Testimony as a Means of Evidence A study Under Jordanian law and Judicial Decisions of Court of Cessation

Abstract

This study indicates the legal nature of a testimony as a duty and not as right. To sustain a testimony as a means of proof, it shall be given under oath. The Anglo- American law differs from the Jordanian law in which under the former a testimony shall be attached with an affirmation. This study also deals with the witness’s age and the relation between this age and the understanding of the nature of oath. It also addresses the following matters: the legal status of a witness who refuses to give a testimony, unsown testimony, the testimony given by certain persons against each other such as ; ancestors and descendants, and spouses , the classification of the testimony into eye testimony and hearsay testimony, the convincing testimony and the discretionary power of the court with respect to such matters, giving a false testimony, and inconsistency between the parts of the given testimony