1. Derecho Procesal

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Questions and Answers

What is the primary purpose of an acto de conciliación?

To escalate the conflict to court

To provide a judgement on the dispute

To negotiate a resolution before a lawsuit (correct)

To gather evidence for trial

Which term is used to describe parties who are joint-defendants in a legal process?

Litisconsorcio pasivo (correct)

Demanda

Acto de conciliación

Litisconsorcio activo

What must be submitted to initiate the process of conciliación?

Evidence of the dispute

A request for a settlement hearing (correct)

A legal judgement

A formal complaint

Which component is NOT part of the structure of a demanda?

Poder de representación procesal Signup and view all the answers

What is typically included with a demanda to establish the amount in dispute?

Expert opinions Signup and view all the answers

What does 'suplico' refer to in the structure of a demanda?

The request for relief Signup and view all the answers

Which term describes the legal actions taken against a defendant?

Demanda Signup and view all the answers

In the context of litigation, what does 'litisconsorcio activo' refer to?

Multiple plaintiffs in a lawsuit Signup and view all the answers

What does 'sumisión tácita' refer to in a legal context?

Implied submission to the jurisdiction of a court Signup and view all the answers

Which statement accurately describes 'fuero legal'?

A forum designated by a legal authority Signup and view all the answers

The term 'declinatoria' is best defined as which of the following?

A motion to decline or challenge a jurisdiction Signup and view all the answers

What does it mean if a court declares 'incompetente'?

The court declines to hear the case due to lack of jurisdiction Signup and view all the answers

What governs civil procedural law in the United Kingdom?

Civil Procedural Rules Signup and view all the answers

What type of jurisdiction involves the authority over the case based on geographic location?

Territorial jurisdiction Signup and view all the answers

Which party is referred to as the 'demandante' in legal proceedings?

The party that initiates a lawsuit Signup and view all the answers

What does 'legitimación' determine in a legal context?

The standing to sue or be sued Signup and view all the answers

Which type of claim seeks to establish a legal status without enforcing any rights?

Declaratory judgment Signup and view all the answers

The term 'litisconsorcio' refers to which situation in legal proceedings?

The joining of multiple parties in a lawsuit Signup and view all the answers

According to Article 50, where can a defendant be sued if they have no residence in Spain?

At their last residence in Spain Signup and view all the answers

What does the term 'domicilio del demandado' signify?

The defendant's legal address Signup and view all the answers

What is the primary purpose of jurisdictional examination by courts or judges?

To determine their authority over the case Signup and view all the answers

In what scenario can a business be sued in a location where they operate?

For disputes arising from business activities Signup and view all the answers

What is the distinction between subject-matter jurisdiction and functional jurisdiction?

Subject-matter pertains to the content of the case, while functional relates to court stages. Signup and view all the answers

What does ‘fuero’ refer to in the context of territorial jurisdiction?

The legal principle dictating which court has authority Signup and view all the answers

What is the meaning of 'inadmisión a trámite'?

Refusal to accept a claim for processing Signup and view all the answers

Which of the following describes 'rebeldía' in legal terms?

The act of declaring a defendant in default Signup and view all the answers

What is meant by 'excepción de falta de competencia'?

Defense indicating a lack of jurisdiction Signup and view all the answers

What is the primary purpose of provisional remedies?

To guarantee rights and interests during proceedings Signup and view all the answers

What does 'plazo para contestar la demanda' refer to?

The time limit to respond to a claim Signup and view all the answers

Which option correctly defines 'allanamiento a la demanda'?

Acceptance of the plaintiff's claim Signup and view all the answers

Which of the following is NOT a requirement for granting provisional remedies according to the LEC?

Proof of final judgment in favor of the claimant Signup and view all the answers

What is the significance of 'excepción de caducidad de la acción'?

It refers to a defense based on the expiration of a legal action. Signup and view all the answers

Which of the following describes 'fumus boni iuris'?

The likelihood of success on the merits Signup and view all the answers

What type of provisional remedy involves the placement of productive assets under judicial supervision?

Intervención o administración judicial de bienes Signup and view all the answers

What does 'traslado de la demanda al demandado' entail?

The process of serving the claim to the defendant Signup and view all the answers

What procedure is indicated by 'celebrar una audiencia'?

To hold a hearing Signup and view all the answers

What is the primary function of 'carga de la prueba' in an evidentiary procedure?

To establish the burden of proof Signup and view all the answers

Which of the following is an example of a judicial order that restricts actions?

Órdenes judiciales de cesación Signup and view all the answers

What is the role of 'testigo' in the context of evidentiary procedures?

A person who produces evidence through testimony Signup and view all the answers

Which of the following serves as a guarantee against potential damages when provisional remedies are adopted?

Caución sustitutoria Signup and view all the answers

What type of evidence is primarily concerned with information provided by eyewitnesses?

Direct testimony Signup and view all the answers

Which term describes evidence provided by someone who did not directly witness the event?

Indirect testimonial evidence Signup and view all the answers

What type of judgment is issued without a ruling on the merits?

Judgment without ruling Signup and view all the answers

Which action allows a party to voluntarily terminate legal proceedings?

Abandonment Signup and view all the answers

What is considered time-barred due to a lapse of action?

A claim after the statute of limitations expires Signup and view all the answers

Which type of judgment becomes final and cannot be appealed?

Final unappealable judgment Signup and view all the answers

What is an example of documentary evidence?

Written contracts Signup and view all the answers

Which procedure allows for examination of the parties or witnesses?

Interrogation Signup and view all the answers

Study Notes

Procedural Law (Derecho Procesal)

Spanish Civil Procedure is governed by the LEC.
UK civil procedure is governed by the "CPR" or "Civil Procedural Rules".
US civil procedure is governed by the "Federal Rules of Civil Procedure".

General Terminology of the Judicial System

Object of the Civil Procedure: What is the subject matter of the proceedings? This includes classifying claims as declaratory, executive, or precautionary. What relief is sought?
Litigation/Dispute: The legal conflict between parties.
Competence/Incompetence of the Courts: The court's jurisdiction examined. Jurisdiction may be determined by the subject matter, the stage of the proceedings, or geography/location.

Specific Cases for Individuals

Article 50 (General Rules for Individuals):
- The competent court for a case is generally the court of the defendant's domicile, or, if no domicile is in the country, the place of residence.
- Defendants without a domicile or residence in Spain can be sued in a suitable place in the country.
Article 51 Business Entities/Entities Without Legal Personality:
- Usually sued at the business's location.
- There may also be suit cases where the business has a location open to the public, or a designated representative.

Express and Tacit Submission

Article 55 Express Submission: Parties specifically choosing the court.
Article 56 Tacit Submission: Situations understood as choosing a court. Example: bringing a claim, or not filing a declinatory.

Key Terms

Fuero: (Forum) A legal term related to jurisdiction.
Domicilio Social/Corporate Address: Location for legal entities.
Legal Entity: Non-personal (corporate) entity
Court Representative/Procurator: Appointed legal representative in Spanish courts.
Place of Activity: Location of actual work for a business.
Declinatoria: Motion objecting to a court's jurisdiction.
Incompetence: A judge or court that lacks jurisdiction.
Parties in Civil Proceedings: Plaintiff/Claimant and Defendant/Respondent.
Litigant: Person involved in litigation.
Legal Counsel/Lawyer: Lawyers representing the parties.
Court Representative/Procurador: Legal representatives in Spanish law.
Capacity (Capacidad): Legitimate standing to participate.
Standing/Legitimation: Legal right to be a party to the process.

Joinder/Co-Parties

A case with multiple parties may have joint litigants based on the claim.
- Litigants' claims could be active or passive (plaintiff/defendant).

Reconciliation Acts

Acts of reconciliation resolve conflict between parties before formal action.
"Settlement" in English is equivalent.
Aim is to avoid trial if a compromise/agreement is reached.
Usually starts with submitting/filing a form for a settlement hearing.

The Claim (La Demanda)

Claim (or lawsuit).
Action steps begin by making the claim.
Structure of a claim:
- Heading
- Facts and legal arguments
- Specific asks/pleadings
- Date and signature
Documents for a claim
- Power of representation
- Value of dispute information/appraisal
- Documentation relating to the legal merits of the case

Presentation and Admission/Dismissal of the Claim

Presenting and getting a claim accepted.
Reasons to likely be rejected.
Transfers of action paper (process)
Summons process to defendant/respondent.

Default (Rebeldía)

Failing to appear in court (non appearance).
Failing to answer/defend.
Declarations of being in default when required.
Defendant in default.

Answer to the Claim (Contestación)

Deadline for answering the claim.
Consent to claim.
Denial of the allegations.
Suspension of the legal proceedings.

Procedural Defenses (Excepciones Procesales)

Defending actions in court.
Challenging/Raising defenses regarding form or material issues.
Specific defenses, potentially based on material, lack of capacity, lack of jurisdiction, or power of a representative.

Dismissal Defenses (Excepciones Procesales)

Defenses raised against the claim.
Examples: insufficiency/illegality of authority from a representative, lack of standing, lapse of time, issues dealing with what has already been decided.

Pre-Trial Hearing (Audiencia Previa)

Formal hearing before a full trial.
Potentially resolves conflict early.
Ways to end proceedings without a trial, like an agreement from the parties or inability of parties to appear.

Provisional Remedies (Medidas Cautelares)

Temporary measures to protect rights/interests.
Precautionary (Interim or Injunctive Relief).
Aims to prevent a delay in proceedings.
Potential cases requiring bonds/deposits

Provisional Remedy Cases (Medidas Cautelares)

Risks of irremediable injury, loss to the claiment, difficulty in getting resolution.
Appear to be on substance of the case; strong prima facie cases.
Providing security for damage from precautionary measures to the defendant.

Types of Provisional Remedies

Asset freezing/seizure of assets.
Judicial action for managing business assets.
Depositing money with the court.
Asset inventory/record keeping.
Order limiting actions.
Temporary halt of company operations

Evidentiary Procedure (El procedimiento probatorio)

Gathering evidence.
Presentation of evidence to a court.
Oral and written evidence.
Expert testimony.
Legal recognition of the evidence.
Reproduction of voice, sound, pictures.

Other ways to conclude a case (Otras formas de terminacion del proceso)

Withdrawn if parties agree.
If party declines to pursue the suit.
If suit is not pursued in time.
Agreement(settlement)

Judgement (La Sentencia)

Final judicial decision on the case.
Resolves the conflict between parties.
May be a simple dismissal or ruling on the merits.

Judgement Types (La Sentencia)

Types of Judgments based on nature of case, if claim is resolved, or on whether the merits of the case are reviewed.
Final appeals judgments.
Judgments that have become final and unappealable

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