Assalamualaikum everyone!
Welcome to the post. Hopefully, all of you will be doing well and enjoying the time with the grace and blessings of Almighty Allah. Let's move towards the today's topic of discussion which is Procedural Law.
Here
Part I
A. Choose a law from your country and explain why you consider it a Procedural Law or part of Procedural Law.
Although there are many examples of the procedural laws in Pakistan, one of the most essential one is The Code of Civil Procedure, 1908 (CPC). It provides the complete framework for how civil cases should be conducted in the courts. This law mentions the procedures for filing suits, serving notices, presenting evidences, conducting trials and delivering judgements to the cases.
This law can be considered as procedural law because it does not deal with other substantive rights (i.e, ownership or contracts) but instead of that it ensures the mechanism for enforcing and adjudicating those rights.
B. I pointed out which of the principles of procedural law are present in that law and why.
First of all, the CPS ensures that both of the plaintiff and defendant are treated equally by allowing them to present evidences, argue their cases, and appeal the decisions made by the court, without any hesitation. This ensures the Principle of Equality.
Device Principle is also respected in this law. The parties in any civil case are responsible for initiating the case, presenting their evidences and substantiating the claims as per the CPC law.
Thirdly, this law ensures that all the procedural steps must comply with the legal provisions. In case of any non-compliance it can lead to the dismissal or rejection of the claims. So, this thing ensures the Principle of Legality.
The CPC also respect the Principle of Good Faith because the parties are expected to act honestly and not to misuse any legal procedures for delay or fraud during the case.
As the court hearings and judgements are public under the CPC law, so the Principle of Publicity is also followed in this law. This thing ensures the transparency of the judgemental authorities.
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."
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.
Facts Identified with "Process":
The filing of a lawsuit by Mr. Ramírez.
The court's approval and scheduling of judicial inspection.
The ultimate issuance of a judgment after the lawsuit.
Reason:
These alll actions are part of the broader jurisdictional framework that regulates how disputes are addressed in court, covering all procedural activities necessary to reach a judgment or any final decision.
Facts Identified with "Procedure":
The judicial inspection of the premises.
Setting the date, time, and place for the inspection.
Reason:
These all are specific acts within the broader process that all follow a detailed methodology, dictating how and when the inspection is conducted to make a pure judgement.
Part III: 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."
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.
1. Pedro (Plaintiff):
He is the active subject who files a lawsuit to claim compensation for the damage caused by the vehicle. This is because Pedro is initiating the legal action to enforce his substantive right.
2. Maria (Defendant):
She is the passive subject being sued for allegedly causing the damage. This is because, Maria is the person accused of breaching Pedro's right.
3. Manuel (Third Party):
The owner of the vehicle involved in the accident. Although not initially part of the lawsuit, his ownership may bring him into the case as a third party, especially if liability is connected to the vehicle’s ownership.
4. Judge:
The neutral party who oversees the case and ensures justice is served. Basically, the role of the judge is to adjudicate the dispute impartially according to procedural law.
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