The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Judicial procedure and methodology of research about it (a model for one type of field researches in the legal discipline)

Document Type : p

Author
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10.22034/jlvi.2026.2051269.1306
Abstract
In the legal literature of our country, there is not seen a united and constant perception about the concept o the term “judicial procedure”. What has a legal and approximately transparent concept is the verdict for uniting judicial procedure. Nevertheless, it must be noted that the “united judicial procedure”, according to its legal meaning, is imperative, and will be issued when there is not a united procedure. In this article, the term [natural unity of procedure] is used for the situations that the unity is created naturally. The usual idea of the lawyers of our country is, apparently, that the natural procedure can be explored through reviewing some of the final judgments ant comparing them with each other. But, for this exploration in a determined subject, all or a scientific sample of the judgments of a determined area and determined length of time, must be reviewed and compared; the conclusion of reviewing the scientific sample of judgments can be generalized to the whole number of judgments. Actual tendency of the scientists of developed countries, in this type of researches, is to scientific sampling. The scientific confidence to such researches is depended to the scientism in sampling. The aim of this paper is to elaborate a scientific method for sampling from the judgments of a determined area and determined length of time, for the process of the research, and to elaborate the method of generalizing the results of surveying the verdicts of sample to the whole of verdicts of the area and length of time, about natural judicial procedure. Information collection is from books, journals, and scientific documents; and the analysis is based on a combination of scientific methods of scientific judgment and inferential statistics.
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Articles in Press, Accepted Manuscript
Available Online from 26 July 2026

  • Receive Date 20 January 2025
  • Revise Date 03 July 2026
  • Accept Date 24 May 2026