Constitutional Basis of Legal Process and Dispute Resolution

Posted on Oct 31, 2024 in Law & Jurisprudence

Constitutional Basis of the Process

Article 1

Since the state guarantees that every individual will enjoy individual guarantees, these are conditions or restrictions except those established by the Act. Since various constitutional provisions are the basis for the process, it is clear then that we all enjoy such guarantees.

Article 2

By virtue of this guarantee, the state recognizes the rights of indigenous peoples and communities to resolve their disputes under their own regulatory systems respecting individual guarantees, human rights, dignity, and integrity of people. So, if parties to any dispute exist, their specific cultural customs and attachment to the constitution will be taken into account, as well as being provided, where appropriate, assisted by interpreters and advocates who have knowledge of their language and culture.

Article 8

Given that it enshrines the right of petition, the fundamental basis of any process is that the process is finally resolved by some authority at the request of the governed as a rule.

Article 13

Since it prohibits laws and being tried by special courts, in addition to considering equality between the governed regarding the law, as well as the ban on military law to extend its jurisdiction or knowledge of matters for people not belonging to the army.

Article 14

Sets the guarantee of legality, i.e., the State’s obligation to provide the court ruled to settle disputes under the care of essential formalities and implementing laws enacted before the offense, as well as establishing guidelines for the issuance of sentencing in criminal and civil matters.

Article 16

Provides that any act of nuisance must originate from a competent authority and be grounded.

Any warrant emanating from judicial authority on a complaint or suit if and when sufficient evidence exists to demonstrate the likely guilt of the accused, who shall execute said order, the defendant to the judge.

In flagrante delicto, any person may arrest the suspect and make it available to the authority.

All accused presented before the public prosecutor will know their legal status within a maximum of 48 hours, which period may be doubled in terms of law.

To search warrants and practice of home visits should be expressed in concrete terms the purpose of the diligence, and an affidavit shall arise at the end of it.

Private communications and correspondence shall be inviolable.

Article 17

It requires the state to administer justice through the courts, which shall enjoy full independence and whose decisions are fully enforceable, and who will provide service free of charge, promptly, thoroughly, and impartially.

It also states that there will be no corporal punishment for purely civil debt.

Article 18

If it is true, which sets the rules and fundamentals of the Mexican prison system, so is establishing rules for the treatment and resolution of conflicts in which young offenders are involved, as well as establishing the possibility that during the process can always be a remand or when the offense merits imprisonment.

Article 19

Its importance lies in that trial lays the foundations and rules that must abide by a court from which the suspect is available, and the obligation of determining their status by issuing a detention order without prejudice to which can be launched separate inquiries.

Article 20

This device provides procedural safeguards both the accused and the victim.

A. The Accused:

He was granted parole on bail if it is appropriate in terms of law.
It cannot be compelled to testify, and any confession made before authority other than to the public prosecutor, judge to have no evidence.
At all times have the right to know who and why because he is charged.
You will have the right to confront those who testify against him.
They will be tried in public.
Shall enjoy all the information and data for proper defense.
To be judged within four months or before one year as punishment unless he requests an extension for his defense.
Since the beginning of the process will meet its constitutional guarantees and is entitled to an adequate defense, if not powerless or unwilling to appoint the judge advocate appointed by the court.
The securities referred to in this article [section I, V, VII, IX] are also observed during the investigation.

B. Victim or Offended:

Receive legal advice and receive all information from the conduct of criminal proceedings.
To assist the Public Prosecutor in the investigation as much in the process.
To receive medical and psychological care.
That he repair the damage.
If a minor is not required to be confronted with the accused in the case of crimes of rape or abduction.
Have the right to apply the measures and steps to establish the law for your safety and help.

Article 21

While generally setting the basic guidelines for public safety, also set on the process as follows:

The imposition of penalties is an exclusive judicial authority.
The administrative authority will impose sanctions (fines and arrests), taking into account the economic capacity of the offender.
The investigation and prosecution of crimes is in charge of the prosecution and police that it is responsible for; prosecutorial decisions can be challenged by judicial process in cases provided by law.

Article 22

Establishes the limitations of the jurisdictional authority to impose penalties such as mutilation, torture, confiscation of property (with the exception of matters which sets the device itself), and any other unusual or extreme punishment.

Article 23

No criminal proceeding shall have more than three instances, no one can be tried twice for the same offense, whatever the meaning of the sentence prohibits the practice of absolution from the instance.

Procedural Law (Law Adjective)

Regula efforts to resolve a legal dispute are those regulated procedures that allow us to achieve a right claimed.

Litigation in Time Law

It is the legislator who provides us the time to come into force a law adjective, which is embodied in the transitory articles; however, if there is such a situation, it means that it takes immediate effect once published in terms of law. The law of procedural matters will be the one in effect at the time of starting the process.

Space Law Litigation

Once you enter into force procedural law, the following rules must be followed:

There are procedural rules which apply throughout the country and even in some cases outside of our territory, for those countries who have signed an international convention.
Procedural laws shall apply equally to both nationals and foreigners.
Procedural laws shall be applied taking into account also the territory and its various criteria, as well as considering the matter, as there are bodies of rules, procedural, local, and federal.

The procedural law applied in new cases and which is in force. However, outstanding issues may apply the following rules:

If you already begun the process, old law applies to a conclusion.
It can also in some cases the new law apply to all acts after its entry into force.
You can apply the new law, however, that the law has been applied before.

They should be taken into account in terms of what each legislator set when a procedural issue.

Action (Meaning the Possibility of Doing Something or Result of Doing)

The word action means the possibility of doing something, or is the result of doing.

The procedural action: it has the legal power to bring any subject to the court and claim the satisfaction of a claim.

The action: is an individual right enjoyed by every governor to appear before a State organ and demand the performance of judicial functions and thus have custody of a material law allegedly violated by someone else who is allegedly required to observe the right material.

Key Features of the Action

It is a legal activity and originates relations, law, legal obligations, and constraints.
It is a personal right that belongs to each and every person whatever claiming the right material.
It is an autonomous law, public and individual that finds its basis in the constitution itself.
Its purpose is to protect the public interest and social order, and look where private interest.
It is intended to initiate a process and stop by a ruling to resolve the dispute.

Action Items

Holder of the action, i.e., the actor or applicant who comes before the court for a defendant Provident Fund.
Court with powers to state the law with impartiality, thus resolving the situation at issue.
A taxable person is the recipient that supports the action of the applicant being subject to the judge in a series of charges and obligations.

Jurisdiction

Sovereign function of state, conducted through a series of events that are planned or aimed at resolving a dispute or controversy by applying a general law at issue in this case to determine the issue.

Jurisdiction: State is a power to resolve disputes imperatively.

Process (Mean Set of Successive Bases)

Joint acts ordered, systematized, concatenated, and linked, the judge, the conflicting parties, third parties outside of the substantial relationship and sometimes third, acts covered by the law adjective and are intended for the resolution of the dispute through the application of a general substantive law to the specific case at issue.

Features

Order, i.e., under an accurate and unalterable.
Systematic, i.e., in response to law adjective one system for understanding by all interrelated elements, among which there is coexión, cohesion, and unity of purpose.
Concatenated, which means that they are related to each other, i.e., chained together.
Links, which means that they are related in chronological mode or progressively.

Subject Procedural

The judge or court owner, who is responsible for giving direction to the process and carry out the procedures for reaching a logical end-legal litigation.
Interested parties are those who exercise action to issue a decision affecting whether the legal field for having an interest in the matter.
Third parties, who have no interest in intervening in the issue but without seeing it affected their legal field.
Third are those people who may be affected indirectly the legal field, for any order issued by the court, a provider of justice.

Ways of Resolving Conflicts

Autotutela (Self Defense)

Way to resolve social conflicts, is characterized by one of the subjects in conflict and sometimes the two resolve the conflict through direct action and not through the state leading to a partial solution and selfish, i.e., imposing the sacrificing the interests contrary solution, so the guardianship order is distinguished by:

The absence of a judge other than the parties
The imposition of the decision by one party to another.

Partes

In a broad sense is a way to resolve a conflict of interest provided by one of the contestants or possibly both peacefully, without the intervention of a third.

Strictly is the solution to a dispute on a proposal (not violently) by one or both individuals sacrificing their own political interest, settlement accepted by the other party.

Compositional Order Forms (They are 2)

Bilateral: derived from a complex act.
Unilateral: derived from a simple act, resignation (withdrawal) and recognition (search).

Not always provided within the process may occur before, after, or independently of the process, are presented in the sequel proceedings.

Withdrawal

Is defined as a procedural waiver is a waiver of rights or claims. There are three types of claims:

(Poorly named) Action procedural: it is a waiver of the right or claim. Before sentencing background without requiring the consent of the defendant, who must indemnify the damages caused by the actor, dies permanently strike force.
Withdrawal of application: the actor’s attitude to withdraw the statement of claim before it has been served on the defendant, the claim has been subsisting.
Discontinuance of the body: The defendant has been subpoenaed to trial, requires the express consent of the defendant, the counterparty must agree with that, and still obtains the right to reconsider claims.

HOME OF THE ACTION LITIGATION CONCERNING THE DEMAND FOR INSTANCE THE	HOME OF THE ACTION LITIGATION RELATED DEMAND FOR INSTANCE
1. Location	Before & After
2. Consent demand	NO
3. Rethinking demand	NO
4. Payment of damages	YES

Acquiescence

It comes in plain, can be seen as flat or without offering any resistance.

It’s a defendant’s own conduct implies recognition of the right claimed by its counterpart, this does not always require the judge to convict the defendant.

Procedurally, a recognition of and submission of the wronged party to the event and/or disputed claims against it addressed.

Compromise

Method of settling disputes where both parties by their own will find a solution to conflict, there is no third. The legislation establishes limitations occur when the public at risk. The transaction is not always possible for the sheer disinterest of the parties on some occasions, when there is equality of circumstances leading to any party that cannot withstand the pressure if counterpart and was forced to yield to a bad deal.

Heterocomposición

It is the most evolved and institutional solution to social conflict and implies the intervention of an impartial third party outside the conflict, to solve it.

Were these figures, arbitration and judicial process

Arbitration: arises at the time that the parties agree in advance to be subjected to the opinion and decision of a third arbitrator (a private judge) who consider the matter and issue a resolution entitled award.

Judicial process: How to resolve the institutional form of social conflict, for many the process is a lengthy set of procedures, useless and expensive, which is not always the right solution to social conflict, that conclusion does not follow the process, but employees and management officials in the process.

Jurisdiction and Venue

The competition is a condition that must satisfy all authority to exercise its powers properly in certain types of disputes or conflicts.

The jurisdiction can only be used in those matters within its competence.

“Jurisdiction differs from the competition in which the first is the genus while competition is the species’

Competition

The limit that is designated for the exercise of jurisdiction by each of the various organs a provider of justice.

It is the attitude given to judges by law to know in individual cases according to certain factors that will be known as criteria to determine competence. Since 4 of these so-called core and two tuners.

Competence by reason of subject matter: we take into account the subjective nature of the asserted right to demand and that is the claim and rules to specific cases.

Examples:

Family Divorce à ° ° (matter (Note to civil court matter

° Payment of rent on tenancy disputes Judge (field

Competition on the basis of territory: it is the space within which to exercise its judicial functions being validly area receives various names according to each entity, as in some places are called judicial districts, judicial districts and circuits.

Competition on the basis of amount: the amount by which estimates the value of the dispute, it is noted that the difference between a May issue of lesser value and another value, a distinction is not important, but this would report better workload.

Competition on the basis of degree: Relates to the level or hierarchy of courts.

Related Criteria

– Time: The order or mode of internal distribution of applications appropriations, entering a court transfers, when two or more adjudicators with the same competence, can have an infinite number of variables, whether of time, randomly.

– Prevention:additional criterion for those cases where several judges have jurisdiction to hear the same case simultaneously, it is said to be responsible has been warned that in the case, which decided the issue first.

Jurisdictional Issues

– Inhibitory: it appears before the judge who is considered competent to require the officer to feel incompetent to refrain from taking up the matter and submit the file. It arises in the 9 days of the site and should be attempted before giving defense.

– Pleas: to be tried before the court where proceedings are brought, shall be made while they are answering the demand by way of exception procedural order that the judge will consider incompetent refer the case to his superior and to the jurisdictional issue is resolved.

In both cases to promote the issue of jurisdiction must specify the causes and reasons why they are considered incompetent to judge hearing the case and also should clearly articulate what the court asserts jurisdiction, accompanying the evidence we have at our power to sustain competition.

SUBJECTIVE COMPETITION: It’s not competition, but is suitability. When an individual (judge, magistrate), does not meet the legal requirements to hold the position of owner or representative of a State body or tribunal has no power to that office and if he does, his act will not be the ideal and becomes entitled sanctions or penalties that the law aims to prevent such contravention.

IMPEDIEMENTOS: clearly specified and which are those considered as such, describes the situations or reasons that the law considers facts or law presume that the bias of the official.

THE EXCUSE: When the officer (magistrate judge or registrar), the court is aware and has knowledge of the existence of any impediments or some other ground or similar circumstance, would find himself obliged to apologize, that is, fail to hear the case, which must be made even as the parties did not object to, concretely exposing what are the reasons underlying the excuse.

THE CHALLENGE: When the court officer is unaware of the existence of an impairment, or even noticing improperly fails to apologize, then any party who feels blessed by the impediment to know and this has legal basis, can start at Step impeachment, to be removed from official knowledge of the case, the permit application is made incidentally, giving the reasons and motives for the decision the same, this procedure does not suspend the process, but if from it annulled the proceedings from the moment that brought the challenge.

PART MATERIAL: It affects your legal field

Exceptions

Concept. They are discussing whether or not these claims are effective for reasons of form or substance.

Features.

They assert in defense of the claim unless they are supervening or whether it’s the exception process, unless the exception is inhibitory procedural incompetence.
It must resolve at the time of sentencing, unless the case of procedural exceptions which generally must be solved precisely in the settlement hearing and exceptions process.
With the exceptions raised will always view to plaintiffs stating that the legal interest to be appropriate and even spell out the case and provide evidence that it considers relevant.

Defenses

Concept. We discuss the veracity of the facts or the law.

Procedural Exceptions

Concept. Are those relating to procedural matters and that therefore do not address the merits, should be resolved at the previous hearing and exceptions conciliation process, if they are not remedied the court must state clearly that resolves the status of the process of being corrected, the judge will set the time and form for that.

Types.

Lis Pendens. It is appropriate where there previously where there is a process identity of parties, the object and causes, in this case may bring the process back by proving the existence of a first process, with certified copies or from judicial inspection shall be declared terminated so that there is duplication of sentences.
Exception connecting to the cause. Is appropriate in those cases where there is one or more processes are not identical, if saved with the current process some connection or common element in this case will proceed by proving the connecting its approach, with certified copies or the judicial inspection, and its purpose will be that related issues are resolved in a single statement, if appropriate will be forwarded to the judge orders that prevented the knowledge of events.
Exceptions of res judicata. It is appropriate when in Case of a case that has arisen in the same way all its elements to a previous trial ended with no enforceable, it must post copies certified or if the judicial inspection to prove the above ends, its purpose is to avoid duplication of processes and create uncertainty among the governed (nobody can be tried twice for the same reasons), be deemed to have been dismissed from the case where the exception is invoked.
Exception noncompliance Term or Condition. It is unfair when the same records and documents baseline shows that the claim is not enforceable even claimed not to have fulfilled the agreed date or status. The source is to terminate the case and leave intact the rights of the actor for asserting that when the term or condition be verified.

Features:

It must assert the answer to the suit.
As a general rule do not suspend the proceedings.
With the exceptions process will visit to the plaintiff for the purpose of expressing their right as appropriate and where appropriate provide evidence in relation to them.
The defendant to plead must provide evidence saving all the formalities of law because if not accompanied by them shall have the exceptions as untested process.
As a rule, be ordered the relief of the evidence if possible before the hearing process conciliciación and exceptions to enable that audience can resolve the exceptions process.

Exemption of the Fund. The exceptions tend to destroy the claims obren to question the right claimed by the plaintiffs do not attack the issues of form and process, but go to the heart of the dispute.

Exceptions supervening. Are those who did not know the defendant at the time of your request and answer can be worth up before sentencing.

Procedure. It is a kind of action or way of doing things, procedures are not always part of the process.

Litigation. Conflict of interest is manifested by the claim of one of the parties and the resistance of the other to do what they are required by the claim.

Elements.

Let there be a conflict of interest between two or more people.
That this conflict is of a legal nature.
That each of the parties positions or made manifest.

Trial. It is synonymous with judicial decision or transaction involving a rational reasoning developed by the holder of the court to settle disputes by applying a general law to specific cases.

Procedural Principles of Law

Concept. They are the essential guidelines to be applied both in the exercise of the action, directing the judicial function and directing the procedural stages.

Principle of immediacy or directness. It states that the judge must receive all material evidence directly and also be in contact with the parties during the course of the hearings, receiving evidence, questioned the parties, listening to the allegations.
Principle of Publicity. Should be offered to all people the ability to present the relief of the proceedings, follow the progress of the process and be aware of the development of trial activities.
Principle of Orality and Writing. It establishes that the statements and declarations made in the courts to be effective need to be made through the word “orally” to effect and preserve them must be transcribed in writing so that there is a history of them.
Principle of Impulse Procedure. It establishes the obligation of the parties to select the judicial machinery, the initiative of the procedural activity to move from one stage to another is left to the parties on some procedural matters that will drive by the judge (criminal matters).
Principle of Equality of Parties. Set the guideline for both parties should remain in the same situation facing the judge. There should be no advantages or benefits in favor of either party, much less acts of hostility to the detriment of the other.
Judicial economy. Mandates that all processes and procedures developed with the greatest savings of time, energy and costs, to the particular circumstances of each case.
Principle of Completion Procedure. It provides for procedural rights are extinguished once they have been exercised, the impossibility of establishing a procedural right to exercise many times.
Principle of Contradiction. Indicates that the parties have at all times to defend themselves with arguments or to express what their rights are matched against the claims and statements you have made.
Principle of Integrity. Indicates that the process is an institution of good faith should never be used fraudulently or in bad faith, the judge is obliged to adopt the measures necessary to prevent litigants in the process become an instrument against the administration of justice.
Principle Device. Sets the development and activity of the process entrusted to the parties, those to whom they may affect your legal sphere the sentence should be the ones pushing forward the process causing so penalty of procedural sanctions.

Forms of Completion of the Process

Concept. End processes through the decision on the merits issued by the judge previously exhausted whenever knowledge of the matter and therefore the judge shall review and legal logic of a general law applying to the case.

Forms Autocompositivas.
Discontinuance. It is the renunciation of a procedural activity or the claims that are disputed, it ends a process. It is also true in the case of withdrawal of application and claim request is untouched and that gives a pattern that may arise from new account process.
Raids. It does not stop immediately the process of the case where there is no contradiction because there is outright recognition of the facts and claimed benefits given to the deletion pattern stage of evidence and arguments, they cite a sentence hearing in the absence of points controversial.
Transaction. There is talk of it on a procedural level, it is wise out of the process, the process ends when the transaction is made before sentencing and where the parties making reciprocal concessions to resolve their dispute through an agreement the same court that once approved by the judge will have the force of a sentence and require parties to compliance.
Death of any of the Parties. The death of any of the parties terminates the process and just be suspended until there is someone to represent you. In cases of divorce, the matter shall be fully completed at the death of either party.
Expiry. Termination of proceedings by the inactivity of the parties, a penalty that is set to avoid that the processes are infinite.

Judgments

Decrees. Simples procedural determinations.
Cars. Decisions that resolve any place of business, not the substance of the dispute.
- Provisional. Resolve question momentarily, as it resolves the merits. Ex Delimitation of alimony.
- Foundation. Its purpose is to define an aspect that allows the continuation of the procedural sequel. Auto evidence that supports e.g., order preparation and establishing a date for relief.
- Definitive. Those who impede or paralyze the continuation of the procedural sequel. E.g., Auto to order the forfeiture of a process.
Interlocutory orders. Those that resolve a matter incidental, ancillary to the principal before the sentence or after background for purposes of execution of sentence.
Case Fund. Deciding the merits of the dispute, making it the most significant act, end the dispute, at least in the first instance.

Proof

Concept. Action to justify the veracity of a fact. The importance is the essence of a process. The object in question are only the facts of evidence because the right to be judge, an expert in this field is not required for accreditation of its existence.

Burden of Proof. It is the obligation imposed on the parties to facilitate the evidentiary material necessary to give conviction to the judge on points of dispute. The burden of proof required to prove it belongs.

Caseload. It consists of the circumstance or situation in which the parties are during the aftermath of the procedure.

General Rules. Is for the actor to prove the facts constituting the claim expressed in its application. The defendant has the burden of proving the exceptions expressed in its counter-claim.

However, anyone who denies the obligation to try:

1. When negative statement to wrap up a fact.
2. When the legal presumption is not known to have in its favor the litigant.
3. When the capacity is unknown.
4. When whatever negative element of the claim.
Means Test.Those are elements that can cleave a process in order to produce conviction in the judge.
Evidence.
1. Confession.
2. Documentary (public or private)
3. Expert opinions
4. Recognition.
5. Judicial Inspection
6. Witnesses
7. All those provided by science.
8. Presumptions.
Evaluation of the Evidence. Last test process, their appearance starts from the written statement setting the litigation offer of proof with the subsequent admission of the evidence the court expressing its views on each, with the respective preparation testing and subsequent procedural relief for the sequel, we proceed to the evaluation of the evidence.
INCIDENTS
Concept. Are procedures aimed at resolving disputes related directly and immediately to the main or the execution of a sentence.
1. In any event there is a conflict of claims between parties to the proceedings (Talk accessory).
2. The counterpart may pave all or part as expressed by its counterpart. (issues in dispute).
3. Their existence abruption of the process but were otherwise, would be non-incident.
4. Any incident resolves an ancillary issue.
5. There is not settled as final except the main incidents of invalid execution site.
Handling of Incident. Incidents must contain all the formalities of an initial application, give sight to the counterparty, and give vent to provide evidence, hearing arguments, called interlocutory ruling shall be handed, short deadlines, major sequel occurs during the process.
Classification.
1. Of Integration. For that is processed and properly develop the process.
Incidents of Nullity of Shares. The purpose is to challenge the validity of procedural acts. When a party considers that it has fulfilled the essential formalities. Is left without defense.
Incident Notifications Nullity. They include positioning invoked when a party considers to have been carried out without fulfilling the formalities. If we do then knowing communication shall be legally contested fact.
Incident Preparation. Purpose, guide the judge about procedural efficiency.
2. Incidents of Settlement. Those who stand to particularize some point in the sentence, in order to enable their measures of compulsion. Liquidation eg marital community of interest penalty.
3. Approval. Finally analyzing decision of another authority for recognition and thus achieve full effects of measures of compulsion.
SENTENCE
Concept. Procedural legal act, embodied in a document which describes all the logical and legal arguments to resolve a dispute with forces linked to those involved in it. Should be considered the normal end of the process.
Elements.
1. Congruence. Conformity in terms of size, concept and scope between the orders of the court and the litigants claims have been made in the process.
Internal. Referring to the planned agreement between a process with the sentence.
External. Refers to the agreement with regard to elements of its sentence.
2. Motivation. Security interest and efficient for litigants to avoid arbitrariness.
Object. Maintaining public confidence in the administration of justice and facilitate the audit by higher authorities.
3. Exhausted. Pronouncement should be performed on all disputed points which have been discussed, condemning and acquitting the defendant on all that is cause for claim.
Classification.
1. According to acquit or convict the Defendant. They may be rejecting or upholding.
2. According to fall on an Incident or terminating a major issue. They will be substantive or interlocutory orders.
3. In response to substantial effects.
Conviction. Those who impose the obligation to comply with a provision.
Declaratory judgments. Those clarifying certain legal status (to legal settlement).
Constitutive Statements. Production of a legal Edo before deciding not exist.
4. Attention to its appeal.
– Sentences final misnamed. “Susceptible to be combative by any means to appeal may lead to the confirmation, modification, revocation and annulment of the sentence.
Final sentence. Those who can no longer be challenged and have the force of res judicata.
MEDIA CHALLENGE
They are procedural tools available to the parties, leading to a control over the decision of the judges almost always entrusted to one of higher grade different from that chosen by the contested measure.
Appeal: It is a procedural legal institution that allows same body that issued them or any higher consideration of a resolution issued at the purpose of determining if revoked, amended or confirmed.
Types of Appeal.
1. Appeal of Revocation.
2. Appeal of Appeal.
3. Appeal Replacement
4. Action Complaint
5. Appeal of Liability.