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Questions and Answers
What is the primary purpose of an acto de conciliación?
What is the primary purpose of an acto de conciliación?
Which term is used to describe parties who are joint-defendants in a legal process?
Which term is used to describe parties who are joint-defendants in a legal process?
What must be submitted to initiate the process of conciliación?
What must be submitted to initiate the process of conciliación?
Which component is NOT part of the structure of a demanda?
Which component is NOT part of the structure of a demanda?
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What is typically included with a demanda to establish the amount in dispute?
What is typically included with a demanda to establish the amount in dispute?
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What does 'suplico' refer to in the structure of a demanda?
What does 'suplico' refer to in the structure of a demanda?
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Which term describes the legal actions taken against a defendant?
Which term describes the legal actions taken against a defendant?
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In the context of litigation, what does 'litisconsorcio activo' refer to?
In the context of litigation, what does 'litisconsorcio activo' refer to?
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What does 'sumisión tácita' refer to in a legal context?
What does 'sumisión tácita' refer to in a legal context?
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Which statement accurately describes 'fuero legal'?
Which statement accurately describes 'fuero legal'?
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The term 'declinatoria' is best defined as which of the following?
The term 'declinatoria' is best defined as which of the following?
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What does it mean if a court declares 'incompetente'?
What does it mean if a court declares 'incompetente'?
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What governs civil procedural law in the United Kingdom?
What governs civil procedural law in the United Kingdom?
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What type of jurisdiction involves the authority over the case based on geographic location?
What type of jurisdiction involves the authority over the case based on geographic location?
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Which party is referred to as the 'demandante' in legal proceedings?
Which party is referred to as the 'demandante' in legal proceedings?
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What does 'legitimación' determine in a legal context?
What does 'legitimación' determine in a legal context?
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Which type of claim seeks to establish a legal status without enforcing any rights?
Which type of claim seeks to establish a legal status without enforcing any rights?
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The term 'litisconsorcio' refers to which situation in legal proceedings?
The term 'litisconsorcio' refers to which situation in legal proceedings?
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According to Article 50, where can a defendant be sued if they have no residence in Spain?
According to Article 50, where can a defendant be sued if they have no residence in Spain?
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What does the term 'domicilio del demandado' signify?
What does the term 'domicilio del demandado' signify?
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What is the primary purpose of jurisdictional examination by courts or judges?
What is the primary purpose of jurisdictional examination by courts or judges?
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In what scenario can a business be sued in a location where they operate?
In what scenario can a business be sued in a location where they operate?
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What is the distinction between subject-matter jurisdiction and functional jurisdiction?
What is the distinction between subject-matter jurisdiction and functional jurisdiction?
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What does ‘fuero’ refer to in the context of territorial jurisdiction?
What does ‘fuero’ refer to in the context of territorial jurisdiction?
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What is the meaning of 'inadmisión a trámite'?
What is the meaning of 'inadmisión a trámite'?
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Which of the following describes 'rebeldía' in legal terms?
Which of the following describes 'rebeldía' in legal terms?
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What is meant by 'excepción de falta de competencia'?
What is meant by 'excepción de falta de competencia'?
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What is the primary purpose of provisional remedies?
What is the primary purpose of provisional remedies?
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What does 'plazo para contestar la demanda' refer to?
What does 'plazo para contestar la demanda' refer to?
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Which option correctly defines 'allanamiento a la demanda'?
Which option correctly defines 'allanamiento a la demanda'?
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Which of the following is NOT a requirement for granting provisional remedies according to the LEC?
Which of the following is NOT a requirement for granting provisional remedies according to the LEC?
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What is the significance of 'excepción de caducidad de la acción'?
What is the significance of 'excepción de caducidad de la acción'?
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Which of the following describes 'fumus boni iuris'?
Which of the following describes 'fumus boni iuris'?
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What type of provisional remedy involves the placement of productive assets under judicial supervision?
What type of provisional remedy involves the placement of productive assets under judicial supervision?
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What does 'traslado de la demanda al demandado' entail?
What does 'traslado de la demanda al demandado' entail?
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What procedure is indicated by 'celebrar una audiencia'?
What procedure is indicated by 'celebrar una audiencia'?
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What is the primary function of 'carga de la prueba' in an evidentiary procedure?
What is the primary function of 'carga de la prueba' in an evidentiary procedure?
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Which of the following is an example of a judicial order that restricts actions?
Which of the following is an example of a judicial order that restricts actions?
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What is the role of 'testigo' in the context of evidentiary procedures?
What is the role of 'testigo' in the context of evidentiary procedures?
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Which of the following serves as a guarantee against potential damages when provisional remedies are adopted?
Which of the following serves as a guarantee against potential damages when provisional remedies are adopted?
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What type of evidence is primarily concerned with information provided by eyewitnesses?
What type of evidence is primarily concerned with information provided by eyewitnesses?
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Which term describes evidence provided by someone who did not directly witness the event?
Which term describes evidence provided by someone who did not directly witness the event?
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What type of judgment is issued without a ruling on the merits?
What type of judgment is issued without a ruling on the merits?
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Which action allows a party to voluntarily terminate legal proceedings?
Which action allows a party to voluntarily terminate legal proceedings?
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What is considered time-barred due to a lapse of action?
What is considered time-barred due to a lapse of action?
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Which type of judgment becomes final and cannot be appealed?
Which type of judgment becomes final and cannot be appealed?
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What is an example of documentary evidence?
What is an example of documentary evidence?
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Which procedure allows for examination of the parties or witnesses?
Which procedure allows for examination of the parties or witnesses?
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Flashcards
Subject matter of the proceedings
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
Relief sought in a claim
A request for a specific legal outcome, such as a declaration, enforcement, or provisional relief.
Jurisdiction
Jurisdiction
The legal authority of a court to hear and decide a case.
Jurisdictional examination
Jurisdictional examination
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Subject-matter jurisdiction
Subject-matter jurisdiction
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Functional jurisdiction
Functional jurisdiction
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Territorial jurisdiction
Territorial jurisdiction
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Venue
Venue
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Motion
Motion
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Incompetent Court
Incompetent Court
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Declining Jurisdiction
Declining Jurisdiction
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Legal Capacity
Legal Capacity
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Legal Standing
Legal Standing
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Corporate Address
Corporate Address
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Non-Legal Entity
Non-Legal Entity
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Settlement
Settlement
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Joinder of plaintiffs
Joinder of plaintiffs
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Joinder of defendants
Joinder of defendants
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Claim
Claim
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Statement of the allegations of fact and points of law
Statement of the allegations of fact and points of law
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Pleadings
Pleadings
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Documents to be filed with a claim
Documents to be filed with a claim
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Appraisals/evaluations to establish the amount in dispute
Appraisals/evaluations to establish the amount in dispute
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Witnesses summoned by the court
Witnesses summoned by the court
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Eyewitness
Eyewitness
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Hearsay witness
Hearsay witness
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Written testimony
Written testimony
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Evidentiary procedure
Evidentiary procedure
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Documentary evidence
Documentary evidence
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Expert evidence
Expert evidence
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Judgment
Judgment
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Provisional remedies
Provisional remedies
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Periculum in mora
Periculum in mora
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Fumus boni iuris
Fumus boni iuris
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Caución
Caución
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Embargo preventivo de bienes
Embargo preventivo de bienes
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Intervención o administración judicial
Intervención o administración judicial
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Aportar pruebas
Aportar pruebas
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Carga de la prueba
Carga de la prueba
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Filing a claim
Filing a claim
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Admitting a Claim
Admitting a Claim
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Refusal to admit a claim
Refusal to admit a claim
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Grounds for refusal
Grounds for refusal
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Service of Process (on Defendant)
Service of Process (on Defendant)
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Default
Default
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Acceptance of the Claim
Acceptance of the Claim
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Denial of the Claim
Denial of the Claim
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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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