Legal Definitions

Law:

It is a legislation enacted in order to implement provisions of the constitution. The draft thereof shall be prepared by the government, the parliament shall approve the same and it shall be promulgated in the official gazette as indication for beginning of applying the same officially.

Statute:

It is a legislation enacted in order to implement provisions of the law. The draft thereof shall be prepared by the concerned department, institution, authority or ministry. It shall be approved by council of ministers after completing the reformulation thereof by the Bureau of Legislation and Opinion and it shall be promulgated in the official gazette as indication for beginning of applying the same officially.

Instructions:

It is a legislation enacted in order to implement provisions of the law or statute. The draft thereof shall be prepared by the concerned department, institution, authority or ministry and it shall be approved by its general manager, chairman, board of directors or minister. It shall be promulgated in the official gazette as indication for beginning of applying the same officially.

Litigation in two instances:

This means that the provisions and resolutions issued by the court of first instance (reconciliation and first instance) shall be appealed at the court of second instance (appeal) to reject or reconsider the same. This also includes the possibility of contesting the provisions and resolutions of all these courts before court of cassation, which isn’t considered as one of litigation instances, as it is a court of law not court of subject matter.

Exchange of lawsuit's declarations:

The case shall be subject to exchange of regulations by resolution of president of the court and when it is necessary to notify the respondent with copy of the claim's declaration deposited by the appellant upon registering the lawsuit and to wait for the declaration of the respondent in reply to the claim during the specified legal period, before date of holding the session of trail for hearing the lawsuit. If the plaintiff didn’t present a reply declaration within the specified period, the period of the trial shall be determined and at such time, the respondent shall lose his right to present reply to the claim's declaration in any way or to present evidence in the lawsuit. At such time, his right shall be limited to presenting and discussing brief contains his pleas and objections to the evidence of the plaintiff and presenting final pleading. However, if the case isn’t subject to exchanging the declarations, the date of the trail session shall be determined directly within ten days as of date of registering the lawsuit at the registry department of the court.  

Judge:

He is the jural person especially qualified to assume responsibility of settling the disputes occurring between the natural and legal persons, to direct the deterrent punishment against, those who are proved that they have committed violations, misdemeanors and felonies through practicing his constitutionals power in implementing provisions of the law in the lawsuits heard before him in order to establish the justice and maintain the rights. The judges shall be independent and there is no control on their judgment other than by virtue of law. The power of appointing the judges shall be attributed to the Jordanian Judicial Council, which represents the top of the judicial authority pyramid and judicial authority within the Kingdom according to provisions of Law of Judicial Independence. It is conditioned that who is appointed as judge:

Shall be of Jordanian nationality and doesn’t hold the nationality of any other country.
Shall have completed the age of 27 years and healthily fit for appointment.
Shall have the civil capacity and not convicted with any felony.
Shall have not been convicted by any court of law or disciplinary council for any dishonor matter, even if rehabilitated or included in a general amnesty.
Shall be well mannered and having a good reputation. At appointment and before assuming the responsibilities of his position, a judge must take the following oath: (I swear by all Mighty God, to be faithful to my King and homeland, and to rule among people equally, respect the laws, perform my duties honestly and faithfully, and adhere to attitude of the honorable and honest judge).
In addition to the other conditions stipulated in the Judicial Independence Law.

Lawyer:

He is one of the judiciary assistants, who hold an academic degree approved in the law and permitted by Bar Association to practice the legal profession, so that he shall be authorized to present the judicial and legal assistance for those requires the same against legal fee to be agreed upon. His services include:

Appointing him as attorney to claim the rights and defend the same, whether this is before all courts in their different kinds and instances excluding Shariah Courts or before the arbitrators and departments of public prosecution.
Organizing the deeds, contracts and agreements and the procedures required in this regard.
Presenting the legal consultations and he may occupy the legal positions through qualifying him especially by obtaining certificate on Judicial Studies Diploma being granted by the Judicial Institute of Jordan. It is the official academic institution in the kingdom in charge of qualifying the jurists to occupy the judicial positions.

Judicial Police:

They are the officers entrusted with investigating the crimes, collecting the evidences thereof, arresting the committers thereof and referring them to the courts entrusted with punishing them. The duties of the judicial police shall be the prosecutor and his assistances and these duties shall be also carried out by the reconciliation judges in the centers, which have no prosecutor according to the rules stipulated in the law.

The prosecutor shall be assisted in performing duties of judicial police by:

Administrative arbitrators.
Director of Public Security.
Police Managers.
Head of Security Centers.
Officers and members of police.
Officials entrusted with examination and criminal investigation.
Mayors.
Heads of marine and air boats.
All employees entrusted with powers of judicial police according to Law of Criminal Procedure and the other related laws and statutes and according to the powers granted to them by virtue of these laws.

Accused:

He is the person, against him a criminal crime is attributed and the attorney general issues against him a resolution of accusation based upon suspicion resolution presented to him by the prosecutor. He shall be tried before the competent court to decide his issue, pass judgment of his innocence or impose the suitable penalty against him in case of proofing that he has committed the felony attributed to him.  

Suspected:

He is the persons to whom a misdemeanor is attributed and the prosecutor issues suspicion resolution. He shall be tried before the competent court to decide his issue, pass judgment of his innocence or impose the suitable penalty against him in case of proofing that he has committed the felony attributed to him.   

Witness:

He is the person, who is arraigned officially to attend before the court upon request of either party of the judicial lawsuit to hear his statements regarding the information he has on the facts and statuses of the heard case.  

Guarantor:

He is the person who shall supersede the debtor and his indebtedness is joined to him in executing the obligation of paying the debt amount, it is conditioned for concluding the guarantee that he shall be qualified to pay the same.

Summons server:

He is the court's official in charge of the official notification of the judicial papers issued by the court to the concerned persons; whether they are litigants, witnesses, experts or others by the mechanism stipulated by provisions of the law.

Guardian:

He is the father or parental grandfather, who shall undertake the issues of the incapacitated persons whether he is placed under guardianship or minor. The guardianship shall be by person or by money. The guardian in the marriage is the agnation personally and shall be based upon the order stipulated in the correct statement of the doctrine of Imam Abu Hanifa. It is conditioned for the capacity of the guardian, he shall be mature and rational and he shall be Muslim, if the fiancée is Muslim.    

Custodian:

He is the person, who has dignity and honesty, undertakes the issues of the incapacitated person and the custodianship shall be by money only. The custodian is also each person that he court deems him undertakes the issue of taking care of the juvenile or controlling him

Juvenile:

Each person completed age of seven years, but didn’t complete eighteen years; whether male or female.

Child:

The person who has completed age of seven years, but didn’t complete twelve years.

Teenager:

The person who has completed age of twelve years, but didn’t complete fifteen years.

Boy:

The person who has completed age of fifteen years, but didn’t complete eighteen years. All these categories are subject to provisions of law of juveniles, while he may not be prosecuted criminally, unless he has completed seven years old at time of committing the crime.   

Official deeds:

These are the deeds organized by the official officers authorized to organize the same legally and the judgments and actions shall be made according to the same without entrusting the presenter thereof to prove the stipulation thereof, unless they are proved to be forged. They also are the deeds organized by the holders thereof and approved by the official officers legally authorized to approve the same (such as the notary public). The application of the same shall be limited to the date and signature only. Ordinary deed: it is a document contains the signature of the person who has issued the same, his signature or his finger print and it may not have capacity of the official deed.

Domicile:

It is the place where the person ordinarily  resides and the person may have more than one domicile at the same time. I case of multiplicity, all domiciles shall be equal. The domicile of the minor, person placed under guardianship, the lost person, the absent person is the domicile of his legal representative. The domicile of the legal person is the place where its head office locates. The legal persons, whose head offices are abroad and have branches in Jordan, their branch office shall be domicile for them. A chosen domicile may be taken to execute specific legal action and it shall be the domicile regarding everything related to such action, unless it is conditioned to limit the same to some actions exclusively. The chosen domicile shall be proved in writing only. If the law imposed that the person shall determine a chosen domicile for him or if he is obligated to do so by virtue of an agreement and didn’t do so or his statement was incomplete or incorrect or if he has cancelled his chosen domicile and didn’t inform his litigant thereby. He may be notified by publishing two declarations in two local daily newspapers, provided that the declaration shall contain notification of necessity that the party required to be notified shall refer to the registry department of the court to handover the documents, if any. In addition, a date shall be determined in the mentioned resolution for the party required to be notified to attend before the court and present his defense, if so needed and required by the case.

Work place:

The place where the person practices a trade or profession or manages his funds thereat. As for the employee or worker, it is the place where he ordinarily practices his work. The person may have more than one workplace at the same time and in case of multiplicity, all work places shall be equal.