CHAPTER ONE

INTRODUCTION

Computer has a relatively modest role to play at present in the proper management of organizations and modern firms. It is compulsory that based on our understanding of computer and its implementation in the processing requirements of information it is ubiquitous in organization.

The project  work aimed at designing and implementing a computerized case filling system, to provide information for the effective and efficient process in the case proceedings. The work also gives the best on now timely, accurate and reliable information. It can be corrected. Also , the use of computer in our courtroom recording techniques on data collected storage of such data no matter how large and also quick access to them on retrievals. Of such information when they are required.

1.1   STATEMENT OF THE PROBEM

        One of the bottlenecks in the case filling process at present in the difficulty of securing transcripts of proceedings specially enough for appeals to be heard promptly.

        In the case of “02” conspiracy trial in great britian “R.V. Anderson(1972) QB. 304 in computers and the law page 228, for instance, back was exceptionally allowed pending the appeal because there was likely a five month delay before the transcript were available. This delay is largely caused by the difficulty in security and adequate number of short and writers and transcripers. In under developed countries during hearing in the court proceedings judges, lawyers, magistrates and court there’s mainly use the long hand and short hand in any recording procedures which in any way does not facilitate transcript productions prompt whereby some cases remain unheard in the law court for ten to fifteen years.

1.2   PURPOSE OF THE STUDY

        The purpose of this study is to design and implement a computerized casefilling system which is aimed at the useful application of computer to improve the problem stated. Hence the study tends to design and implement computer in an effective, keeping good records and adequate security of information stored.

        In countries like united states it is common for court reporting to be done on special stenographic machines one solution which has been investigated by  “Aspen system corporation” is the development of programmes capable of transcribing the stenographic tape automatically into computer readable tape, where upon transcripts could be produced on high speed printer without any delay at all. This system was made to allow more than one person talking at once, since it is very difficult distinguish what was happening and that was the purpose of this work for reporting to be heard promptly.

1.3   AIMS AND OBJECTIVES OF THESING

        The aim of this work is to create and implement a computerized casefilling system for system for effective and efficient way of court reporting to be heard promptly and for immediate judgment. It is also designs a system which is used to keep good records of data and information since the courts serves as surety and trusted to avoid fear and wear of some information.

        In the criminal trail it is to a certain the fact, apply the law of these facts that is judgment and to sentence the caused if found guilty and computer is to facilitate improving management and corporate performance by the improvement of information flow within the corporation. It is also aimed at providing accurate complete and timely data for the automation services which makes the process of information to be fast and economical. It also introduces  the use of a special stenographic machine and the use of tape recording where a programme is developed that is capable of transcribing the stenographic tape into computer readable tape.

1.4   THE DELIMITATIONS OF THE STUDY

        This work is to design and implement a computerized casefilling system which comprises the specific division on how claim are sued to the court and how best computer can be implemented to achieve the required aim and also accomplish the problem stated in the work.

        It will review related literature on how cases are being treated and trial of such cases as regards related topic and referencing to text books pertaining to it. It further relates on how cases are treated in different stages. It retrieve information contained in the write.

1.5   THE LIMITATIONS OF THE STUDY

        In this case due to financial constraints encountered the research work cannot goals that wide to gather data and information for the research work. Since Nigerian courts are not computerized, it is very difficult to give much detailed information about computer and court, again few text books completely elaborate information about computer and its information system in the law court. Again some information about computer and its information system in the law court.

        Again some information required are confidential matters, so the source were unwilling to retrieve such information required.

        A lot of problems were encountered in the process of drawing up the program for this research piece. Most of these stem from inadequate knowledge of the computer programming system in drawing the program. Other silent defects stem from the poor information storage and retrival system in the Nigeria Judicial operation. Unskilled and half baked technologists. In this area of study also impose a serious hindrance to the effective formulation of a good program. This is evident in the poor knowledge in term of computer appreciation by lawyers and personnel of the case filling commission, thereby giving wrong information with regard to this problem other administrative bottle neck in the casefilling system also caused serious drawbacks in formatting the program.  

1.6   THE ASSUMPTIONS

        In the law court in Nigeria, the problem at hand is the introduction of modern technology in achieving the aim so as to meet the required expectation of the society in the court. It is assumed that there are risks which they encountered which limits the achievement of their objectives which are the following assumptions:

1.          The use of short hand and long hand manuals in recording information which does not facilitate the job and wastes a lot time.

2.                  Also as a result of poor storage facilities, there is always the problem of tear and wear of useful information from the files.

3.          As a result of old fashioned system of storage facilities of information it makes it difficult in retrieving them when needed which allows some cases to overdue in the court.

4.          It is assumed that in the corporate body like this they don’t  use a computer which is now required in everyday activity which make it impossible for collection of accurate computer and timely information which leads to wrong casefilling taking.

5.          It is also assumed that technologist in this area are computer illiterates  and no efforts were made for them to be trained on computer use in the law court.

Furthermore, it is assumed that reporting can be heard promptly with the use of a stenographic machine during proceedings in the court room recording to evidence better simplicity and productivity.

1.7   THE DEFINITIONS OF TERMS

LAW:        It is a dynamic force for maintaining social order and preventing chaos in the society. It is difficult to imagine the existence of a community without law “HONGTON MIFFLIN” (1999) Introduction to law an the legal system, law makes courts and other officials of law and the legal system, law makes and other officials of the law help to preserve a harmonous society. General principles of English law defines law as a rule to which actions conform. Again law in the strict sence as rule of conduct imposed by a state upon its members and enforced by the courts.

COURTS: is a governmental body to which the administration of justices is delegated. Courts are established by constitution and acts of legislature HONGTON MIFFLIN (1999). A Court does not undertake to adjudicate a dispute by itself. It can do this only when someone brings controversy before it . a court is without a power to indicate proceedings or investigate situations.

TRIAL COURTS: It hears and decides controversies by determing facts and applying appropriate rules. The apposing parties to a dispute argue their position by presenting arguments on the law and evidence on the facts in the form of document and testimony from witnesses it is done before a single case sometimes in the presence of a jury.

In a trial without jury the judge controls the entire the land determine the outcome. APELLATE COURTS: It reviews the decision of a trial court generally an appeal will be only form a final decision of a lower court.

CHAMBERS: The private room of the judge.

CHIEF JUSTICE: The presiding or principal judge of a court.

JUDGE: Is a public officer lawfully appointed to decide instigated questions according to law. An assult on a  judge sitting in court is not only punishable as a contempt but indictable as a crime against public justice and more aggravate than an ordinary assult.

LAWER: A person who for fee or reward prosecutes or definds causes in courts of records or other judical tribunal or whose business is to give legal advice in relation to any cause or matter whatever.

MAGISTRATE: Is a public civil officer invested with some part of the legislative executive or the judicial power given by the constitution

WRIT: Is issued by a court other competent juridiction and it is  returnable to the same

SUMMONS: To notify the defendant that an action has been instituted against him an he is required to answer to it at a time and place named.

CLIENT: one who employ and retains as attorney or counselor to manage or defend a suit or action to which he is a party or to advice him about some regard manners.

CLAIM: A challenge of the ownership of a thing which is wrongfully with held form the possession of the claimant.

SUE: To commence or to continue legal proceedings for the recovery of a right.

PLANTIFF: He who complains he who in a personal action seeks a remedy for an injury to his rights.

DEFENDANTS: A party sued in a personal action. It does not strictly apply to the person opposing or denying the allegations of the demand ant in a real action who is properly called the tenant.

CHARGE: A duty or obligation imposed upon some persons. In practice, it is an instruction given by the court to the grand jury at the commencement of their sessions in regard to their duty.

LAWCHARGE: Costs incurred in court in the prosecution suit to be paid by the party cast.

PROCEEDING: The form in which actions are to be brought and defendant, the manner of intervening in suits of conducting them. The mode of deciding them of opposing judgments and of executing. It includes certified copies of pleadings on which the case was tried.

JUDICAL DOCUMENTS: This are the paper and proceedings which constitute or become part of the record of a litigation. They include the write, pleadings, documentary proofs, verdicts inquisitions, judgment and decrees indient to a cause of judicial proceedings.

TRIAL: The examination before a competent tribunal according to the laws of the land.

LITTIGATION: A contest, authorized by law in a court of justice, for the purpose of enforcing a right.

HEARSAY: is a kind of evidence which does not draw its value solely from the credit to be given to the tactness himself, but rests also in part of  the veracity and competency of some other persons.

WITNESS: One who testifies to what he knows under oaths.

GUILTY: The condition of a person who is charged with a crime, misdemeanor or test admits or confesses it.

ACCUSED: One who is charged with a crime on misdemeanor. It cannot be said to apply to a defendant in a civil action.

HEARING: The trials of a chancery suit. When the cause is called on in court the pleadings on each side are opened in a brief manner by the court by the junior counsel for the plaintiffs.

JUDGEMENMT: The conclusion of law upon facts found or admitted by the parties or upon their default in the course of the suit. the language of judgments, therefore is not that it is decreed or resolved by the court but it is considered.

SENTENCE: A judgment of judicial declaration made by a judge in a case. Judgment is more usually applied to civil and sentence to criminal proceedings. Sentence are final when they put an end to the case.

MANAGEMENT INFORMATION SYSTEM: Is an information system whose prime purpose.