⭕ QUESTION || 01
Part I
Elected Law – Criminal Code 1898
Explanation:
Pakistan's "Criminal Code 1898" (CrPC) is a law that governs the procedure of criminal cases in the judicial system. This law regulates all proceedings from the beginning of the trial to its decision.
Why is this procedural law❓
Provides practical guidance: This law determines all stages of court proceedings, such as arrest, investigation, hearing, presenting evidence, and sentencing.
The mechanism provides: This law provides the courts with the methods and regulations under which they provide justice.
Protection of Rights: This law ensures that the legal rights of an accused or affected party are not violated and equal opportunities are given to each individual.
Practical enforcement: The CrPC sets specific rules for making the court's process effective and enforceable, so the law is clearly considered part of the "law of procedure".
Part (b): [Principles of Procedure in CrPC ]
1. Principle of Equality:
Under the CrPC, each party is given equal opportunities, such as the right to present a defense, the right to call witnesses, and the right to raise questions.
The purpose of this law is that no party should be given unequal or weak status in the judicial process.
2. Principle of Legal Process (Principle of Legality):
The CrPC places court proceedings within the law's purview, meaning any decision or action will be in accordance with the law.
For example, under section 342 the accused is given the full opportunity to clean up to prove his innocence.
3. Economic principle (Principle of Economy):
This law sets out clear ways to deal with cases quickly so that time and resources are not wasted.
For example, "Summary Trials" are cases that can be dealt with by simple and concise action.
4. Principle of Good Faith: Principle of Good Faith
The CrPC ensures that parties and judges act in good faith and integrity.
For example, the court does not accept any fraud or fraud while reviewing evidence and witnesses.
5. Principle of Public Transparency (Principle of Publicity):
Most of the cases are under public hearing so that the judicial process remains transparent and public confidence is established.
However, privacy is also ensured in some cases such as rape or child related cases.
6. Proof of Burden Principle (Principle of Onus of Proof):
- Under the CrPC the rule applies that the accuser (Prosecution) must bear the responsibility of pleading guilty, while the accused will be presumed innocent until proven guilty.
⭕ QUESTION || 02
Part II
Practical Case:
The case is based on a breach of contract that defines the principles of legal process and procedure. We will look at this case in detail to clarify how the "process" and "procedures" differ from each other but complement each other.
Case Background:
Mr Ramirez had rented a commercial space to Mr Perez. It was clearly stipulated in the agreement that the site could only be used for commercial purposes. However, it was later revealed that Mr Perez had begun using the site as accommodation, a breach of contract.
Mr. Ramirez approached the court on this situation and demanded the termination of the agreement. Along with this, they requested the court to conduct a judicial inspection of the place to confirm that residence had been taken there. The court accepted the inspection and set a time and date for it.
(a) Identification and analysis of "process" and "procedure":
1. Process (Process):
A process is a set of legal proceedings by which a violation of a right is redressed or a court is approached to enforce a right. It is a broad term that describes the entire chain of legal proceedings.
Examples of processes in this case:
- Mr. Ramirez to approach the court.
- Requesting the court to take action for breach of contract.
- Demanding termination of contract.
- Submission of inspection request.
Explanation:
All these actions are part of the legal process (Process) because their purpose is to remedy the violation of rights and to achieve justice. The purpose of the process is to prove the claim and get a decision through the court.
2. Procedure:
Procedures are the specific rules and stages by which the process is completed. It defines the actions and regulations adopted to reach a court's decision.
Examples of procedures in this case:
- Requesting a judicial inspection by Mr. Ramirez.
- Court to approve this request.
- Setting time and date for inspection.
- Gathering and recording evidence during inspection.
Explanation:
These measures are part of the procedure (Procedure) as they describe the specific and systematic steps adopted to proceed with court proceedings. The purpose of the procedure is to make the action efficient, transparent and fair.
(b) In-depth explanation of processes and procedures:
Process Description:
The process begins when a person approaches the court to remedy the violation of his legal rights. It begins with the case being filed and continues until the court's final decision. Meanwhile the parties present evidence, witnesses are called, and arguments are made.
Example:
- Mr Ramirez filed a case in court.
- He demanded the termination of the agreement based on the violation of the agreement.
- Both of these points demonstrate that Mr. Ramirez used the legal process (Process) to demand that the court reinstate his rights.
Procedure Description:
Procedures are specific measures the court takes to proceed with the process. This involves filing documents, ordering a court examination, and setting dates for gathering evidence.
Example:
- Mr. Ramirez requested an inspection from the court.
- The court set a date for the inspection and ordered it to be carried out.
- Both of these points demonstrate that the court systematically advanced the case and followed regulations to obtain evidence.
(d) Conclusion:
In this case, the difference between legal process and procedure is clearly evident.
Action:
Mr. Ramirez to approach the court and demand termination of contract for breach of contract.
Procedures:
Court approval of inspection, setting date, and measures to collect evidence.
This example demonstrates how processes and procedures combine to complete a court proceeding. Processes are a large framework, while procedures are the specific details that drive the process. Both these elements are inseparable for providing justice.
⭕QUESTION || 03
Part III
Context:
In this case we are considering a situation in which a car accident occurs. In this accident, a woman named Maria drives a car and her car's brakes fail, resulting in her being hit by Pedro's car. Pedro is damaged as a result of the accident. Pedro decides to sue Maria given the situation. However, when the lawsuit is filed in court, Pedro discovers that the vehicle, which caused the accident, was actually owned by Mr. Manuel. In this complex situation, we must understand several legal aspects.
A. Identification of procedural subjects:
1. Case Filer (Plaintiff):
Pedro is the person who has been damaged as a result of the accident. Pedro's car hit Maria's car and it damaged her car. In this situation, Pedro sues as plaintiff, as they are claiming that Maria's car suffered a loss due to her brake failure. Thus, Pedro would be recognized as the plaintiff.
But here a question also arises whether Pedro's case is only against Maria or does anyone else have a hand in it? Since the damage Pedro has caused to his vehicle, they are claiming against Maria and that is their legitimacy.
2. Defendant (defendant):
Maria is the defendant in the case. Initially, they are considered to be responsible for the accident because the brakes on his vehicle failed and caused it to crash into Pedro's vehicle. Legally, if a person's car brake fails or there is some kind of technical fault in the vehicle that damages others, the person is held responsible for the accident.
Now the question arises that why did the brakes of Maria's car fail? Was the malfunction caused by another reason, such as improper vehicle maintenance or negligence of a third party? If so, Maria's liability may be partially reduced and another party may also be held responsible for it.
3. Potential Third Party (Mr. Manuel):
This new aspect comes to light in the case when Pedro discovers that the vehicle is not owned by Maria, but by Mr Manuel. If the vehicle was owned by Mr. Manuel, we have to see if the malfunctioning of this vehicle involved any negligence or negligence of Mr. Manuel. For example, if Mr. Manuel had taken care of the vehicle and the accident occurred due to brake failure, then in that case he may have been the responsibility of Mr. Manuel.
Now the question is, was the responsibility for the maintenance and repair of the vehicle on Mr. Manuel? Were they aware of the technical condition of the vehicle and did they try to keep it in proper condition? If this was not the case and an accident occurred due to a malfunction in the vehicle, Mr. Manuel could be held responsible. In this case, they can be added as defendants and sued on Pedro's behalf.
Description of the location of the characters in the case:
Pedro (plaintiff):
Pedro is the person in the case who has filed the lawsuit because he was harmed in the crash. Pedro claims that Maria's car suffered damage due to her brake failure. It becomes their responsibility as plaintiffs to seek redress for their loss.
Maria (defendant):
Maria is the man who drove and whose car crashed into Pedro's car due to brake failure. Initially, Maria is being blamed for the accident because her vehicle had a technical fault in it, which is led to accident. There is also the possibility that the malfunction may have been caused by another cause, such as a reduction in the vehicle maintenance.
Mr. Manuel (potential defendant):
When Pedro discovers that the vehicle was owned by Mr. Manuel, it's mean that Mr. Manuel can also included in the case. If an accident is occurred due to the vehicle's brake failure, Mr. Manuel's responsibility can be checked. It will also look at what was lacking in the repair and maintenance of the vehicle and whether Mr Manuel was aware of it or not.
Answer Explanation:
In this detailed analysis we identified the various legal roles and tried to understand their place in the case. The determination of the roles of Pedro, Maria and Mr. Manuel depends on whether or not the accident occurred due to their actions or negligence. In addition, it is also important who was responsible for the maintenance and repair of the vehicle and whether the accident occurred as a result of its failure.
Legal complications increase in such cases when the responsibility and role of different parties are analyzed. In this case, Pedro is likely to sue as plaintiff and Maria and Mr. Manuel are likely to be defendants, depending on how the cause of the accident will be determined.
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