Essay On The Purpose Of The Courts

Essay on the purpose of the Courts

When we talk about the case seen in procedural matters, we refer to the decision made by the judge on said subsequent cause of having heard the parties and evacuated the evidence, in the case of needing a delay in the process any of the parties can requestThe constitution of a court with associates, there will be delivered from the reports within fifteen days of the court, in the opposite case that have not been established with associates, the parties must be submitted to the fifteenth day following the expiration of the expiration of the expiration of theTerm or probative period, each party presents the observations made to the reports of you and the judge will have at your disposal, as long as it merits and following the guidelines established in articles 401 and 514 of the Criminal Procedure Code the Faculty requestThe means to issue cars to better provide and set a legal term for compliance.

Once the reports are introduced together with the claim order, the parties can ask the judge to extend one or several days so that each one can read said reports. The reports are submitted in writing, personally or through an attorney and are also arranged by our legislation or order as a kind of alternative medium before issuing the sentence.

After these steps have been fulfilled, the court has sixty days to issue its ruling, the established lapses or times is vital since the appeal effects can be given in this way. The appeal is attempted five consecutive days to the calendar, you have to appeal for diligence or written before the same court that takes the case.

The appeal of the final judgment will emanate for both purposes at the expiration of the five days and the cars within the three days following the Superior Court are transmitted, according to the steps and lapses established in articles 514 and 515 of the Code of ProcedureCivil.

Each part carries a list;In other words, a list of three associates, letters where they express whether they agree with the associated judges, and the counterpart chooses one of them, on the third day, the part that proposed it has to take the associate chosen to attend the court for court toThe acceptance, then the fees that must be recorded by those who requested the Constitution of the Court with associates are established. Within the next five days (if it does not pay) it returns to the Unipersonal Court, in effect, the Court with associates is formally established by an act, only after the party has paid and from the moment of the Constitution they begin to run fifteen fifteendays for the presentation of reports.In the event that the court is not constituted in the period of five days, those five days are taken into account when computing the fifteen days to submit the reports, that is, that the period of fifteen days runs from theExpiration of the probative period.

The purpose of the court with associates is to decide the controversy. Once the sentence is issued, the jurisdictional function of these judges is exhausted in their functions. For this reason, the formalizer yerra to maintain that having initially requested and constituted the Court with associates, the final sentence is issued in the second instance, and the stay in cassation, the Superior Court that will issue a sentence for the third time for the third time for the third time for the third time for the third time for the third time for the third time for the third time, in this case in forwarding because he married the fund, he is tied to the initial request for the constitution of associates, which was exhausted, as expressed, when the sentence of merit was issued at the first opportunity of the second instance.

In practice, what can happen is that at the end of the thirty days of the probative stage, you ask the court with associate;But it can also be requested in the first five days after the end of the presentation of evidence, then it constitutes a court and then the period begins to submit reports to submit reports.The Constitution of the Court with associates means something very simple, in civil matters all courts are unipersonal and only exceptionally a collegiate court can be constituted.

When he requests that he be constituted with associates, it is that the judge of that court will seek two more judges to associate and issue the sentence between the three the head of the office plus two other associates.

After the court has been constituted, the reports approached, the sentence comes through the judge’s pronouncement, this may be a final sentence;Which dictates the final decision taken by the judge to arrive at the end of the process, this decision must save concordance whether the demanding officer or the position of the defendant. The sentence can also be interlocutory;that establishes parameters to address measures in the development of the process, as can be referring to the previous issues, in the admission of the evidence.

Although the judgment may be definitive or interlocutory, they must also be addressed from the point of view to the effects that emanate, since it can establish the conviction of the defendant either by the action or omission of a legally protected fact or rather a benefit. It may also be that instead of establishing a conviction, it constitutes a legal link between the actors which can also be suppressed by this type of sentence such as constitutive, or the declarative as the name implies, they do the declaration of existence or non -existenceof a legal relationship.

In the event that the judge presents doubts or insufficiencies that prevents youThe purpose of requesting certain evidence to clarify the judge’s conviction on the facts presented, it should.

After submitted the reports or fulfillment that is the order to better provide or after the term indicated for the fulfillment of this, the Court will issue its ruling or the sentence within the following days if the sentence is firm, in case of being an interlocutory sentenceIt will be issued within thirty days of the presentation of the reports or observation of these. It is worth mentioning that these observations of the reports are the faculty that the parties have to challenge the reports of their counterpart.

According to article 243 of the Code of Civil Procedure, the sentence would be structure in three parts;the narrative which presents a clear and precise synthesis of the facts and terms that are required in the controversy, the motivation that constitute the reasons of fact and law, and the operative that establishes the express and precise decision concerning the claim deduced. In the case of the delay of the sentence, it will only be valid for once, within a period of thirty days and for a highly serious cause of which the judge must express in the deferral order, according to article 251 of the C of the C.P.C

Articles 243 and 244 of the C.P.C indicate the vices that the judge can incur, and therefore provides that the decision must be express, positive and precise. The decision must be in accordance with the actions attempted and to the opposite exceptions and defenses, to avoid indecision, as is the case of judges who declare that the demand does not proceed due to lack of probative elements, but being able to try again and later if later ifThose probative elements are brought.

The same article 243 of the Civil Procedure Code establishes the requirements that must be respected for the validity of the sentence, such as the indication of the Court that pronounces it and the parties with its proxies, the narrative, motivated and operative part to which it istowards reference previously, the determination of the thing or object that the decision falls.

Although the part of the process generally concludes by the final judgment, it can also end differently through the alternative means of conflict resolution, either by the unilateral manifestation of the defendant to pave the terms to which the claim was raised, expressing itIn the response of the same by convention, for reconciliation between the agreement of wills taken by the parties in an act previously recommended by the judge, it can also be due to the withdrawal in which the actor renounces the procedure or demand with the consent ofThe demanded part. The transaction constitutes a contract through which the parties through reciprocal concessions end the pending process.