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Essay On Laws

The document outlines the nature and purpose of laws as legal norms established by public authorities to maintain order and promote the common good within society. It details the law-making process in Venezuela, including the roles of the legislative, executive, and judicial powers, as well as the classification and characteristics of laws. Additionally, it explains various types of legal sentences and their implications in the judicial process.
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0% found this document useful (0 votes)
9 views10 pages

Essay On Laws

The document outlines the nature and purpose of laws as legal norms established by public authorities to maintain order and promote the common good within society. It details the law-making process in Venezuela, including the roles of the legislative, executive, and judicial powers, as well as the classification and characteristics of laws. Additionally, it explains various types of legal sentences and their implications in the judicial process.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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law

It is a legal norm issued by a competent public authority, this is a


function that falls on the legislators of the national congresses of the countries.
The same that must be complied with by everyone.
citizens, without exception from a nation since the observance of these will depend on
that a country does not end up turning into anarchy or chaos.

The purpose of laws is to contribute to the common good of the people who are part of
of a specific society under certain goods and rights, the non-compliance
this will bring a sanction according to the importance of the law that has been violated,
the person or persons who disobey the laws will be punished with imprisonment or
Well, the realization of a community work does not refer to privacy.
the person, however, must be fulfilled to settle the mentioned deficiency. The laws
they are created to monitor the behavior of their inhabitants and that their behavior is not
diverted with the aim of not harming one's neighbor. Likewise, the laws are the
main source of law and are distinguished by certain characteristics that must be
fulfilled by all and each of the members of society without any exception.

For the preparation, enactment, and enforcement, participation is required.


of the three powers:

Legislative power (They are the ones who draft a law)

Executive power (Promulgate or sell that regulation)

Judicial power (They are the ones who monitor its compliance)

In the same way, this term is commonly used and makes


reference to normative phenomena (such as law and morality), thus
same refers to normative phenomena (Natural, Social,
Economic.

NORM
This word comes from the Latin 'norma' and is primarily used to designate a term,
although not exclusively a mandate, an order.

The dictionary of the Royal Academy defines the word norm as the 'rule that must be
follow the behaviors, tasks, or activities that should be adjusted. 'This means
that the norms guide all human actions and the meaning that it takes
direction will largely depend on the type of norm to which the individual is subject,
since there is a variety of norms that are applied to different actions and
aspects of the person.

SOURCES OF LAW
This term arises from a metaphor, that is, in a simple context.
The sources of a river are; that is to say, to reach the place where they spring.
waters of the earth". This means to seek the way in which
acquire the legal disposition and seek out where the sources emanate from
of the law

In this way, the term source of law legally has three branches:

Material or real sources


Historical sources
Formal sources

Jurisprudence:
It is the interpretation of the law made by federal courts in 5 theses.
uninterrupted by any contrary one, in the same sense and approved by the
majority of the ministers or magistrates.

The Doctrine
They are the studies conducted by legal scholars known as jurists.
made on a specific legal topic; that is, the opinion of one or
various authors who carry out with the purpose of interpreting, understanding and
properly apply the law.

The Custom:
It is the repetitive behavior carried out by a community and was considered as
legally binding. An objective or material element; which consists of the
constant repetition of a behavior and a subjective or formal element
that lies in the conviction of the obligation that exists in front of the
mentioned behavior.

The law
The law as a source of objective law can be understood in three ways: in
In the broadest sense, law is any mandatory legal norm; in a broad sense it is
every written legal norm of state origin in a certain way
solemn and in a Restricted Sense is the general mandate issued
of the state organ to whom the legislative function corresponds through the
process established in the constitution. These different meanings allow
to elaborate a more specific definition of the law

CLASSIFICATION OF THE SOURCES OF LAW


On the other hand, there are standards that are created between different nations, these do not carry
the name of law. They are preferred to be called treaties or agreements since they are
considered as supranational legal entities. In modern democracy these
Agreements between countries require approval from local parliaments.
to acquire the force of law.

Characteristics of law

Generality: the law applies to all those who find themselves in the conditions.
foreseen by her, without any exception.

Obligation: it has an imperative-attributive character, which on one hand establishes


legal obligations or duties and on the other hand rights; this means that there is a
will that commands, that submits and a last one that obeys, the law imposes its
mandates, even against the will of their recipients, the non-compliance of
it applies a sanction or a punishment imposed by itself.
Permanence: They are issued indefinitely, permanently, for an undetermined number of
cases and facts, and will only cease to be valid through its abrogation, substitution, and repeal by
subsequent laws.

Abstract and impersonal: Laws are not issued to regulate or resolve individual cases, nor to
people orgroupsDetermined, their impersonality and abstraction lead them to generality.

It is considered known: No one can claim ignorance or lack of knowledge to avoid complying with it.

How is a law formulated?

Law according to the Constitution of the Bolivarian Republic of Venezuela

According to the interpretation in the Constitution of the Bolivarian Republic of Venezuela, the law:

Art.202 'is the act sanctioned by the National Assembly as a legislative body.'

That is to say, it is the genuine and authentic fact that emanates from the team of deputies or parliamentarians who
they form the National Assembly as a collective or legal representative board.

Aprojectby law is the proposal presented by:

The National Executive Power.

The Executive Commission and the Standing Committees.

The members of the National Assembly, in a number no less than three.

The Supreme Court of Justice, when it comes to laws regarding the organization
yproceduresjudicial

Citizen Power, when it comes to laws relating to the bodies that comprise it.

The Electoral Power, when it comes to laws relating to electoral matters.

The voters, in a number not less than zero point one percent of the registered, and
registered in theregistrationcivil and electoral.

The Legislative Council, when it comes to laws related to the States.

In this regard. The powers that the legislative authority has, which is not exclusive to the Assembly, are
subjects, regarding theproductionof legal norms to the constitutionality of the provisions they create. Of
there lies the exceptional importance of the Constitution or Fundamental Law, as it forms the foundation of the
legal organization at the head of which it is placed.

Lawmaking process
Thisprocessis established in the Constitution of the Bolivarian Republic of Venezuela (CRBV)
from its article 202 to 215.

Laws can originate from the National Assembly, from the initiative of a deputy, or also from the Power.
Executive, among other entities.

TheprojectsThe Law will receive two discussions, the first ofexhibitionof reasons and the second of the
commission directly related to the subject matter of the law, who will consult with the bodies of
States, to the citizens, and to the organized society to hear their opinions.

The president of the National Assembly will declare the law 'decree' and it will be issued in duplicate.
thedraftingfinal to the President of the Republic for the purposes of promulgation.

The President of the Republic may request the modification of certain provisions if he deems it necessary.
the sanction of the law or part of it.

The National Assembly, by an absolute majority of the deputies, will decide on the issues raised by
the President will send it again for its promulgation.

The law will be enacted upon the publication of 'let it be fulfilled' in the Official Gazette of the Bolivarian Republic of
Venezuela.

In summary, the following table shows the steps for the formation of the Law in Venezuela.

LAW FORMATION PROCESS

No. Step for the formation of Law Responsible CRBV Article

1 Bill Initiative Where it originates 204

2 Discussion of Law National Assembly 206-207-208-209-211

3 Decree Law President of the National Assembly 212

4 Promulgation of Law President of the Republic 213-214

5 Let the Law be fulfilled Publication in the Gazette 215


Hierarchy of laws

Firstly, we should distinguish between Constitution and Law, to indicate what are actually laws of
different range, one of which is fundamental concerning the validity of the other. The difference makes
mention of constitutional laws, on the one hand, or more precisely fundamental laws, and on the other hand, to the
called general laws.

The constitution is the law par excellence, the fundamental law of other laws. That is to say, it is the foundation of
every legal organization: it is the point of reference that supports the validity of all the rules that govern the
activities of individuals and official organizations in the community in which it governs.

This raises the problem ofcontrolconstitutional, because when the laws do not conform to the precepts
constitutional, they can be declared null by the control bodies created bythe Statefor this
end.

We could use theconstructionKelsenian of the pyramidal form of the legal system, where it
note that the hierarchy of laws is determined by the different orders, degrees, or levels that
There exist those of the same kind, being higher those that constitute the foundation of the lower ones. The more
elevated is constituted by the fundamental norm or Fundamental Level, that is to say the Constitution, a second
the degree integrates with the general laws or Legal Level; and finally, forming the lower degree that the sub level
Legal, the individualized legal norms. Each superior norm constitutes the reason for the validity of the inferior.
Thesentence

It is the declaration of the trial and the judge's resolution. Decision on any controversy or extrajudicial dispute that
to the person to whom she has made an arbitrator to judge or compose her.

In theprocedural lawIt is the most important of the acts of the jurisdictional body, because in it and in
by virtue of the appreciation of what is alleged and proven in court, the magistrate can administer justice,
through the application of the law invoked by the parties.

The rulings are the decisions that accept or reject the claimant's request.

FINAL SENTENCE

It is the ruling issued at the end of the trial and concludes the process, either accepting or rejecting the claimant's request.
It is the one that the judge issues to decide the very substance of the dispute that has been submitted to him. In it, refined and
all procedural issues having been resolved, the ruling is made on theconflictthat has given rise to the trial.

The decision is final because it concludes the trial but does not rule on the substantive legal issues debated.

FINAL SENTENCE AND DEFINITIVELY FIRM

Definitive: they are those that pronounce on the merit of the case, both in the first and second instance.
instance and against which it is possible to exercise theresourcesordinary and extraordinary as indicated by the Law.

Definitely firm: These are those in which it has been exhausted thefunctionjurisdictional and it is not possible to exercise
no resources against him (res judicata).

INTERLOCUTORY SENTENCES

They are the ones issued during the course of the process to resolve incidental issues such as those raised.
in the preliminary matters (Art. 346 ordinal numbers 9°, 10°, 11° CPC), accumulation of acts.

Interlocutory Sentence.- These are judicial decisions that resolve an incidental controversy.
raised between the parties in court.

They are called interlocutory, because their legal effects in relation to the parties are provisional, in
the sense that their consequences can be modified by the final ruling.

An example of an interlocutory sentence is when we present ourdemandofprotectionindirect


before the district judge and we request in this the suspension of the challenged act, so that the
responsible authorities do not continue with the act they are performing, and the judge will be able to analyze whether it proceeds or not and in
In the event that this is the case, he will issue an interlocutory ruling that suspends the act being challenged and
the authority therefore will not be able to execute or continue with the act it intended to carry out. It is important to highlight
that in the interlocutory ruling the judge has not yet analyzed the substance of the matter of the contested act

Interlocutory decisions with definitive force: they put an end to the trial, such as those that resolve preliminary issues.
included in the 9th, 10th, 11th ordinals of Article 346 of the CPC.

Simple interlocutory rulings: These are all those judgments that decide incidental issues, but do not
they produce the effects of the previous one (they do not end the trial)

DIFFERENCES BETWEEN FINAL RULING AND INTERLOCUTORY RULING

Definitives (final stage of the process)

For your opportunity

Interim orders (They are issued during the course of the process)

Final: ends the litigation (makes it res judicata)

Due to its effects

Interlocutory: they allow deciding "in process" the course to follow.


FINAL FORMAL SENTENCE

It is the one that must meet or meets the following requirements:

That it be pronounced at the opportunity even if the final judgment of the last instance must be issued, that is to say,
that the process has been fully substantiated.

Let it not decide the controversy and order a new ruling to be issued by the appropriate instance, leaving without
effect of the ruling in the lower instance on the substance of the matter.

ESSENTIAL PARTS OF THE SENTENCE (CPC Art. 242 - 244)

Material: all the facts that occurred in the process are narrated, the arguments held by the actor and the
defense, the indication of the parties, the object of theactionand generally everything that has happened
in the process.

Motiva: the Judge evaluates the facts in light of the evidence brought to thecarsin order to dictate the
relevant decision. The grounds for the decision are also included: 'reasons of fact and of law'. The
Judge reviews everythingtestspromoted by the parties to later apply the doctrinal principles, the
principles of equity. The reasons of the Judge for issuing his decision, as determined by article 243
CPC.

Slide: It defines the problem being discussed and where the decision declaring without
place or with place the demand (Art. 243)

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