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3.
The Judicial System
Similar
to the judicial system in most of the countries in the Area, Iraqi
courts are divided into two major divisions namely; Civil and Criminal.
Personal Status courts, which form the third division, mainly deal
with matters of personal status such as marriage, divorce, custody
of children, inheritance, endowments and similar matters. Litigation
in these courts is generally provided in three stages, namely, courts
of first instance, appeal and cassation. State security matters
and serious criminal offences are usually referred to special courts.
4.
The Judiciary
Judges
are usually appointed by the Ministry of Justice from amongst graduates
of recognised law colleges who begin their careers by serving as
clerks and officer of the courts. Judges are assigned to serve in
courts, transferred and promoted by the Ministry of Justice.
5.
The Legal Profession
Practising
lawyers have to be members of the Iraqi Lawyers Association. They
should be graduates of an Iraqi law college or other recognised
college which requires an additional Law Association examination.
After a period of training lawyers are allowed to plead cases in
the different court divisions. Practising Arab lawyers who are members
of an Arab Lawyers Association are allowed to plead cases on the
basis of reciprocity and after obtaining the approval of Head of
the Lawyers Association.
6.
Laws Regulating Litigation
Enforcement
of Foreign Judgements law No. 30 of 1928.
Lawyers Association Law No. 173 of 1965 (as
amended)
Civil Procedures law No. 83 of 1969.
Evidence law No. 107 of 1979.
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