Legal Principles and Burden of Proof - Week1

The court can disregard the outcome of an evidence procedure if it indicates the grounds for doing so in its judgment or decision.

Yes, it is legally binding. The text states that the court shall apply the litigants’ agreement unless it violates public order.

The court must clearly indicate the grounds for the amendment in the minutes of the hearing, whether electronically or on paper.

<p>The text states that their usual gesture shall be accepted as their written testimony.</p> Signup and view all the answers

<p>The court should delegate the case to the court located at the witness's place of residence in RAK, following the provisions on letters rogatory outlined in relevant legislation.</p> Signup and view all the answers

<p>No, the text explicitly states that the clerk does not have to attend expertise meetings.</p> Signup and view all the answers

<p>These procedures must be conducted in writing for mute individuals and those of similar status.</p> Signup and view all the answers

<p>This requirement ensures clarity and transparency in the agreed-upon rules of evidence and avoids disputes arising from ambiguous verbal agreements.</p> Signup and view all the answers

<p>Productive facts are evidence directly relevant and helpful in proving or disproving a claim. In the landlord-tenant example, rent receipts for periods <em>after</em> the dispute are productive because they create a presumption of regular payment. Rent receipts for periods <em>before</em> the dispute are not productive because they don't directly address the current issue.</p> Signup and view all the answers

<p>These facts are considered inadmissible because they violate principles of public policy or legal norms. Gambling debts are often associated with risky behavior and might be unenforceable, and attempting to prove an unconventional family relationship could have social and legal repercussions.</p> Signup and view all the answers

<p>Judges must base decisions on evidence presented in court, not on personal experiences. If a judge witnessed a contract being signed outside of court, they cannot use that knowledge to rule on a case involving that contract because it wasn't formally presented as evidence.</p> Signup and view all the answers

<p>Binding evidence applies universally to all parties involved in a case. Admission as evidence only binds the person who admitted to the fact. For example, a witness's testimony is binding on everyone, while a party's confession only binds them.</p> Signup and view all the answers

<p>The court evaluates contradictory evidence and decides what it considers more probable based on the circumstances of the case. If the court can't determine the most probable version, it will reject all contradictory evidence. The court must justify its decision in its ruling.</p> Signup and view all the answers

<p>Form - a specific type of documentation - isn't always required to establish an obligation. However, if a special law or prior agreement between the parties specifies a particular form, such as a notarized document, it becomes mandatory. For example, a written contract might require notarization for legal validity.</p> Signup and view all the answers

<p>This phrase establishes the burden of proof. The person who brings the case (the claimant) has the responsibility to present evidence to prove their claim. Without evidence, the claim is likely to fail.</p> Signup and view all the answers

<p>This statement highlights the dynamic nature of legal positions. In a counterclaim scenario, the original defendant can become the 'claimant' by asserting a claim against the original plaintiff. For example, if a landlord sues a tenant for unpaid rent, the tenant might counterclaim by saying the landlord is liable for property damage.</p> Signup and view all the answers

Litigants can agree on evidence rules, which the court will apply unless illegal. Must be in writing.

A court must set a date for the first hearing if it initiates an evidence procedure.

Clerks attend evidence procedures and prepare minutes, signing them with the judge.

Courts may amend evidence procedures by recording the change and its reasons in the minutes.

Written evidence is needed for mute persons; gestures are accepted if unable to write.

The claimant must prove the right they claim, while the defendant must refute it.

Court typically conducts questioning but may go to the witness if necessary.

If a person is outside jurisdiction, the court may delegate to a local court for procedures.

Facts established in court must be relevant, productive, and admissible.

Provisions for seeking evidence across jurisdictions as per relevant legislation.

A tenant showing rent payment for periods they owe demonstrates a productive fact.

Facts that cannot be accepted as evidence, like gambling loans or unlikely relationships.

Judges can't rely on facts learned outside of court proceedings.

Once evidence is admitted, it applies only to the party that admitted it.

If evidence contradicts and can't be combined, courts accept what seems more probable.

Obligations do not need a specific form unless required by law or agreement.