SLC22-W4 / Procedural Law

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.

Source

In Nigeria, we have a law which is known as The Administration of Criminal Justice Act (ACJA), 2015. In Nigeria this is the law that governs any criminal procedure in Nigeria. It is called a procedural law because the law provides the framework on how criminal cases are being handled right from the stage of investigation to the stage of trial, appeal, and sentencing if applicable.

Why I Consider it a Procedural Law:

I consider ACJA as a Procedural Law based on the following given reasons;

• Because the law outlines the steps and processes for investigation, arrest, trial, ball, sentencing, appeal, etc in criminal cases.

• Also, ACJA is considered a procedural law, because it doesn't establish prescribed punishment or crimes but instead, it regulates how these laws are implemented to ensure there is justice and fairness.

• Also, section 293 of the law, introduces reform which kicks against time limits for remand orders to prevent someone from being in detention for long without trial.

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

In the case of Nigeria which practices, ACJA many principles of procedural law are for the sake of efficiency, fairness, and justice. This simply means the following principles are present.

Name of principles	Present in ACJA	Why
Fair hearing	This act ensures that accused persons are allowed to be heard and speak for themselves	The principle ensures that all persons in a legal dispute are treated equally and they all have equal opportunity to present a case
Due Process	This act is present in ACJA to ensure there is compliance with legal standards	It protects individuals from arbitrary actions by law enforcement.
Timeliness	This act introduces the provisions to stop (prevent) unnecessary delays in criminal trials	Timeliness is important to stop prolonged detention, as it promotes access to justice.
Presumption of innocence	This act ensures that an accused person is treated as an innocent person until he or she is proven guilty.	The principle helps to safeguard the rights of the accused and ensure fairness in the process of justice.

In Nigeria, the mechanism that enforces substantive laws while protecting the rights of people who are involved in the criminal justice process is the Administration of Criminal Justice Act (ACJA), 2015 which is the backbone of procedural law.

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Part II
Case study.

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.

Source

Firstly understanding the meaning of process and procedure is what we need to understand before we can then go ahead and identify them.

Having said that above; process means the overall framework or a system through which justice is been given or administered. It has to do with the entire legal structure that ensures the enforcement of rights and protection of rights. On the other hand, procedure means the specific steps, methods, or actions that are prescribed by law to carry out a process.

Identification

Facts that identify with Process

Mr. Ramírez chooses to go to court and demand the termination of the contract for breach of a clause. Reason: because it is the part of the legal process that allows persons to seek justice through the judicial system. The legal process involves the enforcement of rights, dispute resolution, and initiation of legal claims through the proceedings of court.

Facts that identify with Procedure:

Mr. Ramírez promoted a judicial inspection of the commercial premises to verify its use as a home and the court agreed to the judicial inspection and fixed the day and time for him to carry out the inspection. Reason: he follows a specific action within the legal process which implies that the procedural act is the judicial inspection established nu the court.

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Part III
Practical Case.

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.

Procedural Subject and Their Roles	Reasons
Pedro Plaintiff (Claimant)	The reason is that Pedro is the one who initiated the lawsuit by filing the claim in court. He is looking for legal redress for the damages that are caused to his vehicle and pleading with the court to hold another person responsible
Mrs. Maria Defendant	The reason is she is the person who is being sided since she was driving the vehicle at the time the accident occurred. Maria is required to respond to the claim of Pedro in court and she may defend herself by arguing that the accident was caused by break failure and not due to her negligence.
Mr. Manuel Third party	Since Mr. Manuel is the owner of the vehicle, he may be taken to court to stand as the third party.
Court Judicial Authority	This is because the court is responsible for managing the proceedings, evaluating evidence, and making a final judgment that is based on the law. It is the court that ensures that all parties' legal rights are protected and respected.

This is all I have to say concerning the case. Thank you 🙏

I am inviting; @dove11, @simonmwigwe, and @ruthjoe

Cc:-
@anasuleidy

Reference - PDF file