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As part of the formal cooperative relationship between �ǿմ�ý School of Law and the Saudi Board of Grievances, the administrative branch of the judicial system of the Kingdom of Saudi Arabia, Robert N. Rapp, visiting assistant professor and the Louis C. Greenwood Lecturer in Residence, developed and presented a two-week program in Riyadh to judges and administrators of the Board of Grievances Administrative Courts focused on the language of a common law-based legal system, using the American constitutional, common law-based system as the model. Rapp’s program: “The Language of the American Constitutional, Common Law-Based Legal System: Usage and Meaning of Legal Terminology,” presented the language of common law-based systems in broad context, encompassing the interplay of judicial precedent and statutes and widely ranging from law and principles of equity in determining the scope of duties and remedies, to the civil and criminal jury system, to appellate review and particular applications in the common law of contracts and tort law. The program in Riyadh was facilitated by the amazing support of the leadership and staff of the Board of Grievances and was enthusiastically received by the participant Saudi judges and administrators.

Administrative Courts of the Saudi Board of Grievances have jurisdiction to decide disputes involving the Saudi Arabian government and government agencies, including the review and revocation of final administrative agency decisions; claims against administrative authorities arising out of administrative decisions or actions, or arising out of contracts to which the government or an administrative agency is a party; tort cases arising out of out of an administrative authority’s decisions or actions; and other administrative disputes generally in which the most common remedy available is monetary damages and equitable remedies are generally unavailable. Judges of the Board of Grievances Administrative Courts are trained and work in a code-based civil law system that is consistent with Islamic shariah law, although the Board of Grievances is not a Sharia Court as such. Judges of the Board of Grievances Administrative Courts have powers equivalent to a first instance, or trial level, court on the matters within their jurisdiction. Other courts in the Saudi judicial system –Sharia Courts—adjudicate criminal, civil, and personal status cases, and for which there are corresponding specialized courts of appeal.

For judges and administrators of the Saudi Board of Grievances, the language of a common law-based legal system such as the United States is unfamiliar. For them comprehensive legal codes and decrees control matters that come before their court and how they are adjudicated. Judicial precedent, case law, and the doctrine of stare decisis, which are the heart and soul of common law legal systems are largely foreign concepts. The “language” of a common law-based legal system such as the United States presented to the Saudi judges first and foremost cemented a broad understanding of the significance of decided cases and the interplay of judicial precedent and statutes in contrast to the singular focus on codified law that marks civil law systems generally. On that foundation the program went on to broader consideration of the language of a common law-based system in particular settings designed to foster an understanding and appreciation for concepts and principles that actually span all legal systems. 

In the Saudi program, presented on-site at the Board of Grievances over eight four-hour highly interactive sessions (facilitated by simultaneous translation as needed and extensive PowerPoint slides) from June 24 through July 4, 2024, participants explored:

• The essential, and distinctive, features of a common law-based legal system, including the significance of decided cases, the “rule of the case,” binding and non-binding authority and judicial precedent, the sources of law in a common law system and the hierarchy of courts;
• Federalism and legal terminology of the United States dual federal and state judicial system, including fundamental elements and limits of court jurisdiction, standing to litigate, and case or controversy requirements;
• “Law” and “Equity” in the common law-based system, including principles of equity and the language of legal and equitable remedies, legal and fiduciary duties illustrated by fiduciary duties in corporation law, juries and the judicial system, burdens of proof and procedural rules;
• The language of civil and criminal litigation in the American common law-based system;
• The language of appellate review in a common law-based system;
• The language of alternative dispute resolution; 
• A “words and phrases” journey through contract law under common law; and
• Legal terminology at the common law heart of tort law. 

Judges at all levels of the Saudi judicial system are today embracing continuing advancements in legislative and judicial systems aimed at prioritizing rights protection and streamlining paths to justice in Saudi Arabia. Participants in Rapp’s program, for example, expressed strong interest in mechanisms for enforcement of court judgments in the operations and procedures of the American common law-based court structure as the Saudi Board of Grievances in January 2024 launched the Kingdom’s first administrative enforcement court, responsible among other things for carrying out judicial decisions of the Administrative Courts and settling disputes related to their execution. Most court decisions by judges of the Board of Grievances, and judges generally in Saudi Arabia are not published and there is no common law concept of precedent. That said, initiatives are underway to publish books of legal principles and procedure to enhance consistency in judicial decision-making, and the program on the language of the American constitutional, common law-based legal system presented to judges and administrators of the Board of Grievances may inspire continued progress.

Although the program designed and presented by Rapp for the Board of Grievances judges and administrators does not teach American law as such, the widely respected American constitutional, common law-based system provides a unique platform for exploring and understanding the “language” of the common law and identifying common elements across systems through an understanding of legal terminology that positively impacts the effectiveness of judges and administrators in civil law systems generally. Saudi participants eagerly and comfortably interacted through that platform to gain important insights to benefit their own work. The cooperative relationship between �ǿմ�ý School of Law and the Saudi Board of Grievances has resulted in programs such as this presented in the Kingdom and programs which bring Saudi judges to the Law School for substantive learning and enrichment experiences. Continuing cooperative initiatives between the Law School and the Board of Grievances hold great promise for mutual benefit and international advancement of the rule of law.