Validity of testimony, conditions and its positive value in the laws and legal policies of the communities subject to the common law system (Case Study: American Society)

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 student Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.30510/psi.2022.336428.3313

Abstract

Martyrdom today plays an important role in the legal system of countries around the world, including Iran and the United States. The form of testimony in the common law system is basically oral and is in the form of inquiry and interrogation so that it is possible to discover the truth. In this method, 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. In this research, an attempt has been made to explain the issue based on the laws of the societies subject to the common law system, especially the United States, while examining the position of this positive reason in practice and judicial procedure. Accordingly, the study has been studied under the title of the validity of testimony in American law in the light of judicial procedure, as a country subject to the common law system. Based on the presented materials, it was concluded that testimony, despite some differences in the laws of the countries, has been accepted as one of the reasons for proving litigation, and despite the restrictions on changes in laws and regulations in the course of system changes. Has played an important role in the litigation and regulation of the legal policies of societies under the common law system.

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