Podcast
Questions and Answers
Which of the following best describes a 'presumption' in a legal context?
Which of the following best describes a 'presumption' in a legal context?
- A piece of evidence presented by a lawyer that is assumed to be true until proven otherwise.
- A conclusion drawn by a judge from a known fact to determine the truth about an unknown fact. (correct)
- A fact that is universally known and accepted as true without the need for evidence.
- A judge's personal belief or opinion about the facts of a case, used to guide their decision-making.
According to the Civil Procedure Law, judgments automatically have res judicata effect/force in any subsequent dispute, regardless of the parties involved or the subject matter.
According to the Civil Procedure Law, judgments automatically have res judicata effect/force in any subsequent dispute, regardless of the parties involved or the subject matter.
False (B)
Under what conditions can a court be bound by a penal judgment related to a case before it?
Under what conditions can a court be bound by a penal judgment related to a case before it?
The court is bound by the penal judgment as to the facts adjudicated in that judgment where such adjudication was necessary.
Evidence by custom and usage between litigants is admissible unless stated otherwise by law or parties' agreement and provided that it is not contrary to the ______ public order.
Evidence by custom and usage between litigants is admissible unless stated otherwise by law or parties' agreement and provided that it is not contrary to the ______ public order.
What must a party do when invoking custom and usage in a legal proceeding?
What must a party do when invoking custom and usage in a legal proceeding?
General custom always takes precedence over special custom, irrespective of the specific circumstances of a case.
General custom always takes precedence over special custom, irrespective of the specific circumstances of a case.
Under what circumstances might a court assign an expert related to custom and usage?
Under what circumstances might a court assign an expert related to custom and usage?
A ______ oath is taken by a litigant to refute his/her opponent's claim.
A ______ oath is taken by a litigant to refute his/her opponent's claim.
What is the primary purpose of a suppletory oath?
What is the primary purpose of a suppletory oath?
A suppletory oath can be tendered back to other litigant.
A suppletory oath can be tendered back to other litigant.
At what stage of the proceedings may a litigant tender the conclusive oath?
At what stage of the proceedings may a litigant tender the conclusive oath?
The person tendering or tendering back the conclusive oath may not ______ once his opponent has accepted to take the oath.
The person tendering or tendering back the conclusive oath may not ______ once his opponent has accepted to take the oath.
According to the information, what specific phrase must the oath-taker say when swearing an oath?
According to the information, what specific phrase must the oath-taker say when swearing an oath?
The court has no authority to modify the text of an oath; it must be administered exactly as presented by the party requesting it.
The court has no authority to modify the text of an oath; it must be administered exactly as presented by the party requesting it.
Under what condition is an individual allowed to have an oath administered according to the conditions prescribed by his religion or belief?
Under what condition is an individual allowed to have an oath administered according to the conditions prescribed by his religion or belief?
The oath may not be tendered as regards a fact contrary to the ______ public order.
The oath may not be tendered as regards a fact contrary to the ______ public order.
What recourse does a litigant have if an oath taken by the opposing party is later proven false by a penal judgment?
What recourse does a litigant have if an oath taken by the opposing party is later proven false by a penal judgment?
Once the person requesting an oath waives attendance, the oath can be taken without them being present.
Once the person requesting an oath waives attendance, the oath can be taken without them being present.
What two conditions must be met to direct the suppletory oath?
What two conditions must be met to direct the suppletory oath?
Who may tender the suppletory oath to either of the litigants?
Who may tender the suppletory oath to either of the litigants?
Flashcards
Presumptions
Presumptions
Conclusions a judge draws from a known fact to determine the truth about an unknown fact.
Judgments as Evidence
Judgments as Evidence
Judgments serve as evidence of adjudicated matters, but res judicata (claim preclusion) applies only if litigants' capacities don't change, rights are related and the court rules.
Court's Binding by Penal Judgment
Court's Binding by Penal Judgment
A court is bound by penal judgments related to the case regarding adjudicated facts where the adjudication was necessary.
Admissibility of Custom and Usage
Admissibility of Custom and Usage
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Invoking Custom and Usage
Invoking Custom and Usage
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Special vs. General Custom
Special vs. General Custom
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Expert Verification of Custom
Expert Verification of Custom
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Conclusive Oath
Conclusive Oath
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Suppletory Oath
Suppletory Oath
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Tendering Back Oaths
Tendering Back Oaths
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Tendering of Conclusive Oath
Tendering of Conclusive Oath
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Oath-Taking Requirements
Oath-Taking Requirements
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Restrictions on Oaths
Restrictions on Oaths
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Consequences of False Oath
Consequences of False Oath
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Tendering Oath Facts
Tendering Oath Facts
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Oath Taking Presence
Oath Taking Presence
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Judge's Role in Suppletory Oath
Judge's Role in Suppletory Oath
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Study Notes
- Presumptions are conclusions a judge draws from a known fact to determine the truth about an unknown one.
- Judgments constitute evidence regarding the matters they have adjudicated, and can be subject to the provisions of the Civil Procedure Law.
- Judgments do not have "res judicata" effect/force unless the dispute is between the same litigants, their capacity remains unchanged, and it relates to the right itself in terms of subject and cause; the court decides on this force sua sponte.
- A court is bound by the penal judgment related to a case if the facts were adjudicated in that judgment and the adjudication was necessary.
Legal Liability
- A person may not be liable under criminal law if their act isn't a crime but may be liable under tort law.
- Someone driving carefully who has an accident due to unexpected circumstances like a tire blowout may be liable for material damage.
Evidence
- Evidence by custom and usage between litigants is admissible unless stated otherwise by law or agreement and if not contrary to UAE public order.
- A custom example is getting a spare tire when buying a car.
- There is a difference between custom and usage.
- Whoever invokes custom and usage must prove its existence at the time of the incident.
- The other party can challenge it or object with stronger evidence.
- Special custom takes precedence over general custom when in conflict.
- The court may assign an expert to verify the establishment of custom and usage between litigants.
Oaths
- Conclusive and suppletory oaths can be given by litigants
- A conclusive oath is when a litigant refutes his opponent's claim.
- A suppletory oath is when a litigant completes evidence.
- A conclusive oath may be tendered back to the opponent, but a suppletory oath may not.
- Litigants may tender the conclusive oath to each other at any stage of proceedings.
- An oath may not be tendered back if it pertains to a fact not common to the litigants but concerns only the person to whom the oath is tendered.
- The person tendering or tendering back the conclusive oath may not retract once his opponent has accepted to take the oath.
- The oath-taker must say: "I swear by God Almighty to tell the truth and nothing but the truth."
- The oath can be according to the conditions of their religion or belief if requested.
- The court approves the oath's text.
- The oath may not be tendered if it contradicts UAE public order.
- The court prevents tendering if the oath is irrelevant or unproductive.
- If the oath is proven false by a penal judgment, the prejudiced litigant may claim compensation and can challenge the judgment against them.
- The person tendering the oath must accurately indicate the facts to swear upon and the oath's text.
- The court may amend the text to clearly aim at the relevant fact.
- The oath is taken in front of the person requesting it, unless they waive attendance or fail to appear despite knowing the hearing date.
- The judge may tender the suppletory oath sua sponte to either litigant at any stage.
- To direct the suppletory oath, there shall be no complete but sufficient evidence in the case.
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