Podcast
Questions and Answers
In the context of forgery claims, which of the following actions by a litigant related to an informal document would NOT automatically lead to a claim of forgery?
In the context of forgery claims, which of the following actions by a litigant related to an informal document would NOT automatically lead to a claim of forgery?
- Admitting the validity of the seal but denying affixing it.
- Denying the signature on the document.
- Denying the handwriting on the document.
- Acknowledging the document's existence but denying knowledge of it. (correct)
If, during a document comparison, the litigant with the burden of proof fails to appear without an acceptable excuse, the court is obligated to consider papers presented by the opponent as valid.
If, during a document comparison, the litigant with the burden of proof fails to appear without an acceptable excuse, the court is obligated to consider papers presented by the opponent as valid.
False (B)
What specific action is required of a party challenging the authenticity of a document when ordered by the court for comparison purposes?
What specific action is required of a party challenging the authenticity of a document when ordered by the court for comparison purposes?
Provide a specimen of their handwriting at the scheduled hearing.
If a court rules an entire document authentic after a challenge, the person who denied it faces a fine ranging from 3,000 to 10,000 dirhams, potentially along with being liable to pay ______.
If a court rules an entire document authentic after a challenge, the person who denied it faces a fine ranging from 3,000 to 10,000 dirhams, potentially along with being liable to pay ______.
Match each scenario with the appropriate legal consequence or action:
Match each scenario with the appropriate legal consequence or action:
Under what circumstances would a claimant of forgery NOT be fined if their claim is dismissed?
Under what circumstances would a claimant of forgery NOT be fined if their claim is dismissed?
A successor denying knowledge of a document can be fined the same amount as the original party if the document is proven authentic and critical to the case.
A successor denying knowledge of a document can be fined the same amount as the original party if the document is proven authentic and critical to the case.
According to the content, at what point in legal proceedings can a claim of forgery be introduced?
According to the content, at what point in legal proceedings can a claim of forgery be introduced?
A party against whom forgery is claimed can end the investigation by giving up the document that is said to be forged, at which point the court might order the filing or ______ of the document.
A party against whom forgery is claimed can end the investigation by giving up the document that is said to be forged, at which point the court might order the filing or ______ of the document.
In cases where written evidence is required, what alternatives are acceptable to replace it?
In cases where written evidence is required, what alternatives are acceptable to replace it?
The 'principle of proof in writing' refers exclusively to signed documents directly related to the matter at hand.
The 'principle of proof in writing' refers exclusively to signed documents directly related to the matter at hand.
Explain what is meant by 'the principle of proof in writing' and give one example as described in the content.
Explain what is meant by 'the principle of proof in writing' and give one example as described in the content.
According to the content, a court may accept paper or electronic documents issued outside the UAE as evidence if they are certified by the competent authorities in both the state of issue and in the UAE, unless it violates the UAE's ______.
According to the content, a court may accept paper or electronic documents issued outside the UAE as evidence if they are certified by the competent authorities in both the state of issue and in the UAE, unless it violates the UAE's ______.
What should the court do if the facts and document are not sufficient to prove authenticity or forgery of an alleged document?
What should the court do if the facts and document are not sufficient to prove authenticity or forgery of an alleged document?
Once a party waives their right to claim forgery, the opposing party is then obligated to continue the investigation at their own expense to fully resolve the matter.
Once a party waives their right to claim forgery, the opposing party is then obligated to continue the investigation at their own expense to fully resolve the matter.
Flashcards
Claim of forgery
Claim of forgery
A declaration that a document or signature is not genuine.
What documents can be subject to forgery claims?
What documents can be subject to forgery claims?
Official and informal documents.
Who has the burden of proof in a forgery claim?
Who has the burden of proof in a forgery claim?
The litigant claiming forgery.
Grounds for Document Denial
Grounds for Document Denial
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Court's Action on Document Dispute
Court's Action on Document Dispute
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Consequence of Not Appearing
Consequence of Not Appearing
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Refusal to provide handwriting specimen
Refusal to provide handwriting specimen
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Accepted document comparisons
Accepted document comparisons
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Penalty for False Denial
Penalty for False Denial
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When can a claim of forgery be made?
When can a claim of forgery be made?
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What happens if the claimant refuses to deliver the document?
What happens if the claimant refuses to deliver the document?
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What can someone claiming forgery do before the investigation ends?
What can someone claiming forgery do before the investigation ends?
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Consequence of dismissed forgery claim
Consequence of dismissed forgery claim
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Action against Forged Document
Action against Forged Document
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"Principle of proof in writing"
"Principle of proof in writing"
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Study Notes
- Forgery claims are applicable to both official and informal documents.
- Handwriting, seals, signatures, or fingerprints can be contested on informal documents only.
- The litigant alleging forgery is responsible for substantiating the claim.
- The burden of proof shifts to the opponent if a person denies issuing an informal document, or knowledge of it.
- If a litigant acknowledges a seal on an informal document but denies placing it, they must claim forgery.
- If a person denies the handwriting, signature, seal, or fingerprint on an informal document invoked against them and the other litigant persists with the document:
Investigation Order
- An investigation is ordered by the court.
- This is executed by comparison or through witness testimony.
- Testimony is limited to the writing, signature, seal, or fingerprint on the document.
- A court or supervising judge arranges a meeting for litigants to present relevant comparison documents and reach an agreement.
- Should the litigant with the burden of proof fail to attend without a valid excuse, they may lose their right to proof.
- If their opponent fails to appear, papers for comparison may be validated.
- A party contesting a document's authenticity must provide a handwriting sample in person on the scheduled date.
- Refusal to appear without excuse or provide a specimen may lead the court to affirm the document's authenticity.
- Documents accepted for comparison if litigants disagree include:
- Handwriting, signature, seal, or fingerprint on formal documents.
- The disputed section of the document which is acknowledged by the litigant
- A handwriting, signature, or fingerprint made before the court.
- A handwriting, signature, seal, or fingerprint affixed to ordinary documents ascribed to the litigant.
- If the document is deemed authentic, the denying party will be fined between 3,000 and 10,000 dirhams, pending compensation for the concerned party.
- A successor who denies knowledge wont be fined
- Forgery claims can be raised at any point in the proceedings.
- The claimant must detail the basis for the alleged forgery.
- An investigation is ordered if the forgery claim is vital and the details of the case are insufficient.
- The claimant must provide the allegedly forged document to the case management office, either the original or a copy that was communicated to them
- Failure to provide causes forfeiture.
- Should the document be held by the opponent, the court can compel its delivery.
- Should the court be unable to seize the document, it will be considered non-existent, but later seizure is not precluded if possible.
Waiver
- A forgery claimant can waive their claim before the end of the investigation..
- After a waiver, a forgery claim is not accepted.
- Investigation into the forgery can be terminated if the party against whom forgery is claimed relinquishes the document.
- A claim which is dismissed because it proves a right to claim forgery is forfeited, the claimant may be fined between 3,000 and 10,000 dirhams, pending compensation for the concerned party:
- A claimant who waives their right before the end of the investigation wont be fined
- The fine will not be imposed if some of the claims are proven to be true
- If a document is forged, it is presented to the Public Prosecution, combined with related minutes, to take the necessary steps.
- Lawsuits can be filed against anyone possessing or benefiting from a forged document.
- Judicial admission, oaths, or "proof in writing" can substitute written evidence where necessary.
- "Proof in writing" is any document that suggests the likelihood of the alleged act, like an unsigned debt document written by the borrower.
Foreign Documents
- The court can accept documents from outside the UAE that are certified by officials from the issuing authority in the UAE, unless they go against UAE public order.
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