المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

Search this collection

  1. - كفاية الرد الضمني

    Principle 667A judge’s statement of the truth of which he is convinced and on which he based his adjudication. He is not obliged to follow the appellant through his various statements and arguments. Sufficiency of an implicit responsPleadings — Part Three · Source page 116
  2. Principle 668- Following the parties through their various statements and arguments and responding to each separately. Not required. Reason therefor. An implicit response is sufficient.Pleadings — Part Three · Source page 116
  3. Principle 669- Statement of the truth on which the judgment bases its ruling. Encompasses an implicit response defeating the litigants' arguments.Pleadings — Part Three · Source page 116
  4. Principle 670Examining the evidence and documents submitted in the action is within the authority of the trial judge. The import of that. Following the litigants through their various statements and arguments and responding to them sPleadings — Part Three · Source page 116
  5. Principle 671The trial court basing its ruling on tenable reasons. Its consequence. It is not obliged to follow the litigants through their various statements and arguments and respond to them separately. An implicit response sufficePleadings — Part Three · Source page 116
  6. Principle 672The court of merits bases its adjudication on what it has deduced from the facts of which it is convinced. Implication thereof. It is not obliged to pursue the litigants through their various statements and arguments andPleadings — Part Three · Source page 117
  7. Principle 673The court of merits' basing its ruling on reasonable grounds. Its implication. It is not obliged to follow the litigants through their various statements and arguments and respond to them separately. An implicit responsePleadings — Part Three · Source page 117
  8. Principle 674Following up the litigants’ arguments and responding to them separately is unnecessary. An implicit response suffices.Pleadings — Part Three · Source page 117
  9. Principle 675Following the litigants' arguments through the various aspects of their defenses and pleas. Not necessary. Unless based on material considerations.Pleadings — Part Three · Source page 117
  10. Principle 676Following the litigants through the aspects of their statements and their various arguments and claims, and responding separately to every statement and argument or what they raised in their pleadings. The court of fact Pleadings — Part Three · Source page 117
  11. Principle 677If the reasons for the judgment are themselves sufficient to constitute implicit reasons for rejecting a plea raised, the judgment is not at fault for not addressing it separately.Pleadings — Part Three · Source page 117
  12. Principle 678Following the litigants through the various aspects of their statements and their different arguments and requests, and responding to them separately. Not necessary. Sufficiency of implicit reasoning refuting them.Pleadings — Part Three · Source page 117
  13. Principle 679A plea or request implicitly answered by the judgment's grounds. Or one that does not rest on a valid factual or legal basis. Or one that does not rest on a material consideration capable of changing the view of the actiPleadings — Part Three · Source page 117
  14. Principle 680Examining the evidence and weighing it against one another. Within the authority of the judge of merits; he is not obliged to follow the litigants through every aspect of their substantive defence.Pleadings — Part Three · Source page 118
  15. Principle 681Following the litigants through their various statements and arguments and responding to each separately is not necessary.Pleadings — Part Three · Source page 118
  16. Principle 682The court of merits need not expressly address a plea raised before it where the reasons for its judgment serve as implicit reasons for rejecting the plea. Challenging the judgment on the assertion that it did not responPleadings — Part Three · Source page 118
  17. Principle 683Examining the evidence and documents submitted in the action and weighing them against each other falls within the authority of the court of merits. Following the litigants through their various statements, arguments, anPleadings — Part Three · Source page 118
  18. Principle 684Following up the litigants’ various statements and arguments and responding to each separately. Unnecessary.Pleadings — Part Three · Source page 118
  19. Principle 685Following the litigants through their various statements, arguments, or requests, and responding to each separately. Not necessary.Pleadings — Part Three · Source page 118
  20. Principle 686Responding to the litigants' various arguments and grounds of defense. Not necessary for the soundness of the judgment so long as the court has based its ruling on reasonable grounds.Pleadings — Part Three · Source page 118
  21. Principle 687Subordination and remuneration. The two essential characteristics of an employment contract. The judgment's finding that both exist, on grounds sufficient to sustain it. This contains an implicit response to the appellanPleadings — Part Three · Source page 118
  22. Principle 688The judgment basing its decree of divorce for harm on witness statements within the Sharia-required evidentiary number and on the inferences it drew, constituting an implicit answer to the statements and arguments raisedPleadings — Part Three · Source page 118
  23. Principle 689The trial court is not obliged to follow the litigants through their various statements and arguments, or direct them to submit evidence of their defence, or draw their attention to the requirements of their defence.Pleadings — Part Three · Source page 119
  24. Principle 690Examining and weighing the evidence, deriving what is considered to constitute the facts of the action, weighing expert opinions, and adopting what it finds convincing. Within the trial court's authority. It is not obligPleadings — Part Three · Source page 119
  25. Principle 691Forming an understanding of the facts of the action and ascertaining its truth. And examining the evidence, documents and presumptions submitted therein. Within the authority of the court of merits. It is not obliged to Pleadings — Part Three · Source page 119
  26. Principle 692The court is not obliged to follow the litigants' arguments. And respond to each separately. An implicit response is sufficient.Pleadings — Part Three · Source page 119
  27. Principle 693Following up the litigants’ various statements and arguments and responding to each separately. Unnecessary. The reason for this.Pleadings — Part Three · Source page 119
  28. Principle 694The judgment is not required to follow the litigants through their statements and arguments and respond to them separately, so long as it rests on grounds valid and sufficient to support it. An implicit response sufficesPleadings — Part Three · Source page 119
  29. Principle 695The judgment's conclusion on sound reasons that the relationship between the parties does not have the character of a current account constitutes an implicit response defeating the request to appoint an expert. - 119 - PPleadings — Part Three · Source page 119
  30. Principle 696The injured party's right to seek full compensation for the damage from any of those responsible where they are multiple. The judgment's conclusion establishing the subordinate's liability for the damage. Its refusal of Pleadings — Part Three · Source page 120
  31. Principle 697A judgment's failure to respond to judgments invoked by a litigant which have no binding force against his opponent. No defect. An implicit response suffices.Pleadings — Part Three · Source page 120
  32. Principle 698Assessing proofs and evidence, understanding circumstantial evidence, weighing them against one another, preferring that which inspires confidence and discarding the rest. Within the authority of the court of merits. EstPleadings — Part Three · Source page 120
  33. Principle 699Following the litigants through the statements and arguments they put forward and responding to them. Not necessary. An implicit response suffices.Pleadings — Part Three · Source page 120
  34. Principle 700Following the litigants’ arguments and answering each separately. Not necessary for the validity of the judgment.Pleadings — Part Three · Source page 120
  35. Principle 701Following the litigants through their defence and arguments and responding to them separately. Not necessary. An implicit response suffices.Pleadings — Part Three · Source page 120
  36. Principle 702Following the litigants through their various statements and arguments and responding to each separately. Not necessary for the soundness of the judgment. - Where the court adopts the expert's report, it is not obliged tPleadings — Part Three · Source page 120
  37. Principle 703It suffices for the court of merits to base its adjudication on reasons sufficient to sustain it, and it is not obliged to pursue the litigants' statements and arguments and respond to them. - 120 - ProcedurePleadings — Part Three · Source page 120
  38. Principle 704Drawing inferences. Within the authority of the court of merits. It is sufficient for it to state the truth of which it is convinced and base its ruling on reasonable grounds sufficient to support it. An implicit responsPleadings — Part Three · Source page 121
  39. Principle 705The court of merits is not obliged to follow the litigants through the aspects of their defence and respond to them. An implicit response is sufficient.Pleadings — Part Three · Source page 121
  40. Principle 706Following the litigants through their various statements and requests and responding separately to the arguments advanced by the litigants. Not required for the validity of a judgment where it is founded on what is soundPleadings — Part Three · Source page 121
  41. Principle 707Inferring the air carrier's fault giving rise to liability. Within the authority of the court of the merits, which is not obliged to follow the litigants' arguments. Sufficiency of an implicit response.Pleadings — Part Three · Source page 121
  42. Principle 708Ascertaining the facts, assessing the proofs and drawing inferences. Within the authority of the court of merits. It may adopt what inspires its confidence and discard the rest. Even if plausible, it is not obliged to foPleadings — Part Three · Source page 121
  43. Principle 709Assessment of maintenance of its various kinds. A matter of fact exclusively for the trial judge. The condition therefor. He is not required to follow the litigants through their various statements and arguments and respPleadings — Part Three · Source page 121
  44. Principle 710Ascertaining the facts, assessing the proofs and drawing judicial inferences. Within the authority of the court of merits. It may adopt what inspires its confidence and discard the rest, even if plausible. It is not obliPleadings — Part Three · Source page 121
  45. Principle 711Ascertaining the facts, examining the evidence and documents, and weighing them against one another. Within the authority of the court of merits. It is not obliged to follow the parties through the various aspects of thePleadings — Part Three · Source page 121
  46. Principle 712Ascertaining the facts, assessing evidence and proofs, and inferring the fault giving rise to liability and the causal relationship between it and the damage. Within the trial court's authority. It is not obliged to respPleadings — Part Three · Source page 122
  47. Principle 713It suffices for the court of merits to state the truth of which it is convinced and to base its judgment on cogent grounds sufficient to support it, the establishment of the truth of which it is convinced containing an iPleadings — Part Three · Source page 122
  48. Principle 714The court's discussing each item of evidence submitted to it separately. Not required. An implicit response is sufficient.Pleadings — Part Three · Source page 122
  49. Principle 715A request for referral for evidentiary investigation. Granting it or disregarding it. A right of the court of merits. Failure to mention it. An implicit rejection thereof which does not vitiate the judgment.Pleadings — Part Three · Source page 122
  50. Principle 716The court of merits is not obliged to discuss separately in its judgment every statement or argument advanced by the litigants. An implicit response is sufficient.Pleadings — Part Three · Source page 122
PreviousPage 13 of 75Next