Law 2101 Quiz: RIGHT TO AN ORAL HEARING
Document Summary
Every party is entitled to his or her day in court before the judgement is given. Courts may not decide before having heard the parties in court. Face- to face confrontations are useful to bring out the truth + just, fair decision principle of orality: - states that everything that is shown in a trial needs to be read out loud to (american jurists) Continental lawyers see this as time- consuming and prefer written version. There must be balance between written and oral forms of procedure principle of immediacy: - everything on which the court should base its judgement has to be produced in the presence of the court in an oral hearing. Written evidence is only allowed to be used in judgement if it was read out loud in presence of the parties and the court. Claims and defences are in mist cases based on alleged (mutmassliche) facts.
