Comparative Study of Common Law and Iran’ s Legal System: The Extent of Validity Offered to the Closed Legal Cases in the Procedures of Extrajudicial Resolution of the Conflicts

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Hadadi Maryam; Maghsoud Pour Rasoul; Hosseini Pouya Seyyed Mohsen

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Journal: International Police Studies Quarterly Year:2021 | Volume:12 | Issue:45 Page(s): 136-160

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Title

Comparative Study of Common Law and Iran’ s Legal System: The Extent of Validity Offered to the Closed Legal Cases in the Procedures of Extrajudicial Resolution of the Conflicts

Author(s)

Hadadi Maryam | Maghsoud Pour Rasoul | Hosseini Pouya Seyyed Mohsen | Issue Writer Certificate

Keywords

The Validity of the Closed Legal Case

The Procedures of Extrajudicial Conflict Resolution

The Legal System within the body of the Common Law

Arbitration

Abstract

Field and Aims: The validity of the previously closed legal cases as a universal principle employed to avoid the reinstatement of cases to the courts and the maintenance of order is a recurring topic within the judicial systems. In contrast, the extrajudicial procedures of conflict resolution such as Arbitration, mediation, reconciliation, and negotiation do not follow a unified pattern and the question that is raised in this concept is that do these procedures include the extent of the validity that is offered to a closed legal case or not? The attempt to find the answer to this question, due to the unity of the causes and the flaws that might occur in practice, has resulted in complications in the process of issuing a legal verdict in Iran, while the same provisions have resulted in a decrease to the cases that might be included within this concept in the body of the Common Law because of the impacts of the validity that was extended to these cases. Methodology: The study at hand has been drafted within a descriptive-analytical platform. Findings and Conclusion: The procedures of conflict resolution that occur in a conventional platform, in addition to the fact of being less costly, include a comprehensive scope of matters that can be resolved this way. In contrast, the first step in the resolution of conflicts within the judicial system of Iran is filing a lawsuit in the courts and the aforementioned methods are rarely employed in this case, only to put pressure on the parties involved within the lawsuit. The act of Arbitration in the case of multiple conflicts which occur along with a verdict that has been already issued by the court is considered within the realm of the extent of validity that is offered to a closed legal case. While other procedures since they are not impacted by the principles regarding the extent of The Validity of the Closed Legal Cases, such as finality of the decisions due to the requirements of its correct execution, are not included within the terms of the validity and their only advantage within the body of the Common Law is that the conflicts are therefore resolved if these procedures are observed and the judicial system is no longer required to invest its resources on these matters.

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APA: Copy

Hadadi, Maryam, Maghsoud Pour, Rasoul, & Hosseini Pouya, Seyyed Mohsen. (2021). Comparative Study of Common Law and Iran’ s Legal System: The Extent of Validity Offered to the Closed Legal Cases in the Procedures of Extrajudicial Resolution of the Conflicts. POLICE INTERNATIONAL STUDIES, 12(45 ), 136-160. SID. https://sid.ir/paper/387453/en

Vancouver: Copy

Hadadi Maryam, Maghsoud Pour Rasoul, Hosseini Pouya Seyyed Mohsen. Comparative Study of Common Law and Iran’ s Legal System: The Extent of Validity Offered to the Closed Legal Cases in the Procedures of Extrajudicial Resolution of the Conflicts. POLICE INTERNATIONAL STUDIES[Internet]. 2021;12(45 ):136-160. Available from: https://sid.ir/paper/387453/en

IEEE: Copy

Maryam Hadadi, Rasoul Maghsoud Pour, and Seyyed Mohsen Hosseini Pouya, “Comparative Study of Common Law and Iran’ s Legal System: The Extent of Validity Offered to the Closed Legal Cases in the Procedures of Extrajudicial Resolution of the Conflicts,” POLICE INTERNATIONAL STUDIES, vol. 12, no. 45 , pp. 136–160, 2021, [Online]. Available: https://sid.ir/paper/387453/en

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