Understanding Legal Procedures and Evidence
Unit V: Evidence
1. Test Definition
In legal proceedings, the term “test” refers to the various media or evidence presented by the parties or collected by the judge during the course of instruction. This includes testimony, instrumental evidence, visual inspection, etc. Sometimes referred to as “test action,” it encompasses the proof of claim offered by the plaintiff and the defenses presented by the defendant. Testing is the activity in the process aimed at establishing the truth or falsity, existence or nonexistence of disputed facts.
2. Concept of Test
Logically, “test” means demonstrating the truth of a proposition. However, in its current legal context, it represents a mental operation of comparison.
3. Types of Evidence
- Religious Test
- Statement From
- Public Documents
- Private Documents
- Expert Opinions
- Judicial Recognition/Inspection
- Witnesses
- Photographs, Photocopies, Fingerprint Records, and Scientific Discoveries
- Public Fame
- Presumptions
- Authority Reports
4. Religious Test
The confessional test involves subjecting one party in the process to a special interrogation by the other party.
5. Statement By
Statement by a party allows for a less formal interview or free examination by the opposing party. This may include inquisitive questions not directly related to the declarant’s own facts, as long as it is deemed relevant.
6. Expert Opinions
Since the court cannot be an expert in all fields, it relies on expert opinions from specialists in various areas of human knowledge.
7. Purpose of the Test
The purpose of presenting evidence is to demonstrate, convince, and accredit. It aims to persuade the judge of the correspondence between the parties’ claims and the events or situations supporting those claims or defenses.
8. Direct and Indirect Evidence
Direct evidence, such as judicial recognition, involves the judge directly observing a disputed fact. Indirect evidence, like testimony, provides information to the judge indirectly.
9. Evidence vs. Reason for Test
Evidence refers to any instrument, procedure, or mechanism used for testing purposes. Reasons for the test are the arguments or insights that help the judge reach certainty or knowledge of specific facts.
10. Mixed Assessment System
This eclectic system combines free valuation and assessed valuation. Used in Mexican law, it allows the judge to assess evidence while adhering to general procedural guidelines.
Unit VI: Legal Actions and Judgments
1. Concept of Legal Action
Legal actions are authorized proceedings within a legal case, including judgments, orders, decrees, motions, and written submissions.
2. Concept of Judgments
Judgments are legal acts characterized by human intervention to create, modify, or terminate legal relationships within the judicial institution.
3. Classification of Judgments
Judgments are typically classified as decrees, orders, or rulings.
4. Decrees
These are purely procedural decisions that don’t directly impact the progress of legal proceedings.
5. Orders
Orders guide or set terms for legal proceedings, often involving charges or affecting parties’ procedural rights.
6. Rulings
Rulings are decisions that resolve the case or issue presented to the court, concluding the instance by deciding the merits of the dispute.
7. Requirements of Judgments
- Consistency
- Motivation
- Reasoning
- Completeness
8. Final Decision
A final decision is one that cannot be challenged through any ordinary or extraordinary action, typically after all appeals have been exhausted.
9. Res Judicata
Res judicata refers to the binding effect of a final court ruling, requiring respect and adherence to the court’s decision.
10. Execution of Sentence
This process ensures full compliance with a judgment according to its terms. It involves specific procedures, requirements, and distinct effects from the original action.
Unit VII: Challenges and Remedies
Meaning of the Word Challenge
Derived from the Latin word “contested,” challenge refers to disputes, contradictions, refutations, or fights within legal proceedings.
Use of Challenge
Challenges denote disagreements against court actions or objections against acts of the parties themselves (e.g., challenging documents). It refers to refuting the validity or legality of court proceedings.
Remedies
Remedies are procedures used to challenge the validity or legality of procedural acts or omissions by the court. They request a resolution, revocation, modification, or remedy for the contested order or default.
Classification of Remedies
Remedies are classified based on two criteria: the relationship between the body issuing the contested order and the body deciding the dispute, and the powers of the judge resolving the dispute.
Injunction
An injunction is a remedy for judicial decisions, usually final, that violate the rights of parties or third parties. It’s a specific measure to prevent or correct abuses of power affecting human rights.
Purpose of Injunction
The purpose is to enforce respect for the plaintiff’s rights and restore legal order within the framework of the Constitution.
Self-Invalidation Trial
This trial is initiated to prevent another trial and concludes with a final sentence.
Incidents
Incidents challenge court proceedings with defects in their execution. A motion for dismissal of proceedings is a common example, addressing flaws through an incidental lawsuit and supporting documentation.
Resources
Resources allow litigants to challenge a superior court decision they find unsatisfactory, seeking correction of judgments issued with insufficient grounds or procedural errors.
Main, Incidental, or Adhesive Resources
Main resources are autonomous. Incidental resources are linked to a prior complaint. Adhesive resources depend on a prior complaint and follow its outcome.