Assignment Presented in Partial Fulfilment of the Requirements for the Course MGMT341: Business Law
Lecturer: Mr. Felix Pearson
By Onika Blandin Student No. 2009060042
October 1st, 2014
Approval One must admit that up to this point no attention was ever given to any systems of law let alone Trinidad and Tobagos Judiciary. This assigned court visit was an opportunity for practical experience real world applicability of descriptive and analytical components of the system of law. During the month of September the differences and similarities observed in the criminal and civil proceedings at the Tunapuna Magistrate Court and the Hall of Justice High Court, solidify ones view on certain social and organisational issues such as bureaucracy, desensitisation of personnel and permissible conducts. The level of security and uses of technology at both courts such as scanners hand held and stand alone; audio recording equipment and computers was a pleasant surprise. The security and information desk personnel were curt; they informed persons as to what is expected for attire, electronic devises and general behaviour. The ambiance was clean and comfortable. There was an aesthetic apple that stood outside other government structures. Both courts had established processes some geared toward delivering the outcome of resolution, while others were clearly straight out of a colonial west minister scheme. The constant standing and bowing of those present, as the assigned figure of authority or subordinate left or entered the room, also the Magistrate or Judge was addressed as Your Worship and Your Lord. The outstanding regalia of the stewards of justice had a European flavour. This brought pictures of men in white wigs to mind and one wondering about the discomfort of such symbols of distinctions that fall under the guise of respect, contributing to the somewhat submissive, frustrated and aloofness that emanated throughout the proceedings. Tunapuna Mistreat Court
In the criminal court facts were presented by lawyers with two sides to every case a police prosecutor would present the facts in the majority of matters. In some minor cases there were no lawyers or police, private individuals represented themselves. During one session the magistrate called a defendant's name that was already in the holding area. She then called for the facts to be read and an individual from the counsel stood and read one case at a time. While a female registry, at the front of the room, record the information. After each case was read, the Magistrate asked the defendant if he actually performed the acts expressed in the reading and the defendants replied guilty. The magistrate then read the charges and the time period that the accused and now charged had to serve. A mother and her son appeared; apparently this was some sort of follow up hearing. Her Worship asked that reports be submitted. She issued another date for both parties to return to court. In the case where a vehicle was sold without the owners knowledge, and subsequently returned, as well as the misappropriated funds, a plea for dismal was granted. The magistrate magistrate sits as judge and jury. On approaching the owner of the vehicle she expressed gratitude as for the return of her vehicle but was unsatisfied and annoyed - He was not adequately punished. Hall of Justice Civil Court
Before Justice Dividers Rampersd, the proceedings initially were confusing. The fast pace of what seemed to be a basic scheduling, updating and verifying exercise as each matter was called briefly discussed and assigned dates. Justice Ramperd left the room and the various attorneys assumed their positions Robin Montano (Lawyer) expressed his anger and frustration to his colleges he keep saying It is so Stupid he seemed agitated. During the hearing he expressed apologies for his inability to move on due the Town and County clerk not preparing the need document in addition to her flippant attitude as to when it would be done. He even coated her as saying Tell the Judge he might get it next week sometime Justice Rampersad acknowledge the culture of disrespect within the civil services and adjourned the matter to November 15 2014. There was also an instance in the case of Raymond Lloyd Vs Zorida Maharaj where Mr. Lloyd was documented as being dead then the said Lloyd stood up and announced that he was alive and well. The matter was adjourned and everyone who was concerned with the matter exited the room. Base on ones research The Civil Proceedings Rules (CPR) practice along with Case Management Conference (CMC), shed light to my initially confusion, rooted in speeding up of the judicial process from issue to determination, to the extent revealed by the pleadings and documents therein disclosed are scrutinized by the judicial officer who may either encourage parties to settle or instead provide extensive directions to ready the parties for trial or refer to mediation .