Assalam-o-Alaikum! |
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Part I |
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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.
One significant example of procedural law in Pakistan is the Code of Civil Procedure (CPC) 1908. It lays up precise guidelines for managing civil cases in court including how to bring a claim offer supporting documentation and hold hearings. Every stage of the legal procedure is guaranteed to be equitable and methodical under this law. Instead than determining whether a case is correct or wrong it concentrates on the how of the legal process. Courts guarantee that justice is administered in a systematic and legal way by adhering to certain guidelines.
Because they serve as a guide for the courts and the parties involved in a case procedural laws such as the CPC are crucial. They provide guidance on how cases ought to go guaranteeing equity for all parties involved the plaintiff defendant and judge. Without such legislation the judicial system may become unjust or disorganized. These laws are a crucial component of Pakistan legal system since they guarantee that cases are heard correctly and protect rights.
B. I pointed out which of the principles of procedural law are present in that law and why.
A number of fundamental procedural law ideas are reflected in Pakistan Code of Civil Procedure (CPC) 1908. The concept of Onerousness is one such concept which guarantees that the losing party is responsible for paying the expenses of the legal proceedings. This encourages parties to file legitimate lawsuits. Additionally the CPC protects the rights of all parties by upholding the Principle of Due Process which guarantees that all stages of the case including filing hearings and judgments follow a fair and methodical procedure.
The concept of Equality is another concept found in the CPC that guarantees the plaintiff and defendant get equal treatment in court. Because court hearings are typically accessible to the public which encourages transparency the Principle of Publicity is also in place. By incorporating these The CPC is an essential component of Pakistan judicial system because it upholds the values of justice accountability and fairness.
Part II |
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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.
The entire legal procedure that Mr. Ramírez took to end the contract for violation is referred to in this instance as the Process. It covers everything from bringing the case before the court to the judge ultimate ruling. The procedure guarantees the legal hearing and resolution of Mr. Ramírez claim. It focuses on protecting the rights outlined in the rental agreement resolving the conflict between Mr. Ramírez and Mr. Pérez and delivering justice through the judicial system. The precise actions performed during the case such as the judicial inspection of the premises are referred to as the Procedure.
In order to verify whether Mr. Pérez is utilizing the property as a residence the court will also determine the time date and method of the inspection. Procedure describes how these actions are carried out.being executed guaranteeing impartiality and openness. It guarantees that all legal procedures are correctly followed so that the court has convincing evidence before rendering a judgment.
Part III |
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Case study
Mrs. Maria is driving a vehicle and its brakes fail and it 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.
Despite not being directly engaged in the accident Mr. Manuel is a third party in the case because he owns the car that Maria was driving. If ownership of the car is a factor in deciding liability he may be called to the case. The court will supervise the case as another procedural matter making sure that justice is is fulfilled by adhering to the law. All of these responsibilities guarantee that the matter is handled methodically and equitably for each and every party.
I invite @goodybest @amnasafder and @saboohi to take participate in this contest
Thank you
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@neelofar from Pakistan
@neelofar from Pakistan