AL Trial Conclusion and their Relationship to the Consideration of the Legal Proceedings

Abstract

        This study demonstrated that the Jordanian legislator did not generally regulate the cases in which the civil cases are scrutinized, but rather through some articles only. Moreover, it dealt with the cases of examination of civil lawsuits scrutinizingly and the implications of its scrutiny, in addition to the phase of the trial conclusion and deliberation and their relationship with the examination of civil lawsuits. Also, the study tackled the Court of Cassation’s position before the Court of Appeal’s if the latter insists on its decision that was overturned by Court of Cassation. In conclusion, the study recommended the importance of amending articles (152) and (202) of the Code of Civil Procedures which will lead to unifying the legislative drafting of articles according to the jurisprudential rule “The legislator does not do idle talk”, since this rule becomes applicable where the legislator precisely chooses the appropriate legal terms and phrases which positively reflects the practical side. Additionally, the importance of amending Article (202), which dealt with cases where the Court of Appeal insists on its overturned decision, and this study recommended all the related amendments in which the Jordanian legislator should take into consideration. Some of the most important recommendations are to add a paragraph to article 202 of the Civil Procedures Law that includes the following “The members of the court whom the claim was referred to should not have amongst them any of the judges who issued the appealed judgement” and to state a specified period for the court for when a claim is referred for scrutiny as the authority of the court to refer a claim for scrutiny does not entail closing the case and does not obligate the court to issue a judgement within thirty days. This provides the court with an instrument to delay the length of court procedures by way of referring the claim for scrutiny and then misusing this right against litigants