"If you Ruled between People that You Judge with Justice"

An effective judicial system is the cornerstone of achieving the State's basic mission, which is the administration of justice for all people, establishing the values of fairness and equality and equal opportunity, and preserving the rights of citizens and their achievements provided by the Constitution and guaranteed by laws and regulations.

Article (6/1) of the Jordanian Constitution sates that: "Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.", and article (27) of the Constitution states that: "The Judicial Power shall be exercised by the courts of law in their varying types and degrees. All judgments shall be given in accordance with the law and pronounced in the name of the King." And article (97) states that: "Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law."

According to the Judicial Independence Law, the Judicial Council sits at the top of the judicial power in the Kingdom, and along with the National Assembly and Council of Ministers embodies the separation of powers principle.  

The Ministry of Justices represents the executive arm of the Jordanian judicial system and was established on 11/4/1921 under the name of Mashawer Adliyyeh. The Ministry carries out its responsibilities and functions through its organization structure that is formed of: the Minister of Justice, the Secretary General, the Inspection Directorate, the Judicial Institute of Jordan, the Financial Disclosure Department, the Internal Audit and the Directorates of Studies and Planning Directorate, Human Resources Development, Administrative Affairs, Financial Affairs, Information Technology, International Relations, Public Relations and Buildings and Maintenance.

Pursuant to article (99) of the Constitution, courts are divided into three types: regular courts, religious courts, and special courts. Regular courts are comprised of first level of adjudication courts (conciliation and civil courts), second level of adjudication courts (Appellate court), the Cassation Court (the highest judicial entity in the Kingdom) and the High Court of Justice, which looks into administrative law issues.

Religious Courts are comprised of:

1)    Sharia Courts
2)    Tribunals for non Moslem communities  

Whereas special courts are divided into:

1. Courts in which regular judges preside over cases to include: the Grand Felonies Court, Land Conservation Court, Customs First Instance Court, Customs Appeals Court, Income Tax Appeals Court, Land and Water Settlement Court, Municipal Courts and the Special Labor Court.

2. Courts in which judges from outside the regular courts system preside over cases to include: Military Courts, the Police Court and the Military Council of the General Intelligence Department.

 3.  Courts in which some of the presiding judges are regular judges which is the State Security Court.

 In addition, there is the (Wages Authority), which may be presided over by a regular judge or by a person of specialized knowledge and experience.

The judicial system ofJordan is based on several basic principles to include:

1. Two levels of adjudication: This means that Judgments and decisions issued by conciliation and first instance courts (first degree courts) are appealed to appellate courts (second degree courts).

2. The presence of a high judicial entity: This is the Court of Cassation that looks into the judgments and decisions of the Appellate courts as well as other courts for review and audit in terms of soundness and popper application of the law.

3. Separation between the Civil and Administrative Courts: Article (100) of the Constitution stipulates "The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice."

4. Public Hearings: Court hearings are public according to article (101/2) of the constitution, with the exception of juvenile cases, which are held in camera according to the Juveniles Law.

The following addendum gives an overview of the judiciary and the judicial system in the Kingdom, the jurisdiction of courts, and the services provided by various judicial agencies, departments and supporting bodies through (100 questions and answers) that are listed in a simplified manner with succinct answers understandable to both specialized and non-specialized readers alike.

Also, the reader can access additional information and technical and procedural details though visiting the Judicial Council's website (http://www.jc.jo/), the Ministry of Justice's website (http://www.moj.gov.jo/) as well the Judicial Institute of Jordan's website (http://www.jij.gov.jo/).

 1. What are the three powers in the Hashemite Kingdom of Jordan?

Article (24/1) of the Jordanian Constitution states that "The Nation is the source of all powers" and these are:

1.    The Legislative Power
2.    The Executive Power
3.    The Judicial Power

2. Who oversees the legislative power?

Article (25) of the Jordanian Constitution states that: "The Legislative Power shall be vested in the National Assembly and the King. The National Assembly shall consist of a Senate and a Chamber of Deputies".

 3. Who oversees the executive power?

Article (26) of the Jordanian Constitution states that: "The Executive Power shall be vested in the King, who shall exercise his powers through his Ministers in accordance with the provisions of the present Constitution."

 4. Who oversees the judicial power?

Article (27) of the Jordanian Constitution states that: "The Judicial Power shall be exercised by the courts of law in their varying types and degrees. All judgments shall be given in accordance with the law and pronounced in the name of the King."

5. What is a law?

It is a legislation that is enacted in accordance with the provisions of the Constitution. The government prepares the draft bill that is approved by the National Assembly and ratified by Royal Decree after which it is published in the official gazette noting its official adoption.

6. What is a regulation?

It is a legislation enacted to implement the provisions of the law. Regulations are prepared by the concerned institution, entity or ministry and approved by the Council of Ministers after being redrafted by the Legislation and Opinion Bureau. Upon the approval of the Council of Ministers, the regulation is published in the Official Gazette noting its official adoption.

 7. What is a directive?

It is e legislation enacted to implement the provisions of a law or a regulation. It is drafted by the concerned institution or ministry, and approved by the Director General or the Chairman or the board of directors or its minister or the Cabinet upon the recommendation of the concerned minister after which it is published in the Official Gazette noting its official adoption.

 8. What is the Judicial Council?

According to the Judicial Independence Law, the Judicial Council sits at the top of the judicial power in the Kingdom, and along with the National Assembly and Council of Ministers embodies the principle of separation of powers.  

9. Who sits on the Judicial Council?

The Judicial Council is comprised of 11 members, all who are regular judges:

1.    The Chief judge of the Cassation Court as the chair of the council.
2.    The Chief judge of the High Court of Justice
3.    The Chief of the Public Prosecution before the Cassation Court.
4.    The two most senior cassation court judges
5.    Chief judges of the three Courts of Appeals (Amman, Irbid and Ma'an)
6.    The most senior inspector of regular courts
7.    The Secretary Generalof the Ministry of Justice.
8.    The Chief judge of the Amman First Instance Court

10. What are the Judicial Council responsibilities?

The Judicial Council has the legal authority over the administrative affairs of all regular judges in the Kingdom, including appointment, seconding, promotion, transfer, accountability, discipline and retirement of judges.

The Council is also concerned with issues related to judicial development and the submittal of legislative amendment recommendations, related to the justice system, the general prosecution and as well as judicial procedures, to the government for consideration in preparing draft laws and regulations.

At the beginning of each year, the Chief Justice prepares an annual report about the status and functioning of the courts during the past year. The report is presented to the Judicial Council for approval after which it is submitted to the King with a copy sent to the Minister of Justice.

11. How are the Judicial Council meetings held?

The Judicial Council meets upon the invitation of the Chief Justice at the Court of Cassation, or any place else designated by him. The meeting is legal if it is attended by at least seven of its members. The Council decisions are issued unanimously or by majority vote of all members. In the event of a split vote, the most senior judge of the Court of Cassation joins the Council.Deliberations of the Council are confidential. Disclosure of such deliberations is considered a breach of confidential court information. 

In the absence of the Chief Justice, his deputy shall fill the presidency of the Council. If both are absent, the presidency shall be filled by the most senior of those in attendance. In the absence of the Chief Attorney General the Amman Chief Prosecutor fills in. In the absence of one of the members of the Court of Cassation, his position shall be filled according to the order of seniority. In the absence of Inspector his position shall be filled by the inspector that follows him in seniority. And in the absence of any of the Chief Appeal Court judge, his position shall be filled by the most senior member of that court. The word absence here means legitimate absence from employment or vacancy of the position.

12. How are judges appointed?

Judges are appointed upon the nomination of the Minister of Justice and the decision of the Judicial Council and the endorsement of the King.  

Nominations for judicial appointment are submitted by the Minister of Justice for Judicial Council decision \and Royal Endorsement. Nominations for appointment are made for the following categories of law degree holders:

1. Practicing Lawyers: who have been in practice for at least four years, if holders of a first university (BA), or at least three years, if holders of a second university degree (MA), or at least two years, if holders of a third university degree (PhD).  

Practicing lawyers are usually appointed into the fourth, fifth and sixth levels, after passing the admissions competition conducted by the Ministry of Justice according to the Judicial Exams Regulation No. (56) of 1994.

Lawyers who have been practicing for not less than ten years, or holders of a doctorate degree in law, or have been in academia for not less than five years are exempted from sitting for the judicial admissions competition.

2. Law Clerks: Who, after graduating from law school, have served in courts at least three years performing clerical work, are seconded to the Judicial Institute to attend a one-year preparatory program during which they receive theoretical and practical training on judicial functions. Seconded clerks are appointed only after completing the program and passing the exam conducted by a committee of senior judges and appointed by the Judicial Council.

3. Judicial Diploma Holders: Clerks and lawyers having served three years are enrolled into the Judicial Institute's two-year diploma program, after passing the admissions exam. While studying at the Institute, students receive various training on legal theory and application as well as practical training. Students also sit for intensive exams for each course and are required to prepare a graduation research paper covering a legal topic. After graduation and prior to being appointed as judges, they are required to sit for an exam that is held by a committee of senior judges appointed by the Judicial Council.

13. What are the eligibility requirements for judicial appointment?

Any person appointed as a judge must meet the following general requirements set forth in the Judicial Independence Law:

1.  Hold a Jordanian nationality and not subject to foreign auspices.
2.  Twenty-seven years or older and satisfy health requirements for appointment in the judiciary.
3.   Never convicted of a felony, except if the conviction was related to political crimes.
4.    Never convicted by a court or a disciplinary board for a matter that contravenes honor, even if included in a general pardon.
5.    Exhibit laudable conduct and maintain a good reputation.

The Council has the power to appoint the person they see fit, from those nominated by the Minister of Justice, to a judicial position of any level, taking into consideration his/her credentials and experience.   Such an individual shall not be appointed at a higher level than that of his peers who graduated in the same year and possess the same credentials as him/her.

The Council reserves the right to terminate the services of any judge during the trial period if it becomes evident that he/she is not qualified or is ethically unsuitable according to considerations of the Council. 

The Judicial Council has the authority to appoint, under probation, among those nominated by the Minister of Justice for a period of three years.

14. What is the oath performed by the judge upon appointment and prior to commencement of duties?

(I swear by Almighty God to be loyal to the King and the nation, and to rule among people justly, to respect the laws, to perform my duties with honesty and dedication and to uphold the conduct of a faithful, honorable judge).

15. What is the judicial code of ethics?

The Code of Judicial Conduct is considered as a charter of honor for the judicial profession that educates judges and prosecutors on the qualities, skills and qualifications that judges must possess. It also outlines the principles, values, customs and mores which judges must abide by and observe in their professional and social conduct and in their private and public life.

The Code was drafted by a committee of judges known for their integrity, competence and experience. In drafting the code, benefit was made of the rich Islamic heritage, jurisprudence and sharia textbooks and the letter of Omar Bin Al-Khattab to the judge of Kufa, Abu Musa Al Ashari, God bless them as well as Al Majalah (Judicial Rules Journal) 

Benefit was also made of the international conventions of the United Nations, the conclusions of a number of international judicial conferences, in addition to other judicial codes of conduct, particularly the Bangalore Principles of Judicial Conduct, which established a set of judicial conduct rules adopted by the Roundtable Conference of Chief Justices that was held at the Peace Palace in the Hague in 2002.

The Judicial Code of Conduct includes (44) articles, divided into four chapters. The first chapter deals with the subject of judicial independence, the second deals with judicial safeguards, the third deals with judicial conduct, while chapter four deals with efficiency and competence.

The Judicial Code of Conduct was adopted in its final form by the Judicial Council on 19/12/2006 and was printed and circulated among judges for them to abide by it provisions.

16- Can Judges be disqualified? And how?

Both the Plaintiff and the Defendant have the right to request the disqualification of a judge for one of the following reasons as listed in Article (134) of the Civil Procedures Law:

1. If the judge or his/her spouse is party to a case similar to one that the judge is presiding over or if he/she is a party to a case involving one of the parties, unless the case was filed for the purposes of disqualifying the judge from trying the case before him/her.

2. If the judge’s divorcee (with whom he has a child), or one of his / her relatives or in-laws to the fourth degree, is in dispute with one of the parties that is being tried before the court, unless such a case was brought before the court for the purposes of disqualifying the presiding judge.

3. If one of the parties is working for the judge.

4. If the judge has a friendship with one of the parties or he/she received a gift from one of the parties before or after the initiation of legal proceedings.

5. If there was enmity or closeness between the judge and one of the parties that precludes him / her from ruling impartially.

The motion to disqualify a judge is submitted to the first instance court chief judge if the judge to be disqualified is a conciliation or a first instance judge or …..

.. to the chief judge of the court of appeals, if the judge to be disqualified is an appeals judge or a Chief Judge of a first instance court. Or ….

.. to the Chief Judge of the Cassation Court of the judge to be disqualified is a cassation judge or a chief judge of an appeals court.

 If the motion to disqualify a judge is being submitted by the plaintiff then the motion must be filed before entering into the case’s subject matter, while if the disqualification motion is being submitted by the defendant then it must be filed prior to entering the trial phase.

 If the reason for disqualifying a judge arises after entering into the subject matter of the case, the motion is accepted on the condition that the request is submitted at the first hearing after the reason for disqualifying the judge has arisen.

 17. When would a judge be unfit to try a case?

A Judge is not fit to try a case or preside over its hearing - even if no disqualification motion was submitted by one of the parties – in any of the following instances: 

1.    If one of the parties is the judge's spouse or a relative or an in-law relative to the fourth degree.
2.    If the judge or his/her spouse was in dispute with one of the parties or the party's spouse.
3.    If the judge was a legal representative or a guardian to one of the parties. Or if the judges was spouse to a guardian of one of the parties, or a relative, or an in-law relative to one of the parties or, if the company was a party to a case, one of the members of the board of directors or the company's directors if they have vested interest in the case.  
4.    If the case includes an interest for the judge or his/spouse or one of the judge’s relatives to the fourth degree.
5.    If the judge is related to one of the other judges on the panel till the fourth degree, or he/she was related to one of the parties’ representative
6.    If the judge, prior to assuming his/her judgeship, represented one of the parties in the case. Or if he / she had previously viewed the case in the capacity of a judge, an expert or an arbitrator or testified in the case.
7.    If the judge brought a lawsuit for damages against the party requesting his/her disqualification or if he/she filed a complaint before the relevant authority against such a person.

18. What are the various courts types?

Article (99) of the Jordanian Constitution states that: (Courts are divided into three types: 1. Regular Courts, 2. Religious Courts, and 3. Special Courts).

19. What are regular courts?

Regular courts are divided into first level of adjudication courts (conciliation and civil courts), second level of adjudication courts (Appellate court), atop of which is the Cassation court, the highest judicial entity in Jordan, in addition to the High Court of Justice, which looks into administrative law issues.

20- What are the Religious Courts?

The Religious courts include the following:

1.                  Sharia Courts: These courts apply the rules of Islamic Sharia (Jurisprudence), in addition to the Sharia Procedures Law, and the Personal Status Law. The Sharia Courts and judges are under the supervision of the Sharia Chief Justice aided by the Sharia Courts Director. Non-Muslim Communities Councils (Churches’ Courts): These courts have the authority to hear cases related to the personal statutes matters of members belonging to these communities. The religious communities are :

·  The Roman Orthodox Community Court.
·   The Roman Catholic Community Court.
·   The Latin Community Court.
·  The Armenian Community Court.
·  The Arab Anglican Community Court .
·  The Coptic Community Court.  

As for other communities not listed in the Communities Law, the Arab Anglican Episcopal Communion court shall have jurisdiction over all personal status matters pertinent to these communities.

 21. What are special courts?

In terms of formation, special Courts are divided into:

1.    Courts in which regular judges preside over cases:

·      GrandFelonies Court
·      Land Conservation Court
·      Customs First Instance Court
·      Customs Appeals Court
·      Income Tax Appeals Court
·      Land and Water Settlement Court
·      Municipal Courts (including Amman Municipal Court)
·      Labor Court (a court that is formed on temporary basis to look into group employment issues).

2.    Courts in which judges from outside the regular courts system preside over cases:

·      Military Courts
·      Police Court
·      Military Council at the General Intelligence Department

3.    Courts in which some of the presiding judges are regular judges such as the State Security Court.  

With regard to the Wages Authority, according to article (54) of Labor law, it is presided over by a regular judge or by a specialist with relevant experience.

22. What are the other judicial departments and agencies?

The Judicial Departments and Agencies includes the following:

1.  The General Prosecution Department
2.  Civil Public Attorney Department
3.  Technical office at the Court of Cassation
4.  Judgments’ Execution Departments.
5.  Notary Public Department
6.  Notification Department (Notifiers)

23. What are the councils that have judicial jurisdiction?

Councils with judicial jurisdiction include:

1.  The High Council for the Interpretation of the Constitution
2.  The High Tribunal for the Trial of Ministers:
3.  The Bureau of Legislation Interpretation: 

24. What types of cases are brought before the courts in terms of subject?

Civil cases: which is a case filed by one person (or more) against another person (or more) to claim a right. 

Criminal cases: which is a case filed by the public right, or a person (or more), against another person (or more) to whom the commission of an act punishable by law is ascribed to. The case may include a compensation claim by the person who was allegedly damaged a result the offense.

25. What is the difference between a felony, a misdemeanor and an infraction?

a. A criminal act is considered a felony if the penalty imposed is one of the following:

1. Death penalty
2. Life imprisonment with hard labor
3. Life arrest
4. Temporary hard labor (ranging between three to five years)
5. Temporary arrest (ranging between three to five years)

When a felony is attributed to a person that person is called the "accused" and is brought before the designated court based on an indictment decision issued by the Public Prosecution.

b. A criminal act is considered a misdemeanor if the associated penalty is one of the following:

1. Jail sentence (ranging between one week and three years)
2. Fine (ranging between JD5 – 200)

A person committing a misdemeanor is called one of the following:

1. Accused, if the upper limit of the penalty imposed on the alleged committed act is three years imprisonment and is brought before the court of first instance based on an indictment decision issued by the public prosecutor.

2. Defendant, if the upper penalty limit on the alleged committed crime is two-year imprisonment. In this case, the person is brought before the conciliation court based on a complaint filed by the victim or a notice forwarded by law enforcement forces, such as the police, or any authorized personnel according to the laws and regulations pertaining to law enforcement functions.

c. a criminal act is considered an infraction if the penalty associated with committing the act is either imprisonment or a fine. The complainant is brought before the Conciliation court or the Municipality court based on a violation report issued by the department entrusted with implementing the provision of the law violated by the complainant.

In all cases, the (accused) or the (suspect) or the (complainant) is considered innocent until proven guilty by a final judgment of the competent court.

26. Are court hearings before Jordanian courts public or in camera?

Article (101/2) of the Constitution states that: "Court hearings shall be public unless the court considers that it should sit in camera in the interest of public order or morals".

In accordance with the Juveniles Law, court hearings of juvenile related cases are held in camera.

27. What is the jurisdiction of conciliation courts?

Conciliation Courts constitute the base of the regular courts pyramid in Jordan. The court is composed of a single judge and is present in all governorates and districts throughout the Kingdom and is established pursuant to the Courts Formation Court which designates its geographic jurisdiction. Conciliation courts carryout the responsibilities entrusted to them per the Conciliation Courts Law, or any other law.

The Conciliation Court has jurisdiction over civil and commercial disputes with a value under three thousand dinars. Also, the Conciliation Court has a subject matter jurisdiction over all labor cases according to Article (37/a) of Labor Law Number (8) for 1996.

It also has criminal jurisdiction over all infractions, false testimony and perjury related cases as well as all misdemeanors punishable by less than two years of imprisonment, unless stated otherwise in any other law.

28. Why were conciliation courts named this way?

The court acquired its name because judges are required to try to reconcile between the parties before initiating adjudication procedures. If the judge succeeds in such efforts, a reconciliation document is prepared and signed by both parties and certified by the court and is considered in this case as final judgment with no legal recourse.

29. What is the jurisdiction of a first instance court?

The First Instance Court is the court that has general jurisdiction over all types of civil and criminal cases, except cases that are under the jurisdiction of other courts as specified by the law. The First Instance Court is formed of a chief judge and a number of judges according to the court’s workload. First Instance courts are present in all parts of the Kingdom.

The First Instance court reviews appeals and objections related to the conciliation courts' judgments in addition to objections related to other judgments where the law stated it should be appealed before the First Instance Court.

In civil cases, the first instance court hearings are convened by a single judge. In misdemeanor cases, the court convenes by two judges. Criminal cases which carry the death penalty or life with hard labor, or life imprisonment, or provisional detention, or imprisonment with hard labor for a term of not less for fifteen years are convened by three judges.

30. What is the jurisdiction of the Appeals Court?

The Appellate Court (the second level of adjudication court) has jurisdiction over objections appealed to it related to court judgments and decisions and procedures issued by the conciliation and first instance courts located within its geographical jurisdiction.

The Court of Appeal decision in civil cases can be appealed before the Court of Cassation if the value of the case in question is in excess of ten thousand dinars. Civil cases with a value less than ten thousand dinars may not be appealed before theCassation Court without a written authorization by the Chief Justice or his designee.

The Appellate Courts try cases in the form of panels composed of a minimum of three judges. There are three Appellate Courts in the Kingdom located in Amman, Irbid and Ma’an that are presided over by a Chief Judge, who is also a member of the Judicial Council by virtue of his/her post.

In addition to the powers it has over objections regarding civil and criminal judgments, the Appellate Court has the power to review requests related to determining the related court with jurisdiction over a certain case . This is done in case there is a jurisdictional conflict between two conciliation courts or a conciliation court and a first instance court or between two first instance courts located within the jurisdiction of the same court of appeals.

By virtue of the law, all death and imprisonment for no less than five years sentences have to be appealed even if the convicted person did not request such appeal.

31. What does two degree adjudication mean?

This means that judgments and decisions issued by conciliation and first instance courts (first degree courts) are appealed to appellate courts (second degree courts).

32. What is the jurisdiction of the Cassation Court?

The Cassation Court is the highest judicial entity in the Kingdom. It has Jurisdiction over objections related to the courts of appeals judgments and decisions. The Chief Judge of the Cassation Court is the Chief Justice of the Judicial Council. The Chief Judge of the court is aided by a number of judges called Cassation Court judges.

The Cassation Court is a court of law, that is, it dose not look into the merits or the subject matter of the case, it only reviews the case to make sure that the trial process and the court judgment fulfills all relevant requirements, thus it is not considered another level of adjudication.

The Cassation Court is considered a subject matter court only when reviewing cases appealed to it by the State Security Court, the Police Court and the major Felonies Court.

When the competence of two regular courts falling under the jurisdiction of two different appeals courts to look into a case is in question, motions are filed to the Cassation court for appropriate jurisdiction determination. Motions are filed when either both courts assume or reject jurisdiction over a case.

33. What is the jurisdiction of the High Court of Justice?

The High Court of Justice has jurisdiction over administrative disputes defined exclusively in Article (9) of its law, including objections related to election results of various councils and bodies, and objections into the final administrative decisions related to public office appointments, annual salary increases, promotions, transfers or secondment of public servants.

The court’s judgments are final and have to be executed exactly as issued. If the judgment includes the nullification of an administrative decree, all procedures and subsequent decisions based on such decree have to be nullified too. The court also has the power to halt the application of any law or regulation in contradiction with the Constitution.

A number of judges aid the Chief Judge of the High Court of Justice, all who are of Cassation Court judge rank. The Court has its own special administrative prosecution department, which represents the public administration whether the administration is an applicant or a defendant.

34. What is the jurisdiction of the Major Felonies Court?

The Grand Felonies Court has jurisdiction over murder, rape, sodomy and kidnapping crimes or the attempt to commit any of these crimes.

The court convenes in panels of three judges headed by a judge ranked not less than second degree and the two other members with a rank not less than third degree.

35. What is the jurisdiction of the Conservation of State Property Court?

The Conservation of State Property Court has jurisdiction over all the crimes defined in Article (4) of the State Property Conservation Law. These crimes are generally related to civil servants abuse of their official status to illegally own or personally benefit from such property.

The amounts to be recovered from the offender per the rulings of the Conservation of State Property Court are done in accordance with the provisions of the State Property Collection Law.

36. What is the jurisdiction of the Customs First Instance Court?

The Customs First Instance Court has jurisdiction over customs crimes such as transshipment and sales tax evasion in addition to some other powers as defined in Article (222) of the Customs’ Law.

A Customs’ Prosecutor, appointed by the Minister of Finance from the Ministry's legal department, represents the public prosecution before the court. The court’s judgments can be appealed before the Customs’ Court of Appeals which is composed of three judges. The Court decisions can be objected against before the Cassation Court if the case value or the fine amount imposed is not less than five thousand Jordanian Dinars or if the controversy in hand contains a new legal trend or is a sophisticated one or has a general importance.

37. What is the jurisdiction of the Income Tax Court of Appeals?

The Income Tax Court of Appeals has jurisdiction over appeals submitted by tax payers in order to object their tax estimation and re estimation, or to review requests pertaining to fines and additional payments, or any amounts that should be deducted or paid as final tax in accordance to the Income Tax Law and relevant regulations.

38. What is the jurisdiction of the Land and Water Settlement Court?

The Land and Water Settlement Court has Jurisdiction to review and rule on all objections to the (Rights Registrar) related to land and water settlement activities. The court is comprised of a single judge appointed according to the Regular Courts’ Formation Law. 

Land and water settlements means settling all matters and disputes related to any land or water ownership or usage rights in addition to any other right related to land or water if such right is eligible for registration.

The word (land) here means any state owned or suspended of owned land as well as building, trees and whatever else is fixed in the ground.

The word (water) here means any river, stream, sewers, ponds, lakes, springs, wells, dams or reservoir, or any canal, ditch, water course (or dried), river side, bridge, or a construction to regulate water, or convert it, or well (Port Hole) or a mode for water extraction or lifting, or batching it, or any sub work of any kind used to obtain water or using or lifting it for irrigation or initial drying.

39. What is the jurisdiction of municipal courts?

The Municipal Courts have jurisdiction over crimes committed within the municipality geographical area and as listed in the following laws:

1.  Handicrafts and Industries Law No. (16) for the year 1953.
2.  Municipalities’ Law No. (29) for the year 1955.
3.  Cities, Villages and Buildings Regulatory Law No. (79) for the year 1966.
4. Public Health Law No. (21) for the year 1971 (crimes related to sanitary and malarial prevention).
5.  Agriculture Law No. (20) for the year 1973 (crimes related to the prevention of animals’ diseases, animal quarantine and slaughter of animals).
6.  Traffic Law No. (47) for the year 2001.
7.  Professional Offices Services’ Fees Law in Greater Amman Municipality No. (7) for the year 1977.
8.  Professionals Offices Services’ Fees Law in Municipal areas No. (21) for the year 1985.
9.  Professional Licenses Fees Law for Greater Amman Municipality No.(20) for the year 1985.
10.  Professional Licenses Fees Law No. (28) for the year 1999.
11.  Any other law gives the Municipality Courts jurisdiction over the crimes stipulated in it. 

Municipal courts are considered conciliation courts in all aspects as stated in the Regular Courts formation law, Conciliation Courts Law and any other law. 

40. What is the jurisdiction of the Wages Authority?

The Wages Authority has jurisdiction over proceedings relating to wages in a specific area, to include incomplete or illegal discounting of wage payments, staling payments or issues related to overtime compensations. Such lawsuits are admitted only if the employee is still an employee of the institution or no more than six months have passed since the end of his / her employment.

In accordance with the provisions of Article (54) of the Labor Code, the Wage Authority is presided over by a judge or by a specialist with expertise in labor affairs.

41. What is the jurisdiction of the Special labor Court?

The jurisdiction of the Special Labor Court is limited to trying group employment disputes as defined in Article (2) of the Labor law as “Any dispute which rises between a group of laborers or their union and the employers or the employers’ union regarding the application of the group employment contract; its interpretation or the conditions and requirements of the work to be provided under the contract.”

The court convenes when the Minister of Labor refers a group employment dispute which could not been settled by the Conciliation Council. The court is constituted of three judges seconded by the Judicial Council for this purpose upon a request made by the Minister of Labor.

Court hearings are held at the Ministry of Labor as expedited cases. The Court's decisions are final and may not be appealed to any judicial or administrative body and are binding to all concerned parties including heirs who assumed ownership of the company involved in the dispute.

Labor Court judgments are implemented as of the date specified by the court, and the Minister of Labor is required to publish the decision in at least one daily local newspaper within thirty days of receipt of the court judgment.

In case an employee violates the court decision one time, the punishable fine would be a minimum of fifty dinars and a maximum of two hundred dinars. In case of repetition the fine amount would be doubled and may not be reduced to its minimum limit.

Incase an employer violates the court decision one time, the punishable fine would be a minimum fine of two hundred dinars and a maximum of four hundred dinars. In case of repetition the fine amount would be doubled and may not be reduced to its minimum limit. 

42. What is the jurisdiction of the State Security Court?

The State Security Court has jurisdiction over crimes stipulated in the State Security Court Law and its amendments. These crimes include organized crime, forgery, narcotics related crimes, firearms, ammunition, general safety crimes and crimes related to economic stability.

The State Security Court is established by the Prime Minister through a decree. The court is composed of three civil and/or military judges. The Minister of Justice nominates the civil judges while the Chairman of the Joint Chiefs of Staff appoints the Military ones.

The Chairman of the Joint Chiefs of Staff appoints the Chairman of the military courts or one of his/her deputies as an Attorney General before the State Security Court. He/she also appoints one or more military judges as prosecutors before the court in accordance with the powers granted to each of them in the Criminal Procedures Code. Trials before the State Security Court are public and the court’s judgments have to be issued by consent or simple majority.

In felonies cases, the court judgments may be appealed to the cassation court within thirty days of judgment issuance, if issued in the presence of the convicted party or within thirty days from notification date if decision was issued in absentia.

In misdemeanors, judgments may be objected within fifteen days from issuing the court decision, if the court judgment is issued in the presence of the convicted party, or within fifteen days of its notification if the judgment was issued in absentia.

43. What is the jurisdiction of Military Courts?

Military Courts have jurisdiction over crimes stipulated in the Military Penal Law or the General Penal Law or any other law, provided that these crimes are committed by:

1.  Officers and members of the armed forces.
2.  Cadets at military university, institutions and colleges in addition to military students at the armed forces.
3.  Officers and members of the armed forces who were dismissed for any reason if the crime was committed while they were still on active duty.
4.  Compulsory Military Service personnel according to the Compulsory Military Service Law.
5.  Prisoners of War.
6.  Officers and members of allied forces deployed in Jordanian Territories unless there are agreements to exclude them from such jurisdiction.
7.  Persons accused of committing ware crimes wither they were military personnel or civilians.

The military court is presided over by military judges, separate from regular judges, with its own military prosecution department.  

44. What is the jurisdiction of the Police Court?

The Police Court has jurisdiction over crimes stipulated in the Military Penal Law, the General Penal Law, or any other law, provided that these crimes are committed by public security officers, or police personnel or police cadets at police universities colleges and the Police Academy, or officers and personnel who were dismissed from service for any reason provided that they committed the crime while still on active duty.

A public prosecutor from the Public Security Department stands before the Police Court which consists of a President and at least two members. Trial proceedings are conducted in accordance with the Criminal Procedures Code and its rulings may be appealed within thirty days to the Cassation Court. In this case, the Cassation Court is considered a subject matter court and may ratify or overrule the judgment based on the evidence contained in the case file, and may declare the innocence or affirm the guilt of the accused and amend the ruling as was supposed to be issued by the Police court.

45. What is the jurisdiction of the Military Council at the General Intelligence Department?

The Council presides over crimes that set forth in the Military Penal Code, or the General Penal Code, or any other law and that are committed by the General Intelligence Department staff or associates. The Council has the same powers granted to the State Security Court, and pursuant to articles (6 & 7) of the General Intelligence (No. 24) of 1964 and its amendments the prosecution functions are carried out by law degree holders working at the Department.

46- Who is the Juvenile? 

According to the definitions contained in the Juvenile Law:

A Juvenile: is every person, male or female, over seven years and less than eighteen years of age

A boy: is every person who is over seven years and less than twelve years of age.

An adolescent, is every person who is twelve years or above and less than fifteen years of age. 

A Youth, is every person who is fifteen years or above and less than eighteen years of age.

All these categories fall under the provisions of the Juveniles Law and have to be tried before the Juveniles’ Court . Any person committing a crime who is less than seven years of age cannot be criminally charged.  

47. What is the jurisdiction of juvenile courts?

Any regular court adjudicating a case where the defendant is a juvenile is considered a Juvenile Court. Conciliation Courts, in their capacity of a Juvenile Court, has jurisdiction over all infractions and misdemeanors committed by juveniles in addition to cases related to the custody and protection of juveniles stated in Article (31) of the Juveniles’ Law.

If the crime committed is punishable with more than three years of imprisonment then the First Instance Court, in its capacity as a Juvenile Court, has jurisdiction over the case.

If the juvenile defendant participated in committing a crime with an adult defendant then he/she has to be tried along with the adult defendant before the court with jurisdiction over trying the adult defendant. The special procedures related to trying juvenile offenders have to be followed including the submission of the report by the Behavior Monitoring Officer.

All juvenile offenders' trials have to be in camera and no one is allowed to enter the hearing room except for the Behavior Monitoring Office, the parents of the juvenile offender, his / her guardian or lawyer, or the persons directly related to the case.

One of the parents or the guardian or the lawyer or the person who has custody over the juvenile offender has to attend the interrogation sessions. If such a person is not present then the Behavior Monitoring Officer has to attend.

48. When is a juvenile considered in need for care and protection?

A juvenile would be in need for care and protection in one of the following cases:

1.  If he/she was under the custody of a parent or a guardian who is not fit to take care of him/her because such a parent or guardian is a repeated criminal or an alcohol addict or a narcotic or psychotropic substance addict or is morally corrupt.
2.  He/she was engaged in prostitution or debauchery or gambling, or served those who committed such acts, or was associated with those renowned for their bad conduct. If he/she did not have a stable residence place, or normally sleeps on the streets.
3.  If he / she has no legal source of living or one or both of his/her parents were deceased, imprisoned or absent
4.  If the juvenile was known for bad behavior and was out the father, guardian or mother's control, or if the person with custody was dead or absent or incapacitated.
5.  If he/she was begging for money even if he/she concealed such behavior.
6.  If he/she was a legitimate or illegitimate child to a father previously convicted of sexually assaulting any of his children.
7.  If subjected to intentional abuse of a parent or the parent's spouse exceeding discipline, allowable by law and general customs. Been exposed to a significant risk if left in the family.
8.  If he/she is under serious danger if kept with his/her family.
9.  If he/she was exploited in beggary, prostitution, debauchery or immoral activity or required to serve individuals performing such acts. 
 

49. Who is the Behavior Monitoring Officer?

A Behavior Monitoring Officer is the person designated to supervise the juvenile for good behavior according to the conditions specified in the monitoring order issued by the competent court under the Juvenile Law.  

50- How is the Geographical Jurisdiction of courts defined?

The Geographical Jurisdiction of the courts is defined as follows:

1.  In personal and movable rights cases (such as compensation cases):

·  The jurisdiction over the case is given to the court where the defendant's domicile is.
·  If the defendant has no domicile in Jordan, then the jurisdiction is given to the court where he/she has a temporary residence place.
· If there is more than one defendant, jurisdiction is given to the court where the domicile or the work place of one of them lies.

 2. In real rights and possession cases (such as real estate distribution cases):

· If the case is related to a real right on an estate, or one of its parts, the court that has the jurisdiction over the case is the court where the estate is located.
· If there is more than one estate related to the case, then the court where any of the estates is located may have jurisdiction over the case.
· In personal real estate cases, the court that has jurisdiction over the case is the court where the estate is located, or where the domicile of the defendant is located (such as rent payment cases).

3.  In cases related to companies, institutions, and associations (Judicial Persons):

·  The court that has jurisdiction over the case is the court where the headquarter is located whether the company or the association is a plaintiff or a defendant or the case was brought by the company against one of the members or partners or was brought by one of the members or partners against another.
·  If the case is related to one of the judicial person branches then the court where such branch is located will have jurisdiction over the case.

 4. Cases related to inheritance or cases brought by the debtor, the court with jurisdictions over such cases is the court where the inheritance deed is to be opened. This is also applicable to cases brought by any of the inheritors against each other before dividing the inheritance.

5. In cases where there is agreement over the place of executing the contract, the court with jurisdiction is the court where either the defendant domicile is or where the place that was chosen by both parties for executing the contract.

6. Disputes relating to bankruptcy or civil insolvency, the court that issued such ruling has jurisdiction over the case.

7. The court with jurisdiction over disputes relating to supplies, works, housing fees, employees wages, is the court where the defendant domicile is located or the court where the agreement was concluded or executed.

8. The court with jurisdiction over disputes relating to insurance requests is the court where the insured domicile is located or the court where the insured property is located.

9. The court with jurisdiction over disputes relating to commercial items is the court where the defendant domicile is located, or where the agreement was concluded or where the goods were to be delivered, or the court where the price of the goods is to be paid for.

10. In cases that include a temporary or speedy measure request, the court with jurisdiction is the court where the defendant domicile is or the court where such measure are requested to be executed.

11. Speedy disputes relating to the execution of judgments and bonds, the court with jurisdiction over such disputes would be the court where the execution is to take place.

12. Disputes relating to court and attorney fees, the court with jurisdiction over such disputes would be the court that adjudicated the original case, provided it not contradict the rules stated in the Bar Association Law.

If the defendant has no domicile or residence in Jordan, and it was not possible to locate the court that has jurisdiction over the case through the above mentioned rules, then the court with jurisdiction over the case is the court where the plaintiff resides or works. If the plaintiff has no domicile or residence in Jordan then Amman court would have jurisdiction over the case. 

51- What is a person’s domicile?

It is the place where usually an individual resides. A person might have more than one domicile at one time  in which case all are considered equally.

The domicile of the underage, the disappeared, the absent and the incapacitated is considered to be the domicile of his/her legal representative. The domicile of the judicial person is the place where its headquarters is located. Local branches of companies headquartered outside the country are considered its domicile.

It is permissible to designate a domicile in order to execute a specific legal transaction. Such a designated place would be the domicile for all matters related to such transaction, unless explicitly stated that it is restricted to specific transactions. Proving the existence of such chosen domicile can only be done in writing. 

If the law requires a person to appoint a chosen domicile or he/she was obliged to do so by an agreement to which the person did not comply, or the information regarding such domicile were incomplete or inaccurate or if he/she canceled his/her chosen domicile without notifying the other party, it is permissible to notify such a person through publishing an advertisement in two local daily newspapers. The advertisement has to clearly state that the intended person has to report to the court’s registrar office in order to receive the documents if such documents exist. The ad has to include also the date and time the notified person has to appear before the court and submits his/her defenses if situation requires so.

52- What is the person’s workplace?

It is the place where a person is performing a trade or a profession, or he/she mange his/her property from such a place. As to the employee or the worker, it is the place where he/she usually performs his/her work. A person might have more than one workplace at one time, in which case all are treated equally before the law.

53- What are the types of cases that are subject to the exchange of lists procedures?

Exchange of lists procedures entails that a notice is sent to the defendant with a copy of the claims list as submitted by the plaintiff upon registering the case at the designated court and waiting for the defendant to submit a responses list within the specified period after which the first hearing is scheduled for commencing adjudication procedures. 

In case the defendant did not submit a responses list during the specified period, the first hearing is scheduled and the defendant loses his/her right to submit a response list by any means or to submit evidence to the case. The defendant's right is restricted to submitting a memo that includes his/her pleas and objections to the plaintiff’s evidences and his/her final argument.

If the case is not subject to exchange of lists producers, the first hearing date is appointed directly and within ten days of registering the case at the court’s registrar office.

In general, conciliation cases are not subject to exchange of lists procedures, thus the first hearing is scheduled directly and notified to the defendant with a copy of the list of claims. Whereas some first instance cases are subject to such procedures while others are not and it is for the relevant first instance chief judge to decide on this when the case is registered at the court’s registrar office.

54. When is a judgment a direct and in presence judgment?

The judgment is considered a direct and in presence judgment when the defendant and/or his/her representative attend all hearing sessions.

55. When is a judgment a semi in presence judgment?

The judgment is considered a semi direct and in presence judgment when the defendant attends one of the hearing sessions and did not attend all the hearing sessions which come after such session. .

56. When is a judgment an in absentia judgment?

The sentence is issued in absentia in the event the defendant fails to appear before the court, despite the exhaustion of legal procedures to notify and bring him / her before the court.

57. What is civil case management?

Civil case management is one of the modern management techniques designed to speed up the litigation process, ensure optimal utilization of court time and shorten administrative and judicial procedures that used to cause delay in case adjudication and compel the trial judge to adjourn cases several times before disposing it.

Case management provides for early judicial control over a case by placing it from the beginning under the direct supervision of a first instance judge, starting with case filing, organizing pleadings, processing notifications, completing evidence filing, holding a case management conference with the parties, determining points of agreement and disagreement and defining the main point of conflict and preparing the complete case file before going to the trial judge for processing.

The case management department at the Amman First Instance Court was officially launched on 1/10/2002 as an initial step towards expanding it to the rest of the first instance courts in the Kingdom. The Case management department was established in accordance with article (59) of the Civil Procedures Law which stated that: "a judicial administration unit called the civil case management department would be established in a first instance court provided that the Minister of Justice determines in which courts would these departments be established in".

58. What is mediation for civil disputes resolution?

Mediation is a method of alternative resolutions aimed at reducing the demand on courts and reduces the time, effort and expenditure on all parties to the litigation process. It also contributes towards providing a conducive and competitive investment environment in line with the quantitative and qualitative developments witnessed by the Kingdom in various areas.

In mediation, a neutral person possessing experience, competence and integrity utilizes his / her negotiations skills, through a series of confidential procedures, to assist bring the views of the parties to the conflict closer, and to settle their disputes amicably based on compromise and accommodation away from litigation proceedings, so as to achieve the following advantages :

1. Ensure confidentiality and privacy.
2. Limited costs compared to litigation or arbitration proceedings
3. Achieve the best interest of parties to the conflict  
4. Flexibility
5. Maintain friendly relation between adversaries
6. Save time
7. Coming up with innovative and creative solutions
8. No associated risks given the freedom of parties to backtrack any offer made during mediation sessions unless it was put and confirmed in writing.  

The first mediation department was established at the Amman First Instance Court on 1/6/2006 as an initial step towards establishing other mediation department in other courts across the Kingdom. The department was established pursuant to Mediation Law for Civil Disputes Resolution No. (21) of 2006.

59. Can court verdicts and decisions be appealed?

The judicial system in Jordan ensured the right to appeal against the verdicts, decisions and actions of the courts, through one of the following:

1. Appeal court
2. Cassation court
3. Objections of the third party
4. Retrial  

Also, and before getting into the merits of the case, the concerned party is entitled to ask the court to consider the following defenses, provided they are submitted in one batch and in a separate request, on which court must rule and is subject to appeal:

1. Non-territorial jurisdiction
2. The presence of an arbitration clause
3. The case has been adjudicated before.
4. The passing of the statue of limitation
5. Invalid notifications 

In the event a plea related to public order or any other formality is presented, which may result in dismissing the case, the court must decide immediately on its own motion or upon the request of one of the parties. The decision to dismiss such a plea can be appealed when appealing the final case judgment.

The losing party has the right to protest the judgment. The person protesting the judgment is the only person who can benefit from such protest. The court cannot worsen the protester status based on appellant alone.

Verdicts issued during the proceedings, which do not bring the case to conclusion, may only be protested after the final judgment is announced, with the exception of decisions relating to the following issues:

1.  Urgent matters.
2.  Halting case proceedings.
3.  Claims related non-territorial jurisdiction.
4.  Claims related to the presence of an arbitration clause.
5.  Claims stating that the case had been adjudicated in the past.
6.  Claims stating that the statue of limitation had passed.
7.  Requests to join the case by a third party.
8.  Refusing to accept the parallel case.
9.  Claims stating the invalidity of notification papers.

Not upholding the protest periods stated in the judgment results in dismissing such objections. The court can dismiss such objection upon its own judgment.

60- How are judgments protested before the Cassation Court?

All court of appeals judgments related to civil cases with value exceeding ten thousand dinars can be protested before the Cassation Court within thirty days after either the judgment issuance, in case the judgment was issued in the presence of the defendant or from notification date if the judgment was issued in the absence of the defendant.

The rest of the court of appeals civil case judgments cannot be protested before the Cassation Court unless the Chief Justice of the Cassation Court or his / her designee grants permission for such protest. The permission request has to be submitted within ten days following the day of judgment issuance, if issued in the presence of the defendant or his/her representative, or the day after the judgment was notified to the protesting party. The requesting party has to indicate in detail the newly emerging or complex legal point which constitute the basis for grating the requester such permission, else the request can be dismissed on the grounds of formality.

Protesting civil case judgments before the Cassation Court can only take place in the following instances:

1.    When the protested judgment is based on a violation of the law or an erroneous application of the law or its interpretation.
2.    If the judgment was invalid or the procedures leading to the judgment were invalid and such invalidity affected the judgment.
3.    If the protested judgment contradicted another final judgment that was issued between the same parties regarding the same dispute.
4.    If the judgment was not based on sound legal basis that allows the Cassation Court to execute its monitoring power.
5.    If the judgment overlooked one of the parties’ requests or ruled something that was not requested by the parties or it granted more than what was requested by the parties. 
6.    If the judgment or the followed procedures clearly violated the law or if during trial the court violated its duties. In such instances the Cassation Court has to invalidate the judgment even if the parties did not mention the reason and basis for such a violation in their cassation request. If, however, the violation pertained to parties' rights, then it would not constitute a basis for judgment invalidation unless such violations were cited by the concerned party before the first instance and the appellate courts and were not addressed, and consideration of such violation would alter the ruling.  

In criminal judgments, the right to submit a protest motion to the Cassation Court is retained by the following:

1.  The convicted person and the person with the responsibility of financial compensation.
2.  The civil plaintiff in financial obligations only.
3.  The Attorney General or the Head of the General Persecution.
4.  The Minister of Justice has the power to order the Head of the Public Prosecution to submit a case file before the Cassation Court due to violation of the law or procedures during the trial. This order is called (protesting though a written order). The result of such procedure has effect only if it benefits the convict and the person who is financially responsible.

Also, the Head of the Public Prosecution may submit a protest motion pertaining to final rulings of the Appeals court in misdemeanor cases, if the convicted or the financially responsible requested the submission of such request.

Protesting criminal judgments before the Cassation Court can only be accepted for the following reasons:

1.  Violating procedures required to be observed by the law.
2.  Violating other procedures requested by the opposing party, which were not obliged by the court and were not remedied in following trials.
3.  Violating the law or incorrectly applying or interpreting it.
4.  Violating the rules of jurisdiction or the court exceeded its legal authority.
5.  Ignoring one or more of the submitted requests or ruling in excess of that which has been requested by the parties.
6.  The issuance of two contradictory judgments to the same incident.
7.  The absence, inadequacy or ambiguity of judgment reasoning. 
 

It is not allowed to request the Cassation Court to review criminal judgments as long as they could be protested before the same court or the court of appeals. Death and life imprisonment sentences are automatically appealed to the Cassation Court without a request by the convicted person. 

61- How is a retrial conducted?

In civil cases that have been concluded and a final decision has been issued, parties are allowed to request a retrial in one of the following instances:

1. If the judgment was gained through fraud or deception. 
2. If the judgment was based on a document, which after the issuance of the judgment was declared as forged.
3. If the judgment was based on testimonies declared as a false after the issuance of the judgment.
4. If after judgment issuance any of the parties obtained material documents that his/her opponent concealed, made others conceal or precluded from being submitted to the court.
5. If the judgment granted parties something they did not ask for, or more than they requested.
6. If the judgment wording was found to be inconsistent or contradictory.
7. If the judgment was issued against a normal or a judicial person who was not rightly represented in the case. 
8. If the protested judgment contradicted another final judgment that was issued between the same parties regarding the same dispute.  

In cases pertaining to items one through four above, the request for retrial has to be submitted within thirty days following the day on which fraud was discovered or admitted by the person who committed the forgery, or within thirty days after a witness was convicted with perjury or thirty days after the appearance of the withheld documents.

As for cases pertaining to 5 and 6 above, the period starts from the day the judgment becomes final.

Instances relating to point 7 above, the date of retrial requests starts from the second day after notifying the judgment to the convicted person or his / her right representative.

In the case of item 8, the period starts from the second day after notifying the second judgment.

Retrial requests in civil cases are submitted directly to the court which issued the judgment. The exchange of lists procedures shall apply according to the law. The retrial request doses not halt the execution of the judgment unless the court decides otherwise.

In criminal cases, the following persons have the right to request the retrial:

1.  The convicted person or his/her legal representative if he/she was incapacitated.
2.  The convicted person’s spouse, children, inheritors, or any person mentioned in his/her will if deceased or absent.
3.  The individual explicitly designated by the convicted person to request the retrial.
4.  The Minister of Justice has the right to request the retrial of misdemeanor and felony cases regardless of the court that issued the judgment or the nature of the sentence. 

In criminal cases, retrial requests can only be submitted in the following instances:

1.  If following the indictment of a person with murder enough evidence was found to indicate that the allegedly murdered victim is still alive.
2.  If a person was convicted of a misdemeanor or felony after which another person was convicted of the same crime, and the two judgments cannot be reconciled thus establishing the innocence one of them.
3.  If a person was convicted based on a witness's testimony that was later found to be perjury. The witness's testimony would not permissible in the new trial.
4.  If new facts or documents emerged after the judgment was issued that would prove the innocence of the convicted person.  

62- What is third party objection?

Every person who was neither a party to a case, nor represented, nor involved in a case to which a judgment issued that could be considered as evidence against him/ her, that person has the right to object such judgment through the third party objections procedure.

Joint debtors and creditors have the right to object to the judgment issued against another debtor or creditor if the judgment was built on fraud or deception that affected their rights, provided they present adequate proof to the committed fraud or deception.

The inheritor is also entitled to this right if he/she was represented by another inheritor in the case brought by or against him/her and if the judgment issued was based fraud or deception.

There are two types of the third party objections: original and urgent. The third party keeps his/her right to object unless such right is dismissed by the expiration of the statute of limitation.

63. How is a pardon issued in courts judgments and decisions?

Pardons are of two types: General pardons and special pardons.

The general pardon is issued by the legislative authority (the National Assembly), it abolishes the crime and conviction as it never happened, the general pardon can be granted before a judgment is issued in the case or after its issuance. It abolishes any original or attached punishment without undermining the right of the harmed person for compensation.

The special pardon is granted by His Majesty the King on the recommendation of the Council of Ministers. The special pardon is issued in the interest of a person sentenced with a peremptory judgment, benefiting only the person requesting it. The pardon may be granted by dropping the full sentence, replacing it or reducing it in whole or in part.

The pardon request may be submitted to the Minister of Justice along with all necessary documents and justifications. The Minister of Justice reviews the request, and if found justifiable and based on facts and details that may benefit the requester, submits a recommends to the Council of Ministers, who in turn discusses it and submits it to His Majesty King for deciding on it.

64. What is the jurisdiction of the High Council for the Interpretation of the Constitution?

The High Council for the Interpretation of the Constitution is the body with exclusive jurisdiction to interpret the provisions of the Jordanian Constitution upon a request submitted by the Council of Ministers or the Senate or the Chamber of Deputies.

The High Council for the Interpretation of the Constitution is composed of the Speaker of the Senate as President and eight other members: three appointed by the Senate from amongst its members through a ballot and five members from the Cassation Court (selected upon seniority) as the highest court in the kingdom. The Council issues its decisions by a majority of six votes.

65. What is the jurisdiction of the High Tribunal for the Trial of Ministers?

In case the Chamber of Deputies impeaches, with a two thirds majority vote, one of the Ministers for committing one of the crimes related to the execution of his/her public duties as stipulated in Article (3) of the Ministers Trial Law, the High Council for the Interpretation of the Constitution try the indicted Minister in its capacity as the High Tribunal for the Trial of Ministers.

The Crimes stipulated in the Trial of Ministers Law pertain to grand treason, abuse of power, the poor performance of public office duties, in addition to the crimes stipulated in the General Penal Law.

The minister is tried whether retired or still in office. If still in office he/she is suspended from duty pending conclusion of the case. Also, the resignation of the minister does not preclude from filing a case against him/her or the resumption of his/her trial.

66. What is the jurisdiction of the Bureau of Legislation Interpretation? 

This bureau has the power to interpret any ambiguous legislation, provided that the courts did not interpret such legislation through issued judgments, as courts have the general power of interpreting laws through applying its provisions on the disputes before it.

Only the Prime Minster has the power to request the interpretation of any legislation. The bureau consists of The Chief Justice of the Cassation Court as the bureau head and two judges from the Cassation Court, a Senior State Official appointed by the Council of Ministers and a Senior Official representing the ministry which is related to the legislation in hand and is appointed by the minister.

The Bureau decisions are issued according to a simple majority; its decisions acquire the power of law after being published in the Official Gazette.

67. What is the role of the public prosecution?

The representatives of the Public Persecution (Public Prosecutors) each within his/her designated jurisdiction, have the duty to initiate criminal claims, prosecute and follow said claims before the courts according to the procedures stipulated in the Criminal Procedures Law and other related laws.

A judge called the Chief of Public Prosecution represents the public prosecution before the Cassation Court, whereas a judge called the Attorney General represents the public prosecution before the courts of appeals and a Prosecutors represent the public prosecution before the First Instance Courts. It is permissible to appoint a prosecutor before the Conciliation Courts.

Assistant prosecutors are assigned as needed, with powers similar to those assigned by law to public prosecutor.

68. What is the Judicial Police?

The Judicial Police are the state officials entrusted with investigating crimes, collecting evidences, arresting perpetrators and bringing them before the courts.

The judicial police duties are carried out by the prosecutors and their assistants or conciliation court judges in areas where no public prosecutors are appointed. The Prosecutor is assisted in executing his/her judicial police duties by:

1.  Governors.
2.  The Director of Public Security.
3.  Chiefs of Police.
4.  Heads of Security Quarters.
5.  Police officers and personnel
6.  Officials entrusted in criminal investigations.
7.  Village Chiefs.
8.  Ships and airplanes Captains.
9.  All other officials given the power of judicial police according to the Criminal Procedures law and other related laws and regulations. 

69. What is the role of the civil public attorney (state lawyer)?  

The Civil Public Attorney and his/her assistants represent the government in all treasury related civil cases, whether held by or against the government. They are regular judges, appointed or seconded by the Judicial Council, and linked the Minister of Justice.

The State lawyer is required to submit a monthly report to the Ministers of Justice and Finance on all cases processed and executed on behalf of the government. The State lawyer also submits an annual report at the rend of January to the Minister of Justice for submittal to the Cabinet.

All employees working in ministries and public departments and institutions are obliged to fully cooperate with the State lawyer and to provide any information or documents requested in accordance with the law.

70. What is the role of the Technical Office at the Court of Cassation?

The Cassation Court Technical Office prepares studies and statistical reports pertaining to courts workload, reasons for case backlog, and proposes appropriate solutions.

The technical also provides judges with legal reference and judgments issued by the Courts of Cassation and Higher Justice upon issuance.

71. What is the role of the Execution Department?

The Judgments’ Execution Department executes all the legal obligations contained in the execution documents submitted to it through what is known as execution requests.

Execution documents are divided into two types:

 1.  Judgments and decisions, which include:

·      Civil court judgments
·      Sharia court judgments
·      Religious court judgments
·      Criminal court judgments related to personal rights
·      Judgments issued by a court, council or other authority that have legal provisions under their own  
       laws stating that judgments executions be implemented through the execution department.
·       Foreign judgments enforceable under a signed convention that are in force

2.  Commercial papers and notes, which include:

·      Official bonds
·      Regular bonds
·      Negotiable commercial notes  

Execution department procedures include seizure of movable and immovable property, travel ban, auction sale, and other decisions issued by the Head of Execution Department or the execution judge.

72. What is the difference between the execution department and judicial execution?

The Execution Department is one of the court departments, headed by a judge called Head of the Execution Department, and is assisted by the chief execution clerk and execution clerks. The department is responsible for executing all execution documents submitted to it through what is known as execution cases.

Execution documents are divided into: judgments and decisions, and commercial papers and notes, noting that the term "execution document" currently used on notifications and files at the execution department is used for commercial papers and notes, whereas the term notification is used to connote for judgments and decisions.

As for the (judicial execution), it falls under the Public Security Department. They are members of the law enforcement body responsible for enforcing the provisions of the judicial decisions and bonds within the power and authority vested in them by law.

73. What are the duties of the Notary Public?

The Notary Public is the state’s official, entrusted with the power to document and notarize the power of attorney documents (such as general power of attorney, special power of attorney, irreversible power of attorney), guarantees (such as judicial guarantees documents, public servant guarantees), translated documents and other official and unofficial documents and papers for use inside or outside the Kingdom.

Individuals should appear in person before the notary public, with their identification documents (the civil status card, passport), and all original documents relating to their transaction such as land registration bonds and business records.

ِAs for translation, the notary only certifies the translator's signature and date, while the translator bears responsibility for the content and accuracy of the translation.

74. How is the geographic jurisdiction of the notary public determined?

The jurisdiction of the notary public is determined based on the citizen's place of residence (the client or guarantor) as stated on the back of the civil status card. The citizen would file the request at the court within the designated jurisdiction.

For example, if the citizen's place of residence indicated at the back of the civil status card is Swaileh, then the issuance of the notary is within the jurisdiction of the North Amman Court notary department, whereas if the place of residence is Tareq area then it its within the jurisdiction of the East Amman Court notary, whereas if the place of residence is Zaraq then it is within the jurisdiction of Zarqa Notary Public, and so on.

A listing of the geographic jurisdiction of all courts in Jordan can be accessed through visiting the Judicial Council's website at (http://www.jc.jo/) as well as the Ministry of justice's website at (http://www.moj.gov.jo/).

75. What are the duties of summoners?

Summoners are courts employees entrusted with officially notifying the various judicial papers issued by the court to the related individuals, whether these individuals were parties to the dispute, witnesses or experts. The notification has to be done according to the procedures stipulated by the law.

76. When was the Ministry of Justice established?

The Ministry of Justice (MOJ) was established on 11/4/1991 under the name of Mashawer Adliyyeh.

77. What is the Ministry of Justice organizational structure comprised of?

The organizational structure of Ministry of Justice is comprised of:

1.    The Minister of Justice
2.    The Secretary General
3.    Inspection Directorate
4.    JudicialInstitute of Jordan
5.    Financial Disclosure Department
6.    Directorates:

      a.     Administrative Affairs Directorate
      b.    Financial Affairs Directorate
      c.     Human Resources Development Directorate
      d.    Studies and Planning Directorate
      e.     International Relations Directorate
      f.      Public Relations Directorate
      g.     Information Technology Directorate
      h.     Buildings and Maintenance Directorate

7.    Internal Audit

As part of the Ministry of Justice's continuous development and modernization efforts, the Ministry is in the process of establishing new directorates to further its institutional capacity. Among the new proposed directorates are the: Legal Affairs Directorate, Court Operations Directorate, Public Freedoms Directorate, and the Family Affairs Directorate.

78. What are the services offered directly by MOJ?

1.    Retrial and objection through cassation permits (in criminal cases)
2.    Special pardon requests
3.    Transfers of convicted prisoners requests
4.    Judicial assistance requests (Notifications)
5.    Authentication of powers of attorney and legal documents
6.    Complaints 

79. When was the Judicial Inspection Directorate established at the Ministry of Justice?

The Judicial Inspection Directorate was first established in accordance with Regular Courts Inspection Regulations No. (105) of 1965 which put into force the oversight and inspection functions entrusted to the Ministry of Justice over court operations and those serving in them.

Currently, the Directorate exercises it responsibilities in accordance with the Judicial Inspection Regulation No. (47) of 2005, which was formulated in accordance with the recommendations of the Judicial Upgrading Strategy related to furthering and enhancing judicial inspection.

80. What are the functions of the Judicial Inspection Directorate?

In accordance with Inspection Regulations, the Judicial Inspection Directorate is responsible for inspecting trial judges, execution judges, members of the Attorney General's office and State Lawyers Assistants at least once a year for purposes of promotion or appointment. The Directorate does not inspect senior level judges.

The Directorate also conducts inspection of court administrative staff working in the various judicial departments and court divisions and investigates complaints filed against judges and court staff conducts.

81. How are inspectors selected?

Judges with extensive experience in the judiciary and who have served various judicial offices at different types of courts, specialties and judicial departments are selected for judicial inspection positions to ensure that they possess both the theoretical and practical knowledge of all details concerning the procedural and substantive work of the judiciary

82. What are the forms of judicial inspection?

1. External judicial inspection: it includes regular and spontaneous inspections.
2. Internal judicial inspection: a new practice based on involving chief judges and heads of judicial departments in the evaluation process through filling out special evaluation forms on monthly basis.  

83. What are the judicial inspection criteria?

Inspectors evaluate the work of judges, who are subject to the inspection, on issues related to the proper application of the law and the fulfillment of requirements related to court proceedings, evidence, case adjournments and case adjudication time. Inspection also reviews the reasoning used for issuing judgments and decisions as well as the soundness of judgments. Annual clearance rates for each judge are also established by the Inspection Directorate.

Special forms including all inspection elements and particulars were prepared that are used to verify the observance of each element and giving a weighted mark to each item commensurate with its relative importance. Inspection forms are used to inspect the work of judges, prosecutors, Assistant Attorney Generals, State Lawyers assistants and execution judges. A especial form is also used to inspect court records.

84. What is the relation between judicial inspection and affirming the appointment of judges?

The Law on Judicial Independence states that upon appointing a judge for the first time, he/she are subject to a three-year probation period at the end of which the Judicial Council issues a decision to either affirm appointment or terminate the judge's services.

The Judicial Council makes its decision upon the results of inspection reports as the Inspection Regulations states that the appointment of judges under probation are not to be affirmed or promoted unless the last two annual inspection reports revealed a rating of good or above (grade 65-100%).

85. Can inspection results be appealed?

Article (7) of the Judicial Inspection Regulations state that: (a judge receiving an assessment less than "good" may file an objection to the minister within fifteen days of receiving a copy of his / her assessment report who in turn forwards it along with a copy of the assessment report to the Objections Committee).

If the grade level of the judge filing the objection is of at least grade one, the Objections Committee would be headed by the Chief justice of the Cassation court and the membership of the Chief Attorney General and the most senior cassation judge.

If the grade level of the judge filing the objection is below grade one, then the Objections Committee is comprised of the Chief Justice of the Cassation Court or his / her designee and the membership one cassation judge appointed by the Chief Justice and the Head of the Appeal Court with jurisdiction over the court in which the judge serves.

86. How is a complaint filed to the Judicial Inspection Directorate?

A complaint filed against a judge may only be submitted through the Chief Justice or the Minister of Justice who in turn forward it to the Judicial Inspection Directorate for investigation.

Complaints against a judge are not accepted unless they contain complainant's name, signature, address and national number (if available) along with clear and specific facts ascribed to the concerned judge.

As for complaints against court staff, they may be submitted directly to the Chief Justice, the Minister of Justice, the secretary general of the Ministry of Justice, or the chief judge of the court in which the concerned staff serves at. Such complaints relating to simple administrative procedures are often dealt with by communicating directly with those concerned, without delay or routine procedures.

87- What is the difference between a complaint and a post judgment objection?

An objection or a protest relates to judgments and decisions for containing legal and procedural irregularities. Objections can be done through one of the following procedures: appeal, third party objections, retrial and protesting the judgment before the Cassation Court.

A complaint is related to the behavioral misconduct of judges and their aids, which is not related to the content of the judgments and decisions issued by the court. In other words a complaint is not another post judgment objection procedure.

88. How does the inspector deal with complaints filed against judges?

If the complaint is regarding the postponement of a case under consideration, the inspector may review the case and prepare a report for action.

If however, the subject of the complaint is other than postponement, the Inspector investigates it and issues an opinion by submitting a report to the Chief Justice and the Minister of Justice.  If the complaint was found to be groundless then it is filed, otherwise it is referred to the disciplinary board or to the Attorney General for appropriate action.

89. How are vexatious complaints dealt with? 

If through the investigation it becomes clear to the inspector that the complaint filed against the judge is vexatious and without merit, then he / she has the right to refer the complaint papers to the Attorney General to prosecute the complainant, in order to preserve the standing and reputation of the judiciary and those serving in it.

90. Are inspection proceedings confidential?

All inspections are confidential, and the disclosure of any information is considered a breach of official duties.

When reviewing a complaint, the inspector has no authority to request the transfer of the case file to his office or to retain it as long as the subject of the lawsuit has not been decided yet.

A confidential file is allocated for each judge in which inspection reports, his / her objections, complaints filed against him / her, and all actions and penalties levied upon him / her are kept.

Also, inspectors have no prior knowledge of the inspection tasks that will be assigned to them as each inspector is informed of the inspection task at the time of when the inspection is to take place according to an official assignment of such task by the Chief Inspector.

91. When was the Judicial Institute of Jordan established?

The Judicial Institute of Jordan was established pursuant to Law No. (3) in 1988, which remained in effect until the issuance of the Judicial Institute of Jordan Regulation No. (68) in 2001 and its amendments in accordance with the regulation No. (68) in 2005.

92. What are the responsibilities of the Judicial Institute of Jordan?

The Judicial Institute of Jordan is the official institution in the Kingdom responsible for judicial education and training. It prepares qualified persons for judicial positions through its Judicial Studies Diploma program, and offers a Continuing Legal Education (CLE) program designed to raise the competence of judges and MOJ staff, to keep them abreast with the latest legal, judicial and specialized developments in their field. Both programs are conducted using the most modern adult education techniques.

93. Who are the members of the JIJ board of director?

The JIJ board of directors is comprised of the membership of the following:

1.  The Minister of Justice as Chairman,
2.  The Chief Judge of the High Court of Justice Court as Vice Chairman,
3.  The Chief pf the Public Prosecution Department,
4.  The Secretary General of MOJ
5.  The Director of JIJ,
6.  The President of the Bar Association,
7.  Two judges whose rank is not less than Special, and
8.  Two law professors from official Jordanian universities.   

94. Who is the JIJ teaching faculty comprised of?

Teaching and training at the JIJ is conducted by:

1.   Sitting or retired judges who have spent a minimum of twelve years in service.
2.  Current or former members of teaching faculties from Jordanian universities at associate professor level or higher.
3.  Licensed lawyers who have been practicing law for no less than fifteen years, or combined fifteen years of service as a lawyer or as a judge.
4.  Arab and foreign judges and visiting professors of Arab and foreign universities.
5.  Specialists in relevant technical matters related to qualifying JIJ candidates (language and IT).

95. What is the Judicial Studies Diploma degree?

It is an academic degree awarded by JIJ which certifies that graduates have completed the Diploma studies requirements that were set in conjunction with the Ministry of Higher Education. The degree qualifies JIJ graduates to assume judicial positions in Jordan.

96. What are the admission requirements into the Judicial Studies Diploma program?

Admission requirements are as follows:

For Jordanian candidates:

1.  Thirty-five years of ages or younger and satisfy specified health requirements for appointment in the judiciary.
2.  Never convicted of a felony, except those pertaining to crimes that are political in nature.
3.  Never convicted by a court or a disciplinary board for a matter that contravenes honor, even if restituted or included in a general amnesty.
4.  Exhibit laudable conduct and maintain a good reputation.
5.  Hold a law degree from a Jordanian university, or an equivalent law degree from foreign a foreign law school, provided the certificate is acceptable for judicial appointment at its source.
6.  For undergraduate law degree holders, work experience as a licensed lawyers for a period not less than one year, or a minimum of three years of experience in a clerical position in regular courts is required. For graduate degree holder, two years of experience in a clerical position is required. For Doctorate degree holders, one year of experience in a clerical position is required.
7.  Pass the JIJ's official admissions test.
8.  Never expelled by the Institute for any reason nor failed more than two JIJ admissions test.  

For candidates from Arab and/or Islamic countries:

1.  Receive approval from the Minister of Justice upon recommendation of the JIJ Director.
2.  Be delegated by the applicant's government to study at JIJ.
3.  Hold, as a minimum, a Bachelors Degree in law from a university accredited in Jordan. 

97.  What is the duration of the Judicial Studies Diploma program?

The judicial Studies Diploma program is a two-year program consisting of (25) courses, awarding a total of (63) credit hours over the course of four mandatory academic terms. Students are also required to attend a five-month practical training program at regular courts during their fourth term, for which two four credit hours are allocated. They are also required to submit a specialized research paper for which one credit hour is allotted.

If an applicant fails the first year, he/she is dismissed from the Institute. If an applicant fails during the second year, he/she may repeat the second year for one time only.

In the case of the Efad program, studies are completed in one year. Under this program, court clerks are seconded by the Ministry of Justice to study at the JIJ for purposes of appointment in judicial positions.

98. How is the Continuing Legal Education program conducted at JIJ?

The Continuing Legal Education (CLE) program is implemented according to an annual plan that is set by specialists at JIJ. Courses are designed based on a needs assessment survey conducted among sitting judges and the recommendations set forth by the Judicial Inspection Directorate resulting from regular inspections conducted over the work of judges and court staff.

Courses within the CLE program are designed to focus on modern litigation methods as well as new legal topics and corresponding laws and regulations and relevant procedures and practices, such as case management, mediation, commercial law, intellectual property, juvenile justice, training of trainers, in addition to language and computer skills.

99. What is the Royal Committee for Judicial Upgrade?

It is a Committee formed by Royal directives on 29/8/2000, headed by H.E. the Prime Minister Ali Abu Al-Ragheb, and the membership of H.E. Ahamd Obeidat, H.E. Chief Justice Head of the Cassation Court Judge Ahmad Tarawneh and H.E. Faris Nabulsi the Minister of Justice, to assess the state of the Jordanian judiciary and provide recommendations for enhancing its legal, institutional and technical capacity in accordance with internal best practices.

The Committee's recommendations focused on increasing the number of judges and providing them with continuous training, improving the work and living conditions of judges, introducing legal amendments to some of the procedural laws in order to improve the efficiency of litigation procedures and court services, and the adoption of modern techniques such as case management of civil cases.

100. What is the Judicial Upgrading Strategy (JUST)?

It is a long-term plan adopted by the Ministry of Justice which outlines the future outlook and aspirations of the Jordanian judiciary for the coming years, along with ensuing modernization and development programs and projects.

The Strategy was developed and adopted in collaboration and coordination with the Judicial Council and relevant stakeholders as a continuation of the efforts and achievements of the Royal Committee for Judicial Upgrade.

101. What are the pillars of the Judicial Upgrading Strategy for the years 2004 – 2006?

1.    Judicial independence and integrity enhancement
2.    Judicial system dependability and efficiency enhancement
3.    Reduce demand on courts
4.    Judicial inspection enactment
5.    Courts infrastructure and access to justice improvement
6.    Capacity building of the Ministry of Justice
7.    Automation of MOJ and court procedures
8.    Human resources development of judges and court staff
9.    Service delivery enhancement of the: public prosecution department, notary public, execution department, sate lawyer department, technical office, police department and the notifications systems. 10. Strengthen ties with relevant stakeholders such as the Bar Association and law schools
11. Continuous revision of laws and their applications.