In this short glossary I will try to explain some of the basics of the Israeli legal system:
Rules of Professional Ethics:
Also known as “Klalei Aetica Miktsoit,” these rules are the standard of conduct expected of lawyers, including a minimum level that they must maintain.
In Israel, the Israeli Bar (http://www.israelbar.org.il/english_index.asp) is the organization responsible for a lawyer’s conduct, including any breach of confidentiality between a lawyer and his client.
Anyone can initiate a complaint against a lawyer (no fees required), but it must be in Hebrew, in writing and in a very reasonable and short manner, without unnecessary displays of emotions or personal attacks.
For many reasons, I suggest you consult a lawyer before writing such a complaint.
The rules regarding ethics for lawyers can be found here (in Hebrew only) http://www.israelbar.org.il/UpLoadFiles/Bar_Association_Rules_%28professional_ethics%29_updated_december_2008.pdf.
Caveat Emptor:
Known as “Hizaher HaKonei” in Hebrew, in English it’s “let the buyer beware,” meaning that the buyer purchases at his own risk and therefore he should be aware of the consequences of the purchase BEFORE buying.
In recent years this doctrine has been weakened, but in Israel, because of our small market and many years with very little consumer protection, it is still very relevant. It is advised to use caution when purchasing goods. It is better not to buy if you are not sure that the item is what you really want. It is certainly better not to buy if you have any doubts regarding the seller’s probity.
The best place to complain regarding consumer rights is the Israeli Consumer Council. (http://www.consumers.org.il/category/en-consumers).
Summons:
Known as “Hazmana LeDin” in Hebrew. From the day you receive a summons, you will have a certain period of time to present a defense or a response to this legal procedure. It could be 15 to 45 days, but you must consult a lawyer immediately. An extension for the defense/response will be granted in most cases. In a “Hazmana LeDin” the receiver could be a defendant or even a witness.
The summons can be served by special delivery, by the person who initiated the lawsuit, by a private company specializing in serving summons or by registered mail sent by the court (such is the case in small claims court).
In odium spoliatoris omnia praesumuntur:
From the Latin, meaning: All things are presumed to the prejudice of the despoiler and every presumption is made against the wrongdoer.
If you are a defendant or even a plaintiff in a case, your opponent will try to find as many wrongdoings that you’ve done as possible. Remember that a judge is supposed to be impartial, but he can be influenced by your previous behavior.
A good and very common example is when a tenant is being sued by his landlord and during the process it comes out that the same plaintiff has himself been in breach of the contract several times. Even though the judge is obligated to be impartial, he is inevitably influenced by such previous violations.
If the tenant is the plaintiff and it happens that he hasn’t been paying the rent on time or has caused damages without fixing them, the judge will take his bad behavior into consideration, thus favoring the other side. Like it or not, both sides will be judged.
Intent
In Hebrew, “Kavana” or “Means Rea” in Latin:
Intent is a state of mind and can rarely be proved directly – it must be inferred from facts and circumstances. This is correct with the one disturbing exception that in the State of Israel the district attorney and the police can “read your mind,” and therefore “know your true intentions.” This is a reality of the Israeli legal system.
Lex Terrae
The law of the land – the most important concept of all the above.
Remember you are in Israel now: When in Rome, do as the Romans do!.
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