Determining Specialties of the Jordanian Court of Cassation in Its Civil Capacity (According to Reality and the Law)

  •  Jalal Aead Shwarah    


The main objective of this research is to address the issue determining specialties of the Jordanian court of cassation according to reality and the law. To achieve this objective, the analytical comparative research design method is used depending on the legal legislations and the diligence of the Judiciary to remove ambiguity form them because of their importance and direct effect in determining specialty of court of cassation and to distinguish it from court of subject. This research is divided into two subjects: The essence of reality and essence of the law. The second topic has addressed specialty of court of cassation according to reality and the law, divided into two requirements: considering court of cassation as the upper Judicial body, and the second requirement about considering court of subject third degree of the Jurisdiction degrees. The research reached the presence of contradictions making it difficult to determine and to set a specific standard and the decisive line between what is reality and what is law. Based on the results, it is recommended the necessity for in-depth review and amendment of these two laws, setting independent legal texts for the civil trials principal law, organizing the Judges' authority technically to separate between reality and the law.

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