Abstract

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.

Highlights

  • 1.1 Topic of StudyThis study deals with the subject of grave judicial errors

  • We see clearly from the above, that grave judicial error is not a recently emerging idea, but a very old idea rooted in hundreds of years of history in France, and yet the Jordanian legislative system continues to lack any stipulation on this matter with no logical justification, rationalization, or practical reality

  • We defined serious judicial errors as a: "wrongful act performed by the judge while undertaking his judicial work resulting in damage to one of the litigants in such a way that would not have happened had the judge been attentive to his or her work, or careful, vigilant and had not neglected his work, or had not had sufficient knowledge of the law he was applying or had not been privy to the facts established in the lawsuit"

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Summary

Topic of Study

A judge is not infallible or incapable of error While undertaking his or her judicial work, he or she may commit a grave judicial error, a reflection of his or her legal ignorance in a certain area or an inconceivable neglect of his or her duties, which leads to the infliction of harm upon one of the litigants. This opens him or her up to legal action against him or her, and to claims for compensation. This study aims to shed light on this subject from all angles

The Significance of the Study
Aims of the Study
Plan for the Study
The Definition of Grave Judicial Errors
The Origins of the Grave Judicial Error
The Forms of the Grave Judicial Error
Gross Judicial Errors in the Performance of Duty
Grave Judicial Errors in the Carrying out of Jurisdiction
Conclusion
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