Controls Of the Court's Authority to Conduct the Necessary Expertise to Adjudicate the Case

Abstract

The purpose of this study is to indicate the controls of the Court's competence to conduct the expertise necessary to adjudicate the case on its own initiative, The study dealt with the linguistic and terminological definition of the concept of expertise, as well as an indication of the adaptation of judicial expertise and its characteristics, and then addressed in an independent examiner the issue of the expertise necessary to adjudicate the case, The texts governing this issue have been reviewed in Jordanian and comparative legislation.

In addition to reviewing the most important issues on which there are different jurisprudence of the Jordanian Court of Cassation. in the extent to which experience is considered necessary in certain matters

This study also demonstrated the objective and temporal controls governing the issue of conducting the necessary expertise, to what extent the Court can conduct the expertise on its own as necessary for the adjudication of the case as well as how to reconcile and harmonize them with one of the most important principles of evidence.

That is, the evidence of the litigants' right, in order to arrive at a set of conclusions and recommendations, was presented at the end of this study.