Legal Defenses & Technology's Impact in Arab Countries PDF

## ثري دايما في العالي **Legal Defenses** * **Substantive and Procedural Defenses**: Legal defenses are based on violating the provisions of the law and are divided into substantive and procedural defenses. They can be raised for the first time even before the Court of Cassation. * **Example of...

## ثري دايما في العالي **Legal Defenses** * **Substantive and Procedural Defenses**: Legal defenses are based on violating the provisions of the law and are divided into substantive and procedural defenses. They can be raised for the first time even before the Court of Cassation. * **Example of Substantive Defenses:** * The plea for the absence of an element of the crime, such as the absence of the material element with its elements or criminal intent. * The plea that one of the legal aggravating circumstances that the prosecution requested to apply to the incident was not proven, or that it was not investigated according to the facts of the case. * The absence of an element of civil liability; of error, damage and causation. * **Example of Procedural Defenses**: * The plea for lack of jurisdiction and the plea for non-acceptance of the case due to lack of capacity or interest. **Pleading Forms** * There are many methods used by lawyers to plead before the courts, which reflect the relative disparity in their different abilities in presenting ideas and confronting opponents. The method used is also determined by the nature of the case, whether it is civil or criminal. The methods of pleading are limited to the following methods: * **First/Recitation**: This method depends on writing the pleading and reading it from the papers written before the court. * **Second/Improvisation**: This method requires special abilities. It requires the lawyers to have: * mental presence * acumen * ability to gather all the elements of the case * memorize them by heart. * **Third/Written improvisation**: This method relies on combining the two previous methods by writing structural elements of the subject matter of the case arranged in a specific way to guide it during its improvisation before the court * **Fourth/Written improvisation**: This method is characterized by combining the advantages of the previous two methods. **Principles for Pleading** * Whatever the method used for pleading, the following must be observed: * **Seeking to know the judge's psychology**: This includes understanding the judge's orientations, way of thinking, and whether the way to convince him is through the power of emotion or the power of reason. * **Starting with the strongest defenses**: Use the strongest defenses supported by the strongest evidence, with the aim of winning over the judge, and weakening the opponent's position. * **Direct statement versus deduction**: Conviction may not come with a direct statement, but by raising a set of interrelated facts, leaving the conclusion to the judge. * **Strategic planning**: Adopt alternative solutions, so that if the progress of the pleading is not as expected, an alternative route must be followed. **Technology and Jobs in Arab Countries** * **Competition from new technology**: New technology will compete with workers in Arab countries for every future job and many jobs will be fully replaced. * **Digital jobs**: Future jobs will be either digital jobs or functions using digital tools. * **Arab reliance on technology**: Arab companies and institutions rely increasingly on technology by reason of their multiple advantages. * **Inequality and the use of technology**: Technology can adversely affect employment, especially in terms of inequality. Some individuals will greatly benefit, while others may find themselves discriminated against. * **Equal technological capabilities in Arab countries**: Arab countries have almost equal technological capabilities in terms of equipment, expertise and utilization. * **Obstacles to technological adoption**: Administrative obstacles have slowed the adoption of technology in some countries. * **Challenges in the Arab world**: Key challenges facing the Arab world due to the adoption of technology include: * The possibility of replacing jobs with technology * The dramatic decline in wages * Increased unemployment rate * Inequality in the types of jobs and wages * Increasing tensions in Arab societies * Development of labor relations * **Greater negative impact of technology in Arab countries**: The chances of confronting the negative impact of technology in Arab countries is greater than in other countries (especially European and American countries). * **Hope for the future**: The high proportion of young people in Arab countries gives hope for the absorption of elements of modern technology because of their potential to: * Study and train with a developed modern scientific method. * Work on developing programs that provide real additions. * **Arab interest in engineering and technological sciences**: There is a great interest in Arab countries to learn engineering and applied technological sciences in Arab universities and institutes. * **The Arab economic and political landscape**: Arab countries have huge financial resources (especially the Gulf countries) to acquire advanced technology and employ it in different workplaces. They can also spend on education and training programs. * **Arab interest in modern technology**: Arab countries have a strong interest in acquiring and benefiting from modern technology because they are developing countries seeking to attract different investments. * **Arab preference for IT and engineering**: Statistics show Arabs prefer to study information technology and engineering sciences. * **Solutions for unemployment in Arab countries**: * **The best solution**: Employ trained and qualified workers. * **The temporary solution**: Unemployment insurance. * **Arab laws and unemployment insurance**: Arab laws suffer from inadequate and ineffective regulation of unemployment insurance compared to European laws, where unemployment insurance covers up to 90% of the salary and is applicable for four years. * **Protection against the prospect of replacing jobs with technology**: Protection against the prospect of replacing jobs with technology in Arab countries should be addressed not only in terms of fighting unemployment, but also in terms of sustainable development. ## **Glossary of Legal Terms** * **Acquittal**: A jury verdict that a criminal defendant is not guilty or the finding of a judge that the evidence is insufficient to support a conviction. * **Active Judge**: A judge in the full-time service of the court. * **Administrative Office of the United States Courts (AO)**: The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions. * **Admissible**: Evidence that may be considered by a jury or judge in civil and criminal cases. * **Affidavit**: A written or printed statement made under oath. * **Alternative Dispute Resolution (ADR)**: A procedure for settling a dispute outside the courtroom. * **Amicus Curiae**: Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. * **Appeal**: A request made after a trial by a party that has lost on one or more issues. * **Appellant**: The party who appeals a district court's decision, usually seeking reversal of the decision. * **Appellate**: A court that has the power to review the judgment of a lower court. * **Arraignment**: A proceeding in which a criminal defendant is brought into court, told of the charges and asked to plead guilty or not guilty. * **Assets**: Property of all kinds, including real and personal, tangible and intangible. * **Assume**: An agreement to continue performing duties under contract or lease.