Document Type : Original Article
Authors
1
PhD Student in Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3
Professor, Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
10.30510/psi.2022.347678.3591
Abstract
The testimony of witnesses as one of the proofs of litigation has an important role in various legal systems of the world, including the common law. Formally, testimony in the unwritten legal system (common law) is basically oral and is in the form of inquiry and interrogation(interrogation) so that it is possible to discover the truth.In this way the main and reciprocal question is the three forms of questioning of witnesses or witnesses in countries subject to the common law system, including the United States.Thematically testimony is divided into direct and indirect testimony, which has been discussed in this study.Also the conflict of testimony the role of the judge in evaluating testimony,priority in direct and indirect testimony, etc.are other topics.That is addressed.The purpose of this study is to explain the issue by examining the place of this positive reason in practice and judicial procedure, based on the laws of societies subject to the common law system, especially the United States. The research method used is descriptive analytical method and in this regard, the opinions of scholars and jurists have been used.As a result, it can be said that testimony, despite some differences in the laws of countries, has been accepted as one of the reasons for proving litigation, and despite the restrictions that have been imposed on it in changing laws and regulations in the course of legal systems, Today,it plays an important role in litigation and the regulation of the legal policies of communities under the common law system.
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