Understanding the Classification and Characteristics of Litigation
Definition: Normal set of governing actions of the law in the process and particularly the procedural relationship.
Classification of Litigation:
1. Depending on the contents of the procedural rule:
a) Organic procedural law
b) Functional procedural law
2. In the protected legal interest:
a) Civil Procedure
b) Procedural Law Penalty
c) Procedural Law and Family Labor
d) Administrative Procedural Law
Organic Content of Procedural Law: Deals with the organization, operation, and government bodies exercising jurisdiction, especially those that make up the judiciary.
2. Content of the Functional Procedure: It is responsible for regulating conditions for the valid constitution, development, and appeal of this mechanism for conflict resolution, which is the process.
Characteristics of Litigation:
1. It is a branch of public law.
2. It is an autonomous branch of law: it has its own purposes, principles, and institutions.
3. Instrumental.
Source: The set of rules and principles that form the Procedural Law.
Two types of sources in the Law:
a) Source rules: Those that are so imperative that they determine the content of procedural law.
b) Non-regulatory sources: They are those which constitute indirect manifestations without.
Constitution: Principles of Due Process: Principle of bilaterality of the parties to the hearing, the principle of procedural equality, principle and impartiality of the judge, independence.
Law:
Autoacordados: These are mandatory instruments issued by superior courts to supplement or interpret the rules of procedure.
Custom:
• The custom is a standard created spontaneously through the repetition of acts.
1. Customary law: is one that is expressly authorized by a law.
2. Usual quiet of the law is that which is developed against the absence of a legal standard governing a particular manner.
3. Custom against law: forensic use is that which takes place against the express text of law.
Jurisprudence: (gives state function which aims to performance of concrete will of the law by substituting for the activity of public bodies the activity of individuals or of other powers, is to affirm the existence of the will of the law).
Doctrines: It is the opinion of the studies and research of law, its value as indirect or non-binding.
General Principles: These are all expressions or statements that define the physiognomy of a particular procedure.
Conflict Resolution Methods:
Autotutela: Social phenomenon consisting of the general acceptance of the vindication of the offenses and grievances directly by the aggrieved and his men on the person of the accused.
Autocomposición: Voluntary agreement of the parties in dispute to the composition of the litigation; the parties by agreement of wills decide to end.
Equivalent Jurisdiction:
Process or procedural intraprocesales or extra (depends on the degree and autonomy of the parties).
Equivalents Courts in Particular:
• Transaction: Designed to forestall litigation or terminate any pending litigation.
• Conciliation: Destined to end pending litigation, a legal act under procedural parts of a process at the request of the judge hearing the trial, achieved by agreement termination.
• Drainage: Agreement that directly manages the parts of a process by which they put an end to their outstanding disputes, thus expressing the court. Unassisted, extra-bilateral.
• Withdrawal: Procedural document whereby the actor or active subject of the process states its decision not to continue in renouncing.
• Disclaimer: Procedural document whereby one or both sides of the conflict required not to promote work to resolve it.
Courts Justicialism:
According to Nature:
Ordinary Courts:
• Supreme Court
• Appeals Court
• Presidents
• Ministers
• Trial Courts in Criminal
• Courts of Letters and Tried Guarantee
Special Courts:
• Family Courts
• Justices of the Letters of the Work
• Labor and Social Security Collection
• Military in Peacetime.
According to Its Composition: Personal or corporate.
According to Extension of Competence: Common competition and special jurisdiction.
According to Its Stability: Permanent or accidental.