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The decisions of the courts are declared late?

Preface
We study in this report that why people are facing the problems we go to the court to complete the case. What happened in this is process and what are the reasons behind that.

Letter of Transmittal
We conduct this study of Why the Decision making process of the courts are very slow? this report is findings from the work we computed. We search on the internet, read articles, get information from the lawyers and the judge, and specially our respectable Course Instructor Mr. Nasir helped us very much to complete our work. Approved by, Nasir Bukhari,

Executive Summary
This report shows that why the decisions are declared late. What are the reasons behind that? And how to solve this problems? There are two parties plaintiff and the defendant, plaintiff is a person or party who sues on the other party or person, then the other party or person is know as defendant. Judge issues the notice to the defendant to start the process of the case then the plaintiff and defendant shows the evidences in the court, then the court analyze the situation or case and make decision, that decision is obviously can be in the favor or one party but other party will not be happy with this decision. These steps are so easy to do it in the paper but actually in practical it is very much different then that. There are many complications at every stage, so that the case is hanged up to the number of years and the parties are also very hesitated in this situation.

Table of Contents
1) Introduction 2) Literature Review 3) Research Design of the Report Search the Articles Develop a Questionnaire Collecting Data Analyzing the Data Recommendations 4) Data Collection and Methodology 5) The Whole Process of the Courts Decision Making 6) Data Analysis Record Maintenance Cases are Processed in a Day Specified time to complete Case Filling the Case Issuance of Notice to Defendant Evidences Problem occurs to any party 7) Recommendations Computerized Record Target for Judge Less Time to Defend Bound and to check Sincerity Proper System of transfers and Retirement 8) References

Introduction
When a crime has been committed, the police often rely on the person harmed to tell them about the offence. Depending on the nature of the crime, it can take a great deal of strength and courage to tell someone when you have been hurt because it may be difficult and/or embarrassing to talk about what happened. For this purpose plaintiff or harmed person goes to the lawyer to hire him to sue against the person who harmed him. The lawyer takes attention to the plaintiff and make a file, that file goes to the judge and he issues notice to defendant. Normally the decisions are declared late in the courts because of the complications. Parties also use some unethical ways to cope the lawyer of the other party and to cope the judge to make the decision in his favor. Sometime they succeed in this struggle and some time they succeed partially in this struggle, then the hearings are start to delay and this also slow down k process of the decision making. In this situation the plaintiff fell very angry and try to get rid of this situation, so he close the case with the mutual consultation with the other party or to do anything else.

Literature Review
The Supreme Court's Third Century: Legitimacy, Bureaucracy, and Institutional Change By Joel B. Grossman
After the World War 1 there was a great need to secure the property rights of the people, so for that purpose Supreme Court was transformed. The legal and political systems become the broader and consistent. There are some visible controversial changes in the structure and the processes. The court has become more bureaucratic but also less cohesive and more individualistic. The courts are much more flexible and adopt changes. The courts principal objectives should establish clear so that the issues have fully protected in the lower courts. Once the term began then the justices are never take opportunity to review it. The courts should expand its information base and should be less dependant on the briefings and arguments. There should be reformulation for the decision making for any case. The justice can and will be more self-discipline than they traditionally is to tolerate. In some cases the debate is relatively useless. The law might appeal the small community of the lawyers and scholars to Vining, this impact on political experience is broad. Vining fear that it will lose the hold who read that. Politicized is only a political authority and its functions are same as the courts. Those who want to reposition the courts should have to know that the nation cant ignore this reality.

Literature Review
Not the Whole Story: The impact of justices Values on Supreme Court Decision Making By Donal R. Songer, University of South Carolina Stefanie A. Lindquist, University of Georgia
The scholars are now come to know that the policies of Supreme Court has a great interference on their decisions. The choice is forced in the coding scheme and to adopt the possibilities that court may try to achieve their targets. The justices have to select cases to review and to expand the other dimensions to see the truth. Many cases are selected to review by the Supreme Court. The opinion provides rules and regulations for the judge of the lower courts. When the justice refused by the landmark trade and then they participate in the majority that lose their holding from the case. The justice is normally rigid to its positions. The case in which the opposition wants to continue the case, they think that the preference has the large impact on the decisions. The decisions that count the justice as a supporting preference over the case have a greater impact even if parties wait for the results of the courts. The court can take much time to make some decisions, even it can take number of years. This will not only waste the money also waste the time of parties, because of the technological alterations.

Research Design of the Report


Search the Articles:The Research design of the report is to First of search and to study the articles of Courts Decisions thoroughly to understand the topic.

Develop a Questionnaire:To collect data about our report we made a proper questionnaire and then we analyze it from different aspects.

Collecting Data:To go to the kechehry to collect data from the lawyers and the other persons who knows the decision making process very well.

Analyzing the Data:The data have to analyze after collecting it.

Recommendations:To recommend some solutions for making the decision at proper time

Data Collection and Methodology


When we went to the lawyers to collect data, they did not allow us to mention their name and designation in the report. They read the questionnaire respectfully and then we got the answers from them, then we found that we are getting the consistent data from the 3 lawyers, and then we stopped the data collection because there is no need to research more because it will be the waste of time. Our data is consistent because our topic to find the reasons that slowdown the process of the courts, so 3 lawyers gave us approximately the same answer to us.

The Whole Process of the Courts Decision Making


When the plaintiff goes to the lawyer to file the case to start the proceedings then the plaintiff provides the material to the lawyer if the required material is provided to the lawyer in time then the case can be filed with in a day, but it can also be exceeded to some days. This process normally takes 3 days. In Filling the case the plaintiff will discuss the whole scenario with the lawyer then the lawyer will make the file and submit it to the branch. After that judge receives the file and issue the notice to the defendant to response. When this file is received by the judge then he issues the notice to the defendant to start the proceedings. Otherwise the 2 nd notice is issued to the defendant. If he didnt show any response on that then the court issued 3rd notice. 15 days are given to the defendant to show response for each notice. If the defendant do not show any response on any of the notice then court publish the add in the newspaper to show hi presence in the court. If still no response then the court declared the decision in the favor of plaintiff. If the defendant shows the presence in the court or to the judge then the proceedings of the case will be started. Then the plaintiff will start to show the evidence against the defendant or to proof his truthfulness. After completing the evidence from the side of the plaintiff then the defendant have to show thee evidence to secure himself/themselves. The time to show the evidence from the both parties is not defined, because it is dependent on the nature of the case. After analyzing the whole case by the judge then take decision that can be against for any of the parties. If any party is not satisfied with the decision of the court then such party will have to appeal from the higher court.

Data Analysis
Record Maintenance :The record of the courts is not computerized. So there is a high uncertainty in the record. Some data can be lost due to any reason and the most important the data finding takes much time. So the process is slow. Cases are Processed in a Day:It is totally dependent on the judge that how much he hears the cases in a single day. No body can restrict him to the specific number of cases. 120150 cases are processed in a day but the numbers can be exceeded or decreased according to the wish of the judge or any other reason. Specified time to complete Case:The specified time for the family cases is 90 days. This is the ideal time to complete family cases if the plaintiff and defendant are very much sincere to solve the case in proper time. But it can also be exceeded to 3 years. Filling the Case:In Filling the case the plaintiff will discuss the whole scenario with the lawyer then the lawyer will make the file and submit it to the branch. After that judge receives the file and issues the notice to the defendant to response. Sometimes the branch sends the file to the judge in time but sometimes the staff does not complete the work in time. Issuance of Notice to Defendant:When the judge receives the file then he issues the notice to the defendant. Now if the defendant shows presence in time then the proceedings will be starts in time. But as earlier mentioned that there are maximum three notices will be issue to the defendant to show presence in the court and defendant can show response in 15 days at each notice. So if the defendant show response to the court at the 3 rd notice and on the last day then it will be the 45 th day. So it means that the hearing was started after 45 th day of filling the case and the result is late 45 days. Evidences:Now the time comes to show the evidence by the plaintiff against the defendant in the court. Now if the plaintiff shows the evidences in time then the process will completed in time but if plaintiff is not able to show the evidence in time then the process will become slow. Maximum 4 chances are allowed to show the evidences in the court. After showing the evidences by the plaintiff then court also gives 4 chances to the defendant to secure himself/themselves. Similarly as we described earlier that evidence can be shown in time but if the defendant is not able to show the evidence in proper time then the process becomes slow. Normally the cases are delayed by the major reasons that the evidences are shown late in the court the court normally postpone the hearings to the next hearing to show the evidences. There is not time specified to show the evidence it

depends upon the nature of the case to how much time to give to the parties for evidences. There are also some other reasons by which the process become late. These reasons are as follows. Problem occurs to any party:Any problem can be occur to any of some parties, so the court then stops the hearing at this stage if the problem is genuine. Problems can be of many types a) If the person of any party hospitalized. b) If the relative of any party died. Upper Court stops the hearing of the lower Court:If the upper court stops the hearing of the lower of for any case. Like Supreme Court can stops the hearing of any case of High Court on the appeal of any party for any case. Because the upper or higher court has the authority to stop the hearing of the lower if the appeal from any party is accepted by the higher court. There is a complex procedure to accept or reject the appeal. Transfer of the Judge:If the transfer of the judge occurs then the new judge first has to settle in the new court and to take some charge. This process takes some days, so by this the process becomes slow. Retirement of the judge:The process of the court stops when the service of the judge is completed. It means when he retires. At this situation there has to be appointment of the new judge, so the hearings will not be processed when there is no judge for hearings.

Recommendations
We have the following recommendations. Computerized Record:The record of the courts should be computerized so that the uncertainty and the process of search or queries will become very fast. Target for Judge:There should be some target set for hearing the cases for judge on daily bases. Less Time to Defend:The time given to defend after notice should be less. Bound and to check Sincerity:The court should have to bind the parties to follow the case sincerely and to take less time to show evidences. Both parties Plaintiff/Defendant should be bound to show the evidence in a reasonable time. They have not to delay the hearings without any reason; there should be check and balance for both the parties to know the sincerity to solve the case. Proper System of transfers and Retirement:There should be the proper system of transfers and retirements of the Judge, the system should have the alternatives for the retirement. Next judge should take charge in reasonable time.

References
Grossman, J. B.(1989).The Supreme Court's Third Century: Legitimacy, Bureaucracy, and Institutional Change. pp 187-206. Songer, D. R. Lindquist, S. A. (1996). Not the Whole Story: The impact of justices Values on Supreme Court Decision Making. American journal of political science, vol. 40 pp 1049-1063.

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