Judicial process (1)

Set of judicial procedures and formalities aimed at obtaining

a decision by the court of justice called to resolve the issue
controversial.

The judicial process is unitary, in the sense that it is aimed at resolving a

controversial issue, but which allows for the discussion of secondary issues
inside it (see incident). In this case, each secondary issue
will give rise to a procedure distinct from the main procedure. For this reason, the
A judicial process can involve one or several procedures.
different.

Process and trial are not synonyms, as the trial is the litigation between two or more.
parts, and certain processes do not necessarily lead to a trial. The
a clearer example is the non-contentious jurisdiction.

In a process, issues of fact or issues of law can be discussed.

right, or both simultaneously. In the first case, the discussions are about the
background from which the rights claimed by the parties derive,
whereas in the second case both parties agree on the
facts, but they discuss the legal interpretation that should be given to them.

The process can be initiated when the plaintiff exercises their action, or
office, on the initiative of the court itself. And it will usually end in a
judicial termination sentence, although it can also end through means of
jurisdictional equivalent.

THE JUDICIAL PROCESS (2)

Licentiate. Rolando Emmanuelli Jiménez

Once a controversy arises that does not find a dialogued solution or

peaceful, lawyers are called upon to activate the
existing mechanisms in the Judiciary aimed at resolving the
controversy through a judgment and its execution or compliance.

The judicial process, whether in civil cases or criminal cases, has three
etapas fundamentales: 1) los procedimientos previos al juicio; 2) el juicio
properly or the moment when the witnesses are heard and examined
test; and 3) the procedures following the trial that include the sentence and
the procedures for its revocation, modification, or execution.
In the pre-trial stage, the laws provide for the parties in the conflict
they can thoroughly investigate the facts that led to the controversy and can
prepare to air out during the trial.

During the trial, the parties have the opportunity to present witnesses and the
evidence that they deem necessary before a judge who will evaluate the evidence and
will determine who is right in the controversy, applying the principles
legal provisions that establish the regulations for the state of facts.

In the third stage, of review or execution of the judgment, the party

harmed by the ruling or who does not agree may request that it be
reviewed by a higher court. In this third stage, the party
that emerged victorious or that benefited from the pronouncements of the
The court can request that the judgment, which is already final and firm, be executed.

Executing a sentence means that state powers will be utilized,

generally the Judicial Power through its marshals, to enforce
the provisions of the ruling. That is to say, if the ruling orders the payment of money,
the marshals will manage the procedures for seizure and sale at public auction
of the assets of the defendant or lost in the lawsuit so that it
may satisfy the amount of money claimed. Execute a sentence in the
criminal plan means that the convict will be taken and incarcerated.
in an institution or their freedom will be curtailed in the way it has been arranged
tribunal in the ruling.

Frequently, people who have not had experience with the process
judicial feel intimidated by a series of rules and formalities
generally unknown to the public. These formalities have arisen from
the English and North American legal traditions and the due respect towards
the process of administering justice in an organized country.

The proceedings before the courts of Puerto Rico are mainly conducted in
written form. Such documents are generally known as lawsuits,
responses to lawsuits, discovery mechanisms for evidence, the
motions and resolutions or sentences. Most of these documents have
reason for being in the preliminary stages of the trial, although they are obviously
used in all stages, especially in the later stages after the
sentence. Said documents have a particular form and style that reflects
the legal traditions we have referred to. For example, the
documents generally start with an introduction of the appearance
in a way that shows the respect that is held for the Judicial Forum. For that
reason, many times the way to prepare said presentation is as follows:

The plaintiff (or defendant as the case may be) appears.

represented by the lawyer (or attorney) who subscribes and very respectfully
exposes, argues, and requests.

In the same way, the majority of documents end with a plea in

which is requested from the Judicial Forum the particular remedy that is needed. Said
The petition is based on the concept that in the courts of Puerto Rico
The law or the application of justice must be begged or pleaded for it to be.
granted. For this reason, as a general rule, legal documents end with
the following:

THEREFORE, we respectfully beg of this Honorable

Tribunal grants... (the remedy).

Tradition and respect for the courts are also manifested when
appears personally. First of all, it should be noted that there is a
kind of regulation on how they should be dressed
people appearing in court. These people must dress appropriately
suitable and sober. For this reason, the regulations prohibit people
they should not appear in shorts or in excessively revealing clothing
the different parts of the body. The application of this provision by
the gentlemen or ladies bailiffs of the courts have created some
controversy, as sometimes a lawyer has been prevented from practicing
enter the court.

This formality before the court does not end with the mere entry, but rather the
people appearing in the room where the session is being held
The tribunal must maintain silence, sit correctly, not smoke, not
to eat or chew gum, nor to read the newspaper or any other written material.
These circumstances are interpreted as a lack of respect or attention to the
judicial proceedings and any bailiff or the judge could call
the attention of a citizen who is carrying out these acts.

The rules of conduct within the court session rooms must not
take lightly, as the court has the power to determine that a
a person with their behavior is disregarding or disobeying a
instruction or rule and can order the payment of a fine and even its entry into
the prison. Likewise, children under the age of majority should not be taken to court either.
that may burst into tears or into conversation that interrupts the work.

Respect for the courts is also reflected in the personal procedure that
lawyers conduct. For that reason, when addressing for the first time the
They must appear before the tribunal, indicate the party they represent, and request.
permission to address and discuss the pending matters. In the same way,
once the pending matters are concluded, the lawyer must
to request permission from the court to leave the room.

In no way should these rules or provisions be interpreted as

coercive mechanism towards the public, but rather they are formalities that are
they require given the seriousness of the proceedings that are resolved in the courts. If
you appear in court and have some doubts or feel a bit
disoriented, make the most of the time before the moment when the judge or judge
go out to the hall asking the sheriff to guide you or indicate the procedures
what you should do to solve your problem. You can also consult
at the Secretariat of the Court to resolve any doubt or matter regarding the
functioning of the court.

THE JURISDICTIONAL PROCESS (3)

It is defined as the set of acts that, through various phases and within
over a specific period, two or more subjects carry out between them
a controversy has arisen, in order for a body with jurisdictional powers
apply the necessary legal rules to resolve said dispute,
by a decision clothed in force and permanence, normally
referred to as judgment.

yDIFFERENCES BETWEEN PROCESS, LITIGATION, AND PROCEDURE.

From a grammatical point of view, the word PROCESS derives from Latin.
process, means the action of moving forward, but it is also understood as
the passage of time and even procedure.

Judgment is understood as the mental operation carried out to clarify the

solution to a given problem, and if it is accepted that the resolution of a process
it depends on a sentence issued by a judge, then it is concluded that
one must speak of judgment when referring expressly to the performance of
a judge to resolve a dispute brought before him.

The LITIGATION comes from the Latin word litigium, and means lawsuit or dispute; it is
to say that there is enough discontent between the wills of two different people
for a dispute to arise.
 yLEGAL PROCESSUAL RELATION.

It is the link of a public, autonomous, and complex nature that is established between
the subjects who submit to a jurisdictional authority of the State the
knowledge of a litigation, which will begin with a lawsuit, will be incorporated with the
response to this and will subsist until a judgment is issued.

4 PARTIES TO THE PROCESS

They are those people who, directly or indirectly, and dressed in a

character that can be public or private, intervene in the legal relationship
procedural.

Mexican jurisprudence considers as subjects of the process: the organ

imparter of justice, the person who exercises their action and the one against whom it is directed.
that claim is required which, in general, has opposing claims in the
juicy.

The subjects that necessarily intervene in any process are: judge and the
parts, among which there is a legal conflict. The public party: JUDGE. In
the case of collegiate bodies such as the Circuit Collegiate Courts, is
are made up of more than one judge. And in the case of the parties, there may be more.
of two, either as plaintiffs or defendants, there can exist a plurality of
people.

Regardless of the judges and the parties, there are other subjects.
participants in the process, who are referred to as assistants of the
imparting justice.

4PARTS IN THE PROCESS

For the study within the procedural field, a party is any natural person
the moral involved in a legal conflict that, by itself or through the
representation of someone, requests the intervention of the jurisdictional body of the
State so that, in accordance with the law, a sentence is issued aimed at
safeguard the interests whose ownership is disputed in the controversy; and to
that there may be the intervention of a judicial body, there must exist
previously a conflict of interest between two or more people. This will be
in accordance with the law, since it is a resolution of a jurisdictional process, not
it will depend on merely subjective aspects, given that the legislation
Mexican foresees the necessary means for any process
can be substantiated from beginning to end.

PERSONALITY, LEGITIMATION AND REPRESENTATION.

By personality is understood, in the legal procedural field, as legal capacity.

that assists a subject of rights and obligations to act validly in
the process as an actor, defendant, third party or representative.
Legitimation is the situation in which a person finds themselves regarding
a specific act or legal situation, for the purpose of being able to execute
legally intervene in this.

The meaning that the word representation receives in law is the

attribution that the law recognizes to a person to act in place and on behalf
from another. The representation can be of two classes:

Legal representation is that whose origin is provided for in

the law and that even comes to be enforced.

The conventional representation is also known as the voluntary one, it is

when, through a declaration of will, another is empowered to act
name and on one's own account.

4 PROCESS STAGES

o STAGE OF THE POSTULATOR. In this stage, the litigation is established.

oPROBATIONARY STAGE. In this stage, offers are made, accepted and

they release tests.

oCONCLUDING STAGE. In this stage, the parties present their

allegations.

oSTAGE OF RESOLUTION. The judge through a ruling,

puts an end to the process, with the understanding that its pronouncement
it may be challenged by the parties before it becomes
judged matter.

oCHALLENGING STAGE. At this stage, the opportunity is assumed.

what the parts have to promote resources for the purposes of
in a higher court than the one that resolved in the first instance review
the ruling, so that it may revoke, modify, or confirm it.

These steps apply to procedures other than criminal. This process

it has the following stages, according to the Federal Code of Procedures
Penalities:

PREVIOUS 4VERIFICATION OF THE CONSIGNMENT TO THE COURTS.

Understand the investigative or legal proceedings.
necessary for the Public Ministry to determine whether or not to exercise the action
penal.

4 PRE-INSTRUCTION. The stage that marks the beginning of the process, in which
they carry out updates to determine the facts relevant to the process, the
classification of these according to the applicable criminal type and the probable
responsibility of the accused, or, in their case, their freedom due to lack
of elements to process.
4 INSTRUCTION. Covers the proceedings conducted before and by the courts.
in order to investigate and prove the existence of the crime, the circumstances in
that would have been committed and the peculiarities of the accused, as well as the
criminal responsibility or no criminal responsibility of this. Starts with the formal order
prison or detention process and ends with the order that declares it closed.

4 FIRST INSTANCE. In it, the Public Ministry specifies its claim and
the defendant presents their defense before the Court, which assesses the evidence and pronounces
the first instance ruling.

4 SECOND INSTANCE BEFORE THE COURT OF APPEAL. In which it

They carry out the proceedings and actions aimed at resolving the appeals.

Execution. It encompasses from the moment it becomes final.

ruling of the courts until the extinction of the imposed sanctions.

4CLASSIFICATION OF PROCESSES

BY SUBJECT: This criterion is given according to the legal subject on the

and

what sees the controversy

yFOR DELAY IN SUTRAMITATION. It speaks of processes

ordinary, it is characterized by being too solemn and summary, not
they are subject to so many formalities and their duration is usually very short.

yFOR THE SHAPE. The shape causes processes to be able to

classify into written, verbal, or oral.

yBY THE TYPE OF RESOLUTION THAT IS ISSUED IN THE PROCESS.

ends that pursue processes classify them as declarative, executive, or
precautionary measures

yFOR THE NUMBER OF SUBJECTS INVOLVED AS PARTIES

IN THE PROCESS. They are classified as individual or collective.

4PROCESS PRINCIPLES

yDEVICE PRINCIPLE. This refers to the fact that they depend on the parts.
both the start and the continuation of the process until its end.

yPRINCIPLE OF PROCEDURAL ECONOMY: It is the principle by which

aims to have agile procedures that unfold in the least
possible time and with the least use of resources, in faithful compliance with the
guarantee of prompt administration of justice protected by article 17
of the Federal Constitution.

yPRINCIPLE OF CONGRUENCE OF SENTENCES. In the field

procedural; there is consistency in the rulings when what is established in
they find correspondence with each of the points
questioned in the litigation submitted for the Judge's consideration.
 yPRINCIPLE OF CONCENTRATION: It implies that, as a whole, the
incidental issues that arise within the process will be resolved in the
final ruling, while the issues are being decided
incidental.

yPRINCIPLE OF EQUALITY OF THE PARTIES: It means that the

parts must receive exactly the same treatment from the judge as
moment to assert your rights and exercise your defenses.

yPRINCIPLE OF LEGALITY: An authority, whether or not judicial, does not

must exceed in terms of the powers that the laws have given it
inferred.

yPRINCIPLE OF PROBITY: It assumes that the parties must act in the

good faith process, without engaging in fraudulent acts

yPRINCIPLE OF ADVERTISING: This refers to the public; the laws

they have determined the presence of the public in the processes affects the
impartiality and equity with which the Judge must conduct himself.

yPROCESSING IMPULSE PRINCIPLE. This principle implies that they are

the parties (plaintiff and defendant) who exclusively must
promote the stages that make up the process.

4ACTION

The word action derives from the Latin actio, -onis, which means 'possibility or
ability to do something.

The action is the subjective right granted to natural and legal persons.
so that they can provoke a jurisdictional body to address a conflict
of determined interests and resolve it by means of a sentence.

THE ACTION AND THE PRETENSION.

The theory of the process provides that the claim also refers to a request or
request. Thus, in the procedural realm, the claim can be defined as the
It is the delimitation of the requirement that a subject has in relation to
another who should, if necessary, perform certain acts to satisfy this
demand.

The action seeks nothing more than to provoke the intervention of an authority.
jurisdictional to address the knowledge of a legal dispute;
but, in order for that right of action to have been exercised,
there must have been a prior interest that one party had to reach;
A word, before the action there must be a intention.

ELEMENTS OF ACTION.
SUBJECTS: There is talk of active subject and passive subject. Active subject is the one who
exercises the right of action, that is, the actor or plaintiff. The passive subject is
the person against whom the plaintiff has initiated proceedings, that is, the defendant.

OBJECT: It is the effect that is intended to be obtained as a consequence of

exercise of the right of action.

LAWSUIT INVOCATION OF THE ALLEGED RIGHT: It is the foundation

of the action. It implies the existence, at one time, of a right and a fact
contrary to that one, which does not conform to certain legal principles.

4EXCEPTION

In the procedural framework, it is sufficient to specify the mentioned concept, so that...

It can be said that the exceptions are the subjective right with which the party...
counterclaim or counter suit to attempt to neutralize the action brought by
the plaintiff or counterclaimant, in order to halt the process or to obtain a
total or partial favorable ruling.

CLASSIFICATION OF EXCEPTIONS:

4 PROCESALES. They refer solely to violations regarding

the budgets of the process. (Incompetence of the Judge)

4ADJECTIVES OR NOUNS. The first derive from provisions

procedural, while the latter arise from substantive provisions.

4 OF PREVIOUS AND SPECIAL PRONOUNCEMENT AND COMMONS OR

NORMALES. The prior and special ruling suspends the
procedure until the admissibility of the exception itself is resolved.
The common ones do not paralyze it.

4 NOMINATED AND UNNAMED. This classification responds to the fact that, in

on occasions, the judge may refer to exceptions with their own designation and,
among others, exceptions that do not have a specific name.

4 DILATORY AND PEREMPTORY. The former suspend the processing of the

process, in case it is successful, as the latter manages to destroy the
right of the actor.

4 FOUNDED OR UNFOUNDED. The exception is founded when its existence

it comes from logic or an express legal norm. The unfounded is the one that
does not meet these requirements.

4 SUPERVENIENTS. They are those that intervene after it has been

answering the demand, by virtue of the fact that its existence was not known with
anticipation.

JURISDICTION
In procedural matters, we understand jurisdiction as: It is the authority held by the
State to resolve legal disputes of importance, through one of its
organs or through arbitrators, by mitigating legal norms and
individualized.

The State has the authority to establish bodies - called

jurisdictional - which are responsible for delivering justice among the governed.
These bodies are generally public and belong to the Judiciary.
the Federation, to the local Judicial Powers, or to the Executive Power,
as in the case of the Federal Court of Fiscal and Administrative Justice.

THE CLASSIFICATION OF JURISDICTION:

This can be done under the following criteria:

4 VOLUNTARY AND CONTENTIOUS: It is based on the existence or non-existence of

a controversy.

4 FEDERAL, LOCAL AND CONCURRENT: This function of the level of government to

that belong to jurisdictional organs, federal jurisdiction is the one that
corresponds to the courts and tribunals of the Federation, the local is the one that
they exercise the state courts and tribunals, as well as those of the Federal District, and the
concurrent means the intervention, in the same type of matters, of
organs of the Federal Judiciary and of the federal entity of
territory in question.

4 OWN DELEGATION: The own - or retained - jurisdiction is granted by the

own law to the judicial bodies, through provisions in which
it is established exactly what its jurisdiction is; on the contrary, the jurisdiction
delegate entails that an organ with its own jurisdiction delegates part of this
in another organ.

COMPETITION

In the study of procedural law, competence is understood as the aptitude

that the legal system provides to the organs of the State so that, validly,
they can exercise certain rights and fulfill certain obligations,
linked to the exercise of jurisdictional function. The word competence
derived from the Latin competentia, which means aptitude or suitability.

It is a skill, because only the laws can determine that a

state body is capable of exercising an attribution and fulfilling obligations
upon resolving a specific case submitted to its decision. No body can
to give oneself, competition.

Competence seems inseparable from jurisdiction, but it is possible that this

there is without the competition being present. Indeed, every Judge has
jurisdiction, but it may not have competence to hear a matter
Determined. Aello owes a classic definition of this procedural institution:
COMPETENCE IS A MEASURE OF JURISDICTION.
COMPETITION CLASSIFICATION

yFOR AMOUNT. Due to the economic interests to be discussed in the

process.

yBY TERRITORY. Here, geographical issues are addressed.

yBY SUBJECT. According to the subject matter it addresses

controversy.

yBY DEGREE. It is equivalent to thinking about the various instances that it can
to have a process.

yFOR PREVENTION. It occurs when among several judges with the same
competition, one receives a matter and is ready to resolve it, with
independence of others who can also do it.

yBY ELECTION. It implies that the parties, by mutual agreement, decide

submit to the jurisdiction and competence of a specific Judge.

yCONCURRENT AND EXCLUSIVE. The concurrent one is the one from which
several courts are responsible for dealing with a specific matter, the
exclusivity is granted in favor of a single court, which exclusively,
will know about a business.

yPORTABILITY. The constitutional basis of this type of

competition is found at the end of fractions V and VIII of
Article 107

EXTENDABLE AND NON-EXTENDABLE. Extendable jurisdiction refers to

to the possibility that a judicial body extends such competence in order
to analyze issues for which at first, I did not have
competence. As for the non-extendable, it has such a character by virtue of
that the law prevents it from extending.

COMPETITIVE ISSUES

A matter of competence is the result of the manifest opposition of the

parts or judicial bodies to which a judge, who is considered
incompetent, knows of a specific process.

THERE ARE TWO WAYS TO REPORT THE INCOMPETENCE OF A

JUDGE. Indeed, there are two ways in which the parties can report.
the incompetence of the Judge overseeing your case: due to inhibition and due to
declinatory.

The injunction occurs when the party goes to the Judge whom they consider competent.
and asks him to address the one he considers competent, so that he can be requested to
prevent from continuing with the knowledge of the matter.
As for the declinatory, it is brought before the Judge who is considered
incompetent, to whom it is asked to decline knowledge of the process.

there are specific rules to resolve jurisdictional issues that arise

between federal and local judicial bodies. In the local sphere, it is typical
that the jurisdictional conflicts that have occurred between two judicial bodies
of the same federal entity shall be resolved by the superior court of
local justice. On the other hand, in accordance with article 106 of the
political constitution of the united mexican states, it is the attribution of power
federal judiciary resolves the disputes that arise due to
competence arises between the courts of the federation, between these and the
between the states or the federal district, among those of one state and another, or among those of
a state and the federal district.

NOTIFICATIONS

A notification is the means of procedural communication, dressed in certain

formalities and executed in various ways, by which an authority
Jurisdictional informs the parties or third parties of a procedural act. A
notification, it is the means of procedural communication, dressed in certain
formalities and carried out in various ways, by which an authority
Jurisdictional informs the parties or third parties of a procedural act.

Articles 303, 310 to 313, 315, and 317 of the Federal Code of Procedures
Civilians foresee a series of requirements to be met by the notifier for purposes
that what I notify has validity. Article 303 gives an idea of the
formal requirement that must accompany every notification: ³Notifications, summonses and
sites will be made, at the latest, the day after that in which it
they dictate the resolutions that prevent them, when the court does not in these
dispose of another thing. For its part, article 310 establishes the following
Formalities: Personal notifications will be made to the interested party or to their
representative or attorney, at the designated house, leaving him a complete copy,
authorized, of the resolution that is notified.

LOCATION.

In law, by summons one can understand the procedural act by which

It is made known to the defendant that a lawsuit has been filed against them.
against, and which has a specific deadline to respond to it, under penalty of
to incur in rebellion.

NOTIFICATION CLASSES

yPERSONAL. They are done personally with the interested party.

yTHROUGH JUDICIAL BULLETIN. Through which they are made

notifications whose origin does not have a specific marked form
by the law.
 yBY ID CARD. It is normally used to carry out the
notification when the interested party is not found at their residence; without
embargo, it can also be delivered to the interested party itself.

yBY EDICTS. This is a judicial summons, those people

whose address is unknown.

yFOR STATES. In the building where justice is administered, it is established,

for public knowledge, the notification, summons, or edicts
summons to interested parties who are not represented in the records.

yBY MAIL.

yBY TELEGRAPH.

yBY PHONE OR FAX.

yBY EXHORTATION. When a proceeding is going to be carried out outside of the

jurisdiction of the Judge overseeing the process, the one who requests a
judge of the other jurisdiction - and of the same hierarchy as the
ostentated by the one who carries out said diligence in their place.

yFOR LIST. In a visible place of the court offices or courts, a

list of the businesses that have been agreed upon each day.

yBY ELECTRONIC MEANS. Such as the so-called

email

4TERMS

Terminus is the Latin root of the word term, whose first meaning is
The last moment of the duration or existence of the thing.

What is referred to as time in the pointed grammatical definition is

evident. In procedural matters, the term also refers to an issue
temporal. The term is: The time that the parties, a third party or the
own jurisdictional body, to carry out an act or fulfill an obligation
within the stages that make up the process, for the purpose of such acts or
obligations have validity and effectiveness.

In the Fifth Era of the Federal Judicial Seminar, the Plenary of the
The Supreme Court of Justice of the Nation determined that the term is differentiated
or distinguishes from driving, in that the convention, while the term
it differs the execution of an existing commitment.

COMPUTO.

The word computation, whose root is in Latin computus, means account.

the calculation. In forensic language, the computation of terms refers to the
establishment, by law, of the times that the parties must
take the opportunity to carry out the necessary procedural acts for the
achievement of the process, with the understanding that its state within this
it could be affected if they do not act in accordance with the deadlines and terms
legal. That is, the computation is related to the way it starts
time that encompasses the term, the way it passes, and the moment in
that concludes.

The regulation of the computation of terms varies from one legal matter to another.
In civil matters the following occurs:

Article 287 of the Code of Civil Procedure and Article 132 of the Code of
civil procedures for the Federal District, the terms must be specified in
deeds on the day the deadlines start running and the day they must
to conclude, that is, the term in the strict sense. The indicated precept of
The Federal Code of Civil Procedure states that the certificate must
take effect on the day the notification of the resolution in which
be granted.

On the other hand, the days when they cannot take place should not be counted.
judicial actions, as provided for in article 286 of the Federal Code of
Civil Procedures for the Federal District. According to the latest of the
invoked articles, the law may establish exceptions. The diverse 281 of
the Federal Code of Civil Procedure itself stipulates that the proceedings
Judicial proceedings will be carried out on business days and during business hours.

Finally, guidelines are considered to extend the deadlines when they

requires the receipt of evidence or the practice of proceedings outside the place of
trial, if requested by the interested party, in accordance with articles 289, 293, and 294 of the
Federal Code of Civil Procedure and 134 of the Code of Procedures
Civilians for the DF.

4TESTS

The proof is the means of persuasion, updated in various ways, that

the parties employ them so that the Judge can verify that the facts and rights
submitted for your consideration in the process are true.

Let's break down the elements of this concept:

It is a means of consent because, as indicated by the

grammatical sense. The test seeks to make something evident, that is, to clarify
doubts about its veracity.

This means of persuasion is updated in various ways, which can

to explain taking into account that a sector of the doctrine has considered
that, plainly and simply, the test is a set of elements or instruments
aimed at influencing the Judge's mind so that he accepts as true
the facts and rights whose ownership is disputed in the process.
4 are facts and rights that must be demonstrated because of the various
procedural matters encompass the probable claim, before bodies
jurisdictional, concerning the restoration of rights, whose existence often has to
to be documented in a patent.

MEANS OF EVIDENCE

When talking about means of proof, it responds to the concrete sense as an activity.
probation that translates into the implementation of various means
tending to convince the judge about the truth of a fact or a right
alleged.

The most commonly used means of proof during the procedural activity are the
next:

yPROFESSIONAL TEST. The confession is the statement made

either party in relation to the recognition or
ignorance of one's own facts that are attributed to them.

yDOCUMENTARY PROOF. It is the means of demonstrating an act or of

a fact through documents serves as a certificate that in certain
circumstances cannot be given to words. The means of proof
Documentaries have been divided into public and private.

yPRUEBAPERICIAL. It is the means of accreditation proposed by the

parts or the judge himself and that develops through intervention
of experts. The expert opinion consists of a statement issued by people with
specialization in a specific science or trade.

yJUDICIAL INSPECTION TEST. It is the direct verification that

the Judge who is responsible for verifying facts or circumstances
of a trial, to testify to its existence, as well as to the individuals,
places that should be examined

yTESTIMONIAL TEST. It is the one that is given with the intervention of

witnesses. Witnesses are the people who have knowledge of the
facts that the parties wish to prove. The statement of these receives the
name of testimony, and it deals with the facts witnessed directly and
indirectly, either because they have personal knowledge of the facts
for having witnessed, seen, or heard them, or because they know about them through
hearing about them from other people, in which case they are known as
hearsay witness.

yPRESUMPTION TEST. Presumption is the consequence of the law or

the judge deduces from a known fact to investigate the existence or
need for another stranger.

COMPLETION OF THE PROCESS

The sentence is the normal form in which the processes end. Its
The pronouncement is the responsibility of the judge who has handled the case.
A sector of the doctrine has opined, not without accuracy, that the ruling may be
considered from two points of view: as a procedural legal act and as
a document.

In this regard, the Federal Code of Civil Procedure establishes the

the following requirements that sentences must meet:

Article 219. In cases where there is no special provision of the law, the
judicial resolutions will only express the court that issues them, the place,
date and its legal foundations, with the greatest brevity, and the determination
judicial, and they will be signed by the Judge, Magistrates, or Ministers who pronounce them,
being authorized, in any case, by the secretary.

Article 222. The sentences shall also include the common requirements for all
judicial ruling, a concise relationship of the issues raised and of the
tests conducted, as well as the applicable legal considerations, both
legal as doctrinal, understanding, in them, the reasons to do or
no cost condemnation, and they will determine resolving, with all precision, the
points subject to the consideration of the court, and setting, if applicable, the deadline
within which they must be fulfilled.

Article 348. When the sentence is pronounced, it will be studied beforehand.

exceptions that do not destroy the action, and if any of these is declared
if applicable, the courts shall refrain from entering into the merits of the case,
safeguarding the rights of the actor. If such exceptions are not declared
assuming, a decision will be made on the merits of the case, condemning or
absolving, in whole or in part, according to the result of the valuation of the
tests that the court will conduct.

Article 349. The sentence shall focus exclusively on persons, things,

actions and exceptions that have been subject to the trial.

It is enough for an exception to be one of mere law or to be proven from the

certificates of records, so that they are taken into account when deciding.

Article 350. When the plaintiff does not prove their case, they shall be acquitted.
defendant.

Article 351. Except for the case of article 77, the courts shall not be able to, under any circumstances
pretext, postpone, delay, omit or deny the resolution of the issues that
have been discussed in the trial.

Article 352. When there have been several contentious points, it will be done, with the
due separation, the corresponding declaration for each of them.

Article 353. When there is a condemnation of fruits, damages or losses, it shall be established
import in liquid quantity, or at least, the bases will be established with
arrangement to which the settlement should be made, when they are not the object
main of the trial.

For its part, article 81 of the Code of Civil Procedure for the District
Federal establishes: All resolutions are procedural decrees, orders
provisional, definitive or preparatory or interlocutory judgments must be
clear, precise, and consistent with the parties' promotions, resolving
about everything they have requested. When the court fails to resolve
all the requests made by the promoter, officially or at simple request
The interested party must provide new information and resolve the issues.
omitted within the following day. The final sentences must also be
clear, precise, and consistent with the demands and the responses and with the
other claims raised in a timely manner in the lawsuit, condemning or
absolving the defendant, and deciding all contentious points that may have
If there are several, the corresponding pronouncement will be made for each of them.

4THEORY OF CHALLENGE

The theory of challenge involves the study of the set of instruments

legal-procedural resources that one party can use, in order to
sentence issued in a process is generally reviewed by a
judge with a higher hierarchy than that of the one issued, for the purpose of that
the judgment may be confirmed, modified, revoked, or annulled.

The challenge exists because, like every human being, one is fallible, it would not be
It is risky to believe that a judge could make a mistake at the moment.
to resolve a matter. Then, the dissatisfied individual with the ruling can
appeal, before the judge who issued it or before another, generally of
higher hierarchy; the latter depends on the type of resource that is interposed.

4EJECUCION PROCESA

The root of the word execution is Latin: exsecutio, and it means action and effect.
to execute. Likewise, execute has its origin in the Latin exsecutus (to complete,
to fulfill), and it means 'to put something into action', as well as 'to claim a
debt through executive means or procedure.

The execution can be understood as the set of means that,

normally, the instance of a party is initiated by the head of an authority
jurisdictional so that the party defeated by a judgment complies
the mandate from this.

The execution occurs in two distinct moments: firstly, for the

enforcement route and, secondly, by the executive trial. The forced execution
It can take either of the two forms. The enforcement route is nothing else.
that a providence issued by the Judge, for the purposes of ensuring compliance with the
determinations that he has issued during the process that is instituted
to ensure the payment of what the actor requested from the beginning. The way
the injunction precedes the executive trial.
In the Code of Civil Procedure for the Federal District, the rules for
the origin of the enforcement proceedings is established in the articles
500 to 530. It is noteworthy what is stated by article 500, where it is given to
to understand that, in the case of the execution of a sentence or an agreement
celebrated in trial, the enforcement process must be initiated by the interested party.
Likewise, article 501 indicates that, in the case of sentences that have
caused by execution, the judge who executes it will be the one who has been aware of
process in the first instance.

When requesting the execution of a sentence, the Judge gives the debtor a deadline.
non-extendable five-day period to fulfill it; if, once the deadline is over, it is not
the sentence has been fulfilled, the seizure of the debtor's assets proceeds
a practice for which old procedures have become a thing of the past;
there were times when the plaintiff could dispose of freedom and even
of the life of their debtor, in order to collect.

It should be noted that not all sentences involve an execution, as is the case
in the case of declarative sentences.

(1)http://enciclopedia.us.es/index.php/Judicial_process

(2)http://debidoprocesodeley.blogspot.com/2008/03/the-judicial-process.html

(3)The provided text is a URL and does not contain translatable content.