Understanding Legal Actions and Procedures in Mexico
Unit III: Legal Actions in Mexico
1. Definition of Legal Action
A legal action in Mexico comprises the legal means and procedures used to exercise the constitutional right of petition.
2. Classification of Actions
Legal actions are classified as either real actions or personal actions.
3. Real Action
Real actions derive from real law and aim to protect rights related to property, usufruct, easements, or urban matters.
4. Declaratory Action
A declaratory action seeks to declare or deny the existence of a legal right sufficient to satisfy the plaintiff’s interest.
5. Executive Action
Executive action aims to enforce compliance (through attachment or force) with a requirement imposed by a conviction.
6. Preservative Actions
Preservative actions protect specific rights, primarily by preserving them so the holder can continue their use or enjoyment.
7. Concept of Exceptions
Exceptions represent the defendant’s right to defend against the blocking or destructive effects of an action. This defense aims to cripple the performance of an act or nullify its legal effectiveness based on a procedural flaw or substantive rule.
8. Classification of Exceptions
Exceptions are classified by their object (procedural or substantive) and their effects on the action (dilatory or peremptory).
9. Dilatory Exceptions
Dilatory exceptions have a temporary effect, delaying the exercise of the action and preventing the judge’s pronouncement on its merits. They are divided into preliminary and special ruling exceptions.
10. Specific Dilatory Exceptions
- Lack of court jurisdiction
- Lis pendens
- Connectedness of cause
- Lack of character or standing of any party
- Lack of compliance with the term or condition attached to the intended action
- Benefits of division, excuses, and order
Unit IV: Legal Proceedings
1. Definition of Process
A legal process is the sum of acts performed to resolve a dispute.
2. Phases of the Process
The phases of a legal process include: Filing of Complaint, Response to Demand, Probationary Period, Period of Pleadings, and Judgment.
3. Principles of Due Process
- Procedural promotion or sua sponte action
- Publicity
- Immediacy of the court
- Oral and written proceedings
- Equality of the parties
- Congruence
- Economy
- Estoppel
4. Procedural Subjects
The primary subjects in a legal proceeding are the complaining party (plaintiff or defendant), the opposing party (defendant or accused), and the judge.
5. Tercerista Definition
A tercerista is a party who intervenes in a trial and whose interests may be affected by the sentence. They can be summoned to a mandatory trial if the sentence harms them and are considered part of the process.
6. Difference Between Law Degree and Lawyer
Advocacy involves providing professional legal services, including advice and defense of legal interests before courts and other officials.
A Bachelor’s Degree in Law allows one to pursue legal professions like judge or notary public, which are typically incompatible with advocacy.
7. Retained Lawyer
A retained lawyer advises their client, prepares written documents, and assists in hearings.
8. Means of Procedural Communication
Means of communication between judicial authorities and individuals include notices, summons, subpoenas, and requests.
9. Difference Between Term and Deadline
A term is the timeframe allowed for parties to perform a judicial act or proceeding. A deadline is fixed for the unilateral implementation of a process by a single party.
10. Definition of Expiration
Expiration refers to the extinction of a right or thing due to the lapse of time or non-compliance within a specified timeframe. It can also refer to the loss of validity of a law or custom due to lack of application over time.
Unit V: Evidence in Legal Proceedings
1. Definition of Evidence
In legal proceedings, “evidence” describes the various media or proofs offered by parties or collected by the judge during the instructional phase. This includes testimony, documents, expert opinions, and other elements.
2. Concept of Evidence
Evidence demonstrates the truth of a proposition through a mental operation of comparison.
3. List of Evidence
- Religious test
- Statement from
- Public documents
- Private documents
- Expert opinions
- Judicial recognition or inspection
- Witness testimony
- Photographs, photocopies, fingerprints, and other scientific discoveries
- Public fame
- Presumptions
- Authority reports
4. Religious Test
The confessional test involves subjecting one party to special interrogation by the other.
5. Statement by Party
A statement by party allows for a less formal interview or free examination, including potentially inquisitive questions.
6. Expert Opinions
Expert opinions are provided by specialists in various fields to advise and inform the court.
7. Purpose of Evidence
The purpose of evidence is to demonstrate, convince, and accredit, aiming to persuade the judge of the correspondence between party claims and the facts.
8. Direct and Indirect Evidence
Direct evidence, like judicial recognition, involves the judge directly observing a disputed fact. Indirect evidence, like testimony, provides information indirectly.
9. Difference Between Evidence and Reason for Evidence
Evidence refers to the instruments or procedures used for testing. Reasons for evidence are the arguments or insights that help the judge achieve certainty about the facts.
10. Mixed Assessment System
The mixed assessment system combines free and assessed valuation, allowing the judge to make their own assessment while adhering to general procedural guidelines.