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?

    <p>Poder de representación procesal (C)</p> Signup and view all the answers

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

    <p>Expert opinions (A)</p> Signup and view all the answers

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

    <p>The request for relief (C)</p> Signup and view all the answers

    Which term describes the legal actions taken against a defendant?

    <p>Demanda (D)</p> Signup and view all the answers

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

    <p>Multiple plaintiffs in a lawsuit (C)</p> Signup and view all the answers

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

    <p>Implied submission to the jurisdiction of a court (B)</p> Signup and view all the answers

    Which statement accurately describes 'fuero legal'?

    <p>A forum designated by a legal authority (B)</p> Signup and view all the answers

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

    <p>A motion to decline or challenge a jurisdiction (C)</p> Signup and view all the answers

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

    <p>The court declines to hear the case due to lack of jurisdiction (A)</p> Signup and view all the answers

    What governs civil procedural law in the United Kingdom?

    <p>Civil Procedural Rules (A)</p> Signup and view all the answers

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

    <p>Territorial jurisdiction (B)</p> Signup and view all the answers

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

    <p>The party that initiates a lawsuit (C)</p> Signup and view all the answers

    What does 'legitimación' determine in a legal context?

    <p>The standing to sue or be sued (D)</p> Signup and view all the answers

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

    <p>Declaratory judgment (A)</p> Signup and view all the answers

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

    <p>The joining of multiple parties in a lawsuit (D)</p> Signup and view all the answers

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

    <p>At their last residence in Spain (A)</p> Signup and view all the answers

    What does the term 'domicilio del demandado' signify?

    <p>The defendant's legal address (B)</p> Signup and view all the answers

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

    <p>To determine their authority over the case (B)</p> Signup and view all the answers

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

    <p>For disputes arising from business activities (C)</p> Signup and view all the answers

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

    <p>Subject-matter pertains to the content of the case, while functional relates to court stages. (D)</p> Signup and view all the answers

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

    <p>The legal principle dictating which court has authority (A)</p> Signup and view all the answers

    What is the meaning of 'inadmisión a trámite'?

    <p>Refusal to accept a claim for processing (A)</p> Signup and view all the answers

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

    <p>The act of declaring a defendant in default (B)</p> Signup and view all the answers

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

    <p>Defense indicating a lack of jurisdiction (C)</p> Signup and view all the answers

    What is the primary purpose of provisional remedies?

    <p>To guarantee rights and interests during proceedings (B)</p> Signup and view all the answers

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

    <p>The time limit to respond to a claim (D)</p> Signup and view all the answers

    Which option correctly defines 'allanamiento a la demanda'?

    <p>Acceptance of the plaintiff's claim (C)</p> Signup and view all the answers

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

    <p>Proof of final judgment in favor of the claimant (D)</p> Signup and view all the answers

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

    <p>It refers to a defense based on the expiration of a legal action. (D)</p> Signup and view all the answers

    Which of the following describes 'fumus boni iuris'?

    <p>The likelihood of success on the merits (B)</p> Signup and view all the answers

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

    <p>Intervención o administración judicial de bienes (D)</p> Signup and view all the answers

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

    <p>The process of serving the claim to the defendant (C)</p> Signup and view all the answers

    What procedure is indicated by 'celebrar una audiencia'?

    <p>To hold a hearing (B)</p> Signup and view all the answers

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

    <p>To establish the burden of proof (C)</p> Signup and view all the answers

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

    <p>Órdenes judiciales de cesación (B)</p> Signup and view all the answers

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

    <p>A person who produces evidence through testimony (C)</p> Signup and view all the answers

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

    <p>Caución sustitutoria (B)</p> Signup and view all the answers

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

    <p>Direct testimony (D)</p> Signup and view all the answers

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

    <p>Indirect testimonial evidence (C)</p> Signup and view all the answers

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

    <p>Judgment without ruling (D)</p> Signup and view all the answers

    Which action allows a party to voluntarily terminate legal proceedings?

    <p>Abandonment (C)</p> Signup and view all the answers

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

    <p>A claim after the statute of limitations expires (D)</p> Signup and view all the answers

    Which type of judgment becomes final and cannot be appealed?

    <p>Final unappealable judgment (C)</p> Signup and view all the answers

    What is an example of documentary evidence?

    <p>Written contracts (D)</p> Signup and view all the answers

    Which procedure allows for examination of the parties or witnesses?

    <p>Interrogation (B)</p> Signup and view all the answers

    Flashcards

    Subject matter of the proceedings

    The subject matter of a legal case or dispute, including the specific issue or claim being presented.

    Relief sought in a claim

    A request for a specific legal outcome, such as a declaration, enforcement, or provisional relief.

    Jurisdiction

    The legal authority of a court to hear and decide a case.

    Jurisdictional examination

    The court's examination of its own power to hear a case.

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    Subject-matter jurisdiction

    Jurisdiction based on the type of case or legal issue involved.

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    Functional jurisdiction

    Jurisdiction based on the stage or phase of the legal process.

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    Territorial jurisdiction

    Jurisdiction based on the location or territory where the case occurred or the parties reside.

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    Venue

    A legal rule designating a specific court as competent to hear a case based on the defendant's location.

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    Motion

    A formal written request made to a court asking for a specific judicial action. It's distinct from a 'writ,' which is a judicial order.

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    Incompetent Court

    When a court lacks the authority to hear or decide a case, it's considered incompetent.

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    Declining Jurisdiction

    A court's decision to formally decline its authority over a case.

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    Legal Capacity

    The legal capacity to be a party in a legal proceeding.

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    Legal Standing

    The right to bring a legal claim or be named as a defendant in a case. It's the legal standing to sue or be sued.

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    Corporate Address

    The legal address of a company; it's a key factor in determining jurisdiction.

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    Non-Legal Entity

    A legal entity that's not recognized by law. It lacks the legal capacity to sue or be sued.

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    Settlement

    The legal process where parties attempt to reach an agreement before filing a lawsuit.

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    Joinder of plaintiffs

    Multiple plaintiffs jointly bringing a claim.

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    Joinder of defendants

    Multiple defendants jointly facing a claim.

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    Claim

    The document initiating a lawsuit, outlining the claims and requested relief.

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    Statement of the allegations of fact and points of law

    The section of a claim stating the legal arguments and supporting evidence.

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    Pleadings

    The section of a claim outlining the specific relief requested.

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    Documents to be filed with a claim

    Documents filed with a claim to support the allegations made.

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    Appraisals/evaluations to establish the amount in dispute

    An evaluation of the value of the subject matter in dispute.

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    Witnesses summoned by the court

    Witnesses called by the court, not the parties, usually to provide impartial evidence.

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    Eyewitness

    A witness who directly observed the event in question.

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    Hearsay witness

    A witness who didn't directly see the event, but got information about it from someone else.

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    Written testimony

    Written statements made by a witness under oath.

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    Evidentiary procedure

    The process of presenting evidence before a court.

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    Documentary evidence

    Evidence that comes from a document, like contracts, letters, or photos.

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    Expert evidence

    Evidence provided by an expert in a specific field.

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    Judgment

    A legal judgement that resolves a dispute and ends the court process.

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    Provisional remedies

    These are legal tools used to safeguard rights and prevent harm during legal proceedings, especially when there's a risk of delay.

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    Periculum in mora

    This legal principle refers to the potential harm or damage to a claimant's rights if there is a delay in the resolution of a proceeding.

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    Fumus boni iuris

    Claimant's reasonable likelihood of succeeding in the case, based on available evidence.

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    Caución

    A legal obligation to post a security deposit to cover potential damages caused by utilizing provisional remedies.

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    Embargo preventivo de bienes

    Freezing a defendant's assets to prevent them from being sold or wasted before a final court decision.

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    Intervención o administración judicial

    Court appoints a third party to manage a company's assets to ensure their proper use and prevent harm.

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    Aportar pruebas

    Presenting evidence in a legal case.

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    Carga de la prueba

    The responsibility of one party to prove their claims in a legal case.

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    Filing a claim

    The legal process of formally initiating a lawsuit by presenting a written document outlining the claims and requests to the court.

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    Admitting a Claim

    When a court accepts a claim and agrees to hear the case. This means the case will proceed to the next stage.

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    Refusal to admit a claim

    When a court rejects a claim because it doesn't meet the necessary legal requirements. This means the case will not proceed.

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    Grounds for refusal

    Reasons why a claim might be rejected, such as not fulfilling procedural requirements or having defects that can't be fixed.

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    Service of Process (on Defendant)

    The official document informing the defendant about the lawsuit and the deadline to respond.

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    Default

    When a defendant fails to appear in court or file a response to the claim, they are considered in default. The plaintiff can then request the court to issue a judgment in their favor.

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    Acceptance of the Claim

    When a defendant agrees to the plaintiff's claims and does not contest the lawsuit.

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    Denial of the Claim

    When a defendant denies the allegations made by the plaintiff and contests the lawsuit. This means the case will continue.

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    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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