Evidence and Trial Practice
Evidence and Trial Practice tests how facts are proved, excluded and weighed. The West Bank applies the Jordanian Evidence Law No. 30 of 1952 and procedural codes; Gaza applies its own evidence rules. The exam focuses on burden, admissibility and courtroom use.
Core rules
- The claimant bears the burden of the facts creating the right; the defendant bears the burden of defences.
- Evidence must be relevant, material and legally obtained. Documentary evidence requires authentication.
- Testimony is weighed by credibility, consistency and opportunity to observe.
- Expert reports advise the court; they do not bind it.
- Confessions must be voluntary; circumstantial evidence must be coherent.
Worked example
A sues for unpaid rent and produces a signed lease and bank statements showing no payments. The defendant says repairs were promised. The claimant proves the lease and non-payment; the defendant bears the burden of the repair agreement and must produce witnesses or documents. If the lease contains an entire-agreement clause, oral evidence may be excluded. The court weighs the documentary record, not the parties' assertions.
Traps
Confusing burden of proof with the duty to produce; assuming an expert binds the court; failing to authenticate copies; ignoring exclusionary rules for illegally obtained evidence.