Glossary of Legal Terms and Concepts
Rebellion
Rebellion is the attitude of a party (plaintiff or defendant) who refrains from exercising their rights or fulfilling their obligations within a legal process. This resistance to the normal course of the process results in legal and judicial consequences.
Settlement
The word “conciliation” derives from the Latin conciliatio, conciliationis, meaning the action and effect of reconciling. The term “conciliator” comes from the Latin conciliator, conciliatoris, referring to the person who reconciles.
Evidence
The word “evidence” corresponds to the action of proving. It derives from the Latin “probare“, which, in legal terms, refers to justifying the truth of the facts upon which a right is based. This is a right of any party in a process.
Types of Evidence
- Confession
- Public Documents
- Private Papers
- Expert Advice
- Judicial Recognition or Inspection
- Witnesses
- Photographs, Photocopies, Fingerprint Records, and other scientific discoveries
- Public Fame
- Assumptions
- Other means to produce conviction in court
Burden of Proof (According to Professor Eduardo Pallares)
Professor Eduardo Pallares defines the burden of proof as the legal requirement for parties to prove certain facts if they wish to obtain a favorable ruling on their claims.
Types of Confessions
- Faith in Strict Declaration of Party: This type of confession involves statements made by one of the parties on the issue. It can have testimonial characteristics, encompassing events beyond the party’s statements.
- Judicial Confession and Settlement: This refers to a confession made by a party, or not, to a judicial authority.
Instrumental Test (Documentary Evidence)
Documentary evidence, also called instrumental evidence, consists of items known as loan documents. A document is the material object containing written signs that preserve the memory of an event.
Expert
An expert is a person versed in a specific science or art. Their possession of specialized knowledge distinguishes them as an expert.
Evidence (Scientific and Technical)
This type of evidence provides knowledge to the judge through scientific and technical developments related to the facts of the process.
Allegations
Allegations are logical and legal arguments, presented orally or in writing by a party to the judge. They demonstrate how the facts presented at trial and the applicable laws support the claiming party’s position and challenge the opposing party’s position regarding evidence and law.
General Judgment (According to Jose Becerra Bautista)
Jose Becerra Bautista describes a general judgment as the court’s decision that settles a dispute between parties with binding force.
Legal Costs
Legal costs are the expenses incurred by parties in a judicial process, as defined by applicable legislation. These costs are borne by those who incur them or by the party condemned by the judge to pay them.
Resources
A resource is a legal procedure allowing the same or a higher body to review a court decision to determine whether to revoke, amend, or confirm it.
Resources Processed by Another or Higher Body
- Appeal of Revocation (Article 685 of CPCDF): Admissible against resolutions other than the final judgment when the decision is not appealed.
- Appeal: An action by which a higher court can modify or revoke a lower court’s decision.
- Administrative Appeal: Equivalent to an appeal of revocation, valid for the second instance.
- Challenge: Contests acts of the judge, executor, or secretary, brought before a superior authority.
- Appeal to Phido: Requires a natural person acting as judge or magistrate to assume civil responsibility.
Enforced Recovery
Enforced recovery is the procedural right to ensure compliance with judicial decisions, arbitration awards, or agreements in cases of contempt.
Conditions for the Execution of Sentences
- Condemnation to pay a sum of money.
- Condemnation to pay damages, rent, or fruit products.
- Condemnation to pay an unsettled amount.
- Condemnation to perform or refrain from an action.
- Conviction for the division of common property.
- Condemnation for the delivery of immovable or movable property.
Special Trial
Special trials are procedures with unique forms and processes. Some constitute genuine trials.
Litigation (Voluntary Jurisdiction)
Voluntary jurisdiction covers acts where the interested party requests the judge’s intervention.
Information Ad Perpetuam
Ordered when there’s no interest beyond promoting and questioning:
- A fact or proof to justify a right.
- Justifying possession to establish full ownership.
- Ascertaining property right ownership.
Voluntary Jurisdiction of Survey and Retrace
Occurs when property boundaries are unclear, potentially inaccurate, confused, destroyed, or misplaced.
Lapse
The loss or extension of a law, or forfeiture of a right, leading to the expiry of related documents. A trial is considered abandoned if no action is taken for 180 days in both instances. Expiration of the instance doesn’t extinguish actions or exceptions, allowing for a new trial. The final order declares the instance expired, not interrupting prescription.