle also take guide in the Civil Procedure Rules as they allow the parties involved in a case to take the action in shaping the process, the plaintiff can initiate the case while both parties have the ability to submit evidence and provide arguments. This give the full opportunity that both the plaintiff and defendant have control over the direction of the case within the structuree set by the rules.

Now for example the plaintiff can choose how to present his or her case including the types of evidence to submit while the defendant can challenge the evidence and request specific actions from the court.

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Principle of Legality

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Yes the principle of legality is included in the Civil Procedure Rules which require both parties to adhere strictly to legal procedures and deadlines, and failure to comply with these legal rule will result in penalties like, the dismissal of claims, rejection of evidence or even delays in proceeding the case. This principle ensures that everyone involved in the process follows the law and that no party can undermine the legal process.

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Part II

Case study.

Mr. Ramírez rents a commercial premises to Mr. Pérez. But it turns out that Mr. Pérez has started using the premises as a home, a fact that was prohibited in one of the clauses of the contract.

Mr. Ramírez decides to go to court and demand the termination of the contract for breach of that clause. During the course of the lawsuit, Mr. Ramírez promotes a judicial inspection of the business premises to verify that Mr. Pérez is indeed using the premises as a home. The court agrees to the judicial inspection and sets the day, time and date for it to be carried out.

A.- According to what you saw in class, say which of the facts of the case identifies you with "Process" , which identifies you with "Procedure" and explain the reason for your answer.

Answer...

Process vs Procedure in the Case

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Process

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The process in this case it refers to the overall jurisdictional action initiated by Mr. Ramírez, this includes Ramirez decision to take legal action and go to court to demand for the termination of the lease agreement based on Mr.Pérez's violation of the contract, The process carries all the actions taken by the court to resolve the disagreement from the filing of the lawsuit to the final court judgment.

The essence of the process is the judicial intervention needed to iron out a legal conflict, Mr. Ramírez has a legal claim which is the breach of contract and the entire legal proceeding from the filing to the judgment constitutes the "process" in the court of law.

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Procedure:

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Now talkting about the *procedure which refers to the specific steps taken during the litigation process, In this case the judicial inspection that Mr. Ramírez requests is part of the procedure. The court agrees to carry out the inspection and sets the date, time and other specific details for how the inspection will be look like, these detailed methodology on how and when the inspection will be conducted, the form it will take and who will participate is part of the procedure.

From the word procedure, in this context it means ensuring that the actions involved in the process occur in an orderly, formal and regulated manner according to what the law say.

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Part III

Case Study.

Mrs. Maria is driving a vehicle and its brakes fail and she crashes or collides with Pedro's vehicle, causing various damages. Faced with the situation and unable to reach an agreement, Pedro decides to sue Maria and files the claim in court and upon leaving the court he finds out that the vehicle is the property of Mr. Manuel.

A.- According to what was explained in class, identify the procedural subjects and place them in each of the characters present in the case. Explain the reason for your answer.

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Procedural Subjects in the Case

Mrs. Maria the Defendant

Mrs. Maria is the defendant in this case, She is the person being sued by Pedro for damages caused by her actions which was the car crash. As the person against whom the lawsuit has been filed she is the party who must respond to the claim and defend herself in the court.

Pedro the plaintiff

in this case pedro is the plaintiff, He is the one initiating the lawsuit against Mrs. Maria, He is seeking legal address for the damages caused to his vehicle due to Mrs. Maria's failure to maintain her car properly, as the person making the claim he have the responsibility to provide his case beforethe court.

Mr. Manuel the third Party

Mr. Manuel is a third party in this case, He is not directly involved in the legal problem between Pedro and Maria but his vehicle is the object of the dispute. Pedro finds out that the car involved in the crash belongs to Mr. Manuel, then if it turns out that Mr. Manuel’s vehicle played a role in the damages he may be called as a witness or may even have to intervene in the case as a third party.

Mr. Manuel is a third party because his vehicle is a piece of evidence in the case even though he is not one of the primary litigants.

Explanation of the Terms

Plaintiff which is the (Active Subject). Pedro is the plaintiff because he is the person that brings the claim to the court and seeks to implement his legal rights.

Defendant which is the (Passive Subject). Mrs. Maria is the defendant because she is the person being accused of causing the car damages and she is call to the court and responsible for defending herself against the claim.

Third Party
Mr. Manuel the owner of the car involved in the accident is considered a third party because even though he is not directly the participant in the lawsuit his involvement may become important depending on thi circumstances of the case to handle.

Conclusion

Now to finally conclude my overall view in today's class and task I'll state that procedural law plays a very important role in ensuring that legal rights can be exercised and enforced through a fair and transparent process it manner, in my country Nigeria, laws like the Civil Procedure Rules guide how courts handle civil disputes and ensure that both plaintiffs and defendants are given equal opportunities to present their cases in the court.

Sure to say, the principles of procedural law ensure fairness and good faith throughout the litigation process, by understanding these principles as well as the difference between the process and procedure, individuals can better understand the legal system.
The case studies given after the class illustrate how procedural law functions in real life legal disputes or disagreement which highlights the importance of understanding the procedural aspects of the law.

This contest is indeed impact, so won't learn alone I'll invite @manuelhook @presh001 and @goodybest to share with me their view and knowledge as well. I'll pretty much happy while looking forward to reading your entry. Love you all💕

Best regards to @anasuleidy: The Teacher