Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Discretionary Powers of the Civil Judge in Determining to Approve the Use of Personal Evidence as a Mean of Proof or Not

Author(s): Maher Jaber Aljaber, Asma'a Mohammad Al-Raqqad

Making a testimony is considered one of the most prevalent methods for proving things before the courts. There are several conditions that must be met in the witness and testimony. If such conditions aren’t met, the effectiveness of testimony in proving things shall become weaker. Assessing the effectiveness of testimony for providing things in commercial and civil transactions is determined by the judge under discretion. In case the judge didn’t accept the testimony, he shall reject it. So, the current study investigates the discretionary power of the judge in approving or rejecting the testimony in the cases involving civil and commercial transactions. It is conducted through investigating the control enforced by the court of cassation on the judge when deciding to approve or reject the testimony as a mean of proof. The researchers adopted a descriptive analytical approach through analyzing the Jordanian law of evidence, and the decisions made by the Jordanian court of cassation.

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