Written Evidence - Part 2 - Week4
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Questions and Answers

Who bears the burden of proof in a claim of forgery concerning informal documents?

The litigant claiming forgery bears the burden of proof.

What action does the court take if the validity of the handwriting, signature, seal, or fingerprint remains unestablished?

The court shall order an investigation by comparison or by hearing witnesses.

What may happen if the litigant assigned with the burden of proof fails to appear in court?

The court may forfeit his right to proof.

What is required from the party challenging the authenticity of a document during court proceedings?

<p>The party must appear in person to provide a specimen of their handwriting.</p> Signup and view all the answers

If a litigant admits the validity of a seal on an informal document but denies affixing it, what must they claim?

<p>They must make a claim of forgery.</p> Signup and view all the answers

What must a litigant do if they deny knowledge of an informal document that is invoked against them?

<p>The opponent has the burden to prove it was issued by the litigant or their predecessor.</p> Signup and view all the answers

What happens if the party who challenges the authenticity of a document refuses to provide a handwriting specimen?

<p>The court may rule the document's authenticity.</p> Signup and view all the answers

What role do witnesses play in establishing the validity of a disputed document?

<p>Witnesses can be heard to provide testimony regarding the writing, signature, seal, or fingerprint.</p> Signup and view all the answers

What types of documents are accepted for comparison in the absence of agreement between litigants?

<p>Formal documents with handwriting, signatures, seals, or fingerprints; acknowledged parts of documents; court-affixed signatures; and ordinary documents proven to be ascribed to the litigant.</p> Signup and view all the answers

What is the penalty for denying the authenticity of a document that is later ruled authentic?

<p>A fine between 3,000 and 10,000 dirhams may be imposed.</p> Signup and view all the answers

At what stage of proceedings can a claim of forgery be made?

<p>A claim of forgery may be made at any stage of the proceedings.</p> Signup and view all the answers

What must the claimant of forgery provide to the court?

<p>The claimant must deliver the allegedly forged document or its copy to the case management office.</p> Signup and view all the answers

What happens if a claimant refuses to deliver the document they claim is forged?

<p>The claimant forfeits their right to claim forgery.</p> Signup and view all the answers

What authority does the court have regarding a document in the opponent's possession if a forgery claim is made?

<p>The court may instruct the opponent to deliver the document or order its seizure.</p> Signup and view all the answers

Can a claimant waive their claim of forgery after initiating proceedings?

<p>Yes, a claimant can waive their claim before the end of investigation procedures.</p> Signup and view all the answers

What happens to a claim of forgery if the claimant waives it after making the claim?

<p>No claim of forgery shall be accepted from them after their waiver.</p> Signup and view all the answers

What action can the party accused of forgery take to terminate the investigation procedures?

<p>The party accused of forgery can relinquish the allegedly forged document.</p> Signup and view all the answers

What penalty may a claimant of forgery face if their claim is dismissed?

<p>The claimant may face a fine of not less than 3,000 dirhams and not more than 10,000 dirhams.</p> Signup and view all the answers

Under what circumstances will no fine be imposed on the claimant of forgery?

<p>No fine will be imposed if the claimant waives the claim before the end of the investigation or if some of their claims are proven.</p> Signup and view all the answers

What recourse does someone have if they fear a forged document may be used against them?

<p>They can sue the person in possession of the document and anyone who benefits from it.</p> Signup and view all the answers

What does 'the principle of proof in writing' refer to?

<p>It refers to any writing from the litigant that makes the existence of the alleged act a near possibility.</p> Signup and view all the answers

What are the requirements for a document issued outside the UAE to be accepted as evidence?

<p>It must be certified by the competent authorities in both the state of issue and the UAE.</p> Signup and view all the answers

What happens if a document is proven to be forged?

<p>The court shall refer the forged document to the Public Prosecution for necessary measures.</p> Signup and view all the answers

What is the consequence for a claimant who intentionally deceives their opponent regarding forgery?

<p>If proven, the claimant may be fined despite waiving their claim.</p> Signup and view all the answers

Flashcards

Claim of Forgery

An assertion that a document has been falsified or improperly created.

Burden of Proof

The obligation to prove one's assertion or claim in a legal dispute.

Informal Documents

Documents that are not officially recognized, such as personal letters or notes.

Court Investigation

A judicial process to verify the validity of documents and signatures.

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Comparison Method

A technique used by courts to analyze handwriting or signatures against known samples.

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Right to Proof

The entitlement to present evidence to support a legal position in court.

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Specimen of Handwriting

A sample of an individual's writing used for comparison in forgery cases.

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Refusal to Provide Specimen

When a litigant does not offer their handwriting sample, affecting the case's outcome.

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Claimant's Dismissal

The party can terminate forgery investigation by relinquishing the forged document.

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Fines for False Claims

If forgery claim is dismissed, fines between 3,000 and 10,000 dirhams may apply, unless waived.

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Waiver before Investigation

The claimant incurs no fines if they drop the claim before investigations end, unless deceit is proven.

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Public Prosecution Referral

If a document is proven forged, it is referred to the Public Prosecution for action.

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Litigation Procedures

Anyone fearing a forged document can sue those possessing or benefiting from it.

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Proof in Writing Principle

Evidence in writing can be substituted by judicial admission or conclusive oaths if connected.

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Near Possibility Writing

Any writing that suggests an act's existence can qualify as valid evidence, like unsigned debt notes.

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Foreign Document Acceptance

The court may accept foreign documents if certified and not against UAE public order.

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Accepted document types for comparison

The valid documents for comparison include handwriting, signature, toll, and fingerprints affixed to formal documents.

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Document authenticity acknowledgement

The part of the document acknowledged by the litigant for authenticity is valid for comparison.

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Claiming forgery

A forgery claim can be made at any stage of the proceedings, requiring grounds for the allegation.

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Investigation of forgery claims

If forgery is material, the court may order an investigation through comparison or witness hearings.

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Document delivery for forgery claim

Claimants must deliver the allegedly forged document or its copy to the case management office.

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Consequences of non-delivery

Refusal to deliver the document forfeits the right to claim forgery for the refusant.

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Seizure of documents

The court may order the seizure of documents if they are relevant and not provided voluntarily.

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Waiving a forgery claim

Claimants can waive their forgery claim before the investigation ends, and cannot re-file afterwards.

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Study Notes

Written Evidence - Part 2

  • A claim of forgery can be made for both official and informal documents, but denial is limited to informal documents. The person claiming forgery must prove their claim.
  • If a person denies issuing an informal document, or their successor/representative denies the issuance or knowledge of it, the burden of proof shifts to the opposing party.
  • If a litigant admits the validity of a seal on an informal document but denies affixing it, a claim of forgery is made.
  • If a person denies their handwriting, signature, seal, or fingerprint on an informal document, or their successor/representative denies this, and the other litigant continues to possess the document as material to the dispute, the court orders a handwriting/signature investigation if necessary. The comparison is done by court or judge, as appropriate.
  • If a litigant with the burden of proof fails to appear without an acceptable excuse, the court may forfeit their right to proof. Lack of appearance by the opposing party might lead the court to consider presented papers as valid.
  • If the challenged party refuses to provide a handwriting sample, the court rules on the authenticity of the document.
  • The following documents are valid for comparison in cases where litigants disagree:
  • Handwriting, signature, seal, or fingerprint on formal documents.
  • Part of a document where authenticity is admitted.
  • Handwriting, signature, or fingerprint which a litigant provides to the court.
  • Handwriting, signature, seal, or fingerprint on ordinary documents proven to belong to the litigant
  • If a document is ruled authentic, the party who denied it faces a fine of 3,000 to 10,000 dirhams, without prejudice to the party's right to compensation. No fine is imposed on the successor if denial is limited to denying knowledge.
  • Claims of forgery can be made at any stage of proceedings. The claimant must specify grounds. If insufficient evidence leads to insufficient proof, a court-ordered investigation or witness hearing occurs.
  • The claimant must deliver the allegedly forged document or a copy to the case management office. Refusal causes forfeiture of their right to claim forgery. The court may order the delivery of documents if these are in the opponent's possession. If an opponent refuses, the document is considered non-existent.
  • A person who claims forgery can waive the claim before the investigation procedure ends. A party facing a forgery claim can end procedures by relinquishing the document. If the claimant requests, the court may seize the document for the legitimate interest of the case.
  • If a forgery claim is dismissed or the claimant's right to proof is forfeited, the claimant is fined 3,000 to 10,000 dirhams. No fine is imposed if the denial is to avoid the court's judgment delay. If the document is proven forged, the Public Prosecution is notified.
  • A person fearing a forged document against them can sue the possessor and beneficiaries of the document.
  • In cases requiring written evidence, judicial admission, a conclusive oath, or a supported "proof in writing" are acceptable alternatives.
  • "Proof in writing" includes any writing issued by a litigant that strongly implies the possibility of the alleged act's existence (e.g., a signed and dated debt document).
  • The court can accept documents issued outside the UAE but certified by competent authorities in the issuing state, unless it conflicts with UAE public order.

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Written Evidence Part 2 PDF

Description

This quiz delves into the intricacies of written evidence, particularly focusing on claims of forgery in both official and informal documents. It covers the burden of proof, the implications of denying the issuance of a document, and procedures for handwriting investigations. Test your understanding of these legal concepts.

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