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Substantive law is the statutory or written law that governs rights and obligations of those who are

subject to it. Substantive law defines the legal relationship of people with other people or between

them and the state. Substantive law stands in contrast to procedural law, which comprises the rules by

which a court hears and determines what happens in civil or criminal proceedings.

Procedural law deals with the method and means by which substantive law is made and administered

e.g. The time allowed for one party to sue another and the rules of law governing the process of the

lawsuit. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights

and responsibilities in civil law.

Structure composition and function of the courts (organization, participants in

the process, adjudication process)

The Jamaican court system follows a specific chain of command the decisions/precedents set by a

higher court is held as binding upon lower courts. The lowest is the petty sessions court followed by

the resident magistrates court and then the Supreme Court which was where the case of Hayles v

Hamilton was heard originally and then appealed to at the court of appeals and the final appellate

court is the Privy Council.

Adjudication involves an independent third party considering the claims of both sides and making a

decision. The adjudicator is usually an expert in the subject matter in dispute. Also, adjudicators are

not bound by the rules of litigation or arbitration. Their decisions are often interim ones, i.e., they can

be finalized using arbitration or another process. Adjudication decisions are usually binding on both

parties by prior agreement. In other words, adjudication is generally binding for an interim period of

time in order to resolve a dispute quickly, but the very issues settled maybe arbitrated at a later time at

the request of a party for a definitive binding solution. (ADR resources, 2005) Adjudication is carried

out in various forms, but most commonly occurs in the court system. It can also take place outside the

court system in the form of alternative dispute resolution processes such as arbitration, mediation and

negotiation. However, court-based adjudication is usually significantly more formal than arbitration

and other ADR processes. In the matter at hand in the case it can be seen where the Final decisions of

the adjudicating judges is held as binding upon the parties.

In terms of being a method of resolving disputes the law serves to bring parties to a state of agreement

and make provision for

Pluralist ideology which closely follows the concepts of Talcott Parsons, in relation to political issues

such as this dictates that parties are accountable to the electorate since they will not regain power if

they disregard the opinions and interests of the people and they cannot simply represent a sectional

interest since, to be elected they require the support of various interests in society. (Haralambos &

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Holborn, 2008) Based upon this logic it can be seen where an issue would arise in the case as this

possession of a foreign citizenship and sworn allegiance to them could be seen as a lack of

unequivocal and total commitment to the people of the state, which in itself could create discord

within the society.

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Bibliography(2005, December 5). Retrieved November 20, 2010, from ADR resources:

http://adrresources.com/adr-news/319/jamaica-adjudication-arbitration

Haralambos, & Holborn. (2008). Sociology:Themes And Perspectives 7th Edition.

collins.