Chapter 1 Essential Elements of the Legal System - Business Law Study Guide

Introduction and Definitions of the Legal System

Definition of Law: * Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. * Broadly, it is defined as "A system of rules which is enforced and created through social or governmental institutions to regulate behaviour."
Forms of Government: * Monarchy: A governmental form where the absolute head of the state controls the country. * Democracy: A governmental form where the government is elected by the citizens.
Royal Decree: A law issued by His Majesty Sultan Haitham Bin Tariq, the Sultan of Oman. These are numbered sequentially along with the year in which the decree is officiated.

The Basic Law of the State (Royal Decree 6/2021)

Constitution of Oman: The Basic Law of the State (promulgated via Royal Decree 6/2021) serves as Oman’s Constitution.
Legal Framework: It provides the essential legal framework for the development and implementation of all government policy and legislation.
Establishment of Institutions: The Basic Law establishes the following bodies: * Majlis Oman: The legislative branch. * Independent Judiciary: A separate branch of government for the administration of justice.
Rights and Responsibilities: It defines the rights and responsibilities of Omani citizens, which are derived from: * Islamic values and traditions. * Omani legal and social values and traditions.

Structure and Specialties of Majlis Oman

Composition: Majlis Oman comprises two distinct bodies: * Majlis Al-Shura: Consists of elected members representing all the Wilayat (provinces) of the Sultanate. * Majlis Al-Dawla: Consists of a chairman and members. The total number of members (including the chairman) must not exceed the total number of members in the Majlis Al-Shura. Members are appointed by Royal Decree from specific segments specified by law.
Specialties and Powers of Majlis Oman: 1. Passing or modifying draft laws. 2. Debating development plans and the General Budget of the State. 3. Proposing draft laws in the manner prescribed by law.

The Council of Ministers

Function: Defined by the Basic Law as the body entrusted with implementing the public policies of the state.
Leadership: The sessions of the Council of Ministers are presided over by the Prime Minister.

Judicial Authorities and Their History in Oman

First Judicial Organization (1920): Marked by the establishment of Commercial and Civilian Courts in Muscat and Muttrah.
Pre-1970 System: Prior to 1970, the judicial system was limited primarily to the Sharia Court.
Renaissance of the Judiciary: The modern judicial era began with the issuance of the Judicial Authority Law via Royal Decree No. $90/99$ , which was later amended by Royal Decree No. $14/2001$ .
Branches of the Judicial System: 1. Independent Judiciary: Managed by the Supreme Judiciary Council. 2. Regular Court: Often referred to as the "Mother Judiciary." 3. Military Justice: Specialized jurisdiction for military matters.

The Supreme Judicial Council

Establishment: Established by Royal Decree No. $35/2022$ .
Leadership: His Majesty Sultan Haitham Bin Tariq acts as the Chairman of The Supreme Judicial Council.
Responsibilities: * Drawing up the general policy of the judiciary. * Ensuring the proper functioning and deployment of courts and the public prosecution.
Membership of the Council: 1. The Vice-President of the Supreme Judicial Council (holding the Rank of a Minister), appointed by Royal Decree. 2. Chairman of the Supreme Court. 3. Senior Vice President of the Supreme Court. 4. Head of the Administrative Department of the Supreme Court. 5. The Public Prosecutor. 6. Head of the General Administration of Judicial Inspection. 7. The two senior presidents of the Courts of Appeal.

The Regular Court System (Mother Judiciary)

Jurisdiction: This is the default judiciary; any matter lacking an explicit text for another court is referred here.
1. Primary Court: The first court where suits are raised. It is divided into two types based on claim value and complexity: * A. Individual Circuit Primary Court / Criminal Circuit: * Consists of one Judge. * Responsible for disputes where claims do not exceed $70,000\,R.O.$ * Handles issues such as money division or personal status matters. * B. Primary Court consisting of 3 Judges: * Specialized in claims with a value exceeding $70,000\,R.O.$ * Handles Bankruptcy, Insurance, and Intellectual Property cases.
2. Courts of Appeal: These courts hear cases if there is a non-compatibility or dispute regarding the conflict displayed before the Primary Court.
3. Supreme Court: * Supervises all courts in the Sultanate. * Comprises a Criminal Circuit and a Circuit for Civil, Commercial, and Personal Status matters.

Military Justice Courts

1. The Supreme Military Court: * Presided over by the Head of Military Justice or senior judges. * Composition: Five judges (including the Head of Military Justice or their representative). * Rank Requirement: No member shall have a rank lower than Major. * Competence: Hears appeals against judgments from the Court of Appeal regarding felonies and delicts.
2. Military Court of Appeal: * Presided over by an officer with a rank no less than Major. * Composition: Several departments, each composed of three judges. * Rank Requirement: No member shall have a rank lower than Captain. * Competence: Hears appeals for judgments issued in felonies and misdemeanors.
3. Military Court of First Instance: * Presided over by an officer with a rank no less than Captain. * Composition: Several chambers. * Rank Requirement: No member shall have a rank lower than Lieutenant. * Competence: Has jurisdiction over felonies and misdemeanors.

Public Prosecution

Role: An essential part of Oman’s judicial authority.
Function: Acts as a deputy and representative of society in various cases, following the fundamentals and requirements of Omani law.

General Sources of Law in Oman

Legislation: The main source of law in Oman and Arab countries. It is defined as setting legal rules in written form by a competent authority. It is divided into three tiers: * Constitution: The most important law; all other laws must agree with it. * Normal Legislation: Issued by the legislature. * Regulations: Issued by the government and its affiliated bodies.
Islamic Principles and Jurisprudence: Set as a secondary source by the Omani Legislature (referenced in Article (1) of the Omani Civil Law).
Custom: Binding habits that people have become accustomed to performing over time.

Questions & Discussion

Multiple Choice Questions

1. His Majesty Sultan Haitham bin Tariq issued the Constitution of Oman in the year: * Response: 2021.
2. The Supreme Judiciary Council is chaired by: * Response: His Majesty.
3. Vice President of the Supreme Judiciary Council is: * Response: None of the above (He is appointed by Royal Decree with the rank of Minister).
4. Before 1970, the Judicial system in the Sultanate was limited with: * Response: Sharia Courts.
5. Intellectual property cases are handled by: * Response: Primary Court consisting of three judges.
6. Which body acts as a deputy/representative of society in Omani law? * Response: Public prosecution.

Short Answer Questions

What are Royal Decrees? Give an example. * Explanation: Royal Decrees are laws issued by His Majesty the Sultan, numbered sequentially by year. Example: Royal Decree 6/2021 (The Basic Law).
Give a short note on "Supreme Court". * Explanation: It supervises all courts in the Sultanate and consists of Criminal, Civil, Commercial, and Personal Status circuits.
Explain the Courts of Appeal and Individual Circuit Primary Courts. * Explanation: Individual circuits handle claims up to $70,000\,R.O.$ with one judge. Courts of Appeal handle cases where litigants dispute the Primary Court's decision.
What are the general sources of law? * Explanation: Legislation (Constitution, Normal Legislation, Regulations), Islamic Principles/Jurisprudence, and Custom.

Long Answer Questions and Case-lets

Discuss Military Justice Courts: Involves the three levels (Supreme, Appeal, First Instance) with specific military rank requirements for judges ( $Major, Captain, Lieutenant$ ) and jurisdiction over specific military/security crimes.
Explain Regular Courts: Involves detailing the Primary, Appeal, and Supreme Court levels and their specific jurisdictions ( $70,000\,R.O.$ threshold).
Case-let 1 (Crimes involving military equipment/personnel): This identifies the Military Justice Courts. These are divided into the Supreme Military Court, Military Court of Appeal, and Military Court of First Instance.
Case-let 2 (Penalty exceeding RO. 70,000): This refers to the Primary Court consisting of three judges, which handles higher-value suits including bankruptcy, insurance, and intellectual property.