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西 南 交 通 大 学 学 报

第 55 卷 第 3 期

2020 年 6 月

JOURNAL OF SOUTHWEST JIAOTONG UNIVERSITY

Vol. 55 No. 3

June 2020

ISSN: 0258-2724 DOI:10.35741/issn.0258-2724.55.3.10

Research article Social Sciences

E

VALUATION OF THE

C

ASE

M

ANAGEMENT

S

YSTEM IN THE

U

NITED

A

RAB

E

MIRATES

J

UDICIAL

S

YSTEM

阿拉伯联合酋长国司法系统案件管理系统的评估

Abdulrahman Ahmed Alsuwaidi a, Arieff Salleh Bin Rosman a, Ahmed A. A. Shehab b

a Academy of Islamic Civilization, Faculty of Social Sciences and Humanities, Universiti Teknologi Malaysia Johor Bahru, Malaysia, abdulrahmanalsuwaidi2018@hotmail.com, aswar@utm.my

b

Faculty of Sharia and Law, Islamic University in Gaza Gaza City, Palestine, ashehab@iugaza.edu.ps

Received: March 6, 2020 ▪ Review: May 20, 2020 ▪ Accepted: May 30, 2020

This article is an open access article distributed under the terms and conditions of the Creative Commons

Attribution License (http://creativecommons.org/licenses/by/4.0)

Abstract

The objective of the present study, evaluation of the case management system in the United Arab Emirates’ judicial system, evolved as well as determined the concept and framework of case management, which proved to be very much essential to changing United Arab Emirates’ case management system. The results of the present research evaluated United Arab Emirates’ current case management system and developed several core findings based on this evaluation. This paper outlines the development of the basic question: what is the evaluation of the case management in the United Arab Emirates?, which is enhanced by the framework of the literature review. Most importantly, the application of the case management system is one of the most significant breakthroughs of the United Arab Emirates judicial system, transforming traditional practice with modern legal management.

Keywords: Case Management System, Electronic Case Filling, Case Workflow Management, Judicial Framework 摘要 本研究的目的是评估阿联酋司法系统中的案件管理系统,并确定案件管理的概念和框架,这 对改变阿拉伯联合酋长国的案件管理至关重要系统。本研究的结果评估了阿拉伯联合酋长国当前 的案件管理系统,并基于此评估得出了一些核心发现。本文概述了一个基本问题的发展:阿拉伯 联合酋长国对案件管理的评价是什么?通过文献综述的框架得到了加强。最重要的是,案例管理 系统的应用是阿拉伯联合酋长国司法系统的最重大突破之一,它通过现代法律管理将传统实践转 化了出来。

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关键词: 案件管理系统,电子案件填写,案件工作流程管理,司法框架

I.

I

NTRODUCTION

Evaluating and determining the area of a case management system based on UAE Judicial System is the core and the central regions of discursions the present study note. There are several perspectives based on the Judicial and with the law system of the selected country, which defined and outlined the required structural framework in the best possible manner [7]. The legal structure of UAE comprised and classified into two segments: the Federal Judiciary system presided over by the Federal Supreme Court (the highest Judicial Authority in the country); and the local judicial department at the local government level [1]. The emirates of Sharjah, Ajman Fujairah and Umm Al Quwain follow the federal legal system [8]. These states are subject to federal jurisdiction.

A considerable transformation can be identified from the proceedings of the modern case management system in UAE [3]. This evolution is based on a piece of computer software that allows people to track a great deal of client information on the computer and then use that information to define the way of practice in the judicial system [9]. This is an established system in the legal management of the majority of the developed countries, which have largely digitized documentation in the judicial system [4].

The following section of the study evaluated the overall framework. It is comprised of a literature review based on extensive secondary analysis, and determines the way to structure the rationale, research questions and research objectives of the present findings in the best possible manner [10].

Figure 1. Judicial framework in UAE [1]

A. Research Aims and Objectives

The UAE is a country where all the systems are managed in a defined manner [11]. The concept is the same in the case of the legal system, or sometimes for the tourism department [12]. Nevertheless, the study established the core framework based on the legal system of the country, to evaluate the case management system in the judicial framework.

The research objectives are as follows:

 To highlight the significance of the case management system in the judicial framework

 To identify the crucial factors in the case management system in the UAE judicial system

 To determine the evaluation process of the case management system in the UAE legal framework

 To develop a link between the UAE judicial system and judicial bodies such as the public prosecution, judges and employees

 To trace the development of the case management system in the UAE judicial framework

B. Research Questions

 What is the significance of evaluating as well as developing a case management system in the UAE legal framework?

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 What are the crucial factors that affect the case management system in the country?

 How have judicial courts across the country benefitted from the application of the case management system?

 How have the strategies adopted in the case management transformed the judicial system in the country based on different kinds of applied framework?

C. The Rationale of the Study

The objective of the current analysis is to shed light on evaluating the case management system of the UAE Judicial framework. The evolution, as well as applications of different kinds of models along with different types of theoretical framework, shall be necessary in the direction towards developing in-depth analysis based on the findings in the required manner, which will describe the current judicial structure based on the applied case management in the selected destination United Arab Emirates (UAE).

II.

L

ITERATURE

R

EVIEW

Based on the critical context of theories and models, the following findings improved the required basic structure, allowing for the determination of the best possible way to meet the research objective [13].

A. Fundamental Roles of Case Management System

1) Case Management System (CMS) in the UAE The nation of the Case Management System (CMS) in UAE was accomplished and designed with a view towards evaluating, as well as meeting the need of, the justice sector of the country. The adopted process in the current case management system in the country was designed in such a manner that enabled the government, along with the judicial framework, to improve their justice system by a fully automated comprised system. The process includes the method that defines, as well as combines, the automated court process by developing monitoring case activities along with the process towards supporting the decision-making process based on supporting decision making through the use of real-time data and analytics [14]. On the other hand, the method provides the option of strengthening the overall accessibility of, along with integrating, the whole justice system by enabling the citizens of the country to interface electronically based on the judicial bodies and services. The role of the Synergy Case Management System is to provide a complete set of opportunities and functionality, which includes the process of an online data entry system, analytical framework, reporting, evaluating the overall workflow management, along with productive system administrations, in the best possible manner [15].

Figure 2. Case management system (CMS) in UAE [2]

2) Electronic Case Filing (Case Management System) in the UAE

The idea of electronic case filing is regarded as one of the most significant aspects in the Case Management System [13]. The backlogs of the unprocessed cases are one of the considerable challenges for the court, as well as the judicial

system, to complete with the help of the limited resources. The application of the electronic case filing system provides a solution, where the online data entry capabilities in the judicial framework provide the required options. The process defines the method whereby the users can enter new case proceedings along with updating,

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as well as saving, the accessible case records in a fully customized and digital searchable database [2]. Moreover, the majority of lawyers in the county will be able to fill case documents electronically, which reduces the burden of paperwork for them and for the court system, and in opening cases towards ensuring that all credentials are concluded and filed correctly and in the required manner by following the proper format [11]. It proved to be very beneficial measured by the case for the auditor, where the senior officials will be able to view an Audit Trail along towards indicating when the case file was customized, and also by whom, in the framework [12].

Figure 3. Electronic case filing (case management system) UAE [3]

3) Case Workflow Management

The process enhanced the workflow management defined to evaluate a proper monitoring system to track the proceedings of the work case flow [10]. The methods, along with the workflow of a case management system, have proved to be unique for each court, whether at the high level or at the lower level. The components of the case workflow system define and act as a significantly robust workflow feature, allowing the administrator to take the necessary action based on the protocol and requirements of the judicial framework of the selected UAE location [10]. The application of this particular feature expedites the case processes by helping to define the associated stages, roles, and permissions based on the case management of the judicial framework [4]. Document templates allow the account staff easy access for developing, creating, and editing subpoenas, warrants, affidavits, orders, and decisions [9].

Figure 4. Case workflow management [4]

4) Developing a Proper Court Scheduling Process

One of the most crucial aspects of any system used for managing cases is organizing and measuring the caseloads, as well as calculating the time between filing a case and the commencement of dispositions in the judicial system of the country [3]. The application of the Synergy Case Management System (CMS) to the legal framework of the UAE calendar module allows a court official to schedule and reframe hearings, arrange tasks, and provide notifications while enabling them to set meetings with other court employees [9].

Figure 5. Developing a proper court scheduling process in UAE [4]

5) Case Analytics and Reporting

In the UAE, the process for determining the case analytics and an effective reporting system

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combines the activities of the judicial framework management system [4]. Tracking the court and legal performances in the legislation system allow for the monitoring of the proceedings, aiming to assist in the process, which increases responsibility, elevates public trust, and enhances confidence in the legal system of the country, improving the rule of law as a result [10]. Regarding the utilization of CMS in the UAE, the reporting module automates the overall production of the customized reports, such as lists, charts, and “Public Views,” which, in return, allows for the publication of the performance information, increasing transparency and accountability [12]. Core MS Office applications are included in the procedure and are used to ensure that the first requests for charts and graphs are presented in the best possible manner.

Figure 6. Case analytic and reporting [2]

6) Intelligent Case Allocation

The role of smart case allocation is to determine the overall framework used for the evaluation, analysis, and automatic formulation of the CMS [11]. These processes develop and assess the procedure, automatically allocating new cases to court judges, which ensures an even allocation of work and reduces the estimated time necessary for applying the examples in the best possible way [2]. The roles and responsibilities of the intelligent case allocation method evaluated the overall findings, indicating that the software system that is studied provides effective management of the automatic case allocation system used in all the courts of the UAE under the judicial framework [5].

7) Case Management Solutions in the UAE The aspects of the case management system that have been updated in several developed countries, including Dubai, defined the overall framework of the study. These updates were evaluated, and they allow the judicial system as a whole to transform the global activities of the case management system with regard to digital

technologies [13]. The process enables different kinds of affordable system case management software solutions to be evaluated with a view to examining the organized contact, calendar cases and time tracking procedures that have evolved within the core as well as the first applications [15]. The essential aspect that determines the overall case management solution is the evaluation of the proceedings, and this indicated that the process allows the country's entire judicial system to minimize and reduce the amount of paper work. It also showed that this software enhances the overall time management system, indicating that it reduces hearing times from 30 days to nine days.

B. Analysis of the Theoretical Framework and Existing Models of the Case Management System

1) Advantages of the Case Management Software Based on the study described above as well as additional discussion, there are a number of benefits for the judicial system in the UAE [14]. Several favorable aspects of the case management software have been combined to assess the core applications of the digital tools within the judicial framework, and this has allowed the governing body to handle the cases in the best possible manner. The process involved in enhancing the evidence proved to be very beneficial in establishing the overall effectiveness of the software system, based on its use for a particular feature of the judicial system of the UAE. Therefore, the following part of the analysis explains the five benefits of applying the core as well as the fundamental process of case management software.

Figure 7. Analysis of the theoretical framework and existing models of the case management system in UAE [5]

a) Reduced Human Effort

The case management software reduced the overall human effort that was associated with the proceedings of the judicial system, which resulted in getting

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things done in the best possible manner [13]. The process ensures that the effectiveness of all the essential information in the judicial system was evaluated and enhanced, and this will reduce human effort. The most important process to be identified was that which ensured the automatic completion of the tasks.

b) The Case Can Be Completed from Anywhere

The process is not restricted by any geographical boundaries in which to achieve overall activities [2]. The core application of the cloud-based networking framework that is provided is one of the significant breakthroughs that allow for the freedom to work outside of court [5]. Cloud-based applications were evaluated, along with supplies, as one of the key aspects of the present case management system, where all the essential information related to the system is available at any time and from anywhere [13].

c) Provides Best Analytical Framework The process for applying the best analytical framework involved the core application as well as the effects of the case management system [15]. Leveraging the right case management software provides the option to determine and identify the relationships between the cases, which allows for delivery of

compliance reports and resolution of cases that are associated with the judicial framework of the UAE [6].

d) Reduces Rigidity and Brings Flexibility One of the most significant aspects of the software is that the combined process enhances the option for flexibility within the framework of the judicial system [14]. This software provides opportunities for the lawyers in evaluating the measures to arrange the pending as well as the pending cases, based on both the requirements of the clients and decisions of the courts. e) Provides Optimum Security

The process of examining the case management software shows that it provides the optimum level of security in comparison to the traditional way of filing procedures [15]. The software offers the option to keep all the documents carefully and performs the process of data backup in the best possible way, so that potential data loss will be far less [13]. The application of the cloud-based system defines the process along with the framework, which combines the backup process for valuable data in the judiciary system since data are highly confidential, and it is crucial to provide user access verification [5]. Therefore, it allows users to maintain the optimum level of security within the framework that is described [2].

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Figure 8. Advantages of the case management software (maintaining the legal management CRM) [6]

III.

C

ONCLUSION

The conclusion section of the study analyzes the framework that has been described, which evaluated as well as explained the way to determine the concept of the case management system in the UAE judicial framework. This process described how the case management system transformed the traditional way for legal and legislative practice. The overall findings proved the software to be essential, describing the required framework in such a way that it allowed for structuring the research questions and research objectives based on the extensive analysis of the current literature review. The literature review included a comprehensive analysis of different kinds of secondary data for the evolution of applications of the case management system along with the process of describing the beneficial aspects of the system, where the judicial framework of the UAE has benefited along with its fundamental roles.

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Figure 1. Judicial framework in UAE [1]
Figure 2. Case management system (CMS) in UAE [2]
Figure 5. Developing a proper court scheduling process in  UAE [4]
Figure 7.  Analysis of the theoretical framework and existing  models of the case management system in UAE [5]
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